80 FR 37953 - Energy Conservation Program for Consumer Products and Certain Commercial and Industrial Equipment: Test Procedures for Residential and Commercial Water Heaters; Correction

DEPARTMENT OF ENERGY

Federal Register Volume 80, Issue 127 (July 2, 2015)

Page Range		37953-37954
FR Document		2015-16342

On July 11, 2014, the U.S. Department of Energy published a final rule amending the test procedures for consumer water heaters and certain commercial water heaters. This correction addresses an error in one of the amendatory instructions for the regulatory text. Neither the error nor the correction in this document affects the substance of the rulemaking or any of the conclusions reached in support of the final rule.

Federal Register, Volume 80 Issue 127 (Thursday, July 2, 2015)

[Federal Register Volume 80, Number 127 (Thursday, July 2, 2015)]
[Rules and Regulations]
[Pages 37953-37954]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-16342]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

10 CFR Part 430

[Docket No. EERE-2011-BT-TP-0042]
RIN 1904-AC53


Energy Conservation Program for Consumer Products and Certain 
Commercial and Industrial Equipment: Test Procedures for Residential 
and Commercial Water Heaters; Correction

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

ACTION: Final rule; correction.

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

SUMMARY: On July 11, 2014, the U.S. Department of Energy published a 
final rule amending the test procedures for consumer water heaters and 
certain commercial water heaters. This correction addresses an error in 
one of the amendatory instructions for the regulatory text. Neither the 
error nor the correction in this document affects the substance of the 
rulemaking or any of the conclusions reached in support of the final 
rule.

DATES: Effective July 13, 2015.

FOR FURTHER INFORMATION CONTACT: Ms. Ashley Armstrong, U.S. Department 
of Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies Program, Mailstop EE-5B, 1000 Independence Avenue SW., 
Washington, DC 20585-0121. Telephone: (202) 586-6590. Email: 
Ashley.Armstrong@ee.doe.gov.
    Mr. Eric Stas, U.S. Department of Energy, Office of the General 
Counsel, GC-33, 1000 Independence Avenue SW., Washington, DC 20585-
0121. Telephone: (202) 586-9507. Email: Eric.Stas@hq.doe.gov.

SUPPLEMENTARY INFORMATION: The U.S. Department of Energy (DOE) 
published a final rule in the Federal Register on July 11, 2014 (``the 
July 2014 final rule''), amending the test procedures for consumer and 
certain commercial water heaters. 79 FR 40542. In the rule, DOE 
incorporated by reference the American Society for Testing and 
Materials (ASTM) D2156-09, ``Standard Test Method for Smoke Density in 
Flue Gases from Burning Distillate Fuels,'' at 10 CFR 430.3(h)(1) for 
use in 10 CFR part 430, subpart B, Appendix E. The effective date for 
this rule is July 13, 2015.
    On January 6, 2015, DOE published a final rule in the Federal 
Register (``the January 2015 final rule'') amending the test procedures 
for direct heating equipment and pool heaters. 80 FR 792. The January 
2015 final rule incorporated by reference the same industry standard, 
ASTM D2156-09, at 10 CFR 430.3(i)(1) for use in 10 CFR part 430, 
subpart B, Appendix O. The effective date for this rule was February 5, 
2015.
    The July 2014 final rule instruction to incorporate by reference 
ASTM D2156-09 at 10 CFR 430.3(h)(1) conflicts with the January 2015 
final rule instruction to incorporate by reference ASTM D2156-09 at 10 
CFR 430.3(i)(1). The instruction in the July 2014 final rule would be 
in error if implemented as written, because it would needlessly 
duplicate the incorporation by reference of ASTM D2156-09, which was 
already incorporated by reference by the January 2015 final rule.
    Amendatory instruction 8 on page 40567 of the Federal Register in 
the July 2014 final rule at 79 FR 40542 is, therefore, corrected to 
modify 10 CFR 430.3 to incorporate by reference ASTM D2156-09 for use 
in both Appendix E and Appendix O to subpart B. DOE notes that ASTM 
D2156-09 has already been approved for incorporation by reference for 
Appendix E (79 FR 40542) and Appendix O (80 FR 792), and, therefore, no 
additional action is necessary. The effective date of the July 2014 
final rule at 79 FR 40542 remains July 13, 2015.

Correction

    In FR Doc. 2014-15656 appearing on page 40542 in the issue of 
Friday, July 11, 2014, the following correction is made:


Sec.  430.3  [Corrected]

    On page 40567, second column, Sec.  430.3, amendatory instruction 
8, is corrected to read as follows (and the text for paragraph (h) is 
removed):


Sec.  430.3  [Amended]

0
8. In Sec.  430.3, amend paragraph (i)(1) by removing the phrase 
``appendix O'' and adding in its place the phrase ``appendices E and 
O''.


[[Page 37954]]


    Issued in Washington, DC, on June 25, 2015.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.
[FR Doc. 2015-16342 Filed 7-1-15; 8:45 am]
BILLING CODE 6450-01-P

Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Rules and Regulations 37953

(2) Beef or ovine meat from Uruguay allows periodic on-site evaluation and heaters. 79 FR 40542. In the rule, DOE
derived from animals that have been subsequent inspection of its facilities, incorporated by reference the American
born, raised, and slaughtered in records, and operations by an APHIS Society for Testing and Materials
Uruguay. representative. (ASTM) D2156–09, ‘‘Standard Test
(b) Foot-and-mouth disease has not (Approved by the Office of Management Method for Smoke Density in Flue
been diagnosed in the exporting region and Budget under control numbers 0579– Gases from Burning Distillate Fuels,’’ at
of Argentina (for beef from Argentina), 0372, 0579–0414, and 0579–0428) 10 CFR 430.3(h)(1) for use in 10 CFR
the exporting region of Brazil (for beef part 430, subpart B, Appendix E. The
Done in Washington, DC, this 26th day of
from Brazil), or in Uruguay (for beef or June 2015. effective date for this rule is July 13,
ovine meat from Uruguay) within the 2015.
Gary Woodward,
previous 12 months. On January 6, 2015, DOE published a
(c) The meat comes from bovines or Deputy Under Secretary for Marketing and
Regulatory Programs. final rule in the Federal Register (‘‘the
sheep that originated from premises January 2015 final rule’’) amending the
where foot-and-mouth disease has not [FR Doc. 2015–16335 Filed 7–1–15; 8:45 am]
test procedures for direct heating
been present during the lifetime of any BILLING CODE 3410–34–P
equipment and pool heaters. 80 FR 792.
bovines and sheep slaughtered for the The January 2015 final rule
export of beef and ovine meat to the incorporated by reference the same
United States. DEPARTMENT OF ENERGY industry standard, ASTM D2156–09, at
(d) The meat comes from bovines or 10 CFR 430.3(i)(1) for use in 10 CFR part
sheep that were moved directly from the 10 CFR Part 430
430, subpart B, Appendix O. The
premises of origin to the slaughtering [Docket No. EERE–2011–BT–TP–0042] effective date for this rule was February
establishment without any contact with 5, 2015.
other animals. RIN 1904–AC53
The July 2014 final rule instruction to
(e) The meat comes from bovines or
Energy Conservation Program for incorporate by reference ASTM D2156–
sheep that received ante-mortem and
Consumer Products and Certain 09 at 10 CFR 430.3(h)(1) conflicts with
post-mortem veterinary inspections,
Commercial and Industrial Equipment: the January 2015 final rule instruction
paying particular attention to the head
Test Procedures for Residential and to incorporate by reference ASTM
and feet, at the slaughtering
Commercial Water Heaters; Correction D2156–09 at 10 CFR 430.3(i)(1). The
establishment, with no evidence found
instruction in the July 2014 final rule
of vesicular disease. AGENCY: Office of Energy Efficiency and
(f) The meat consists only of bovine would be in error if implemented as
Renewable Energy, Department of written, because it would needlessly
parts or ovine parts that are, by standard Energy.
practice, part of the animal’s carcass duplicate the incorporation by reference
ACTION: Final rule; correction. of ASTM D2156–09, which was already
that is placed in a chiller for maturation
after slaughter and before removal of incorporated by reference by the January
SUMMARY: On July 11, 2014, the U.S.
any bone, blood clots, or lymphoid 2015 final rule.
Department of Energy published a final
tissue. The bovine and ovine parts that rule amending the test procedures for Amendatory instruction 8 on page
may not be imported include all parts of consumer water heaters and certain 40567 of the Federal Register in the July
the head, feet, hump, hooves, and commercial water heaters. This 2014 final rule at 79 FR 40542 is,
internal organs. correction addresses an error in one of therefore, corrected to modify 10 CFR
(g) All bone and visually identifiable the amendatory instructions for the 430.3 to incorporate by reference ASTM
blood clots and lymphoid tissue have regulatory text. Neither the error nor the D2156–09 for use in both Appendix E
been removed from the meat. correction in this document affects the and Appendix O to subpart B. DOE
(h) The meat has not been in contact substance of the rulemaking or any of notes that ASTM D2156–09 has already
with meat from regions other than those the conclusions reached in support of been approved for incorporation by
listed in § 94.1(a). the final rule. reference for Appendix E (79 FR 40542)
(i) The meat came from bovine and Appendix O (80 FR 792), and,
DATES: Effective July 13, 2015.
carcasses that were allowed to maturate therefore, no additional action is
at 40 to 50 °F (4 to 10 °C) for a minimum FOR FURTHER INFORMATION CONTACT: Ms. necessary. The effective date of the July
of 24 hours after slaughter and that Ashley Armstrong, U.S. Department of 2014 final rule at 79 FR 40542 remains
reached a pH below 6.0 in the loin Energy, Office of Energy Efficiency and July 13, 2015.
muscle at the end of the maturation Renewable Energy, Building
Technologies Program, Mailstop EE–5B, Correction
period. Measurements for pH must be
taken at the middle of both longissimus 1000 Independence Avenue SW., In FR Doc. 2014–15656 appearing on
dorsi muscles. Any carcass in which the Washington, DC 20585–0121. page 40542 in the issue of Friday, July
pH does not reach less than 6.0 may be Telephone: (202) 586–6590. Email: 11, 2014, the following correction is
allowed to maturate an additional 24 Ashley.Armstrong@ee.doe.gov. made:
hours and be retested, and, if the carcass Mr. Eric Stas, U.S. Department of
Energy, Office of the General Counsel, § 430.3 [Corrected]
still has not reached a pH of less than
asabaliauskas on DSK5VPTVN1PROD with FRONTMATTER

6.0 after 48 hours, the meat from the GC–33, 1000 Independence Avenue On page 40567, second column,
carcass may not be exported to the SW., Washington, DC 20585–0121. § 430.3, amendatory instruction 8, is
United States. Telephone: (202) 586–9507. Email: corrected to read as follows (and the text
(j) An authorized veterinary official of Eric.Stas@hq.doe.gov. for paragraph (h) is removed):
the government of the exporting region SUPPLEMENTARY INFORMATION: The U.S.
§ 430.3 [Amended]
certifies on the foreign meat inspection Department of Energy (DOE) published
certificate that the above conditions a final rule in the Federal Register on ■ 8. In § 430.3, amend paragraph (i)(1)
have been met. July 11, 2014 (‘‘the July 2014 final by removing the phrase ‘‘appendix O’’
(k) The establishment in which the rule’’), amending the test procedures for and adding in its place the phrase
bovines and sheep are slaughtered consumer and certain commercial water ‘‘appendices E and O’’.

VerDate Sep<11>2014 23:22 Jul 01, 2015 Jkt 235001 PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 E:\FR\FM\02JYR1.SGM 02JYR1

37954 Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Rules and Regulations

Issued in Washington, DC, on June 25, documents/materials, is available for D. Review Under the National
2015. review at regulations.gov. All Environmental Policy Act of 1969
Kathleen B. Hogan, documents in the docket are listed in E. Review Under Executive Order 13132
the regulations.gov index. However, F. Review Under Executive Order 12988
Deputy Assistant Secretary for Energy
G. Review Under the Unfunded Mandates
Efficiency, Energy Efficiency and Renewable some documents listed in the index, Reform Act of 1995
Energy. such as those containing information H. Review Under the Treasury and General
[FR Doc. 2015–16342 Filed 7–1–15; 8:45 am] that is exempt from public disclosure, Government Appropriations Act, 1999
BILLING CODE 6450–01–P may not be publicly available. I. Review Under Executive Order 12630
A link to the docket Web page can be J. Review Under Treasury and General
found at: http://www.regulations.gov/ Government Appropriations Act, 2001
DEPARTMENT OF ENERGY #!docketDetail;D=EERE-2012-BT-TP- K. Review Under Executive Order 13211
0013 . This Web page will contain a link L. Review Under Section 32 of the Federal
10 CFR Part 430 to the docket for this notice on the Energy Administration Act of 1974
regulations.gov site. The regulations.gov M. Congressional Notification
[Docket No. EERE–2012–BT–TP–0013] N. Approval of the Office of the Secretary
Web page will contain simple
RIN 1904–AC71 instructions on how to access all I. Authority and Background
documents, including public comments,
Energy Conservation Program: Test Title III of the Energy Policy and
in the docket.
Procedures for Conventional Ovens For further information on how to Conservation Act of 1975 (42 U.S.C.
review the docket, contact Ms. Brenda 6291, et seq.; ‘‘EPCA’’ or, ‘‘the Act’’) sets
AGENCY: Office of Energy Efficiency and forth a variety of provisions designed to
Renewable Energy, Department of Edwards at (202) 586–2945 or by email:
Brenda.Edwards@ee.doe.gov. improve energy efficiency. (All
Energy. references to EPCA refer to the statute
ACTION: Final rule. FOR FURTHER INFORMATION CONTACT:
Ms. Ashley Armstrong, U.S. as amended through the Energy
Department of Energy, Office of Energy Efficiency Improvement Act of 2015,
SUMMARY: On December 3, 2014, the Public Law 114–11 (Apr. 30, 2015). Part
U.S. Department of Energy (DOE) issued Efficiency and Renewable Energy,
Building Technologies Office, EE–2J, B of Title III, which for editorial reasons
a supplemental notice of proposed was redesignated as Part A upon
rulemaking (SNOPR) to amend the test 1000 Independence Avenue SW.,
Washington, DC, 20585–0121. incorporation into the U.S. Code (42
procedures for conventional cooking U.S.C. 6291–6309, as codified),
products. The oven-related procedures Telephone: (202) 586–6590. Email:
ashley.armstrong@ee.doe.gov. establishes the ‘‘Energy Conservation
proposed in that rulemaking serve as the Program for Consumer Products Other
basis for this final rule. As part of the Ms. Celia Sher, U.S. Department of
Energy, Office of the General Counsel, Than Automobiles.’’ These include
SNOPR, DOE proposed to incorporate cooking products,1 and specifically
methods for measuring conventional GC–33, 1000 Independence Avenue
SW., Washington, DC, 20585–0121. consumer conventional ovens, the
oven volume, clarified that the existing subject of this document. (42 U.S.C.
oven test block must be used to test all Telephone: (202) 287–6122. Email:
Celia.Sher@hq.doe.gov. 6292(a)(10))
ovens regardless of input rate, and Under EPCA, the energy conservation
proposed a method to measure the SUPPLEMENTARY INFORMATION: This final
program consists essentially of four
energy consumption of conventional rule incorporates by reference into part
parts: (1) Testing, (2) labeling, (3)
ovens equipped with an oven separator. 430 the following industry standard:
AHAM OV–1–2011, (‘‘AHAM OV– Federal energy conservation standards,
Additionally, DOE proposed technical and (4) certification and enforcement
corrections to the units of measurement 1’’), Procedures for the Determination
and Expression of the Volume of procedures. The testing requirements
in certain calculations. This final rule consist of test procedures that
amends the current procedure to Household Microwave and
Conventional Ovens, (2011). manufacturers of covered products must
include the proposed changes listed use as the basis for (1) certifying to DOE
above, as well as clarifications to certain Copies of AHAM standard can be
purchased from the Association of that their products comply with the
definitions, that will take effect 30 days applicable energy conservation
after the final rule publication date. Home Appliance Manufacturers, 1111
19th Street NW., Suite 402, Washington standards adopted under EPCA, and (2)
These changes will be mandatory for making representations about the
product testing to demonstrate DC 20036, 202–872–5955, or
www.aham.org. efficiency of those products. Similarly,
compliance with any new or amended DOE must use these test procedures to
energy conservation standards when This AHAM standard is discussed
further in section III.D. determine whether the products comply
they take effect and for representations with any relevant standards
of the energy consumption of Table of Contents promulgated under EPCA.
conventional ovens starting 180 days I. Authority and Background
after publication. A. General Test Procedure Rulemaking A. General Test Procedure Rulemaking
DATES: The effective date of this rule is Process Process
August 3, 2015. The final rule changes B. Test Procedures for Cooking Products
Under 42 U.S.C. 6293, EPCA sets forth
C. The January 2013 NOPR
asabaliauskas on DSK5VPTVN1PROD with FRONTMATTER

will be mandatory for product testing D. The December 2014 SNOPR the criteria and procedures DOE must
starting December 29, 2015. The E. Conventional Cooking Top Active Mode
incorporation by reference of certain Test Procedures 1 DOE’s regulations define kitchen ranges and

publications listed in this rule was II. Summary of the Final Rule ovens, or ‘‘cooking products’’, as one of the
III. Discussion following classes: Conventional ranges,
approved by the Director of the Federal conventional cooking tops, conventional ovens,
Register as of August 3, 2015. IV. Procedural Issues and Regulatory Review microwave ovens, microwave/conventional ranges
A. Review Under Executive Order 12866 and other cooking products. (10 CFR 430.2) Based
ADDRESSES: The docket, which includes B. Review Under the Regulatory Flexibility on this definition, DOE interprets kitchen ranges
Federal Register notices, public meeting Act and ovens to refer more generally to all types of
attendee lists and transcripts, C. Review Under the Paperwork Reduction cooking products including, for example,
comments, and other supporting Act of 1995 microwave ovens.

VerDate Sep<11>2014 23:22 Jul 01, 2015 Jkt 235001 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 E:\FR\FM\02JYR1.SGM 02JYR1

Document Created: 2015-12-15 13:15:45
Document Modified: 2015-12-15 13:15:45

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule; correction.
Dates		Effective July 13, 2015.
Contact		Ms. Ashley Armstrong, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Program, Mailstop EE-5B, 1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202) 586-6590. Email: [email protected]
FR Citation		80 FR 37953
RIN Number		1904-AC53