Unknown. Notice of petitions for extension of compliance date and Decision and Order granting petitions

4,407 words·~20 min read·/register/2011/03/31/2011-7579

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--- schema: federal-register doc_type: fedreg source_file: FR-2011-03-31.xml --- 76 62 Thursday, March 31, 2011 Contents Actuaries, Joint Board for Enrollment See Joint Board for Enrollment of Actuaries Agency Health Agency for Healthcare Research and Quality NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17864-17867 2011-7430 2011-7443 Agency Toxic Agency for Toxic Substances and Disease Registry NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 17867-17869 2011-7580 Agriculture Agriculture Department See Forest Service Army Army Department NOTICES Intents to License Government-Owned Inventions, 17840-17841 2011-7618 Interim Change to Military Freight Traffic Unified Rules Publication (MFTURP) No. 1, 17841 2011-7620 Record of Decision for the Realignment, Growth, and Stationing of Army Aviation Assets, 17841-17842 2011-7507 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 17869-17870 2011-7578 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Medicare and Medicaid Programs: Quarterly Listing of Program Issuances—October through December 2010, 17870-17927 2011-7373 Civil Rights Civil Rights Commission NOTICES Meetings; Sunshine Act, 17818-17819 2011-7765 Coast Guard Coast Guard RULES Protection for Whistleblowers in the Coast Guard, 17782 2011-7642 Security Zones: Passenger Vessels, Sector Southeastern New England Captain of the Port Zone, 17782-17784 2011-7640 Commerce Commerce Department See Economic Analysis Bureau See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Commodity Futures Commodity Futures Trading Commission NOTICES Meetings;

Sunshine Act, 17839-17840 2011-7703 2011-7704 2011-7705 2011-7706 2011-7709 Defense Department Defense Department See Army Department Drug Drug Enforcement Administration RULES Control of Ergocristine as a List I Chemical, 17778-17781 2011-7548 NOTICES Importer of Controlled Substances, 17967-17968 2011-7537 2011-7542 2011-7544 2011-7545 Manufacturer of Controlled Substances, 17968-17969 2011-7539 2011-7540 Manufacturers of Controlled Substances; Registrations: Cerilliant Corp., Round Rock, TX, 17969-17970 2011-7547 Economic Analysis Bureau Economic Analysis Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Direct Investment Surveys; Annual Survey of Foreign Direct Investment in United States, 17819 2011-7530 Education Education Department NOTICES Applications for New Awards: Credit Enhancement for Charter School Facilities Program; Correction, 17842-17843 2011-7636 Intent To Compromise Claim Against the District of Columbia Public Schools, 17843-17844 2011-7638 Employment and Training Employment and Training Administration NOTICES Funding Opportunities and Solicitations for Grant Applications:

Young Parents Demonstration, 17970 2011-7556 Energy Department Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission RULES Energy Conservation Program for Consumer Products; Compliance Date Extensions: Residential Furnaces and Boilers Test Procedure Amendments, 17755-17757 2011-7579 NOTICES Environmental Impact Statements; Availability, etc.: Topaz Solar Farm, San Luis Obispo County, CA, Proposed Federal Loan Guarantee to Support Construction and Start-up, 17844-17846 2011-7583 Energy Efficiency Energy Efficiency and Renewable Energy Office NOTICES Objective Merit Review Procedures:

Discretionary Financial Assistance and Other Transaction Authority Applications, 17846-17850 2011-7581 Environmental Protection Environmental Protection Agency PROPOSED RULES Approval and Promulgation of Implementation Plans: New York Reasonable Further Progress Plans, Emissions Inventories, Contingency Measures and Motor Vehicle Emissions Budgets, 17801-17808 2011-7631 NOTICES Project Waivers of Section 1605 (Buy American Requirement) of 2009 American Recovery and Reinvestment Act:

City of Amarillo, TX, 17857-17858 2011-7606 DeSoto Parish Waterworks District 1, Louisiana, 17855-17857 2011-7602 Executive Office of the President See Trade Representative, Office of United States Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Bombardier, Inc. Model BD-100-1A10 (Challenger 300) Airplanes, 17758-17761 2011-7296 Thielert Aircraft Engines GmbH Models TAE 125-01, TAE 125-02-99, and TAE 125-02-114 Reciprocating Engines, 17757-17758 2011-7293 NOTICES Waivers of Aeronautical Land-Use Assurance:

Capital Region International Airport, Lansing, MI, 17986-17987 2011-7599 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17859-17861 2011-7513 2011-7514 2011-7515 2011-7523 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Qualitative Feedback on Agency Service Delivery, Generic Clearance, 17861-17862 2011-7512 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 17850-17855 2011-7561 2011-7563 2011-7564 2011-7565 2011-7566 2011-7567 Records Governing Off-the-Record Communications, 17855 2011-7562 Federal Maritime Federal Maritime Commission NOTICES Ocean Transportation Intermediary Licenses;

Applicants, 17862-17863 2011-7488 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of Bank or Bank Holding Company, 17863 2011-7610 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 17863 2011-7611 Food and Drug Food and Drug Administration RULES Animal Drugs, Feeds, and Related Products; Withdrawals of Approvals of New Animal Drugs: Chorionic Gonadotropin; Cuprimyxin; Diethylcarbamazine; Levamisole; Nitrofurazone;

Phenylbutazone, etc., 17776-17778 2011-7560 NOTICES Withdrawals of Approvals; New Animal Drug Applications: Chorionic Gonadotropin; Cuprimyxin; Diethylcarbamazine; Levamisole; Nitrofurazone; Phenylbutazone, etc., 17927-17928 2011-7558 Foreign Assets Foreign Assets Control Office NOTICES Supplemental Identification Information of One Individual Designated Pursuant to Executive Order 13224, 17987-17988 2011-7627 Forest Forest Service NOTICES Meetings: Huron-Manistee Resource Advisory Committee, 17817 2011-7574 North Central Idaho Resource Advisory Committee, 17817 2011-7081 Southern Montana Resource Advisory Committee, 17817-17818 2011-7575 Umatilla National Forest, Columbia County Resource, 17818 2011-7576 Umatilla National Forest, Southeast Washington Resource Advisory Committee, 17818 2011-7570 Geological Geological Survey NOTICES Strengthening Scientific Understanding of Climate Change Impacts on Freshwater Resources of U.S., 17962-17963 2011-7615 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Agency for Toxic Substances and Disease Registry See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration Homeland Homeland Security Department See Coast Guard See U.S.

Immigration and Customs Enforcement NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Infrastructure Protection Data Call, 17934-17935 2011-7597 Infrastructure Protection Data Call Survey, 17933-17934 2011-7593 Protected Critical Infrastructure Information Stakeholder Survey, 17935-17936 2011-7595 Housing Housing and Urban Development Department NOTICES FHA PowerSaver Home Energy Retrofit Loan Pilot Program, 17936-17951 2011-7551 Regulatory Waiver Requests Granted:

Fourth Quarter of Calendar Year 2010, 17951-17962 2011-7525 Indian Affairs Indian Affairs Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Job Placement and Training Services, 17963-17964 2011-7584 Home-living Programs and School Closure and Consolidation, 17964-17965 2011-7586 Meetings: Advisory Board for Exceptional Children, 17965 2011-7582 Interior Interior Department See Geological Survey See Indian Affairs Bureau Internal Revenue Internal Revenue Service RULES Guidance under Section 1502:

Amendment of Matching Rule for Certain Gains on Member Stock; Correction, 17781-17782 2011-7506 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17988-17989 2011-7508 2011-7522 2011-7529 2011-7531 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Regulation Project, 17991-17992 2011-7524 2011-7527 Information Reporting Program Advisory Committee; Nominations, 17992 2011-7528 Meetings: Area 1 Taxpayer Advocacy Panel, 17992-17993 2011-7520 Area 2 Taxpayer Advocacy Panel (Including States of Delaware, North Carolina, South Carolina, Maryland, etc.), 17993 2011-7549 Area 3 Taxpayer Advocacy Panel (Including States of Alabama, Georgia, Florida, Louisiana, Mississippi, Tennessee, and Puerto Rico), 17993 2011-7546 Area 4 Taxpayer Advocacy Panel (including the states of Illinois, Indiana, Kentucky, Michigan, Ohio, and Wisconsin), 17994 2011-7543 Area 5 Taxpayer Advocacy Panel (including the states of Arizona, Arkansas, Colorado, Kansas, New Mexico, Missouri, Oklahoma, and Texas), 17994 2011-7541 Area 6 Taxpayer Advocacy Panel (including the states of, Idaho, Iowa, Minnesota, Montana, Nebraska, North Dakota, Oregon, South Dakota, Utah, Washington, and Wyoming), 17994 2011-7538 Area 7 Taxpayer Advocacy Panel (including the states of Alaska, California, Hawaii, and Nevada), 17994-17995 2011-7535 Taxpayer Advocacy Panel Earned Income Tax Credit Project Committee, 17995 2011-7532 Taxpayer Advocacy Panel Joint Committee, 17996 2011-7533 Taxpayer Advocacy Panel Notice Improvement Project Committee, 17993 2011-7534 Taxpayer Advocacy Panel Small Business/Self Employed Correspondence Exam Practitioner Engagement Project Committee, 17995-17996 2011-7510 Taxpayer Advocacy Panel Small Business/Self Employed Correspondence Exam Toll Free Project Committee, 17996 2011-7536 Taxpayer Advocacy Panel Tax Forms and Publications Project Committee, 17995 2011-7521 Taxpayer Advocacy Panel Taxpayer Assistance Center Project Committee, 17995 2011-7511 Taxpayer Advocacy Panel Volunteer Income Tax Assistance Project Committee, 17996-17997 2011-7519 Privacy Act;

Systems of Records, 17997-17998 2011-7629 Proposed Collection; Comment Request for Notice 2008-113: Correction, 17998-17999 2011-7552 International Trade Adm International Trade Administration NOTICES Antidumping Duty Administrative Reviews, Preliminary Results: Circular Welded Austenitic Stainless Pressure Pipe from People's Republic of China, 17819-17825 2011-7621 Antidumping Duty Administrative Reviews, Requests for Revocation in Part, and Deferrals of Administrative Reviews, 17825-17835 2011-7623 Antidumping Duty Administrative Reviews;

Extensions of Time Limits for Preliminary Results: Citric Acid and Certain Citrate Salts from People's Republic of China, 17835-17836 2011-7626 Antidumping Duty New Shipper Reviews: Certain Frozen Fish Fillets from Socialist Republic of Vietnam, 17837-17838 2011-7358 Certain Preserved Mushrooms from People's Republic of China, 17836-17837 2011-7619 International Trade Com International Trade Commission NOTICES Investigations; Determination to Review Final Determination of No Violation of Section 337, etc.:

Certain Mobile Telephones and Wireless Communication Devices Featuring Digital Cameras, and Components Thereof, 17965-17966 2011-7553 Meetings; Sunshine Act, 17966-17967 2011-7671 Joint Joint Board for Enrollment of Actuaries RULES Regulations Governing Performance of Actuarial Services under 1974 Employee Retirement Income Security Act, 17762-17776 2011-7573 NOTICES Meetings: Advisory Committee, 17967 2011-7518 Justice Department Justice Department See Drug Enforcement Administration Labor Department Labor Department See Employment and Training Administration National Highway National Highway Traffic Safety Administration PROPOSED RULES Final Vehicle Safety Rulemaking and Research Priority Plan 2011-2013, 17808 2011-7433 National Institute National Institute of Standards and Technology NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Usage of Elevators for Occupant Evacuation Questionnaire, 17838-17839 2011-7559 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 17928-17929 2011-7617 2011-7641 Eunice Kennedy Shriver National Institute of Child Health and Human Development, 17928-17929 2011-7643 National Cancer Institute, 17930-17931 2011-7634 2011-7637 National Human Genome Research Institute, 17930 2011-7625 National Institute of Allergy and Infectious Diseases, 17928 2011-7644 National Institute of Diabetes and Digestive and Kidney Diseases, 17929 2011-7639 National Institute on Aging, 17929-17930 2011-7635 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of Exclusive Economic Zone Off Alaska:

Pollock in Statistical Area 610 in Gulf of Alaska; Temporary Closure, 17793 2011-7614 Fisheries of Northeastern United States Spiny Dogfish Fishery; Annual Quota Harvested, 17788-17789 2011-7616 Fisheries of Northeastern United States: Atlantic Bluefish Fishery; 2011 Atlantic Bluefish Specifications; Regulatory Amendment, 17789-17793 2011-7630 PROPOSED RULES Fisheries in the Western Pacific: Mechanism for Specifying Annual Catch Limits and Accountability Measures, 17808-17811 2011-7622 Western Pacific Pelagic Fisheries:

Prohibiting Purse Seine Fishing in the U.S. EEZ Around Guam and the Northern Mariana Islands, etc., 17811-17816 2011-7633 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Northeast Region Permit Family of Forms, 17839 2011-7568 National Science National Science Foundation NOTICES Meetings; Sunshine Act, 17970 2011-7694 Nuclear Waste Technical Nuclear Waste Technical Review Board NOTICES Meetings: West Valley Demonstration Project, Amherst, NY, 17970-17971 2011-7447 Office of United States Trade Representative See Trade Representative, Office of United States Postal Service Postal Service RULES Forwarding and Return Service for Parcel Select Mailpieces, 17784-17787 2011-7405 Market Dominant Negotiated Service Agreement for First-Class Mail and Standard Mail, 17787-17788 2011-7403 PROPOSED RULES Post Office Organization and Administration:

Establishment, Classification, and Discontinuance, 17794-17801 2011-7555 Securities Securities and Exchange Commission NOTICES Applications for Deregistration, 17971-17972 2011-7516 Meetings; Sunshine Act, 17972-17973 2011-7731 Self-Regulatory Organizations; Proposed Rule Changes: C2 Options Exchange, Inc., 17973-17974 2011-7605 Chicago Board Options Exchange, Inc., 17974-17977 2011-7604 Social Social Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17977-17978 2011-7503 Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Emergency Clearance Request, 17978-17979 2011-7591 State Department State Department NOTICES Designations as Foreign Terrorist Organization: al-Aqsa Martyrs' Brigade, aka al-Aqsa Martyrs' Battalion, 17979 2011-7624 Grant Proposals, Requests, Bureau of Educational and Cultural Affairs: Timor-Leste and South Pacific Scholarship Programs, 17979-17985 2011-7628 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 17931-17933 2011-7577 Toxic Substances and Disease Registry Agency See Agency for Toxic Substances and Disease Registry Trade Representative Trade Representative, Office of United States NOTICES WTO Dispute Settlement Proceedings: Anti-Dumping Measures on Certain Frozen Warmwater Shrimp from China, 17985-17986 2011-7501 Transportation Department Transportation Department See Federal Aviation Administration See National Highway Traffic Safety Administration Treasury Treasury Department See Foreign Assets Control Office See Internal Revenue Service Immigration U.S.

Immigration and Customs Enforcement NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Secure Communities IDENT/IAFIS Interoperability State and Local Agency Assessment, 17936 2011-7550 Veteran Affairs Veterans Affairs Department NOTICES Meetings: Advisory Committee on Disability Compensation, 17999 2011-7588 Geriatrics and Gerontology Advisory Committee, 17999 2011-7589 Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 76 62 Thursday, March 31, 2011 Rules and Regulations DEPARTMENT OF ENERGY 10 CFR Part 430 [Docket Number EERE-2008-BT-TP-0020] RIN 1904-AB89 Energy Conservation Program for Consumer Products: Decision and Order Granting 180-Day Extension of Compliance Date for Residential Furnaces and Boilers Test Procedure Amendments AGENCY:

Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Notice of petitions for extension of compliance date and Decision and Order granting petitions. SUMMARY: This document announces receipt by the U.S. Department of Energy

(DOE)of 29 petitions from 27 manufacturers seeking a 180-day extension of the compliance date related to recent amendments to the DOE test procedure for residential furnaces and boilers to address the standby mode and off mode energy consumption of those products. The petitioners demonstrated that meeting the specified compliance date would impose an undue hardship. Accordingly, today's Decision and Order grants these petitions to extend the compliance date by the requested 180 days. DATES: This Decision and Order is effective March 31, 2011. For representation purposes, petitioners must comply with all applicable provisions of the amended DOE test procedure for residential furnaces and boilers starting on October 15, 2011. FOR FURTHER INFORMATION CONTACT: Dr. Michael G. Raymond, U.S. Department of Energy, Building Technologies Program, Mail Stop EE-2J, 1000 Independence Avenue, SW., Washington, DC 20585-0121. Telephone:

(202)586-9611. E-mail: *Michael.Raymond@ee.doe.gov* . Mr. Eric Stas, U.S. Department of Energy, Office of the General Counsel, GC-71, 1000 Independence Avenue, SW., Washington, DC 20585-0121. Telephone:

(202)586-9507. E-mail: *Eric.Stas@hq.doe.gov* . For information on how to access the docket or to view hard copies of the docket in the Resource Room, contact Ms. Brenda Edwards, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Program, EE-2J, 1000 Independence Avenue, SW., Washington, DC 20585-0121. Telephone:

(202)586-2945. E-mail: *Brenda.Edwards@ee.doe.gov* . SUPPLEMENTARY INFORMATION: I. Background and Authority Title III, Part B 1 of the Energy Policy and Conservation Act of 1975 (EPCA or the Act), Public Law 94-163 (42 U.S.C. 6291-6309, as codified) sets forth a variety of provisions designed to improve energy efficiency and established the Energy Conservation Program for Consumer Products Other Than Automobiles, 2 a program covering most major household appliances (collectively referred to as “covered products”), which includes the types of residential boilers and furnaces that are the subject of this notice. (42 U.S.C. 6292(a)(5)) Under the Act, this program consists essentially of three parts:

(1)Testing;

(2)labeling; and

(3)establishing Federal energy conservation standards. Of particular relevance here, the statute authorizes the Secretary of Energy to prescribe test procedures that are reasonably designed to produce results which measure energy efficiency, energy use, or estimated operating costs, and that are not unduly burdensome to conduct. (42 U.S.C. 6293(b)(3)) Under EPCA's testing requirements, manufacturers of covered products must use these test procedures as the basis for certifying to DOE that their products comply with applicable energy conservation standards adopted pursuant to EPCA and for representing the efficiency of those products. (42 U.S.C. 6293(c); 42 U.S.C. 6295(s)) 1 For editorial reasons, upon codification in the U.S. Code, Part B was redesignated Part A. 2 All references to EPCA refer to the statute as amended through the Energy Independence and Security Act of 2007, Public Law 110-140. Pursuant to the amendments to EPCA contained in section 310(3) of the Energy Independence and Security Act of 2007 (EISA 2007), any final rule for new or amended energy conservation standards promulgated after July 1, 2010 must address standby mode and off mode energy use. (42 U.S.C. 6295(gg)(3)) Specifically, when DOE adopts an energy conservation standard for a covered product after that date, it must, if justified by the criteria for adoption of standards under 42 U.S.C. 6295(o), incorporate standby mode and off mode energy use into a single standard, if feasible, or, if that is not feasible, adopt a separate standard for such energy use for that product. (42 U.S.C. 6295(gg)(3)(A)-(B)) Because the current energy conservation standard rulemaking for residential furnaces will be completed after July 1, 2010, DOE conducted a test procedure rulemaking for these products and published a final rule in the **Federal Register** on October 20, 2010 (the October 2010 final rule), which included methods for measuring standby mode and off mode energy consumption. 75 FR 64621. More specifically, this test procedure final rule included a standby mode and off mode metric, E so , and modified the calculation of annualized auxiliary electrical use (E ae ) for gas or oil-fired furnaces or boilers and annual electric energy consumption (E e ) for electric furnaces or boilers to account for standby mode and off mode power consumption. *Id.* at 64632. The test procedure for residential furnaces and boilers is contained in title 10 of the Code of Federal Regulations

(CFR)part 430, subpart B, appendix N. The statute mandates that 180 days after an amended or new test procedure is prescribed, no manufacturer, distributor, retailer, or private labeler may make any representation about a product with respect to energy use or efficiency unless that product has been tested in accordance with such amended or new test procedure and the representation fairly discloses the results of such testing. (42 U.S.C. 6293(c)(2)) However, if a petition is submitted at least 60 days prior to the end of the initial 180-day period, the Secretary may extend the 180-day period by up to an additional 180 days (but in no event for more than 180 days) with respect to that petitioner, if it is determined that complying with the requirements of 42 U.S.C. 6293(c)(2) would impose an undue hardship on the petitioner. (42 U.S.C. 6293(c)(3)) II. Petitions for Extension of Compliance Date Between February 14, 2011 and February 17, 2011, DOE received 29 petitions from 27 manufacturers 3 regarding the compliance date for the October 2010 test procedure final rule for residential furnaces and boilers. All of these petitions are available as part of Docket Number EERE-2008-BT-TP-0020. 4 Specifically, all but one petitioner requested that DOE extend the April 18, 2011 compliance date specified in the final rule by 180 days, arguing that compliance with the April 18, 2011 deadline would place an unnecessary burden upon each company. The remaining petitioner, Rheem Manufacturing Company, similarly requested DOE extend the compliance date; however, this company requested that the new compliance date be extended to end of the 2011 calendar year or by the maximum amount allowed by law, whichever is longer. The petitioners were:

(1)Adams Manufacturing Company;

(2)Allied Air Enterprises;

(3)Bard Manufacturing Co. Inc.;

(4)Boyertown Furnace;

(5)Carrier Corporation;

(6)Crown Boiler;

(7)De Dietrich Boilers;

(8)ECR International Inc.;

(9)Goodman Manufacturing Company;

(10)HTP Inc.;

(11)Johnson Controls Inc.;

(12)Laars Heating Systems Company;

(13)Lennox International Inc.;

(14)Lochinvar;

(15)Newmac Furnace Company;

(16)New Yorker Residential Heating Boilers;

(17)Nordyne;

(18)NY Thermal Inc.;

(19)Peerless Boilers Heat LLC;

(20)Raypak Inc.;

(21)Rheem Manufacturing Company;

(22)Slant/Fin;

(23)Thermo Products LLC;

(24)Trane;

(25)Triangle Tube;

(26)US Boiler Company; and

(27)Weil-McLain. All petitions were timely filed, in that they were submitted prior to 60 days before the end of the 180-day period specified in 42 U.S.C. 6293(c)(3). All 29 petitions were very similar in form and content, as discussed in further detail below. 3 Two manufacturers submitted two essentially identical petitions signed by different corporate officials. 4 The docket is available for review at *http://* www.regulations.gov, including **Federal Register** notices and other supporting documents/materials. All documents in the docket are listed in the *http://www.regulations.gov* index. However, not all documents listed in the index may be publicly available, such as information that is exempt from public disclosure. A link to the docket Web page can be found at: *http://www.regulations.gov/#!docketDetail;dct=FR+PR+N+O+SR;rpp=10;po=0;D=EERE-2008-BT-TP-0020* . The *http://www.regulations.gov* Web page contains simple instructions on how to access all documents in the docket. E ae is a measure of the electrical energy use of a gas or oil-fired furnace over a one-year period. The petitioners noted that the amended definition of E ae , which was redefined in the final rule to include E so , may be considered a representation of standby mode and off mode energy consumption now because it includes E so . However, because the final rule had focused on the E so descriptor itself and because manufacturers were under no obligation to publish results for E so by April 18, 2011, the petitioners only recently came to realize the indirect implications of the amended test procedure on the E ae metric, which is widely used in the industry. As a result, the petitioners all argued that under the current deadline the revisions to the E ae calculation to include E so would force the industry to either:

(1)Retest all of its basic models in two months; or

(2)remove the E ae listings from the AHRI product directory. On the first point, the petitioners asserted that it would be impracticable to conduct the requisite testing in the available time period, particularly given the substantial number of products to be tested and the limited capacity of facilities to conduct such testing. On the second point, the petitioners stated that the E ae listings are useful to customers, because many utilities and other third parties operate a variety of rebate programs and other programs predicated on the E ae descriptor. For this reason, the petitioners argued that removal of the listings would be undesirable for both manufacturers and consumers, potentially leading to confusion in the marketplace. Furthermore, the manufacturers would have to change all their product literature and Web sites where E ae is used by the current compliance date. In practice, manufacturers would have to communicate and explain the changes down their distribution chains to distributors, retailers and customers, and adjust inventory management and order systems. Because there is no requirement or reason to advertise E so at the present time, manufacturers argued these efforts would represent undue burden and unintended consequence of the October 2010 test procedure final rule. Additionally, all petitioners made the point that the amended DOE test procedure for residential furnaces and boilers contains provisions for measuring standby mode and off mode energy consumption that reference the first edition of the International Electrotechnical Commission

(IEC)Standard 62301, “Household electrical appliances—Measurement of standby power,” but that a draft second edition of that standard was issued on October 29, 2010, for a final approval vote. (DOE notes that IEC Standard 62301 (Second Edition) has been issued by the IEC with a final publication date of January 27, 2011.) According to the petitioners, granting the requested extension of the compliance date would allow DOE to update the relevant references in its test procedure, thereby ensuring that furnace and boiler manufacturers are not subject to procedures with obsolete references. Fourteen petitioners from 13 companies also expressed concern about the effects of the amended test procedure on the “e” descriptor. While not an official DOE descriptor, “e” is used by utility incentive programs and certain Federal agencies to identify electrically-efficient furnaces. The value for this descriptor is dependent on E ae, and because the October 2010 final rule's amendments to the DOE test procedure redefined E ae , the petitioners argued that some models may no longer be considered electrically efficient. According to these petitioners, the revisions appear to disproportionately affect the “e” value of units with lower input capacities, meaning that the required changes to this calculation are not readily apparent and will require more testing than originally anticipated. Therefore, the requested extension of the compliance date would provide additional time for adequate consideration of the ramification of the changes to the “e” descriptor. III. Summary and Conclusion Through today's notice, DOE announces receipt of petitions requesting a 180-day extension of the April 18, 2011 compliance date in the October 2010 furnace and boiler test procedure final rule from the following 27 companies:

(1)Adams Manufacturing Company;

(2)Allied Air Enterprises;

(3)Bard Manufacturing Co. Inc.;

(4)Boyertown Furnace;

(5)Carrier Corporation;

(6)Crown Boiler;

(7)De Dietrich Boilers;

(8)ECR International Inc.;

(9)Goodman Manufacturing Company;

(10)HTP Inc.;

(11)Johnson Controls Inc.;

(12)Laars Heating Systems Company;

(13)Lennox International Inc.;

(14)Lochinvar;

(15)Newmac Furnace Company;

(16)New Yorker Residential Heating Boilers;

(17)Nordyne;

(18)NY Thermal Inc.;

(19)Peerless Boilers Heat LLC;

(20)Raypak Inc.;

(21)Rheem Manufacturing Company;

(22)Slant/Fin;

(23)Thermo Products LLC;

(24)Trane;

(25)Triangle Tube;

(26)US Boiler Company; and

(27)Weil-McLain. The intent of the amended test procedure was to require manufacturers to test for standby mode and off mode power at this time only if they intended to publicize such information, and for the above-stated reasons regarding the volume of and limited time available for testing, DOE agrees that requiring all basic models to be retested before April 18, 2011, would place an undue burden upon the petitioners. Likewise, DOE does not believe that it would be appropriate to prevent the dissemination of representations regarding auxiliary electrical energy consumption of residential furnaces and boilers, because consumers may find such information beneficial. Furthermore, DOE agrees that a 180-day extension would not be expected to harm consumers or undermine the purpose of the final rule. For these reasons, and given that the petitioners fulfilled their obligations under 42 U.S.C. 6293(c)(3), DOE hereby issues this Decision and Order which grants the 27 petitioners above an extension of 180 days for compliance with the amended provisions of the furnaces and boilers test procedure final rule that was published in the **Federal Register** on October 20, 2010. Accordingly, the petitioners must meet a new compliance date of October 15, 2011. With respect to Rheem's request that DOE extend the compliance date to the end of the calendar year 2011, DOE reiterates that the maximum extension allowed by the statute is 180 days. As such, DOE denies Rheem's request. DOE notes that this extension does not release petitioners from the certification requirements set forth in 10 CFR 430.62. Issued in Washington, DC, on March 24, 2011. Kathleen Hogan, Deputy Assistant Secretary for Energy Efficiency, Office of Technology Development, Energy Efficiency and Renewable Energy. [FR Doc. 2011-7579 Filed 3-30-11; 8:45 am]

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