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This correction is effective May 2, 2011. The technical corrections to Sec. Sec. 429.12 through 429.54 are effective July 5, 2011.
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AGENCY:
Office of Energy Efficiency and Renewable Energy, Department of Energy.
ACTION:
Final rule; technical correction.
SUMMARY:
This document contains technical corrections to the final rule regarding certification, compliance, and enforcement regulations that was published on March 7, 2011. In that final rule, the U.S. Department of Energy (DOE) adopted regulations that provided for sampling plans used in determining compliance with existing standards, manufacturer submission of compliance statements and certification reports to DOE, maintenance of compliance records by manufacturers, and the availability of enforcement actions for improper certification or noncompliance with an applicable standard. Due to drafting error, language was inadvertently deleted from the rule and certain provisions contained erroneous internal cross references.
DATES:
This correction is effective May 2, 2011. The technical corrections to §§ 429.12 through 429.54 are effective July 5, 2011.
The corrections to § 429.70, Appendix A to Subpart B of Part 429, Appendix C to Subpart C of Part 429, Appendix A1 to Subpart B of Part 430, and Appendix B1 to Subpart B of Part 430 are effective as of May 2, 2011.
The corrections to Appendix A to Subpart B of Part 430 and Appendix B to Subpart B of Part 430 are effective November 28, 2011.
FOR FURTHER INFORMATION CONTACT:
Ms. Ashley Armstrong, 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: 202-586-6590. E-mail:
Ashley.Armstrong@ee.doe.gov; and Ms. Laura Barhydt, U.S. Department of Energy, Office of the General Counsel, Forrestal Building, GC-32, 1000 Independence Avenue, SW., Washington, DC 20585. Telephone: 202-287-6122. E-mail:
Laura.Barhydt@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On March 7, 2011, the U.S. Department of Energy's (DOE) Office of Energy Efficiency and Renewable Energy (EERE) published a final rule titled ” Energy Conservation Program: Certification, Compliance, and Enforcement for Consumer Products and Commercial and Industrial Equipment.” 76 FR 12421. Since the publication of that rule, it has come to DOE's attention that, due to a technical oversight, certain parts of the final regulation were inadvertently deleted by the rule. Additionally, several sections of the regulatory text have internal referencing errors.
II. Need for Correction
In FR Doc. 2011-3146, beginning on page 12421 in the
Federal Register
of Monday, March 7, 2011, the following corrections are made:
1. On page 12453, in the second column, correct § 429.12, General requirements applicable to certification reports, paragraph (a), to read as follows:
(a)
Certification.
Each manufacturer, before distributing in commerce any basic model of a covered product or covered equipment subject to an applicable energy conservation standard set forth in parts 430 or 431, and annually thereafter on or before the dates provided in paragraph (d) of this section, shall submit a certification report to DOE certifying that each basic model meets the applicable energy conservation standard(s). The certification report(s) must be submitted to DOE in accordance with the submission procedures of paragraph (h) of this section.
4. On page 12457, correct the reference to “Appendix D” to “Appendix A” in paragraph (a)(2)(i)(A)(2), and on page 12458, correct the reference to “Appendix D” to “Appendix A” in paragraph (a)(2)(i)(B)(2) to read as follows:
7. On page 12464, correct the reference to “Appendix D” to “Appendix A” in paragraph (a)(2)(i)(B), and on page 12465, correct the reference to “Appendix D” to “Appendix A” in paragraph (a)(2)(ii)(B) to read as follows:
8. On page 12465, correct the reference to “Appendix D” to “Appendix A” in paragraph (a)(2)(i)(B), and on page 12466, correct the reference to “Appendix D” to “Appendix A” in paragraph (a)(2)(ii)(B) to read as follows:
9. On page 12466, correct the reference to “Appendix D” to “Appendix A” in paragraph (a)(2)(i)(B), and on page 12467, correct the reference to “Appendix D” to “Appendix A” in paragraph (a)(2)(ii)(B) to read as follows:
10. On page 12467, correct the reference to “Appendix D” to “Appendix A” in paragraph (a)(2)(i)(A)(2), and on page 12468, correct the reference to “Appendix D” to “Appendix A” in paragraph (a)(2)(i)(B)(2) to read as follows:
11. On page 12468, correct the reference to “Appendix D” to “Appendix A” in paragraph (a)(2)(i)(B), and on page 12469, correct the reference to “Appendix D” to “Appendix A” in paragraph (a)(2)(ii)(B) to read as follows:
16. On page 12473, correct the reference to “Appendix D” to “Appendix A” in paragraph (a)(2)(ii), and add at the end of the last sentence in paragraph (b)(3) “, 7.4.4(a)”.
(ii) The upper 95 percent confidence limit (UCL) of the true mean divided by 1.05, where:
* * * * *
(b) * * *
(3) Pursuant to § 429.12(b)(13), a certification report shall include the following additional product-specific information: A declaration that the showerhead meets the requirements of ASME/ANSI A112.18.1M-1996, 7.4.4(a).
19. On page 12474, correct the reference to “Appendix D” to “Appendix A” in paragraph (a)(2)(i)(B), and on page 12475, correct the reference to “Appendix D” to “Appendix A” in paragraph (a)(2)(ii)(B) to read as follows:
21. On page 12476, correct the reference to “Appendix D” to “Appendix A” in paragraph (a)(2)(i)(B), and on page 12477, correct the reference to “Appendix D” to “Appendix A” in paragraph (a)(2)(ii)(B) to read as follows:
22. On page 12477, correct the reference to “Appendix D” to “Appendix A” in paragraph (a)(2)(i)(B), and on page 12478, correct the reference to “Appendix D” to “Appendix A” in paragraph (a)(2)(ii)(B) to read as follows:
25. On page 12480, correct the reference to “Appendix D” to “Appendix A” in paragraph (a)(2)(i)(B), and on page 12481, correct the reference to “Appendix D” to “Appendix A” in paragraph (a)(2)(ii)(B) to read as follows:
27. On page 12483, correct the reference to “Appendix D” to “Appendix A” in paragraph (a)(2)(i)(B), and on page 12484, correct the reference to “Appendix D” to “Appendix A” in paragraph (a)(2)(ii)(B) to read as follows:
28. On page 12484, correct the reference to “Appendix D” to “Appendix A” in paragraph (a)(2)(i)(B), and on page 12485, correct the reference to “Appendix D” to “Appendix A” in paragraph (a)(2)(ii)(B) to read as follows:
29. On page 12485, correct the reference to “Appendix D” to “Appendix A” in paragraph (a)(2)(i)(B), and on page 12486, correct the reference to “Appendix D” to “Appendix A” in paragraph (a)(2)(ii)(B) to read as follows:
a. In paragraph (d)(2)(ii) by correcting the reference to “§ 429.42” to read “§ 429.47”; and
b. In paragraphs (d)(2)(iii) and (d)(2)(iv) by correcting the references to “(c)(2)(i)” to read “(d)(2)(i)”, and by correcting the references to “(c)(2)(ii)” to read “(d)(2)(ii)”.
PART 430—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS
3. The authority citation for Part 430 continues to read as follows:
4. In Appendix A1 to subpart B of part 430, revise introductory paragraph 5.1 to read as follows:
Appendix A1 to Subpart B of Part 430—Uniform Test Method for Measuring the Energy Consumption of Electric Refrigerators and Electric Regrigerator-Freezers
* * * * *
5.
Test Measurements
5.1 Temperature Measurements. Temperature measurements shall be made at the locations prescribed in Figures 7.1 and 7.2 of HRF-1-1979 (incorporated by reference; see § 430.3) and shall be accurate to within ± 0.5 °F (0.3 °C). No freezer temperature measurements need be taken in an all-refrigerator model. If the interior arrangements of the cabinet do not conform with those shown in Figure 7.1 and 7.2 of HRF-1-1979, the product may be tested by relocating the temperature sensors from the locations specified in the figures to avoid interference with hardware or components within the cabinet, in which case the specific locations used for the temperature sensors shall be noted in the test data records maintained by the manufacturer in accordance with 10 CFR 429.14, and the certification report shall indicate that non-standard sensor locations were used.
5.1.1 Measured Temperature. The measured temperature of a compartment is to be the average of all sensor temperature readings taken in that compartment at a particular time. Measurements shall be taken at regular intervals not to exceed four minutes.
5.1.2 Compartment Temperature. The compartment temperature for each test period shall be an average of the measured temperatures taken in a compartment during one or more complete compressor cycles. One compressor cycle is one complete motor “on” and one complete motor “off” period. For long-time automatic defrost models, compartment temperatures shall be those measured in the first part of the test period specified in section 4.2.1. For models with variable defrost controls, compartment temperatures shall be those measured in the first part of the test period specified in section 4.2.2.
5.1.2.1 The number of complete compressor cycles over which the measured temperatures in a compartment are to be averaged to determine compartment temperature shall be equal to the number of minutes between measured temperature readings, rounded up to the next whole minute or a number of complete compressor cycles over a time period exceeding 1 hour, whichever is greater. One of the compressor cycles shall be the last complete compressor cycle during the test period.
5.1.2.2 If no compressor cycling occurs, the compartment temperature shall be the average of the measured temperatures taken during the last 32 minutes of the test period.
5.1.2.3 If incomplete compressor cycling occurs, the compartment temperatures shall be the average of the measured temperatures taken during the last three hours of the last complete compressor “on” period.
5.1.3 Fresh Food Compartment Temperature. The fresh food compartment temperature shall be calculated as:
( printed page 24782)
Where:
R is the total number of applicable fresh food compartments, which include the first fresh food compartment and any number of separate auxiliary fresh food compartments (including separate auxiliary convertible compartments tested as fresh food compartments in accordance with section 2.7);
TRi
is the compartment temperature of fresh food compartment “i” determined in accordance with section 5.1.2; and
VRi
is the volume of fresh food compartment “i”.
5.1.4 Freezer Compartment Temperature. The freezer compartment temperature shall be calculated as:
Where:
F is the total number of applicable freezer compartments, which include the first freezer compartment and any number of separate auxiliary freezer compartments (including separate auxiliary convertible compartments tested as freezer compartments in accordance with section 2.7);
TFi
is the compartment temperature of freezer compartment “i” determined in accordance with section 5.1.2; and
VFi
is the volume of freezer compartment “i”.
* * * * *
Appendix B1 [Corrected]
5. In Appendix B1 to subpart B of part 430, revise introductory paragraph 5.1 to read as follows:
Appendix B1 to Subpart B of Part 430—Uniform Test Method for Measuring the Energy Consumption of Freezers
* * * * *
5. Test Measurements
5.1 Temperature Measurements. Temperature measurements shall be made at the locations prescribed in Figure 7.2 of HRF-1-1979 (incorporated by reference; see § 430.3) and shall be accurate to within ± 0.5 °F (0.3 °C). If the interior arrangements of the cabinet do not conform with those shown in Figure 7.2 of HRF-1-1979, the product may be tested by relocating the temperature sensors from the locations specified in the figures to avoid interference with hardware or components within the cabinet, in which case the specific locations used for the temperature sensors shall be noted in the test data records maintained by the manufacturer in accordance with 10 CFR 429.14, and the certification report shall indicate that non-standard sensor locations were used.
5.1.1 Measured Temperature. The measured temperature is to be the average of all sensor temperature readings taken at a particular time. Measurements shall be taken at regular intervals not to exceed four minutes.
5.1.2 Compartment Temperature. The compartment temperature for each test period shall be an average of the measured temperatures taken during one or more complete compressor cycles. One compressor cycle is one complete motor “on” and one complete motor “off” period. For long-time automatic defrost models, compartment temperature shall be that measured in the first part of the test period specified in 4.2.1. For models equipped with variable defrost controls, compartment temperatures shall be those measured in the first part of the test period specified in 4.2.2.
5.1.2.1 The number of complete compressor motor cycles over which the measured temperatures in a compartment are to be averaged to determine compartment temperature shall be equal to the number of minutes between measured temperature readings rounded up to the next whole minute or a number of complete cycles over a time period exceeding one hour. One of the compressor cycles shall be the last complete compressor cycle during the test period before start of the defrost control sequence for products with automatic defrost.
5.1.2.2 If no compressor motor cycling occurs, the compartment temperature shall be the average of the measured temperatures taken during the last thirty-two minutes of the test period.
5.1.2.3 If incomplete cycling occurs (less than one compressor cycle), the compartment temperature shall be the average of all readings taken during the last 3 hours of the last complete compressor “on” period.
5.1.3 Freezer Compartment Temperature. The freezer compartment temperature shall be calculated as:
Where:
F is the total number of applicable freezer compartments, which include the first freezer compartment and any number of separate auxiliary freezer compartments;
TFi
is the compartment temperature of freezer compartment “i” determined in accordance with section 5.1.2; and
VFi
is the volume of freezer compartment “i”.
* * * * *
Issued in Washington, DC, on April 22, 2011.
Kathleen Hogan,
Deputy Assistant Secretary for Energy Efficiency, Office of Technology Development, Energy Efficiency and Renewable Energy.