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Energy Conservation Program for Certain Industrial Equipment: Energy Conservation Standards and Test Procedures for Commercial Heating, Air-Conditioning, and Water-Heating Equipment; Correction
Effective: March 5, 2015. The incorporation by reference of certain publications listed in the rule was approved by the Director of the Federal Register as of July 16, 2012.
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Energy Conservation Program for Certain Industrial Equipment: Energy Conservation Standards and Test Procedures for Commercial Heating, Air-Conditioning, and Water-Heating Equipment; Correction
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Published Document: 2015-05061 (80 FR 11857)
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AGENCY:
Office of Energy Efficiency and Renewable Energy, Department of Energy.
ACTION:
Final rule; technical correction.
SUMMARY:
On May 16, 2012, the U.S. Department of Energy (DOE) published a final rule in the
Federal Register
that amended the energy conservation standards and test procedures for certain commercial heating, air-conditioning, and water-heating equipment. Due to a drafting error, there was a typographical error (
i.e.,
an incorrect symbol) for one equipment class of computer room air conditioners in a table to the applicable test procedure provision. This final rule rectifies this error.
DATES:
Effective:
March 5, 2015. The incorporation by reference of certain publications listed in the rule was approved by the Director of the Federal Register as of July 16, 2012.
FOR FURTHER INFORMATION CONTACT:
Ms. Ashley Armstrong, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Office, 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:
I. Background
On May 16, 2012, DOE's Office of Energy Efficiency and Renewable Energy published an energy conservation standards and test procedure final rule in the
Federal Register
titled, “Energy Conservation Standards and Test Procedures for Commercial Heating, Air-Conditioning, and Water-Heating Equipment” (hereafter referred to as the “May 2012 final rule”). 77 FR 28928. Since the publication of that final rule, it has come to DOE's attention that, due to a technical oversight, the May 2012 final rule incorrectly included a typographical error regarding the symbol for one equipment class of the subject computer room air conditioners, which made it appear that there was more than one entry for that equipment class in the table showing the compliance date for use of the applicable test procedure. This final rule corrects this error, thereby eliminating the duplicative listing.
II. Need for Correction
As published, the May 2012 final rule mischaracterizes one computer room air conditioner equipment class in the table showing the compliance date for use of the applicable test procedure. In the May 2012 final rule, Table 2 on page 28990 contains a typographical error in the third column (“Cooling capacity”) for the equipment type, Computer Room Air Conditioners. The entry for the second line, “<65,000 Btu/h and <760,000 Btu/h,” should be corrected to read “≥65,000 Btu/h and <760,000 Btu/h.” At no place in the May 2012 final rule did DOE discuss any intention to have two separate entries for computer room air conditioners <65,000 Btu/h in the test procedure, and DOE notes that this was a typographical error in the final rule as published in the
Federal Register
. Thus, the table has been corrected to eliminate this error. Accordingly, DOE finds that there is good cause under 5 U.S.C. 553(b)(B) to not issue a separate notice to solicit public comment on the changes contained in this document. Issuing a separate document to solicit public comment would be impractical, unnecessary, and contrary to the public interest.
III. Procedural Requirements
DOE has concluded that the determinations made pursuant to the various procedural requirements applicable to the May 16, 2012 energy conservation standards and test procedure final rule for certain commercial heating, air-conditioning, and water-heating equipment remain unchanged for this final rule technical correction. These determinations are set forth in the May 16, 2012 final rule. 77 FR 28928, 28983-86.