80_FR_16059 80 FR 16001 - Energy Conservation Program for Consumer Products: Decision and Order Granting a Waiver to Empire Comfort Systems From the Department of Energy Vented Home Heating Equipment Test Procedure

80 FR 16001 - Energy Conservation Program for Consumer Products: Decision and Order Granting a Waiver to Empire Comfort Systems From the Department of Energy Vented Home Heating Equipment Test Procedure

DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy

Federal Register Volume 80, Issue 58 (March 26, 2015)

Page Range16001-16004
FR Document2015-06922

The U.S. Department of Energy (DOE) gives notice of its Decision and Order in Case No. VHE-002, which grants Empire Comfort Systems, Inc. (Empire) a waiver from the existing DOE test procedure for determining the energy consumption of residential vented home heating equipment. DOE previously published the Empire Petition for Waiver and solicited comments, data, and information regarding the petition, which requested permission to use the DOE test procedure proposed in the Notice of Proposed Rulemaking (NOPR) for Direct Heating Equipment and Pool Heaters published in the Federal Register on October 24, 2013, as an alternate test procedure to account for the energy consumption of its condensing-type direct heating equipment (DHE) models. Under this Decision and Order, Empire shall be required to test and rate its condensing-type direct DHE models using the applicable provisions of the DOE test procedure final rule for DHE published in the Federal Register on January 6, 2015. Empire shall use those provisions as an alternate test procedure until July 6, 2015, the mandatory compliance date for the amended test procedure, at which point this waiver shall terminate.

Federal Register, Volume 80 Issue 58 (Thursday, March 26, 2015)
[Federal Register Volume 80, Number 58 (Thursday, March 26, 2015)]
[Notices]
[Pages 16001-16004]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-06922]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. VHE-002]


Energy Conservation Program for Consumer Products: Decision and 
Order Granting a Waiver to Empire Comfort Systems From the Department 
of Energy Vented Home Heating Equipment Test Procedure

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Decision and Order.

-----------------------------------------------------------------------

SUMMARY: The U.S. Department of Energy (DOE) gives notice of its 
Decision and Order in Case No. VHE-002, which grants Empire Comfort 
Systems, Inc. (Empire) a waiver from the existing DOE test procedure 
for determining the energy consumption of residential vented home 
heating equipment. DOE previously published the Empire Petition for 
Waiver and solicited comments, data, and information regarding the 
petition, which requested permission to use the DOE test procedure 
proposed in the

[[Page 16002]]

Notice of Proposed Rulemaking (NOPR) for Direct Heating Equipment and 
Pool Heaters published in the Federal Register on October 24, 2013, as 
an alternate test procedure to account for the energy consumption of 
its condensing-type direct heating equipment (DHE) models. Under this 
Decision and Order, Empire shall be required to test and rate its 
condensing-type direct DHE models using the applicable provisions of 
the DOE test procedure final rule for DHE published in the Federal 
Register on January 6, 2015. Empire shall use those provisions as an 
alternate test procedure until July 6, 2015, the mandatory compliance 
date for the amended test procedure, at which point this waiver shall 
terminate.

DATES: This Decision and Order is effective March 26, 2015. The waiver 
granted in this Decision and Order shall terminate on July 6, 2015.

FOR FURTHER INFORMATION CONTACT:
    Mr. Bryan Berringer, U.S. Department of Energy, Building 
Technologies Office, Mailstop EE-5B, 1000 Independence Avenue SW., 
Washington, DC 20585-0121. Telephone: (202) 586-0371. Email: 
[email protected].
    Mr. Eric Stas, U.S. Department of Energy, Office of the General 
Counsel, Mail Stop GC-33, 1000 Independence Avenue SW., Washington, DC 
20585-0103. Telephone: (202) 586-9507. Email: [email protected].

SUPPLEMENTARY INFORMATION: In accordance with 10 CFR 430.27(l), DOE 
gives notice of the issuance of its Decision and Order as set forth 
below. The Decision and Order grants Empire's request for waiver from 
the existing residential vented home heating equipment test procedure 
in 10 CFR part 430, subpart B, appendix O for its PVS (18,35)(K)(N)(P) 
basic model of condensing-type direct heating equipment, provided that 
Empire tests and rates such products using the alternate test procedure 
described in this notice. This Decision and Order prohibits Empire from 
making representations concerning the energy efficiency of these 
products unless the product has been tested consistent with the 
provisions of the alternate test procedure set forth below, and the 
representations fairly disclose the test results. Distributors, 
retailers, and private labelers are held to the same standard when 
making representations regarding the energy efficiency of these 
products. (42 U.S.C. 6293(c)) This waiver shall terminate on July 6, 
2015, the mandatory compliance date for the amended DOE DHE test 
procedure (the source of the alternate test procedure).

    Issued in Washington, DC, on March 20, 2015.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

Decision and Order

    In the Matter of: Empire Comfort Systems Inc. (Empire) (Case No. 
VHE-002).

I. Background and Authority

    Title III, Part B \1\ of the Energy Policy and Conservation Act of 
1975 (EPCA), Public Law 94-163 (42 U.S.C. 6291-6309, as codified), sets 
forth a variety of provisions concerning energy efficiency and 
established the ``Energy Conservation Program for Consumer Products 
Other Than Automobiles.'' This program covers most major household 
appliances, including the vented home heating equipment that is the 
subject of this notice.\2\ Part B includes definitions, test 
procedures, labeling provisions, energy conservation standards, and the 
authority to require information and reports from manufacturers. 
Further, Part B authorizes the Secretary of Energy to prescribe test 
procedures that are reasonably designed to produce results that measure 
energy efficiency, energy use, or estimated operating costs, and that 
are not unduly burdensome to conduct. (42 U.S.C. 6293(b)(3)) The test 
procedure for residential vented home heating equipment is contained in 
10 CFR part 430, subpart B, appendix O, Uniform Test Method for 
Measuring the Energy Consumption of Vented Home Heating Equipment.
---------------------------------------------------------------------------

    \1\ For editorial reasons, on codification in the U.S. Code, 
Part B was re-designated Part A.
    \2\ All references to EPCA in this document refer to the statute 
as amended through the American Energy Manufacturing Technical 
Corrections Act (AEMTCA), Public Law 112-210 (Dec. 18, 2012).
---------------------------------------------------------------------------

    The regulations set forth in 10 CFR 430.27, which were recently 
amended, contain provisions that enable a person to petition DOE to 
obtain a waiver from the test procedure requirements for covered 
products. See 79 FR 26591 (May 9, 2014) (revising 10 CFR 430.27, 
effective June 9, 2014). (DOE notes that while the previous version of 
10 CFR 430.27 was effective at the time of Empire's submission, the 
substantive aspects of this regulation have not been changed by the May 
9, 2014 final rule.) A person may petition for a waiver from the test 
procedure requirements that would ordinarily apply to a particular 
basic model covered under DOE's regulations when: (1) The petitioner's 
basic model for which the petition for waiver was submitted contains 
one or more design characteristics that prevent testing according to 
the prescribed test procedure, or (2) when prescribed test procedures 
may evaluate the basic model in a manner so unrepresentative of its 
true energy and/or water consumption characteristics as to provide 
materially inaccurate comparative data. 10 CFR 430.27(a)(1) (noting 
that a person may petition to waive for a particular basic model any 
requirements of 10 CFR 430.23 or of ``any appendix'' under 10 CFR part 
430, subpart B). Petitioners must include in their petition any 
alternate test procedures known to the petitioner to evaluate the basic 
model in a manner representative of its energy consumption 
characteristics. 10 CFR 430.27(b)(1)(iii).
    DOE may grant a waiver subject to conditions, including adherence 
to alternate test procedures. 10 CFR 430.27(f)(2). Waivers remain in 
effect pursuant to the provisions of 10 CFR 430.27(h).
    Any interested person who has submitted a Petition for Waiver may 
also file an Application for Interim Waiver from the applicable test 
procedure requirements. 10 CFR 430.27(b)(2). DOE will grant an interim 
waiver request if it is determined that the applicant will experience 
economic hardship if the interim waiver is denied, if it appears likely 
that the petition for waiver will be granted, and/or DOE determines 
that it would be desirable for public policy reasons to grant immediate 
relief pending a determination on the petition for waiver. 10 CFR 
430.27(e)(2).

II. Empire's Petition for Waiver: Assertions and Determinations

    On January 20, 2014, Empire filed a Petition for Waiver and 
Application for Interim Waiver for a condensing-type direct heating 
equipment model from the test procedure applicable to vented home 
heating equipment set forth in 10 CFR part 430, subpart B, appendix 
O.\3\

[[Page 16003]]

See 79 FR 18536 (April 2, 2014). In its petition, Empire seeks a waiver 
from the existing DOE test procedure for its vented gas heaters and 
fireplace systems under 10 CFR part 430 because Empire asserts that the 
existing test procedure does not account for condensing-type heating 
equipment. Empire seeks to use the test method proposed by DOE in a 
NOPR for Direct Heating Equipment and Pool Heaters published in the 
Federal Register on October 24, 2013 (78 FR 63410) (hereinafter the 
``October 2013 NOPR''), as an alternate test procedure to account for 
the energy consumption of its condensing-type DHE models. That notice, 
in relevant part, defines the term ``condensing vented heater'' and 
provides a method for testing these devices.
---------------------------------------------------------------------------

    \3\ On July 21, 2011, Empire originally filed a petition for 
waiver from the DOE test procedure for residential vented home 
heating equipment for specified condensing-type direct heating 
equipment models applicable to its Mantis vented gas fireplace 
systems. The current DOE test procedure in appendix O has no 
provisions for testing condensing-type direct heating equipment. On 
November 3, 2011, DOE published the Empire petition for waiver (Case 
No. VHE-001) from the vented home heating equipment test procedure 
in the Federal Register (76 FR 68180). The notice provided for the 
submission of comments by December 5, 2011. Because all known 
manufacturers of domestically-marketed units of the same product 
type were not timely notified that DOE published the Petition for 
Waiver, DOE determined that re-opening of the public comment period 
was appropriate. On February 1, 2012, DOE published a notice of re-
opening of the public comment period in the Federal Register (77 FR 
5001) with the comment period ending on March 2, 2012. DOE received 
no comments during the initial petition for waiver comment period 
nor during the re-opening of the public comment period. In the 
January 20, 2014 request, Empire stated that the list of models in 
the original waiver submitted to DOE on July 21, 2011 is no longer 
accurate and is superseded by its latter petition. Thus, DOE has 
withdrawn the petition under Case No. VHE-001.
---------------------------------------------------------------------------

    DOE notes that of the eight basic model numbers set forth in 
Empire's petition, only one (PVS (18, 35) (K)(N)(P)) qualifies as a 
covered DHE product. The remaining seven basic models (which are 
fireplaces, fireplace inserts, or stoves) are hearth products and are, 
therefore, subject to neither the test procedure requirements of 10 CFR 
part 430, subpart B, appendix O nor the proposed requirements of the 
October 2013 NOPR.\4\ Therefore, DOE has considered only one of the 
basic models submitted in the petition for waiver. For the remaining 
basic models, since testing of hearth products is not required under 
DOE regulations at this time, there is no need to consider a waiver for 
such models. However, if Empire chooses to conduct testing to make 
representations regarding the energy efficiency of these products, the 
company is free to use any test procedure it deems appropriate.
---------------------------------------------------------------------------

    \4\ On February 8, 2013, the U.S. Court of Appeals for the 
District of Columbia Circuit (D.C. Circuit) issued a decision 
vacating the DOE definition of ``Vented hearth heater'' at 10 CFR 
430.2, and remanded the issue to DOE to interpret the challenged 
provisions consistent with the court's opinion. Hearth, Patio & 
Barbecue Association v. U.S. Department of Energy, 706 F.3d 499, 509 
(D.C. Cir. 2013). Since that time, DOE has published a proposed 
coverage determination that would classify all hearth products as a 
new covered product pursuant to 42 U.S.C. 6292(a)(20) and (b). 78 FR 
79638 (Dec. 31, 2013).
---------------------------------------------------------------------------

    Empire also requested an interim waiver from the existing DOE test 
procedure, which DOE granted. See 79 FR 18536, 18537 (April 2, 2014). 
An interim waiver may be granted if it appears likely that the Petition 
for Waiver will be granted and/or DOE determines that it would be 
desirable for public policy reasons to grant immediate relief pending a 
determination of the petition for waiver. See 10 CFR 430.27(e)(2). DOE 
determined that Empire's Application for Interim Waiver did not provide 
sufficient market, equipment price, shipments, and other manufacturer 
impact information to permit DOE to evaluate the economic hardship 
Empire might experience absent a favorable determination on its 
Application for Interim Waiver. DOE understands, however, that absent 
an interim waiver, the basic model submitted by Empire that qualifies 
as a covered product could not be tested and rated for energy 
consumption on a basis representative of its true energy consumption 
characteristics. It is in the public interest to have similar products 
tested and rated for energy consumption on a comparable basis, where 
possible. Furthermore, DOE determined that Empire is likely to succeed 
on the merits of its Petition for Waiver and that it is desirable for 
public policy reasons to grant immediate relief. Empire requested to 
use the test method proposed by DOE in the October 2013 NOPR as an 
alternate test procedure to account for the energy consumption of its 
condensing-type direct heating equipment models; that notice, in 
relevant part, defines the term ``condensing vented heater'' and 
provides a method for testing these devices, thereby providing a 
suitable vehicle for testing these products and making representations 
as to their energy efficiency. For the reasons stated above, DOE 
granted Empire's Application for Interim Waiver from testing of its 
condensing-type vented gas heater system. 79 FR 18536, 18537-38 (April 
2, 2014).
    DOE did not receive any comments on the Empire petition published 
in the Federal Register on April 2, 2014 (79 FR 18536).
    Under this Decision and Order, Empire shall be required to test and 
rate its condensing-type direct heating equipment (DHE) models using 
the DOE Final Rule test procedure for DHE published in the Federal 
Register on January 6, 2015 (80 FR 792). The effective date of this 
rule was February 5, 2015 and compliance will be mandatory starting 
July 6, 2015. DOE feels that the use of the Final Rule test procedure 
will utilize the most up-to-date test method and be able to compare 
similar products to help inform the consumer when purchasing these 
types of products.

III. Consultations With Other Agencies

    DOE consulted with the Federal Trade Commission (FTC) staff 
concerning the Empire petition for waiver. The FTC staff did not have 
any objections to granting a waiver to Empire.

IV. Conclusion

    After careful consideration of all the material that was submitted 
by Empire and consultation with the FTC staff, it is ordered that:
    (1) The Petition for Waiver submitted by the Empire Comfort 
Systems, Inc. (Case No. VHE-002) is hereby granted as set forth in the 
paragraphs below.
    (2) Empire shall be required to test and rate the following basic 
model (condensing vented heater):
    PVS (18,35) (K)(N)(P) according to the alternate test procedure set 
forth in paragraph (3) below.
    (3) Empire shall not be required to test the products listed in 
paragraph (2) above according to the test procedure for residential 
vented home heating equipment set forth in 10 CFR part 430, subpart B, 
appendix O, but instead shall use as the amended test procedure as set 
forth in the final rule published in the Federal Register on January 6, 
2015 (80 FR 792).
    (4) Representations. Empire may make representations about the 
energy use of its condensing-type DHE models for compliance, marketing, 
or other purposes only to the extent that such products have been 
tested in accordance with the provisions outlined above and such 
representations fairly disclose the results of such testing.
    (5) This waiver shall terminate on July 6, 2015, consistent with 
the provisions of 10 CFR 430.27(h)(2).
    (6) This waiver is issued on the condition that the statements, 
representations, and documentary materials provided by the petitioner 
are valid. DOE may revoke or modify this waiver at any time if it 
determines the factual basis underlying the Petition for Waiver is 
incorrect, or the results from the alternate test procedure are 
unrepresentative of the basic model's true energy consumption 
characteristics.
    (7) This waiver is granted for only those models specifically set 
out in Empire's January 20, 2014 Petition for Waiver, not future models 
that may be manufactured by Empire. Empire may submit a new or amended 
Petition for Waiver and Application for Grant of Interim Waiver, as 
appropriate, for additional residential vented home heating equipment 
models for which it seeks a waiver from the DOE test

[[Page 16004]]

procedure. Grant of this waiver also does not release Empire from the 
certification requirements set forth at 10 CFR part 429.

    Issued in Washington, DC, on March 20, 2015.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.
[FR Doc. 2015-06922 Filed 3-25-15; 8:45 am]
 BILLING CODE 6450-01-P



                                                                               Federal Register / Vol. 80, No. 58 / Thursday, March 26, 2015 / Notices                                                  16001

                                                  Hand Delivery or Private Delivery                       requires DOE to give appropriate                      and replies thereto. Additional
                                                  Services (e.g., FedEx, UPS, etc.)                       consideration to the environmental                    procedures will be used as necessary to
                                                    U.S. Department of Energy (FE–34),                    effects of its proposed decisions. No                 achieve a complete understanding of the
                                                  Office of Oil and Gas Global Security                   final decision will be issued in this                 facts and issues. If an additional
                                                  and Supply, Office of Fossil Energy,                    proceeding until DOE has met its                      procedure is scheduled, notice will be
                                                  Forrestal Building, Room 3E–042, 1000                   environmental responsibilities.                       provided to all parties. If no party
                                                  Independence Avenue SW.,                                                                                      requests additional procedures, a final
                                                                                                          Public Comment Procedures
                                                  Washington, DC 20585.                                                                                         Opinion and Order may be issued based
                                                                                                             In response to this Notice, any person             on the official record, including the
                                                  FOR FURTHER INFORMATION CONTACT:                        may file a protest, comments, or a                    Application and responses filed by
                                                  Larine Moore or Benjamin Nussdorf,                      motion to intervene or notice of                      parties pursuant to this notice, in
                                                  U.S. Department of Energy (FE–34),                      intervention, as applicable. Due to the               accordance with 10 CFR 590.316.
                                                  Office of Oil and Gas Global Security                   complexity of the issues raised by the                  The Application is available for
                                                  and Supply, Office of Fossil Energy,                    Applicant, interested parties will be                 inspection and copying in the Division
                                                  Forrestal Building, Room 3E–042, 1000                   provided 60 days from the date of                     of Natural Gas Regulatory Activities
                                                  Independence Avenue SW.,                                publication of this Notice in which to                docket room, Room 3E–042, 1000
                                                  Washington, DC 20585, (202) 586–9478;                   submit their comments, protests,                      Independence Avenue SW.,
                                                  (202) 586–7991.                                         motions to intervene, or notices of                   Washington, DC 20585. The docket
                                                    Cassandra Bernstein, U.S. Department                  intervention.                                         room is open between the hours of 8:00
                                                  of Energy (GC–76), Office of the                           Any person wishing to become a party               a.m. and 4:30 p.m., Monday through
                                                  Assistant General Counsel for Electricity               to the proceeding must file a motion to               Friday, except Federal holidays. The
                                                  and Fossil Energy, Forrestal Building,                  intervene or notice of intervention. The              Application and any filed protests,
                                                  1000 Independence Avenue SW.,                           filing of comments or a protest with                  motions to intervene or notice of
                                                  Washington, DC 20585, (202) 586–9793.                   respect to the Application will not serve             interventions, and comments will also
                                                  SUPPLEMENTARY INFORMATION:                              to make the commenter or protestant a                 be available electronically by going to
                                                  DOE/FE Evaluation                                       party to the proceeding, although                     the following DOE/FE Web address:
                                                                                                          protests and comments received from                   http://www.fe.doe.gov/programs/
                                                     The Application will be reviewed                     persons who are not parties will be
                                                  pursuant to section 3(a) of the NGA, 15                                                                       gasregulation/index.html.
                                                                                                          considered in determining the
                                                  U.S.C. 717b(a), and DOE will consider                   appropriate action to be taken on the
                                                                                                                                                                  Issued in Washington, DC, on March 19,
                                                  any issues required by law or policy. To                                                                      2015.
                                                                                                          Application. All protests, comments,
                                                  the extent determined to be relevant,                                                                         John A. Anderson,
                                                                                                          motions to intervene, or notices of
                                                  these issues will include the domestic                  intervention must meet the                            Director, Office of Oil and Gas Global Security
                                                  need for the natural gas proposed to be                                                                       and Supply, Office of Oil and Natural Gas.
                                                                                                          requirements specified by the
                                                  exported, the adequacy of domestic                      regulations in 10 CFR part 590.                       [FR Doc. 2015–06921 Filed 3–25–15; 8:45 am]
                                                  natural gas supply, U.S. energy security,                  Filings may be submitted using one of              BILLING CODE 6450–01–P
                                                  and the cumulative impact of the                        the following methods: (1) Emailing the
                                                  requested authorization and any other                   filing to fergas@hq.doe.gov, with FE
                                                  LNG export application(s) previously                    Docket No. 14–209–LNG in the title                    DEPARTMENT OF ENERGY
                                                  approved on domestic natural gas                        line; (2) mailing an original and three
                                                  supply and demand fundamentals. DOE                                                                           Office of Energy Efficiency and
                                                                                                          paper copies of the filing to the Office              Renewable Energy
                                                  may also consider other factors bearing                 of Oil and Gas Global Security and
                                                  on the public interest, including the                   Supply at the address listed in                       [Case No. VHE–002]
                                                  impact of the proposed exports on the                   ADDRESSES; or (3) hand delivering an
                                                  U.S. economy (including GDP,                            original and three paper copies of the                Energy Conservation Program for
                                                  consumers, and industry), job creation,                 filing to the Office of Oil and Gas Global            Consumer Products: Decision and
                                                  the U.S. balance of trade, and                          Supply at the address listed in                       Order Granting a Waiver to Empire
                                                  international considerations; and                       ADDRESSES. All filings must include a                 Comfort Systems From the Department
                                                  whether the authorization is consistent                 reference to FE Docket No. 14–209–                    of Energy Vented Home Heating
                                                  with DOE’s policy of promoting                          LNG. Please Note: If submitting a filing              Equipment Test Procedure
                                                  competition in the marketplace by                       via email, please include all related                 AGENCY: Office of Energy Efficiency and
                                                  allowing commercial parties to freely                   documents and attachments (e.g.,                      Renewable Energy, Department of
                                                  negotiate their own trade arrangements.                 exhibits) in the original email                       Energy.
                                                  Additionally, DOE will consider the                     correspondence. Please do not include
                                                  following environmental document:                                                                             ACTION: Decision and Order.
                                                                                                          any active hyperlinks or password
                                                  Addendum to Environmental Review                        protection in any of the documents or                 SUMMARY:   The U.S. Department of
                                                  Documents Concerning Exports of                         attachments related to the filing. All                Energy (DOE) gives notice of its
                                                  Natural Gas From the United States, 79                  electronic filings submitted to DOE                   Decision and Order in Case No. VHE–
                                                  FR 48132 (Aug. 15, 2014).3 Parties that                 must follow these guidelines to ensure                002, which grants Empire Comfort
                                                  may oppose this Application should                      that all documents are filed in a timely              Systems, Inc. (Empire) a waiver from the
                                                  address these issues in their comments                  manner. Any hardcopy filing submitted                 existing DOE test procedure for
                                                  and/or protests, as well as other issues
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                          greater in length than 50 pages must                  determining the energy consumption of
                                                  deemed relevant to the Application.                     also include, at the time of the filing, a            residential vented home heating
                                                     The National Environmental Policy                    digital copy on disk of the entire                    equipment. DOE previously published
                                                  Act (NEPA), 42 U.S.C. 4321 et seq.,                     submission.                                           the Empire Petition for Waiver and
                                                    3 The Addendum and related documents are
                                                                                                             A decisional record on the                         solicited comments, data, and
                                                  available at: http://energy.gov/fe/draft-addendum-
                                                                                                          Application will be developed through                 information regarding the petition,
                                                  environmental-review-documents-concerning-              responses to this notice by parties,                  which requested permission to use the
                                                  exports-natural-gas-united-states.                      including the parties’ written comments               DOE test procedure proposed in the


                                             VerDate Sep<11>2014   18:55 Mar 25, 2015   Jkt 235001   PO 00000   Frm 00023   Fmt 4703   Sfmt 4703   E:\FR\FM\26MRN1.SGM   26MRN1


                                                  16002                        Federal Register / Vol. 80, No. 58 / Thursday, March 26, 2015 / Notices

                                                  Notice of Proposed Rulemaking (NOPR)                      Issued in Washington, DC, on March 20,                 more design characteristics that prevent
                                                  for Direct Heating Equipment and Pool                   2015.                                                    testing according to the prescribed test
                                                  Heaters published in the Federal                        Kathleen B. Hogan,                                       procedure, or (2) when prescribed test
                                                  Register on October 24, 2013, as an                     Deputy Assistant Secretary for Energy                    procedures may evaluate the basic
                                                  alternate test procedure to account for                 Efficiency, Energy Efficiency and Renewable              model in a manner so unrepresentative
                                                  the energy consumption of its                           Energy.                                                  of its true energy and/or water
                                                  condensing-type direct heating                          Decision and Order                                       consumption characteristics as to
                                                  equipment (DHE) models. Under this                                                                               provide materially inaccurate
                                                                                                            In the Matter of: Empire Comfort
                                                  Decision and Order, Empire shall be                                                                              comparative data. 10 CFR 430.27(a)(1)
                                                                                                          Systems Inc. (Empire) (Case No. VHE–
                                                  required to test and rate its condensing-                                                                        (noting that a person may petition to
                                                                                                          002).
                                                  type direct DHE models using the                                                                                 waive for a particular basic model any
                                                  applicable provisions of the DOE test                   I. Background and Authority                              requirements of 10 CFR 430.23 or of
                                                  procedure final rule for DHE published                     Title III, Part B 1 of the Energy Policy              ‘‘any appendix’’ under 10 CFR part 430,
                                                  in the Federal Register on January 6,                   and Conservation Act of 1975 (EPCA),                     subpart B). Petitioners must include in
                                                  2015. Empire shall use those provisions                 Public Law 94–163 (42 U.S.C. 6291–                       their petition any alternate test
                                                  as an alternate test procedure until July               6309, as codified), sets forth a variety of              procedures known to the petitioner to
                                                  6, 2015, the mandatory compliance date                  provisions concerning energy efficiency                  evaluate the basic model in a manner
                                                  for the amended test procedure, at                      and established the ‘‘Energy                             representative of its energy
                                                  which point this waiver shall terminate.                Conservation Program for Consumer                        consumption characteristics. 10 CFR
                                                  DATES: This Decision and Order is                       Products Other Than Automobiles.’’                       430.27(b)(1)(iii).
                                                  effective March 26, 2015. The waiver                    This program covers most major                              DOE may grant a waiver subject to
                                                  granted in this Decision and Order shall                household appliances, including the                      conditions, including adherence to
                                                  terminate on July 6, 2015.                              vented home heating equipment that is                    alternate test procedures. 10 CFR
                                                                                                          the subject of this notice.2 Part B                      430.27(f)(2). Waivers remain in effect
                                                  FOR FURTHER INFORMATION CONTACT:                                                                                 pursuant to the provisions of 10 CFR
                                                                                                          includes definitions, test procedures,
                                                     Mr. Bryan Berringer, U.S. Department                                                                          430.27(h).
                                                                                                          labeling provisions, energy conservation
                                                  of Energy, Building Technologies Office,                                                                            Any interested person who has
                                                                                                          standards, and the authority to require
                                                  Mailstop EE–5B, 1000 Independence                                                                                submitted a Petition for Waiver may
                                                                                                          information and reports from
                                                  Avenue SW., Washington, DC 20585–                                                                                also file an Application for Interim
                                                                                                          manufacturers. Further, Part B
                                                  0121. Telephone: (202) 586–0371.                                                                                 Waiver from the applicable test
                                                                                                          authorizes the Secretary of Energy to
                                                  Email: Bryan.Berringer@ee.doe.gov.                                                                               procedure requirements. 10 CFR
                                                                                                          prescribe test procedures that are
                                                     Mr. Eric Stas, U.S. Department of                    reasonably designed to produce results                   430.27(b)(2). DOE will grant an interim
                                                  Energy, Office of the General Counsel,                  that measure energy efficiency, energy                   waiver request if it is determined that
                                                  Mail Stop GC–33, 1000 Independence                      use, or estimated operating costs, and                   the applicant will experience economic
                                                  Avenue SW., Washington, DC 20585–                       that are not unduly burdensome to                        hardship if the interim waiver is denied,
                                                  0103. Telephone: (202) 586–9507.                        conduct. (42 U.S.C. 6293(b)(3)) The test                 if it appears likely that the petition for
                                                  Email: Eric.Stas@hq.doe.gov.                            procedure for residential vented home                    waiver will be granted, and/or DOE
                                                  SUPPLEMENTARY INFORMATION: In                           heating equipment is contained in 10                     determines that it would be desirable for
                                                  accordance with 10 CFR 430.27(l), DOE                   CFR part 430, subpart B, appendix O,                     public policy reasons to grant
                                                  gives notice of the issuance of its                     Uniform Test Method for Measuring the                    immediate relief pending a
                                                  Decision and Order as set forth below.                  Energy Consumption of Vented Home                        determination on the petition for
                                                  The Decision and Order grants Empire’s                  Heating Equipment.                                       waiver. 10 CFR 430.27(e)(2).
                                                  request for waiver from the existing                       The regulations set forth in 10 CFR                   II. Empire’s Petition for Waiver:
                                                  residential vented home heating                         430.27, which were recently amended,                     Assertions and Determinations
                                                  equipment test procedure in 10 CFR                      contain provisions that enable a person
                                                  part 430, subpart B, appendix O for its                 to petition DOE to obtain a waiver from                    On January 20, 2014, Empire filed a
                                                  PVS (18,35)(K)(N)(P) basic model of                     the test procedure requirements for                      Petition for Waiver and Application for
                                                  condensing-type direct heating                          covered products. See 79 FR 26591                        Interim Waiver for a condensing-type
                                                  equipment, provided that Empire tests                   (May 9, 2014) (revising 10 CFR 430.27,                   direct heating equipment model from
                                                  and rates such products using the                       effective June 9, 2014). (DOE notes that                 the test procedure applicable to vented
                                                  alternate test procedure described in                   while the previous version of 10 CFR                     home heating equipment set forth in 10
                                                  this notice. This Decision and Order                    430.27 was effective at the time of                      CFR part 430, subpart B, appendix O.3
                                                  prohibits Empire from making                            Empire’s submission, the substantive
                                                                                                                                                                     3 On July 21, 2011, Empire originally filed a
                                                  representations concerning the energy                   aspects of this regulation have not been                 petition for waiver from the DOE test procedure for
                                                  efficiency of these products unless the                 changed by the May 9, 2014 final rule.)                  residential vented home heating equipment for
                                                  product has been tested consistent with                 A person may petition for a waiver from                  specified condensing-type direct heating equipment
                                                  the provisions of the alternate test                    the test procedure requirements that                     models applicable to its Mantis vented gas fireplace
                                                                                                                                                                   systems. The current DOE test procedure in
                                                  procedure set forth below, and the                      would ordinarily apply to a particular                   appendix O has no provisions for testing
                                                  representations fairly disclose the test                basic model covered under DOE’s                          condensing-type direct heating equipment. On
                                                  results. Distributors, retailers, and                   regulations when: (1) The petitioner’s                   November 3, 2011, DOE published the Empire
                                                                                                                                                                   petition for waiver (Case No. VHE–001) from the
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                                                  private labelers are held to the same                   basic model for which the petition for
                                                                                                                                                                   vented home heating equipment test procedure in
                                                  standard when making representations                    waiver was submitted contains one or                     the Federal Register (76 FR 68180). The notice
                                                  regarding the energy efficiency of these                                                                         provided for the submission of comments by
                                                  products. (42 U.S.C. 6293(c)) This                        1 For editorial reasons, on codification in the U.S.
                                                                                                                                                                   December 5, 2011. Because all known
                                                  waiver shall terminate on July 6, 2015,                 Code, Part B was re-designated Part A.                   manufacturers of domestically-marketed units of
                                                                                                            2 All references to EPCA in this document refer        the same product type were not timely notified that
                                                  the mandatory compliance date for the                   to the statute as amended through the American           DOE published the Petition for Waiver, DOE
                                                  amended DOE DHE test procedure (the                     Energy Manufacturing Technical Corrections Act           determined that re-opening of the public comment
                                                  source of the alternate test procedure).                (AEMTCA), Public Law 112–210 (Dec. 18, 2012).            period was appropriate. On February 1, 2012, DOE



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                                                                                Federal Register / Vol. 80, No. 58 / Thursday, March 26, 2015 / Notices                                            16003

                                                  See 79 FR 18536 (April 2, 2014). In its                 FR 18536, 18537 (April 2, 2014). An                   consumer when purchasing these types
                                                  petition, Empire seeks a waiver from the                interim waiver may be granted if it                   of products.
                                                  existing DOE test procedure for its                     appears likely that the Petition for
                                                                                                                                                                III. Consultations With Other Agencies
                                                  vented gas heaters and fireplace systems                Waiver will be granted and/or DOE
                                                  under 10 CFR part 430 because Empire                    determines that it would be desirable for                DOE consulted with the Federal Trade
                                                  asserts that the existing test procedure                public policy reasons to grant                        Commission (FTC) staff concerning the
                                                  does not account for condensing-type                    immediate relief pending a                            Empire petition for waiver. The FTC
                                                  heating equipment. Empire seeks to use                  determination of the petition for waiver.             staff did not have any objections to
                                                  the test method proposed by DOE in a                    See 10 CFR 430.27(e)(2). DOE                          granting a waiver to Empire.
                                                  NOPR for Direct Heating Equipment and                   determined that Empire’s Application                  IV. Conclusion
                                                  Pool Heaters published in the Federal                   for Interim Waiver did not provide
                                                  Register on October 24, 2013 (78 FR                     sufficient market, equipment price,                      After careful consideration of all the
                                                  63410) (hereinafter the ‘‘October 2013                  shipments, and other manufacturer                     material that was submitted by Empire
                                                  NOPR’’), as an alternate test procedure                 impact information to permit DOE to                   and consultation with the FTC staff, it
                                                  to account for the energy consumption                   evaluate the economic hardship Empire                 is ordered that:
                                                  of its condensing-type DHE models.                      might experience absent a favorable                      (1) The Petition for Waiver submitted
                                                  That notice, in relevant part, defines the              determination on its Application for                  by the Empire Comfort Systems, Inc.
                                                  term ‘‘condensing vented heater’’ and                   Interim Waiver. DOE understands,                      (Case No. VHE–002) is hereby granted as
                                                  provides a method for testing these                     however, that absent an interim waiver,               set forth in the paragraphs below.
                                                  devices.                                                the basic model submitted by Empire                      (2) Empire shall be required to test
                                                    DOE notes that of the eight basic                     that qualifies as a covered product could             and rate the following basic model
                                                  model numbers set forth in Empire’s                     not be tested and rated for energy                    (condensing vented heater):
                                                                                                          consumption on a basis representative                    PVS (18,35) (K)(N)(P) according to the
                                                  petition, only one (PVS (18, 35)
                                                                                                          of its true energy consumption                        alternate test procedure set forth in
                                                  (K)(N)(P)) qualifies as a covered DHE
                                                                                                          characteristics. It is in the public                  paragraph (3) below.
                                                  product. The remaining seven basic                                                                               (3) Empire shall not be required to test
                                                  models (which are fireplaces, fireplace                 interest to have similar products tested
                                                                                                          and rated for energy consumption on a                 the products listed in paragraph (2)
                                                  inserts, or stoves) are hearth products                                                                       above according to the test procedure
                                                  and are, therefore, subject to neither the              comparable basis, where possible.
                                                                                                          Furthermore, DOE determined that                      for residential vented home heating
                                                  test procedure requirements of 10 CFR                                                                         equipment set forth in 10 CFR part 430,
                                                  part 430, subpart B, appendix O nor the                 Empire is likely to succeed on the
                                                                                                          merits of its Petition for Waiver and that            subpart B, appendix O, but instead shall
                                                  proposed requirements of the October                                                                          use as the amended test procedure as set
                                                  2013 NOPR.4 Therefore, DOE has                          it is desirable for public policy reasons
                                                                                                          to grant immediate relief. Empire                     forth in the final rule published in the
                                                  considered only one of the basic models                                                                       Federal Register on January 6, 2015 (80
                                                  submitted in the petition for waiver. For               requested to use the test method
                                                                                                          proposed by DOE in the October 2013                   FR 792).
                                                  the remaining basic models, since                                                                                (4) Representations. Empire may make
                                                  testing of hearth products is not                       NOPR as an alternate test procedure to
                                                                                                          account for the energy consumption of                 representations about the energy use of
                                                  required under DOE regulations at this                                                                        its condensing-type DHE models for
                                                  time, there is no need to consider a                    its condensing-type direct heating
                                                                                                          equipment models; that notice, in                     compliance, marketing, or other
                                                  waiver for such models. However, if                                                                           purposes only to the extent that such
                                                  Empire chooses to conduct testing to                    relevant part, defines the term
                                                                                                          ‘‘condensing vented heater’’ and                      products have been tested in accordance
                                                  make representations regarding the                                                                            with the provisions outlined above and
                                                  energy efficiency of these products, the                provides a method for testing these
                                                                                                          devices, thereby providing a suitable                 such representations fairly disclose the
                                                  company is free to use any test                                                                               results of such testing.
                                                  procedure it deems appropriate.                         vehicle for testing these products and
                                                                                                          making representations as to their                       (5) This waiver shall terminate on July
                                                    Empire also requested an interim                                                                            6, 2015, consistent with the provisions
                                                  waiver from the existing DOE test                       energy efficiency. For the reasons stated
                                                                                                          above, DOE granted Empire’s                           of 10 CFR 430.27(h)(2).
                                                  procedure, which DOE granted. See 79                                                                             (6) This waiver is issued on the
                                                                                                          Application for Interim Waiver from
                                                                                                          testing of its condensing-type vented gas             condition that the statements,
                                                  published a notice of re-opening of the public
                                                  comment period in the Federal Register (77 FR           heater system. 79 FR 18536, 18537–38                  representations, and documentary
                                                  5001) with the comment period ending on March           (April 2, 2014).                                      materials provided by the petitioner are
                                                  2, 2012. DOE received no comments during the               DOE did not receive any comments on                valid. DOE may revoke or modify this
                                                  initial petition for waiver comment period nor          the Empire petition published in the                  waiver at any time if it determines the
                                                  during the re-opening of the public comment
                                                  period. In the January 20, 2014 request, Empire         Federal Register on April 2, 2014 (79 FR              factual basis underlying the Petition for
                                                  stated that the list of models in the original waiver   18536).                                               Waiver is incorrect, or the results from
                                                  submitted to DOE on July 21, 2011 is no longer             Under this Decision and Order,                     the alternate test procedure are
                                                  accurate and is superseded by its latter petition.      Empire shall be required to test and rate             unrepresentative of the basic model’s
                                                  Thus, DOE has withdrawn the petition under Case
                                                  No. VHE–001.
                                                                                                          its condensing-type direct heating                    true energy consumption characteristics.
                                                     4 On February 8, 2013, the U.S. Court of Appeals     equipment (DHE) models using the DOE                     (7) This waiver is granted for only
                                                  for the District of Columbia Circuit (D.C. Circuit)     Final Rule test procedure for DHE                     those models specifically set out in
                                                  issued a decision vacating the DOE definition of        published in the Federal Register on                  Empire’s January 20, 2014 Petition for
                                                  ‘‘Vented hearth heater’’ at 10 CFR 430.2, and
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                                                                                                          January 6, 2015 (80 FR 792). The                      Waiver, not future models that may be
                                                  remanded the issue to DOE to interpret the
                                                  challenged provisions consistent with the court’s
                                                                                                          effective date of this rule was February              manufactured by Empire. Empire may
                                                  opinion. Hearth, Patio & Barbecue Association v.        5, 2015 and compliance will be                        submit a new or amended Petition for
                                                  U.S. Department of Energy, 706 F.3d 499, 509 (D.C.      mandatory starting July 6, 2015. DOE                  Waiver and Application for Grant of
                                                  Cir. 2013). Since that time, DOE has published a        feels that the use of the Final Rule test             Interim Waiver, as appropriate, for
                                                  proposed coverage determination that would
                                                  classify all hearth products as a new covered
                                                                                                          procedure will utilize the most up-to-                additional residential vented home
                                                  product pursuant to 42 U.S.C. 6292(a)(20) and (b).      date test method and be able to compare               heating equipment models for which it
                                                  78 FR 79638 (Dec. 31, 2013).                            similar products to help inform the                   seeks a waiver from the DOE test


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                                                  16004                        Federal Register / Vol. 80, No. 58 / Thursday, March 26, 2015 / Notices

                                                  procedure. Grant of this waiver also                    DC 20585; Fax: 202–586–0971; or email                 information unless it displays a
                                                  does not release Empire from the                        at: eva.auman@hq.doe.gov.                             currently valid OMB control number.
                                                  certification requirements set forth at 10              SUPPLEMENTARY INFORMATION: This                       DATES: Additional comments may be
                                                  CFR part 429.                                           information collection request contains:              submitted on or before April 27, 2015.
                                                    Issued in Washington, DC, on March 20,                (1) OMB No. 1910–5143; (2) Information                ADDRESSES: Submit your comments,
                                                  2015.                                                   Collection Request Title: Labor Relations             referencing Docket ID Number EPA–
                                                  Kathleen B. Hogan,                                      Report; (3) Type of Request: three-year               HQ–OECA–2014–0055, to (1) EPA
                                                  Deputy Assistant Secretary for Energy                   extension with minor change due to                    online using www.regulations.gov (our
                                                  Efficiency, Energy Efficiency and Renewable             new electronic reporting system; (4)                  preferred method), by email to
                                                  Energy.                                                 Purpose: To obtain information from the               docket.oeca@epa.gov, or by mail to: EPA
                                                  [FR Doc. 2015–06922 Filed 3–25–15; 8:45 am]             Department of Energy Management and                   Docket Center, Environmental
                                                  BILLING CODE 6450–01–P
                                                                                                          Operation and Facilities Management                   Protection Agency, Mail Code 28221T,
                                                                                                          Contractors for management oversight                  1200 Pennsylvania Ave. NW.,
                                                                                                          and cost control; (5) Annual Estimated                Washington, DC 20460, and (2) OMB via
                                                  DEPARTMENT OF ENERGY                                    Number of Respondents: 35; (6) Annual                 email to oira_submission@omb.eop.gov.
                                                                                                          Estimated Number of Total Responses:                  Address comments to OMB Desk Officer
                                                  Agency Information Collection                           35; (7) Annual Estimated Number of                    for EPA.
                                                  Extension                                               Burden Hours: 193; (8) Annual                            EPA’s policy is that all comments
                                                                                                          Estimated Reporting and Recordkeeping                 received will be included in the public
                                                        U.S. Department of Energy.
                                                  AGENCY:                                                 Cost Burden: $0.00 annually.                          docket without change including any
                                                        Notice and request for
                                                  ACTION:                                                   Statutory Authority: 42 U.S.C. 7254, 7256.          personal information provided, unless
                                                  comments.                                                                                                     the comment includes profanity, threats,
                                                                                                            Issued in Washington, DC, on March 20,              information claimed to be Confidential
                                                  SUMMARY:    The Department of Energy                    2015.
                                                                                                                                                                Business Information (CBI) or other
                                                  (DOE), pursuant to the Paperwork                        Jean S. Stucky,
                                                                                                                                                                information whose disclosure is
                                                  Reduction Act of 1995, intends to                       Assistant General Counsel for Labor and               restricted by statute.
                                                  extend for three years, an information                  Pension Law, Office of the General Counsel.
                                                                                                                                                                FOR FURTHER INFORMATION CONTACT:
                                                  collection request with the Office of                   [FR Doc. 2015–06920 Filed 3–25–15; 8:45 am]
                                                                                                                                                                Patrick Yellin, Monitoring, Assistance,
                                                  Management and Budget (OMB).                            BILLING CODE 6450–01–P
                                                                                                                                                                and Media Programs Division, Office of
                                                  Comments are invited on: (a) Whether                                                                          Compliance, Mail Code 2227A,
                                                  the extended collection of information                                                                        Environmental Protection Agency, 1200
                                                  is necessary for the proper performance                 ENVIRONMENTAL PROTECTION                              Pennsylvania Ave. NW., Washington,
                                                  of the functions of the agency, including               AGENCY                                                DC 20460; telephone number: (202)
                                                  whether the information shall have                      [EPA–HQ–OECA–2014–0055; FRL–9924–                     564–2970; fax number: (202) 564–0050;
                                                  practical utility; (b) the accuracy of the              46–OEI]                                               email address: yellin.patrick@epa.gov.
                                                  agency’s estimate of the burden of the                                                                        SUPPLEMENTARY INFORMATION:
                                                  proposed collection of information,                     Information Collection Request                        Supporting documents, which explain
                                                  including the validity of the                           Submitted to OMB for Review and                       in detail the information that the EPA
                                                  methodology and assumptions used; (c)                   Approval; Comment Request; NESHAP                     will be collecting, are available in the
                                                  ways to enhance the quality, utility, and               for the Secondary Lead Smelter                        public docket for this ICR. The docket
                                                  clarity of the information to be                        Industry (Renewal)                                    can be viewed online at
                                                  collected; and (d) ways to minimize the                                                                       www.regulations.gov or in person at the
                                                  burden of the collection of information                 AGENCY: Environmental Protection
                                                                                                          Agency (EPA).                                         EPA Docket Center, EPA West, Room
                                                  on respondents, including through the                                                                         3334, 1301 Constitution Ave. NW.,
                                                  use of automated collection techniques                  ACTION: Notice.
                                                                                                                                                                Washington, DC. The telephone number
                                                  or other forms of information                           SUMMARY:   The Environmental Protection               for the Docket Center is 202–566–1744.
                                                  technology.                                             Agency (EPA) has submitted an                         For additional information about EPA’s
                                                  DATES:  Comments regarding this                         information collection request (ICR),                 public docket, visit http://www.epa.gov/
                                                  proposed information collection must                    ‘‘NESHAP for the Secondary Lead                       dockets.
                                                  be received on or before May 26, 2015.                  Smelter Industry (Renewal)’’ (EPA ICR                    Abstract: This standard applies to
                                                  If you anticipate difficulty in submitting              No. 1686.10, OMB Control No. 2060–                    owners and operators of secondary lead
                                                  comments within that period, contact                    0296) to the Office of Management and                 smelter industry facilities. The
                                                  the person listed below as soon as                      Budget (OMB) for review and approval                  provisions of this subpart apply to
                                                  possible.                                               in accordance with the Paperwork                      secondary lead smelters that use blast,
                                                                                                          Reduction Act (44 U.S.C. 3501 et seq.).               reverberatory, rotary, or electric
                                                  ADDRESSES:   Written comments may be                    This is a proposed extension of the ICR,              smelting furnaces to recover lead metal
                                                  sent to: Eva Auman, GC–63, Department                   which is currently approved through                   from scrap lead, primarily from used
                                                  of Energy, 1000 Independence Ave.                       March 31, 2015. Public comments were                  lead-acid automotive-type batteries.
                                                  SW., Washington, DC 20585; Fax: 202–                    previously requested via the Federal                  Consistent with the NESHAP General
                                                  586–0971; or email at: eva.auman@hq.                    Register (79 FR 30117) on May 27, 2014                Provisions (40 CFR part 63, subpart A),
                                                  doe.gov.
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                                                                                                          during a 60-day comment period. This                  owners and operators must comply with
                                                  FOR FURTHER INFORMATION CONTACT:                        notice allows for an additional 30 days               recordkeeping, monitoring and
                                                  Requests for additional information or                  for public comments. A fuller                         reporting requirements including
                                                  copies of the information collection                    description of the ICR is given below,                control device parameter monitoring,
                                                  instrument and instructions should be                   including its estimated burden and cost               conduct performance tests and
                                                  directed to Eva Auman, GC–63,                           to the public. An Agency may not                      submittal of initial and periodic reports
                                                  Department of Energy, 1000                              conduct or sponsor and a person is not                such as semiannual compliance reports
                                                  Independence Ave. SW., Washington,                      required to respond to a collection of                and an operation, maintenance and


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Document Created: 2015-12-18 11:46:52
Document Modified: 2015-12-18 11:46:52
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionDecision and Order.
DatesThis Decision and Order is effective March 26, 2015. The waiver granted in this Decision and Order shall terminate on July 6, 2015.
ContactMr. Bryan Berringer, U.S. Department of Energy, Building Technologies Office, Mailstop EE-5B, 1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202) 586-0371. Email: [email protected]
FR Citation80 FR 16001 

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