80 FR 51487 - Energy Conservation Program for Certain Commercial and Industrial Equipment: Proposed Determination of Natural Draft Commercial Packaged Boilers as Covered Industrial Equipment

DEPARTMENT OF ENERGY

Federal Register Volume 80, Issue 164 (August 25, 2015)

Page Range		51487-51488
FR Document		2015-20970

The U.S. Department of Energy (DOE) withdraws its August 13, 2013, notice of proposed determination that natural draft commercial packaged boilers meet the criteria for covered equipment under Part A-1 of Title III of the Energy Policy and Conservation Act of 1975 (EPCA), as amended. 78 FR 49202. DOE is taking this action after consideration of comments received in response to the notice of proposed determination and other relevant rulemakings that indicate a common and long-standing understanding from interested parties that natural draft commercial packaged boilers are and have been covered equipment under part A-1 of Title III of EPCA.

Federal Register, Volume 80 Issue 164 (Tuesday, August 25, 2015)

[Federal Register Volume 80, Number 164 (Tuesday, August 25, 2015)]
[Proposed Rules]
[Pages 51487-51488]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-20970]



[[Page 51487]]

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

DEPARTMENT OF ENERGY

10 CFR Part 431

[Docket Number EERE-2013-BT-STD-0030]
RIN 1904-AD01


Energy Conservation Program for Certain Commercial and Industrial 
Equipment: Proposed Determination of Natural Draft Commercial Packaged 
Boilers as Covered Industrial Equipment

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

ACTION: Proposed determination of coverage; withdrawal.

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

SUMMARY: The U.S. Department of Energy (DOE) withdraws its August 13, 
2013, notice of proposed determination that natural draft commercial 
packaged boilers meet the criteria for covered equipment under Part A-1 
of Title III of the Energy Policy and Conservation Act of 1975 (EPCA), 
as amended. 78 FR 49202. DOE is taking this action after consideration 
of comments received in response to the notice of proposed 
determination and other relevant rulemakings that indicate a common and 
long-standing understanding from interested parties that natural draft 
commercial packaged boilers are and have been covered equipment under 
part A-1 of Title III of EPCA.

DATES: The proposed determination is withdrawn August 25, 2015.

FOR FURTHER INFORMATION CONTACT:
    Mr. James Raba, U.S. Department of Energy, Office of Energy 
Efficiency and Renewable Energy, Building Technologies, EE-5B, 1000 
Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202) 
586-8654. Email: [email protected].
    Mr. Peter Cochran, U.S. Department of Energy, Office of the General 
Counsel, GC-33, 1000 Independence Avenue SW., Washington, DC 20585. 
Telephone: (202) 586-9496. Email: [email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Authority
II. Background
III. Discussion
IV. Approval of the Office of the Secretary

I. Authority

    Title III, Part C \1\ of the Energy Policy and Conservation Act of 
1975 (EPCA), Public Law 94-163, as amended, (42 U.S.C. 6311-6317, as 
codified), added by Public Law 95-619, Title IV, Sec.  441(a), 
established the Energy Conservation Program for Certain Industrial 
Equipment, which includes commercial packaged boilers.\2\ In addition 
to specifying a list of covered commercial and industrial equipment, 
EPCA contains provisions that enable the Secretary of Energy to 
classify additional types of commercial and industrial equipment as 
covered equipment. (42 U.S.C. 6311(1)(L))
---------------------------------------------------------------------------

    \1\ For editorial reasons, upon codification in the United 
States Code (U.S.C.), Part C was re-designated Part A-1.
    \2\ All references to EPCA in this document refer to the statute 
as amended through Energy Efficiency Improvement Act of 2015, Public 
Law 114-11 (April 30, 2015).
---------------------------------------------------------------------------

II. Background

    On August 13, 2013, the U.S. Department of Energy (DOE) published 
in the Federal Register a Notice of Proposed Determination (August 2013 
NOPD) to clarify that natural draft commercial packaged boilers are 
covered equipment under EPCA. 78 FR 49202. Under EPCA, ``the term 
`packaged boiler' means a boiler that is shipped complete with heating 
equipment, mechanical draft equipment, and automatic controls; usually 
shipped in one or more sections.'' (42 U.S.C. 6311(11)(B)) In the 
August 2013 NOPD, DOE sought to clarify its statutory authority to 
cover commercial packaged boilers that do not include mechanical draft 
equipment by proposing the following definition for natural draft 
commercial packaged boilers: The term ``natural draft commercial 
packaged boiler means a commercial packaged boiler designed to operate 
with negative pressure in the firebox and in the flue connection 
created by a chimney or the height of the unit itself, up to the draft 
control device. Such boilers do not require mechanical drafting 
equipment to vent combustion gases, but may include mechanical devices 
such as mechanical flue or stack dampers to limit the heat losses 
through the flue vent during off-cycle.'' 78 FR 49203. DOE also 
requested public comment on the proposed determination of coverage and 
proposed definition.
    In parallel, DOE initiated a rulemaking to amend the energy 
conservation standards for commercial packaged boilers. On September 3, 
2013, DOE published a notice of public meeting in the Federal Register 
that announced the availability of the framework document. 78 FR 54197. 
Subsequently, on November 20, 2014, DOE published another notice of 
public meeting (November 2014 NOPM) in the Federal Register that 
announced the availability of the preliminary analysis technical 
support document. 79 FR 69066. Both notices requested public comment 
from interested parties about various aspects of the rulemakings.

III. Discussion

    DOE received several written comments that are relevant to the 
coverage determination of natural draft commercial packaged boilers in 
response both to the August 2013 NOPD and the November 2014 NOPM.
    In response to the August 2013 NOPD, DOE received comments from the 
Air-Conditioning, Heating, and Refrigeration Institute (AHRI).
    AHRI stated that the long time practices of both industry and DOE 
make clear that natural draft commercial packaged boilers are covered 
equipment subject to the efficiency standards established in accordance 
with EPCA, noting that the minimum efficiency standards specified for 
commercial boilers have been applied to all commercial packaged boiler 
models, natural draft or otherwise, for the past 20 years. AHRI further 
noted that the minimum efficiency standards specified for commercial 
boilers in American Society of Heating, Refrigeration, and Air-
Conditioning Engineers (ASHRAE) Standard 90.1, ``Energy Standard for 
Buildings Except Low-Rise Residential Buildings'' (upon which the 
Federal standards are based) have been applied to all models since the 
first edition of the standard more than 35 years ago, and asserted that 
there should be no question that natural draft commercial packaged 
boilers are covered equipment subject to DOE's efficiency standards. 
Finally, AHRI suggested that if it is necessary to prevent ambiguity in 
the definition, DOE simply edit the definition to clarify that a 
commercial packaged boiler is shipped with mechanical draft equipment 
only if required, which AHRI asserted reflects the proper reading that 
the definition covers all types of boilers. (AHRI, No. 7 at pp. 1-2) 
\3\
---------------------------------------------------------------------------

    \3\ A notation in the form ``AHRI, No. 7 at pp. 1-2'' identifies 
a written comment: (1) Made by AHRI; (2) recorded as comment number 
7 in the docket of this rulemaking (Docket No. EERE-2013-BT-STD-
0030) and available for review at www.regulations.gov; and (3) which 
appears on pages 1 and 2 of comment number 7.
---------------------------------------------------------------------------

    In response to the November 2014 NOPM, DOE received comments from 
various interested parties, including

[[Page 51488]]

AHRI and Raypak Inc. Raypak argued that the industry has recognized, 
and there should be no question, that natural draft boilers have been 
covered under EPCA for many years. (Raypak, No. 35 at p. 2) AHRI 
commented that the minimum efficiency standards specified for 
commercial packaged boilers in EPCA have been applied to all models 
including natural draft for the past 20 years. AHRI also restated its 
position from previous comments (discussed above) that there should be 
no question that natural draft commercial packaged boilers are covered 
equipment subject to DOE's standards. (AHRI, No. 37 at p. 2)
    In summary, comments received from interested parties, both from 
the August 2013 NOPD and the November 2014 NOPM, support DOE's 
understanding that packaged boilers, as currently defined under EPCA, 
include natural draft packaged boilers. Therefore, DOE concludes that 
it is not necessary to publish a final coverage determination for 
natural draft commercial packaged boilers and is withdrawing its notice 
of proposed determination.

IV. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this withdrawal 
notice.

List of Subjects in 10 CFR Part 431

    Administrative practice and procedure, Confidential business 
information, Energy conservation, Reporting and recordkeeping 
requirements.

    Issued in Washington, DC, on August 14, 2015.
Kathleen B. Hogan,
Deputy Assistant Secretary Energy Efficiency and Renewable Energy.
[FR Doc. 2015-20970 Filed 8-24-15; 8:45 am]
BILLING CODE 6450-01-P

Federal Register / Vol. 80, No. 164 / Tuesday, August 25, 2015 / Proposed Rules 51487

DEPARTMENT OF ENERGY I. Authority announced the availability of the
Title III, Part C 1 of the Energy Policy framework document. 78 FR 54197.
10 CFR Part 431 and Conservation Act of 1975 (EPCA), Subsequently, on November 20, 2014,
Public Law 94–163, as amended, (42 DOE published another notice of public
[Docket Number EERE–2013–BT–STD– U.S.C. 6311–6317, as codified), added meeting (November 2014 NOPM) in the
0030] by Public Law 95–619, Title IV, § 441(a), Federal Register that announced the
established the Energy Conservation availability of the preliminary analysis
Program for Certain Industrial technical support document. 79 FR
RIN 1904–AD01
Equipment, which includes commercial 69066. Both notices requested public
Energy Conservation Program for packaged boilers.2 In addition to comment from interested parties about
Certain Commercial and Industrial specifying a list of covered commercial various aspects of the rulemakings.
Equipment: Proposed Determination of and industrial equipment, EPCA III. Discussion
Natural Draft Commercial Packaged contains provisions that enable the
DOE received several written
Boilers as Covered Industrial Secretary of Energy to classify
comments that are relevant to the
Equipment additional types of commercial and
coverage determination of natural draft
industrial equipment as covered
commercial packaged boilers in
AGENCY: Office of Energy Efficiency and equipment. (42 U.S.C. 6311(1)(L))
response both to the August 2013 NOPD
Renewable Energy, Department of II. Background and the November 2014 NOPM.
Energy. In response to the August 2013 NOPD,
On August 13, 2013, the U.S.
ACTION:Proposed determination of Department of Energy (DOE) published DOE received comments from the Air-
coverage; withdrawal. in the Federal Register a Notice of Conditioning, Heating, and Refrigeration
Proposed Determination (August 2013 Institute (AHRI).
SUMMARY: The U.S. Department of NOPD) to clarify that natural draft AHRI stated that the long time
Energy (DOE) withdraws its August 13, commercial packaged boilers are practices of both industry and DOE
2013, notice of proposed determination covered equipment under EPCA. 78 FR make clear that natural draft commercial
that natural draft commercial packaged 49202. Under EPCA, ‘‘the term packaged boilers are covered equipment
boilers meet the criteria for covered ‘packaged boiler’ means a boiler that is subject to the efficiency standards
equipment under Part A–1 of Title III of shipped complete with heating established in accordance with EPCA,
the Energy Policy and Conservation Act equipment, mechanical draft noting that the minimum efficiency
of 1975 (EPCA), as amended. 78 FR equipment, and automatic controls; standards specified for commercial
49202. DOE is taking this action after usually shipped in one or more boilers have been applied to all
consideration of comments received in sections.’’ (42 U.S.C. 6311(11)(B)) In the commercial packaged boiler models,
response to the notice of proposed August 2013 NOPD, DOE sought to natural draft or otherwise, for the past
determination and other relevant clarify its statutory authority to cover 20 years. AHRI further noted that the
rulemakings that indicate a common commercial packaged boilers that do not minimum efficiency standards specified
and long-standing understanding from include mechanical draft equipment by for commercial boilers in American
interested parties that natural draft proposing the following definition for Society of Heating, Refrigeration, and
commercial packaged boilers are and natural draft commercial packaged Air-Conditioning Engineers (ASHRAE)
have been covered equipment under boilers: The term ‘‘natural draft Standard 90.1, ‘‘Energy Standard for
part A–1 of Title III of EPCA. commercial packaged boiler means a Buildings Except Low-Rise Residential
commercial packaged boiler designed to Buildings’’ (upon which the Federal
DATES:The proposed determination is operate with negative pressure in the standards are based) have been applied
withdrawn August 25, 2015. firebox and in the flue connection to all models since the first edition of
FOR FURTHER INFORMATION CONTACT: created by a chimney or the height of the standard more than 35 years ago,
the unit itself, up to the draft control and asserted that there should be no
Mr. James Raba, U.S. Department of question that natural draft commercial
device. Such boilers do not require
Energy, Office of Energy Efficiency and packaged boilers are covered equipment
mechanical drafting equipment to vent
Renewable Energy, Building subject to DOE’s efficiency standards.
combustion gases, but may include
Technologies, EE–5B, 1000 Finally, AHRI suggested that if it is
mechanical devices such as mechanical
Independence Avenue SW., necessary to prevent ambiguity in the
flue or stack dampers to limit the heat
Washington, DC 20585–0121. losses through the flue vent during off- definition, DOE simply edit the
Telephone: (202) 586–8654. Email: cycle.’’ 78 FR 49203. DOE also definition to clarify that a commercial
commercial_packaged_boilers@ requested public comment on the packaged boiler is shipped with
ee.doe.gov. proposed determination of coverage and mechanical draft equipment only if
Mr. Peter Cochran, U.S. Department of proposed definition. required, which AHRI asserted reflects
Energy, Office of the General Counsel, In parallel, DOE initiated a the proper reading that the definition
GC–33, 1000 Independence Avenue rulemaking to amend the energy covers all types of boilers. (AHRI, No. 7
SW., Washington, DC 20585. Telephone: conservation standards for commercial at pp. 1–2) 3
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS

(202) 586–9496. Email: Peter.Cochran@ packaged boilers. On September 3, 2013, In response to the November 2014
hq.doe.gov. DOE published a notice of public NOPM, DOE received comments from
meeting in the Federal Register that various interested parties, including
SUPPLEMENTARY INFORMATION:
1 For editorial reasons, upon codification in the 3 A notation in the form ‘‘AHRI, No. 7 at pp.
Table of Contents
United States Code (U.S.C.), Part C was re- 1–2’’ identifies a written comment: (1) Made by
I. Authority designated Part A–1. AHRI; (2) recorded as comment number 7 in the
II. Background 2 All references to EPCA in this document refer docket of this rulemaking (Docket No. EERE–2013–
to the statute as amended through Energy Efficiency BT–STD–0030) and available for review at
III. Discussion Improvement Act of 2015, Public Law 114–11 www.regulations.gov; and (3) which appears on
IV. Approval of the Office of the Secretary (April 30, 2015). pages 1 and 2 of comment number 7.

VerDate Sep<11>2014 16:31 Aug 24, 2015 Jkt 235001 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\25AUP1.SGM 25AUP1

51488 Federal Register / Vol. 80, No. 164 / Tuesday, August 25, 2015 / Proposed Rules

AHRI and Raypak Inc. Raypak argued The Boeing Company Model 777–200 contains this proposed AD, the
that the industry has recognized, and series airplanes. This proposed AD was regulatory evaluation, any comments
there should be no question, that natural prompted by an evaluation by the received, and other information. The
draft boilers have been covered under design approval holder (DAH) street address for the Docket Office
EPCA for many years. (Raypak, No. 35 indicating that the skin lap splices at (phone: 800–647–5527) is in the
at p. 2) AHRI commented that the certain stringers in certain fuselage ADDRESSES section. Comments will be
minimum efficiency standards specified sections are subject to widespread available in the AD docket shortly after
for commercial packaged boilers in fatigue damage (WFD). This proposed receipt.
EPCA have been applied to all models AD would require inspections to detect FOR FURTHER INFORMATION CONTACT:
including natural draft for the past 20 cracking of fuselage skin lap splices in Haytham Alaidy, Aerospace Engineer,
years. AHRI also restated its position certain fuselage sections, and corrective Airframe Branch, ANM–120S, FAA,
from previous comments (discussed actions if necessary; modification of left- Seattle Aircraft Certification Office,
above) that there should be no question side and right-side lap splices; and post- 1601 Lind Avenue SW., Renton, WA
that natural draft commercial packaged modification repetitive inspections for 98057–3356; phone: 425–917–6573; fax:
boilers are covered equipment subject to cracks in the modified lap splices, and 425–917–6590; email: Haytham.Aaidy@
DOE’s standards. (AHRI, No. 37 at p. 2) corrective actions if necessary. We are faa.gov.
In summary, comments received from proposing this AD to detect and correct SUPPLEMENTARY INFORMATION:
interested parties, both from the August fatigue cracking of the skin lap splices,
2013 NOPD and the November 2014 and consequent risk of sudden Comments Invited
NOPM, support DOE’s understanding decompression and the inability to We invite you to send any written
that packaged boilers, as currently sustain limit flight and pressure loads. relevant data, views, or arguments about
defined under EPCA, include natural DATES: We must receive comments on this proposal. Send your comments to
draft packaged boilers. Therefore, DOE this proposed AD by October 9, 2015. an address listed under the ADDRESSES
concludes that it is not necessary to ADDRESSES: You may send comments, section. Include ‘‘Docket No. FAA–
publish a final coverage determination using the procedures found in 14 CFR 2015–3146; Directorate Identifier 2014–
for natural draft commercial packaged 11.43 and 11.45, by any of the following NM–249–AD’’ at the beginning of your
boilers and is withdrawing its notice of methods: comments. We specifically invite
proposed determination. • Federal eRulemaking Portal: Go to comments on the overall regulatory,
IV. Approval of the Office of the http://www.regulations.gov. Follow the economic, environmental, and energy
Secretary instructions for submitting comments. aspects of this proposed AD. We will
• Fax: 202–493–2251. consider all comments received by the
The Secretary of Energy has approved
• Mail: U.S. Department of closing date and may amend this
publication of this withdrawal notice. proposed AD because of those
Transportation, Docket Operations, M–
List of Subjects in 10 CFR Part 431 30, West Building Ground Floor, Room comments.
Administrative practice and W12–140, 1200 New Jersey Avenue SE., We will post all comments we
procedure, Confidential business Washington, DC 20590. receive, without change, to http://
information, Energy conservation, • Hand Delivery: Deliver to Mail www.regulations.gov, including any
Reporting and recordkeeping address above between 9 a.m. and 5 personal information you provide. We
requirements. p.m., Monday through Friday, except will also post a report summarizing each
Federal holidays. substantive verbal contact we receive
Issued in Washington, DC, on August 14, For service information identified in about this proposed AD.
2015. this proposed AD, contact Boeing
Kathleen B. Hogan, Discussion
Commercial Airplanes, Attention: Data
Deputy Assistant Secretary Energy Efficiency & Services Management, P.O. Box 3707, Structural fatigue damage is
and Renewable Energy. MC 2H–65, Seattle, WA 98124–2207; progressive. It begins as minute cracks,
[FR Doc. 2015–20970 Filed 8–24–15; 8:45 am] telephone 206–544–5000, extension 1; and those cracks grow under the action
BILLING CODE 6450–01–P fax 206–766–5680; Internet https:// of repeated stresses. This can happen
www.myboeingfleet.com. You may view because of normal operational
this referenced service information at conditions and design attributes, or
DEPARTMENT OF TRANSPORTATION the FAA, Transport Airplane because of isolated situations or
Directorate, 1601 Lind Avenue SW., incidents such as material defects, poor
Federal Aviation Administration Renton, WA. For information on the fabrication quality, or corrosion pits,
availability of this material at the FAA, dings, or scratches. Fatigue damage can
14 CFR Part 39 call 425–227–1221. It is also available occur locally, in small areas or
[Docket No. FAA–2015–3146; Directorate on the Internet at http:// structural design details, or globally.
Identifier 2014–NM–249–AD] www.regulations.gov by searching for Global fatigue damage is general
and locating Docket No. FAA–2015– degradation of large areas of structure
RIN 2120–AA64 3146. with similar structural details and stress
levels. Multiple-site damage is global
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS

Airworthiness Directives; The Boeing Examining the AD Docket damage that occurs in a large structural
Company Airplanes
You may examine the AD docket on element such as a single rivet line of a
AGENCY: Federal Aviation the Internet at http:// lap splice joining two large skin panels.
Administration (FAA), DOT. www.regulations.gov by searching for Global damage can also occur in
ACTION: Notice of proposed rulemaking and locating Docket No. FAA–2015– multiple elements such as adjacent
(NPRM). 3146; or in person at the Docket frames or stringers. Multiple-site-
Management Facility between 9 a.m. damage and multiple-element-damage
SUMMARY: We propose to adopt a new and 5 p.m., Monday through Friday, cracks are typically too small initially to
airworthiness directive (AD) for certain except Federal holidays. The AD docket be reliably detected with normal

VerDate Sep<11>2014 16:31 Aug 24, 2015 Jkt 235001 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\25AUP1.SGM 25AUP1

Document Created: 2018-02-23 11:02:35
Document Modified: 2018-02-23 11:02:35

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		Proposed Rules
Action		Proposed determination of coverage; withdrawal.
Dates		The proposed determination is withdrawn August 25, 2015.
Contact		Mr. James Raba, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies, EE-5B, 1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202) 586-8654. Email: [email protected]
FR Citation		80 FR 51487
RIN Number		1904-AD01
CFR Associated		Administrative Practice and Procedure; Confidential Business Information; Energy Conservation and Reporting and Recordkeeping Requirements