81_FR_36396 81 FR 36288 - Notice of Petition for Waiver of Raypak Inc. From the Department of Energy Commercial Water Heater Test Procedure

81 FR 36288 - Notice of Petition for Waiver of Raypak Inc. From the Department of Energy Commercial Water Heater Test Procedure

DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy

Federal Register Volume 81, Issue 108 (June 6, 2016)

Page Range36288-36295
FR Document2016-13252

This notice announces receipt of and publishes a petition for waiver from Raypak Inc. (Raypak) seeking an exemption from specified provisions applicable to standby loss of the U.S. Department of Energy (DOE) test procedure for commercial water heating equipment. The waiver request pertains to Raypak's specified models of commercial instantaneous water heaters containing 10 gallons or more of water. In its petition, Raypak contends that its specified water heater models that employ tube-type heat exchangers and are designed to be flow activated cannot be accurately tested using the currently applicable DOE test procedure. Consequently, Raypak seeks to use an alternate test procedure to address certain issues involved in testing the specific basic models identified in its petition. DOE solicits comments, data, and information concerning Raypak's petition and its suggested alternate test procedure.

Federal Register, Volume 81 Issue 108 (Monday, June 6, 2016)
[Federal Register Volume 81, Number 108 (Monday, June 6, 2016)]
[Notices]
[Pages 36288-36295]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-13252]


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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. WH-004]


Notice of Petition for Waiver of Raypak Inc. From the Department 
of Energy Commercial Water Heater Test Procedure

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

ACTION: Notice of petition for waiver and request for public comments.

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SUMMARY: This notice announces receipt of and publishes a petition for 
waiver from Raypak Inc. (Raypak) seeking an exemption from specified 
provisions applicable to standby loss of the U.S. Department of Energy 
(DOE) test procedure for commercial water heating equipment. The waiver 
request pertains to Raypak's specified models of commercial 
instantaneous water heaters containing 10 gallons or more of water. In 
its petition, Raypak contends that its specified water heater models 
that employ tube-type heat exchangers and are designed to be flow 
activated cannot be accurately tested using the currently applicable 
DOE test procedure. Consequently, Raypak seeks to use an alternate test 
procedure to address certain issues involved in testing the specific 
basic models identified in its petition. DOE solicits comments, data, 
and information concerning Raypak's petition and its suggested 
alternate test procedure.

DATES: DOE will accept comments, data, and information with respect to 
the Raypak Petition until July 6, 2016.

ADDRESSES: You may submit comments, identified by case number WH-004, 
by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Email: [email protected]. Include the case 
number [Case No. WH-004] in the subject line of the message. Submit 
electronic comments in WordPerfect, Microsoft Word, PDF, or ASCII file 
format, and avoid the use of special characters or any form of 
encryption.
     Postal Mail: Ms. Brenda Edwards, U.S. Department of 
Energy, Building Technologies Office, Mailstop EE-5B, Petition for 
Waiver Case No. WH-004, 1000 Independence Avenue SW., Washington, DC 
20585-0121. Telephone: (202) 586-2945. If possible, please submit all 
items on a compact disc (CD), in which case it is not necessary to 
include printed copies.

[[Page 36289]]

     Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department 
of Energy, Building Technologies Office, 950 L'Enfant Plaza SW., Suite 
600, Washington, DC 20024. If possible, please submit all items on a 
CD, in which case it is not necessary to include printed copies.
    Docket: The docket, which includes Federal Register notices, 
comments, and other supporting documents/materials, is available for 
review at www.regulations.gov. All documents in the docket are listed 
in the www.regulations.gov index. However, some documents listed in the 
index, such as those containing information that is exempt from public 
disclosure, may not be publicly available.
    For further information on how to submit a comment, or review other 
public comments and the docket, contact Ms. Brenda Edwards at (202) 
586-2945 or by email: [email protected].

FOR FURTHER INFORMATION CONTACT: 
Mr. Bryan Berringer, U.S. Department of Energy, Building Technologies 
Office, Mail Stop EE-5B, 1000 Independence Avenue SW., Washington, DC 
20585-0121. Telephone: (202) 586-0371. Email: 
[email protected].
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: [email protected].

    For information on how to submit or review public comments, contact 
Ms. Brenda Edwards, 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) 586-2945. Email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background and Authority

    Title III, Part C \1\ of the Energy Policy and Conservation Act of 
1975 (EPCA), Pub. L. 94-163 (42 U.S.C. 6311-6317, as codified), added 
by Pub. L. 95-619, established the Energy Conservation Program for 
Certain Industrial Equipment, which includes commercial water heaters, 
the focus of this notice.\2\ Part C specifically includes definitions 
(42 U.S.C. 6311), energy conservation standards (42 U.S.C 6313), test 
procedures (42 U.S.C. 6314), labeling provisions (42 U.S.C. 6315), and 
the authority to require information and reports from manufacturers. 
(42 U.S.C. 6316) With respect to test procedures, Part C authorizes the 
Secretary of Energy (the Secretary) to prescribe test procedures that 
are reasonably designed to produce results that measure energy 
efficiency, energy use, and estimated annual operating costs during a 
representative average-use cycle, and that are not unduly burdensome to 
conduct. (42 U.S.C. 6314(a)(2)) EPCA also directs DOE to consider 
amending the existing test procedure for each type of equipment listed 
each time the industry test procedure is amended for such equipment. 
(42 U.S.C. 6314(a)(4)) The test procedure for commercial water heaters 
is contained in the Code of Federal Regulations (CFR) at 10 CFR part 
431, subpart G.
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    \1\ For editorial reasons, upon codification in the U.S. Code, 
Part C was re-designated Part A-1.
    \2\ All references to EPCA in this document refer to the statute 
as amended through the Energy Efficiency Improvement Act of 2015 
(EEIA 2015), Pub. L. 114-11 (April 30, 2015).
---------------------------------------------------------------------------

    DOE's regulations set forth at 10 CFR 431.401 contain provisions 
that permit a person to seek a waiver from the test procedure 
requirements for covered equipment if at least one of the following 
conditions is met: (1) The basic model contains one or more design 
characteristics that prevent testing according to the prescribed test 
procedures; or (2) the prescribed test procedures may evaluate the 
basic model in a manner so unrepresentative of its true energy 
consumption as to provide materially inaccurate comparative data. 10 
CFR 431.401(a)(1). A petitioner must include in its petition any 
alternate test procedures known to the petitioner to evaluate the basic 
model in a manner representative of its energy consumption. 10 CFR 
431.401(b)(1)(iii). DOE may grant a waiver subject to conditions, 
including adherence to alternate test procedures. 10 CFR 431.401(f)(2). 
As soon as practicable after the granting of any waiver, DOE will 
publish in the Federal Register a notice of proposed rulemaking to 
amend its regulations so as to eliminate any need for the continuation 
of such waiver. As soon thereafter as practicable, DOE will publish in 
the Federal Register a final rule. 10 CFR 431.401(l).

II. Petition for Waiver of Test Procedure

    On May 5, 2015, Raypak filed a petition for waiver from the DOE 
test procedure at 10 CFR 431.106 to measure standby loss of commercial 
water heating equipment. This petition addresses Raypak's specified 
models of commercial instantaneous water heaters containing 10 gallons 
or more of water. The current DOE efficiency test procedure for 
commercial water heaters incorporates by reference the relevant 
industry test standard for measuring thermal efficiency and standby 
loss, as specified in American National Standards Institute (ANSI) ANSI 
Z21.10.3-2011, Gas-Fired Water Heaters, Volume III, Storage Water 
Heaters, With Input Ratings Above 75,000 Btu Per Hour, Circulating and 
Instantaneous. In its petition, Raypak contends that its identified 
basic models rely on flow of water through the heater to activate the 
burner, but because the current DOE test procedure does not take into 
account such units, it does not provide a proper representation of the 
standby loss of these models. The current standby loss test procedure 
is designed to test tank-type water heaters which are thermostatically 
operated. The models for which Raypak is seeking this test procedure 
waiver employ tube-type heat exchangers and are designed to be flow 
activated. To address the apparent shortcomings of ANSI Z21.10.3-2011, 
Raypak has submitted to DOE an alternate test procedure for measuring 
the standby loss of tube-type instantaneous water heaters, as addressed 
in sections E.1 and E.3 of ANSI Z21.10.3-2012, Gas-Fired Water Heaters, 
Volume III, Storage Water Heaters, With Input Ratings Above 75,000 Btu 
Per Hour, Circulating and Instantaneous. Raypak believes this 
alternative provides a representative measure of the standby loss of 
these models.

III. Alternate Test Procedure

    EPCA requires that manufacturers use DOE test procedures when 
making representations about the energy consumption and energy 
consumption costs of products and equipment covered by the statute. (42 
U.S.C. 6293(c); 6314(d)) Consistent representations about the energy 
efficiency of covered products and equipment are important for 
consumers evaluating products when making purchasing decisions and for 
manufacturers to demonstrate compliance with applicable DOE energy 
conservation standards. Pursuant to its regulations applicable to 
waivers and interim waivers from applicable test procedures at 10 CFR 
431.401, DOE will consider setting an alternate test procedure for 
Raypak in a subsequent Decision and Order.
    Raypak has submitted to DOE an alternate test procedure for 
measuring the standby loss of tube-type instantaneous water heaters as 
addressed in ANSI Z21.10.3-2012 sections E.1 and E.3. Specifically, 
Raypak has submitted the following alternate test procedure to 
accurately represent the standby loss of its

[[Page 36290]]

commercial instantaneous water heaters containing 10 gallons or more of 
water:

Z21.10.3-2012 Exhibit E Efficiency Test Procedures

E.1 Method of Test for Measuring Thermal Efficiency
    A water heater for installation on combustible floors shall be 
placed on \3/4\ in (1.9 cm) plywood platform supported by three 2 x 4 
runners. If the water heater is for installation on noncombustible 
floors, suitable noncombustible material shall be placed on the 
platform. When the use of the platform for a large water heater is not 
practical, the water heater may be placed on any suitable flooring. A 
wall mounted water heater shall be mounted to a simulated wall section.
    Placement in the test room shall be in an area protected from 
drafts.
    Inlet and outlet piping shall be immediately turned vertically 
downward from the connections on a tank-type water heater so as to form 
heat traps. Any factory supplied heat traps shall be installed per the 
installation instructions. Thermocouples for measuring inlet and outlet 
water temperatures shall be installed before the inlet heat trap piping 
and after the outlet heat trap piping.
    Water-tube water heaters shall be installed as shown in Figure 3, 
Arrangement for Testing Water-tube Type Instantaneous and Circulating 
Water Heaters.
a. Piping Insulation
    Insulate the water piping, including heat traps, for a length of 4 
ft (1.22 m) from the connection at the appliance with material having a 
thermal resistance (R) value of not less than 4 [F[middot]ft 
[middot]hr/Btu (0.7 K[middot]m/W)]. Care should be taken so the 
insulation does not contact any appliance surface except at the 
location where the pipe connections penetrate the appliance jacket.
b. Temperature and Pressure Relief Valve Insulation
    If the manufacturer has not provided a temperature and pressure 
relief valve, one shall be installed and insulated as specified above.
c. Vent Requirements
1. Appliance Equipped With Draft Hoods
    All tests shall be conducted with the natural draft established by 
the following vent pipe arrangements:
    A vertically discharging vent connection shall have attached to and 
vertically above it, 5 ft (1.52 m) of vent pipe the same size as the 
outlet. If the vent does not discharge vertically, a suitable elbow 
shall be installed first.
2. Direct Vent Appliances and Mechanically Vented
    The appliance shall be installed with the venting arrangement 
specified in the manufacturer's instructions. The water heater shall be 
installed with the manufacturer's specified minimum venting length 
venting arrangement.
d. Water Supply
    During conduct of this test, the temperature of the supply water 
shall be maintained at 70  2[emsp14][deg]F (21  
1 [deg]C). The pressure of the water supply shall be maintained between 
40 psi (275.8 kPa) and the maximum pressure specified by the 
manufacturer for the appliance under test. The accuracy of the pressure 
measuring devices shall be 1.0 psi (6.9 kPa). For a water-
tube water heater, the inlet water temperature shall be maintained at 
the supply water temperature or as specified by the manufacturer (see 
2.1.8).
    A tank-type water heater shall be isolated by use of a shutoff 
valve in the supply line with an expansion tank installed in the supply 
line downstream of the shutoff valve. There shall be no shutoff means 
between the expansion tank and the appliance inlet.
e. Gas Supply
    The gas rate shall be adjusted as specified in 2.3.3. The outlet 
pressure of the gas appliance pressure regulator shall be within  10 percent of that recommended by the manufacturer. The higher 
heating value of the gas burned shall be obtained.
f. Installation of Temperature Sensing Means
    For tank-type water heaters, six (6) temperature sensing means 
shall be installed inside the storage tank on the vertical center of 
each of 6 nonoverlapping sections of approximately equal volume from 
the top to the bottom of the tank. Each temperature sensing means is to 
be located as far as possible from any heat source or other 
irregularity, anodic protective device, or water tank or flue wall. The 
anodic protective device may be removed in order to install the 
temperature sensing means and all testing may be carried out with the 
device removed.
    If the temperature sensing means cannot be installed as specified 
above, placement of the temperature sensing means shall be made at the 
discretion of the testing agency so comparable water temperature 
measurements may be obtained.
    A temperature sensing means, shielded against direct radiation and 
positioned at the vertical midpoint of the water heater at a 
perpendicular distance of approximately 24 in (610 mm) from the surface 
of the jacket, shall be installed in the test room.
g. Setting Tank Thermostat
    Before starting testing of a tank-type water heater, the setting of 
the thermostat shall first be obtained by starting with the water in 
the system at 70  2[emsp14][deg]F (21  1 
[deg]C) and noting the maximum mean temperature of the water after the 
thermostat reduces the gas supply to a minimum. The temperature shall 
be 140  5[emsp14][deg]F (60  3 [deg]C).
h. Energy Consumption
    Instrumentation shall be installed which determines, within  1 percent:
1. The quantity and rate of gas consumed.
    2. The quantity of electricity consumed by factory supplied water 
heater components, and of the test loop recirculating pump, if used.
i. Room Ambient Temperature
    The ambient air temperature of the test room shall be maintained at 
75  10[emsp14][deg]F (24  5.5 [deg]C), as 
measured by the test room temperature sensing means described in ``-f'' 
above.
    The ambient air temperatures shall be measured at 15 minute 
intervals during conduct of this test. The room temperature shall not 
vary more than  7.0[emsp14][deg]F ( 4 [deg]C) 
from the average during the test, temperature readings being taken by 
means of a recording thermometer at 15 minute intervals and averaged at 
the end of the test.
j. Efficiency Measurement
    The outlet water temperature shall be adjusted by varying the rate 
of flow until temperature is constant at 70  
2[emsp14][deg]F (21  1 [deg]C) above the supply 
temperature. After the outlet temperature has become constant, as 
indicated by no variation in excess of 2[emsp14][deg]F (1 [deg]C) over 
a 3 minute period, the outlet water shall be diverted from the waste 
line to a weighing container. A scale with an error no greater than 1 
percent of the total draw shall be used. Water shall be allowed to flow 
into the weighing container for exactly 30 minutes. The gas consumption 
and electrical power consumption of factory supplied heater components 
and of the test loop-recirculating pump, if used, shall be measured for 
the 30 minute period. At this time, the outlet water shall be diverted 
back into the waste

[[Page 36291]]

line, the meter readings noted, and the weight of heater water 
recorded. Throughout the period of test, supply and outlet water 
temperatures shall be recorded every minute. The temperature, pressure 
and heating value of the gas metered and barometric pressure shall be 
obtained.
    A water meter with an error no greater than 1 percent of the total 
draw may be used instead of the scale and weighing container.
    Thermal efficiency, Et, shall be computed by use of the following 
formula:

Et = (KW ([thetas]2-[thetas]1)/[(CF x 
Q x H) + Ec]) x 100

Where:
K = 1.004 Btu per pound mass degree F (4184 J/kg [deg]C), nominal 
specific heat of water at 105 [deg]F;
W = total weight of water heated, lbs. (kg);
[thetas]1 = average temperature of supply water, [deg]F 
([deg]C);
[thetas]2 = average temperature of outlet water, [deg]F 
([deg]C);
Q = total gas consumed as metered, cu. ft. (m\3\);
Cs = correction applied to the heating value H, when it 
is metered at temperature and/or pressure conditions other than the 
standard conditions. At which the heating value of gas is specified 
[normally 30 inches mercury column (101.3 kPa) and 60 [deg]F (15.5 
[deg]C)];
H = total heating value of gas, Btu per cu. ft. (MJ/m3); 
and
Ec = electrical consumption of the water heater and, when 
used, the test setup recirculating pump, specified in Btu (kJ).

Standby Loss for tank type water heaters shall be determined using 
Appendix E.2
Standby Loss for tube type water heaters that contain 10 or more 
gallons within the water heater, as determined under 5.27, shall be 
determined using Appendix E.3
E.3 Method of Test For Measuring Standby Loss for Tube Type 
Instantaneous Water Heaters With 10 or Greater Gallons of Storage
    The appliance shall be installed as specified in G.1, Method of 
Test for Measuring Thermal Efficiency. This test may be conducted 
immediately following the thermal efficiency test. In this case, start 
the test after the main burner(s) has shut down and, if applicable, the 
water pump has shut down. Otherwise, the water heater shall be put into 
operation under the same test conditions specified in G.1, and the 
outlet water temperature shall be adjusted by varying the rate of flow 
until temperature is constant at 70  2[emsp14][deg]F (21 
 1 [deg]C) above the supply temperature. After the outlet 
temperatures becomes constant, as indicated by no variation in excess 
of 2[emsp14][deg]F (1 [deg]C) over a 3 minute period, shut down the 
main burner(s) and, if applicable, wait for the water pump to shut 
down, and then start the test.
    At the start of the test, record the time, ambient temperature, 
outlet water temperature, supply water temperature, and begin measuring 
the fuel and electric consumption.
    During the first hour, outlet water temperature, supply water 
temperature and the ambient air temperature shall be measured at the 
end of each 5 minute interval. For the remainder of the test, these 
measurements shall be made at the end of every 15 minute interval. The 
duration of this test shall be 24 hours. If the main burner is firing 
at 24 hours, continue the test until the main burner and the water 
pump, if applicable, have shut down.
    Immediately after the conclusion of the test, record the total fuel 
flow and electrical energy consumption, the final ambient air 
temperature, and the final outlet water temperature.
    Calculate the average of the ambient air temperatures and the 
supply water temperatures taken at the end of each time interval, 
including the initial and final values.
    The average hourly standby loss, S, rounded to the nearest Btu per 
hour, shall be determined by the formula:

S = [(Cs(Qs)(H) + Ec)/t]-[([Delta]T4)/([Delta]T3)(t)Et]

 Where:

Cs = correction applied to the heating value of a gas H, when it is 
metered at temperature and/or pressure conditions other than the 
standard conditions for which the value of H is based;
H = higher heating value of gas, Btu per cu. ft. (MJ/m3);
Qs = total fuel flow as metered, cu. ft. (m3);
[Delta]T3 = difference between the outlet temperature and the 
average value of the ambient air temperature, [deg]F ([deg]C);
[Delta]T4 = difference between the average supply water temperature 
and the outlet temperature, [deg]F ([deg]C);
t = duration of test, hrs.;
Ec = electrical energy consumption expressed in Btu (kJ); and
Et = thermal efficiency as determined under G1, Method of Test for 
Measuring Thermal Efficiency

    If the main burner(s) does not cycle on during this test, the 
hourly average standby loss calculation simplifies to:

S = {(K(Va)([Delta]T4)/Et) + Ec{time} /t

    For water heaters that will not initiate or cause actions that will 
initiate burner operation, the following simplified procedure may be 
used to measure the hourly standby loss.
    This test may be conducted immediately following the thermal 
efficiency test. In this case, start the test after the main burner(s) 
has shut down and, if applicable, the water pump has shut down. 
Otherwise provide the electrical connection as specified in G.1, Method 
of Test for Measuring Thermal Efficiency, and start the test.
    At the start of the test, record the time and begin measuring the 
electric consumption for one hour. Record the duration of the test and 
the total electrical consumption during the test.
    The average hourly standby loss, S, rounded to the nearest Btu per 
hour, shall be determined by the formula:
S = [(([Delta]T5 k Va/Et)/24) +Ec]

Where:

[Delta]T5 = 70 [deg]F (38.9 [deg]C), difference between 
the supply and outlet water temperatures;
k= 8.25 Btu/gallon [deg]F (4147.6331 J/l [deg]C), the nominal 
specific heat of water;
Va = water contained in the water heater expressed in gallons (L), 
as determined under 5.27;
Ec = electrical energy consumption expressed in Btu (kJ); and
Et = thermal efficiency as determined under G1, Method of Test for 
Measuring Thermal Efficiency.

    The following basic models are included in Raypak's petition:

XTherm Model WH7-1005*
XTherm Model WH7-1505*
XTherm Model WH7-2005*
XTherm Model WH7-2505*
XTherm Model WH7-3005*
XTherm Model WH7-3505*
XTherm Model WH7-4005*
MVB Model WH7-2503*
MVB Model WH7-3003*
MVB Model WH7-3503*
MVB Model WH7-4003*

IV. Summary and Request for Comments

    Through this notice, DOE announces receipt of and is publishing 
Raypak's petition for waiver from the DOE test procedure for commercial 
water heaters for its above-referenced commercial instantaneous water 
heater models, which contain 10 gallons or more of water. The petition 
contains no confidential information. The petition includes a suggested 
alternate test procedure to determine the thermal efficiency and 
standby loss of Raypak's specified basic models of commercial 
instantaneous water heaters containing 10 gallons or more of water. DOE 
is considering including this alternate test procedure in its 
subsequent Decision and Order.
    DOE solicits comments from interested parties on all aspects of the 
petition, including the suggested alternate test procedure and 
calculation methodology. Pursuant to 10 CFR 431.401(d), any person 
submitting written comments to DOE must also

[[Page 36292]]

send a copy of such comments to the petitioner. The contact information 
for the petitioner is: Mr. Robert Glass, Sr. Staff Engineer, Raypak 
Inc., 2151 Eastman Avenue, Oxnard, CA 93030. All submissions received 
must include the agency name and case number for this proceeding. 
Submit electronic comments in WordPerfect, Microsoft Word, Portable 
Document Format (PDF), or text (American Standard Code for Information 
Interchange (ASCII)) file format and avoid the use of special 
characters or any form of encryption. Wherever possible, include the 
electronic signature of the author. DOE does not accept telefacsimiles 
(faxes).
    Pursuant to 10 CFR 1004.11, any person submitting information that 
he or she believes to be confidential and exempt by law from public 
disclosure should submit two copies: one copy of the document marked 
``confidential'' with all of the information believed to be 
confidential included, and one copy of the document marked ``non-
confidential'' with all of the information believed to be confidential 
deleted. DOE will make its own determination about the confidential 
status of the information and treat it according to its determination.

    Issued in Washington, DC, on May 31, 2016.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

Raypak, A Rheem Company

May 5, 2015

U.S. Department of Energy, Building Technologies Program, MS EE-2J, 
Test Procedure Waiver, 1000 Independence Avenue, SW., Washington, DC 
20585-0121.

Re: Waiver for Test Procedure for Commercial Water Heating Equipment

    To Whom It May Concern: Pursuant to the provisions of 10 CFR 
431.401, Raypak Inc. is hereby applying for a waiver of the standby 
loss test procedure of 10 CFR .431.106 for the following basic model(s) 
of commercial instantaneous water heaters containing 10 gallons or more 
of water:

------------------------------------------------------------------------
                                                          Water capacity
                          Model                               (gal.)
------------------------------------------------------------------------
XTherm Model WH7-1005*..................................            11.8
XTherm Model WH7-1505*..................................            12.4
XTherm Model WH7-2005*..................................            15.6
XTherm Model WH7-2505*..................................            25.0
XTherm Model WH7-3005*..................................            26.0
XTherm Model WH7-3505*..................................            26.9
XTherm Model WH7-4005*..................................            33.8
MVB Model WH7-2503*.....................................            10.9
MVB Model WH7-3003*.....................................            11.6
MVB Model WH7-3503*.....................................            12.2
MVB Model WH7-4003*.....................................            12.8
------------------------------------------------------------------------

    The current Department of Energy efficiency test procedure for 
commercial water heaters references the relevant test procedures for 
measuring thermal efficiency and standby loss specified in the 
standard, ANSI Z21.10.3-2011. The identified basic models rely on flow 
of water through the heater to activate the burner. As will be 
explained below, the current test procedure does not provide a proper 
representation of the standby loss of these models.
    The current standby loss test procedure is included as Attachment 
A. This procedure is designed to test tank-type water heaters which are 
thermostatically operated. The basic steps of the procedure are to heat 
the water within the water heater, turn off the burner or element and 
then measure all the energy consumption that occurs while the water 
heater is ``standing by'' for approximately 24 hours with no water 
being withdrawn from it. The key measurement of the test procedure is 
the energy consumed by the burner or heating element when the 
thermostat senses that the water in the tank has cooled down to the 
point where it needs to be reheated. The current test does not address 
water heaters that have no means to activate the burner or heating 
element if no heated water is being drawn from the unit, i.e. the 
standby condition.
    The models for which Raypak Inc. is seeking this test procedure 
waiver employ tube type heat exchangers and are designed to be flow 
activated. That is, the burner does not come on until water flow 
through the unit is sensed. Under the current standby loss test 
procedure, the burner on these models will not fire at any time during 
the test and the resulting standby loss measurement would be nearly 
zero. That measurement is not representative of the standby loss 
characteristics of these models. Raypak Inc. believes that the current 
test procedure evaluates the standby loss of the identified basic 
models in a manner so unrepresentative of the true energy consumption 
as to provide materially inaccurate comparative data.
    The manufacturers of other basic models marketed in the United 
States known to Raypak Inc. to incorporate similar design 
characteristics is included as Attachment B.
    An alternative procedure for measuring the standby loss of tube 
type instantaneous water heater is included as Attachment C. Raypak 
Inc. believes this alternative provides a representative measure of the 
standby loss of these models. Raypak Inc. requests that DOE grant it a 
waiver to use this alternative procedure in lieu of the standby loss 
procedure specified in the current DOE efficiency test procedures for 
commercial water heaters.

Respectfully submitted,

Robert Glass
Sr. Staff Engineer
Raypak Inc.
2151 Eastman Avenue,
Oxnard, CA 93030
(805) 278-5300
FAX (800) 872-9725
www.raypak.com

Attachments--Attachment A--Current Standby Loss Test Procedure
Attachment B--Other Affected Manufacturers
Attachment C--Proposed Alternative Procedure for Measuring the Standby 
Loss of Tube Type Instantaneous Water Heaters Containing More than 10 
Gallons

C: Karen Meyers--Rheem Manufacturing Co.
 Russell Pate--Rheem Manufacturing Co.
Attachment A: Current Standby Loss Test Procedure
E.2 Method of test for measuring standby loss

    The appliance shall be installed as specified in E.1, Method of 
test for measuring thermal efficiency. The gas to the main burner(s) 
shall be turned on and the appliance put into operation. After the 
first cutout, allow the water heater to remain in the standby mode 
until the next cutout. At this time record the time, ambient 
temperature and begin measuring the fuel and electric consumption. 
Record the maximum mean tank temperature that occurs after cutout.
    At the end of the first 15 minute interval and at the end of each 
subsequent 15 minute interval, the mean tank temperature and the 
ambient air temperature shall be recorded. The duration of this test 
shall be until the first cutout that occurs after 24 hours or 48 hours, 
whichever comes first.
    Immediately after the conclusion of the test, record the total fuel 
flow and electrical energy consumption, the final ambient air 
temperature, and the time duration of the standby loss test (t) in 
hours rounded to the nearest one hundredth of an hour and the maximum

[[Page 36293]]

mean tank temperature that occurs after cutout. Calculate the average 
of the recorded values of the mean tank temperatures and of the ambient 
air temperatures taken at the end of each time interval, including the 
initial and final values.
    Determine the difference ([Delta]T3) between these two 
averages by subtracting the latter from the former, and the differences 
([Delta]T4) between the final and initial mean tank 
temperatures by subtracting the latter from the former.
    The ratio of the average hourly energy consumption to the heat 
content of the stored water above room temperatures, in percent, 
rounded to the nearest one hundredth shall be determined by the 
formula:
[GRAPHIC] [TIFF OMITTED] TN06JN16.001

Where

Cs = correction applied to the heating value of a gas H, when it 
metered at temperature and/or pressure conditions other than the 
standard conditions for which the value of H is based;
K = 8.25 Btu per gallon [deg]F (4147.6331 J/I [deg]C), the nominal 
specific heat of water;
Va = tank capacity expressed in gallons (L), as determined under 
5.26, Capacities of storage vessels;
H = higher heating value of gas, Btu per cu. Ft. (MJ/m\3\);
Qs = total fuel flow as metered, cu. Ft. (m\3\);
[Delta]T3 = difference between the average value of the mean tank 
temperature and the average value of the ambient air temperature, 
[deg]F ([deg]C);
[Delta]T4 = difference between the final and initial mean tank 
temperature, [deg]F ([deg]C);
t = duration of test, hrs.;
Ec = electrical energy consumption expressed in Btu (kJ); and
Et = thermal efficiency as determined under E.1, Method of test for 
measuring thermal efficiency.

Attachment B:

Manufacturers of Commercial Tube Type Water Heaters containing 10 
gallons or more

A.O. Smith Corporation, 11270 W Park Place, P.O. Box 245008, 
Milwaukee, WI 53224-3623
HTP, Inc., 120 Braley Rd., P.O. Box 429, East Freetown, MA 02717-
1125
Laars Heating Systems Company, 20 Industrial Way, Rochester, NH 
03867-4296
Lochinvar LLC, 300 Maddox Simpson Pkwy., Lebanon, TN 37090-5366
Thermal Solutions Products, LLC, a Subsidiary of Burnham Holdings, 
P.O. BOX 3244, Lancaster, PA 17604-3244

Attachment C

AHRI Recommended Standby Loss Test Procedure For Commercial Tube-Type 
Instantaneous Water Heaters And Hot Water Supply Boilers That Contain 
At Least 10 Gallons Of Water

Z21.10.3-2012
Exhibit E Efficiency Test Procedures

E.1 Method Of Test For Measuring Thermal Efficiency

    A water heater for installation on combustible floors shall be 
placed on \3/4\ in (1.9 cm) plywood platform supported by three 2 x 
4 runners. If the water heater is for installation on noncombustible 
floors, suitable noncombustible material shall be placed on the 
platform. When the use of the platform for a large water heater is 
not practical, the water heater may be placed on any suitable 
flooring. A wall mounted water heater shall be mounted to a 
simulated wall section.
    Placement in the test room shall be in an area protected from 
drafts.
    Inlet and outlet piping shall be immediately turned vertically 
downward from the connections on a tank-type water heater so as to 
form heat traps. Any factory supplied heat traps shall be installed 
per the installation instructions. Thermocouples for measuring inlet 
and outlet water temperatures shall be installed before the inlet 
heat trap piping and after the outlet heat trap piping.
    Water-tube water heaters shall be installed as shown in Figure 
3, Arrangement for Testing Water-tube Type Instantaneous and 
Circulating Water Heaters.

a. Piping Insulation

    Insulate the water piping, including heat traps, for a length of 
4 ft (1.22 m) from the connection at the appliance with material 
having a thermal resistance (R) value of not less than 4 
[F[middot]ft [middot]hr/Btu (0.7 K[middot]m/W)]. Care should be 
taken so the insulation does not contact any appliance surface 
except at the location where the pipe connections penetrate the 
appliance jacket.

b. Temperature and Pressure Relief Valve Insulation

    If the manufacturer has not provided a temperature and pressure 
relief valve, one shall be installed and insulated as specified 
above.

c. Vent Requirements

1. Appliance Equipped With Draft Hoods

    All tests shall be conducted with the natural draft established 
by the following vent pipe arrangements:
    A vertically discharging vent connection shall have attached to 
and vertically above it, 5 ft (1.52 m) of vent pipe the same size as 
the outlet. If the vent does not discharge vertically, a suitable 
elbow shall be installed first.

2. Direct Vent Appliances and Mechanically Vented

    The appliance shall be installed with the venting arrangement 
specified in the manufacturer's instructions. The water heater shall 
be installed with the manufacturer's specified minimum venting 
length venting arrangement.

d. Water Supply

    During conduct of this test, the temperature of the supply water 
shall be maintained at 70  2 [deg]F (21  1 
[deg]C). The pressure of the water supply shall be maintained 
between 40 psi (275.8 kPa) and the maximum pressure specified by the 
manufacturer for the appliance under test. The accuracy of the 
pressure measuring devices shall be 1.0 psi (6.9 kPa). 
For a water-tube water heater, the inlet water temperature shall be 
maintained at the supply water temperature or as specified by the 
manufacturer (see 2.1.8).
    A tank-type water heater shall be isolated by use of a shutoff 
valve in the supply line with an expansion tank installed in the 
supply line downstream of the shutoff valve. There shall be no 
shutoff means between the expansion tank and the appliance inlet.

e. Gas Supply

    The gas rate shall be adjusted as specified in 2.3.3. The outlet 
pressure of the gas appliance pressure regulator shall be within 
 10 percent of that recommended by the manufacturer. The 
higher heating value of the gas burned shall be obtained.

f. Installation of Temperature Sensing Means

    For tank-type water heaters, six (6) temperature sensing means 
shall be installed inside the storage tank on the vertical center of 
each of 6 nonoverlapping sections of approximately equal volume from 
the top to the bottom of the tank. Each temperature sensing means is 
to be located as far as possible from any heat source or other 
irregularity, anodic protective device, or water tank or flue wall. 
The anodic protective device may be removed in order to install the 
temperature sensing means and all testing may be carried out with 
the device removed.
    If the temperature sensing means cannot be installed as 
specified above, placement of the temperature sensing means shall be 
made at the discretion of the testing agency so comparable water 
temperature measurements may be obtained.
    A temperature sensing means, shielded against direct radiation 
and positioned at the vertical midpoint of the water heater at a 
perpendicular distance of approximately 24 in (610 mm) from the 
surface of the jacket, shall be installed in the test room.

[[Page 36294]]

g. Setting Tank Thermostat

    Before starting testing of a tank-type water heater, the setting 
of the thermostat shall first be obtained by starting with the water 
in the system at 70  2 [deg]F (21  1 [deg]C) 
and noting the maximum mean temperature of the water after the 
thermostat reduces the gas supply to a minimum. The temperature 
shall be 140  5 [deg]F (60  3 [deg]C).

h. Energy Consumption

    Instrumentation shall be installed which determines, within 
 1 percent:
    1. The quantity and rate of gas consumed.
    2. The quantity of electricity consumed by factory supplied 
water heater components, and of the test loop recirculating pump, if 
used.

i. Room Ambient Temperature

    The ambient air temperature of the test room shall be maintained 
at 75  10 [deg]F (24  5.5 [deg]C), as 
measured by the test room temperature sensing means described in ``-
f'' above.
    The ambient air temperatures shall be measured at 15 minute 
intervals during conduct of this test. The room temperature shall 
not vary more than  7.0 [deg]F ( 4[deg]C) 
from the average during the test, temperature readings being taken 
by means of a recording thermometer at 15 minute intervals and 
averaged at the end of the test.

j. Efficiency Measurement

    The outlet water temperature shall be adjusted by varying the 
rate of flow until temperature is constant at 70 2 
[deg]F (21  1 [deg]C) above the supply temperature. 
After the outlet temperature has become constant, as indicated by no 
variation in excess of 2 [deg]F (1 [deg]C) over a 3 minute period, 
the outlet water shall be diverted from the waste line to a weighing 
container. A scale with an error no greater than 1 percent of the 
total draw shall be used. Water shall be allowed to flow into the 
weighing container for exactly 30 minutes. The gas consumption and 
electrical power consumption of factory supplied heater components 
and of the test loop-recirculating pump, if used, shall be measured 
for the 30 minute period. At this time, the outlet water shall be 
diverted back into the waste line, the meter readings noted, and the 
weight of heater water recorded. Throughout the period of test, 
supply and outlet water temperatures shall be recorded every minute. 
The temperature, pressure and heating value of the gas metered and 
barometric pressure shall be obtained.
    A water meter with an error no greater than 1 percent of the 
total draw may be used instead of the scale and weighing container.
    Thermal efficiency, Et, shall be computed by use of 
the following formula:
Et = (KW ([thgr]2 - [thgr]1)/[(CF x 
Q x H) + Ec]) x 100

where

K = 1.004 Btu per pound mass degree F (4184 J/kg [deg]C), nominal 
specific heat of water at 105 [deg]F;
W = total weight of water heated, lbs. (kg);
[thgr]1 = average temperature of supply water, [deg]F 
([deg]C);
[thgr]2 = average temperature of outlet water, [deg]F 
([deg]C);
Q = total gas consumed as metered, cu. ft. (m\3\);
Cs = correction applied to the heating value H, when it 
is metered at temperature and/or pressure conditions other than the 
standard conditions. At which the heating value of gas is specified 
[normally 30 inches mercury column (101.3 kPa) and 60 [deg]F (15.5 
[deg]C)];
H = total heating value of gas, Btu per cu. ft. (MJ/m3); 
and
Ec = electrical consumption of the water heater and, when 
used, the test setup recirculating pump, specified in Btu (kJ).

Standby Loss for tank type water heaters shall be determined using 
Appendix E.2

Standby Loss for tube type water heaters that contain 10 or more 
gallons within the water heater, as determined under 5.27, shall be 
determined using Appendix E.3

E.3 Method Of Test For Measuring Standby Loss For Tube Type 
Instantaneous Water Heaters With 10 or Greater Gallons of Storage

    The appliance shall be installed as specified in G.1, Method of 
Test for Measuring Thermal Efficiency. This test may be conducted 
immediately following the thermal efficiency test. In this case, start 
the test after the main burner(s) has shut down and, if applicable, the 
water pump has shut down. Otherwise, the water heater shall be put into 
operation under the same test conditions specified in G.1, and the 
outlet water temperature shall be adjusted by varying the rate of flow 
until temperature is constant at 70  2 [deg]F (21  1 [deg]C) above the supply temperature. After the outlet 
temperatures becomes constant, as indicated by no variation in excess 
of 2 [deg]F (1 [deg]C) over a 3 minute period, shut down the main 
burner(s) and, if applicable, wait for the water pump to shut down, and 
then start the test.
    At the start of the test, record the time, ambient temperature, 
outlet water temperature, supply water temperature, and begin measuring 
the fuel and electric consumption.
    During the first hour, outlet water temperature, supply water 
temperature and the ambient air temperature shall be measured at the 
end of each 5 minute interval. For the remainder of the test, these 
measurements shall be made at the end of every 15 minute interval. The 
duration of this test shall be 24 hours. If the main burner is firing 
at 24 hours, continue the test until the main burner and the water 
pump, if applicable, have shut down.
    Immediately after the conclusion of the test, record the total fuel 
flow and electrical energy consumption, the final ambient air 
temperature, and the final outlet water temperature.
    Calculate the average of the ambient air temperatures and the 
supply water temperatures taken at the end of each time interval, 
including the initial and final values.
    The average hourly standby loss, S, rounded to the nearest Btu per 
hour, shall be determined by the formula:

S = [(Cs(Qs)(H) + Ec)/t] - [([Delta]T4)/([Delta]T3)(t)Et ]

where

Cs = correction applied to the heating value of a gas H, when it is 
metered at temperature and/or pressure conditions other than the 
standard conditions for which the value of H is based;
H = higher heating value of gas, Btu per cu. ft. (MJ/m3);
Qs = total fuel flow as metered, cu. ft. (m3);
[Delta]T3 = difference between the outlet temperature and the 
average value of the ambient air temperature, [deg]F ([deg]C);
[Delta]T4 = difference between the average supply water temperature 
and the outlet temperature, [deg]F ([deg]C);
t = duration of test, hrs.;
Ec = electrical energy consumption expressed in Btu (kJ); and
Et = thermal efficiency as determined under G1, Method of Test for 
Measuring Thermal Efficiency

    If the main burner(s) does not cycle on during this test, the 
hourly average standby loss calculation simplifies to:

S = {(K(Va)([Delta]T4)/Et) + Ec {time} /t

    For water heaters that will not initiate or cause actions that will 
initiate burner operation, the following simplified procedure may be 
used to measure the hourly standby loss.
    This test may be conducted immediately following the thermal 
efficiency test. In this case, start the test after the main burner(s) 
has shut down and, if applicable, the water pump has shut down. 
Otherwise provide the electrical connection as specified in G.1, Method 
of Test for Measuring Thermal Efficiency, and start the test.
    At the start of the test, record the time and begin measuring the 
electric consumption for one hour. Record the duration of the test and 
the total electrical consumption during the test.
    The average hourly standby loss, S, rounded to the nearest Btu per 
hour, shall be determined by the formula:

S = [(([Delta]T5 k Va / Et)/24) +Ec]

Where:

[Delta]T5 = 70[emsp14][deg]F (38.9 [deg]C), difference 
between the supply and outlet water temperatures;
k= 8.25 Btu/gallon [deg]F (4147.6331 J/l [deg]C), the nominal 
specific heat of water;
Va = water contained in the water heater expressed in gallons (L), 
as determined under 5.27;
Ec = electrical energy consumption expressed in Btu (kJ); and
Et = thermal efficiency as determined under G1, Method of Test for 
Measuring

[[Page 36295]]

Thermal Efficiency.

[FR Doc. 2016-13252 Filed 6-3-16; 8:45 am]
 BILLING CODE 6450-01-P



                                                36288                           Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Notices

                                                been predetermined. The capacity shall then             interval, including the initial and final              DEPARTMENT OF ENERGY
                                                be computed in gallons and compared with                values.
                                                the manufacturer’s rated volume.                          The average hourly standby loss, S,                  Office of Energy Efficiency and
                                                5.27 Capacities of Tube Type Water Heaters              rounded to the nearest Btu per hour, shall be          Renewable Energy
                                                                                                        determined by the formula:
                                                  The amount of water contained in a tube                                                                      [Case No. WH–004]
                                                type water heater or in a water heater which            S = [(Cs(Qs)(H) + Ec)/t]¥[(DT4)/(DT3)(t)Et]
                                                has not been tested under 5.26 shall be                 Where                                                  Notice of Petition for Waiver of Raypak
                                                determined if it is 10 gallons or more.                                                                        Inc. From the Department of Energy
                                                                                                        Cs = correction applied to the heating value
                                                Method of Test                                                of a gas H, when it is metered at                Commercial Water Heater Test
                                                  The volume of water contained within the                    temperature and/or pressure conditions           Procedure
                                                water heater shall be determined. This                        other than the standard conditions for
                                                determination shall include all water
                                                                                                                                                               AGENCY:  Office of Energy Efficiency and
                                                                                                              which the value of H is based;                   Renewable Energy, Department of
                                                contained within the unit from the inlet                H = higher heating value of gas, Btu per cu.
                                                connection to the outlet connection but not                                                                    Energy.
                                                                                                              ft. (MJ/m3);
                                                the capacity of any separate storage vessels.                                                                  ACTION: Notice of petition for waiver and
                                                The volume of water contained within the                Qs = total fuel flow as metered, cu. ft. (m3);
                                                                                                                                                               request for public comments.
                                                water heater shall then be computed in                  DT3 = difference between the outlet
                                                gallons.                                                      temperature and the average value of the         SUMMARY:    This notice announces receipt
                                                  Note: The following proposed wording                        ambient air temperature, °F (°C);                of and publishes a petition for waiver
                                                would be added to Annex E: Efficiency Test              DT4 = difference between the average supply            from Raypak Inc. (Raypak) seeking an
                                                Procedures of ANSI Z21.10.3–2013.                             water temperature and the outlet                 exemption from specified provisions
                                                  Standby Loss for tank type water heaters                    temperature, °F (°C);                            applicable to standby loss of the U.S.
                                                shall be determined using Appendix E.2.                 t = duration of test, hrs.;                            Department of Energy (DOE) test
                                                  Standby Loss for tube type water heaters              Ec = electrical energy consumption expressed           procedure for commercial water heating
                                                that contain 10 or more gallons within the                    in Btu (kJ); and
                                                water heater, as determined under 5.27, shall
                                                                                                                                                               equipment. The waiver request pertains
                                                                                                        Et = thermal efficiency as determined under            to Raypak’s specified models of
                                                be determined using Appendix E.3.
                                                                                                              E.1, Method of Test for Measuring                commercial instantaneous water heaters
                                                E.3 Method of Test for Measuring Standby                      Thermal Efficiency                               containing 10 gallons or more of water.
                                                Loss for Tube Type Instantaneous Water                  If the main burner(s) does not cycle on                In its petition, Raypak contends that its
                                                Heaters With 10 or Greater Gallons of Storage                 during this test, the hourly average             specified water heater models that
                                                   The appliance shall be installed as                        standby loss calculation simplifies to:          employ tube-type heat exchangers and
                                                specified in E.1, Method of Test for                    S = {(K(Va)(DT4)/Et) + Ec }/t                          are designed to be flow activated cannot
                                                Measuring Thermal Efficiency. This test may                For water heaters that will not initiate or
                                                be conducted immediately following the                                                                         be accurately tested using the currently
                                                                                                        cause actions that will initiate burner                applicable DOE test procedure.
                                                thermal efficiency test. In this case, start the
                                                test after the main burner(s) has shut down             operation, the following simplified procedure          Consequently, Raypak seeks to use an
                                                and, if applicable, the water pump has shut             may be used to measure the hourly standby              alternate test procedure to address
                                                down. Otherwise the water heater shall be               loss.                                                  certain issues involved in testing the
                                                put into operation under the same test                     This test may be conducted immediately              specific basic models identified in its
                                                conditions specified in E.1 and the outlet              following the thermal efficiency test. In this         petition. DOE solicits comments, data,
                                                water temperature shall be adjusted by                  case, start the test after the main burner(s)          and information concerning Raypak’s
                                                varying the rate of flow until temperature is           has shut down and, if applicable, the water
                                                constant at 70 ± 2 °F (21 ± 1°C) above the                                                                     petition and its suggested alternate test
                                                                                                        pump has shut down. Otherwise, provide the             procedure.
                                                supply temperature. After the outlet                    electrical connection as specified in E.1,
                                                temperatures becomes constant, as indicated                                                                    DATES: DOE will accept comments, data,
                                                                                                        Method of Test for Measuring Thermal
                                                by no variation in excess of 2 °F (1°C) over                                                                   and information with respect to the
                                                a 3 minute period, shut down the main                   Efficiency, and start the test.
                                                                                                                                                               Raypak Petition until July 6, 2016.
                                                burner(s) and, if applicable, wait for the                 At the start of the test, record the time and
                                                                                                        begin measuring the electric consumption for           ADDRESSES: You may submit comments,
                                                water pump to shut down, and then start the
                                                test.                                                   one hour. Record the duration of the test and          identified by case number WH–004, by
                                                   At the start of the test, record the time,           the total electrical consumption during the            any of the following methods:
                                                ambient temperature, outlet water                       test.                                                     • Federal eRulemaking Portal: http://
                                                temperature, supply water temperature and                  The average hourly standby loss, S,                 www.regulations.gov. Follow the
                                                begin measuring the fuel and electric                   rounded to the nearest Btu per hour, shall be          instructions for submitting comments.
                                                consumption.                                            determined by the formula:                                • Email: AS_Waiver_Requests@
                                                   During the first hour, outlet water                                                                         ee.doe.gov. Include the case number
                                                temperature, supply water temperature and               S = [(((DT5) k Va/(Et))/24) +Ec]
                                                                                                                                                               [Case No. WH–004] in the subject line
                                                the ambient air temperature shall be                    Where:                                                 of the message. Submit electronic
                                                measured at the end of each 5 minute                    DT5 = 70 °F (38.9°C), difference between the
                                                interval. For the remainder of the test, these
                                                                                                                                                               comments in WordPerfect, Microsoft
                                                                                                              supply and outlet water temperatures;            Word, PDF, or ASCII file format, and
                                                measurements shall be made at the end of
                                                                                                        k= 8.25 Btu/gallon °F (4147.6331 J/l°C), the           avoid the use of special characters or
                                                every 15 minute interval. The duration of this
                                                test shall be 24 hours. If the main burner is                 nominal specific heat of water;                  any form of encryption.
                                                firing at 24 hours, continue the test until the         Va = water contained in the water heater                  • Postal Mail: Ms. Brenda Edwards,
                                                main burner and the water pump, if                            expressed in gallons (L), as determined          U.S. Department of Energy, Building
                                                applicable, have shut down.                                   under 5.27;                                      Technologies Office, Mailstop EE–5B,
sradovich on DSK3TPTVN1PROD with NOTICES




                                                   Immediately after the conclusion of the              Ec = electrical energy consumption expressed           Petition for Waiver Case No. WH–004,
                                                test, record the total fuel flow and electrical               in Btu (kJ); and                                 1000 Independence Avenue SW.,
                                                energy consumption, the final ambient air               Et = thermal efficiency as determined under
                                                temperature and the final outlet water
                                                                                                                                                               Washington, DC 20585–0121.
                                                                                                              E.1, Method of Test for Measuring                Telephone: (202) 586–2945. If possible,
                                                temperature.                                                  Thermal Efficiency.
                                                   Calculate the average of the ambient air                                                                    please submit all items on a compact
                                                temperatures and the supply water                       [FR Doc. 2016–13251 Filed 6–3–16; 8:45 am]             disc (CD), in which case it is not
                                                temperatures taken at the end of each time              BILLING CODE 6450–01–P                                 necessary to include printed copies.


                                           VerDate Sep<11>2014   16:36 Jun 03, 2016   Jkt 238001   PO 00000   Frm 00035   Fmt 4703   Sfmt 4703   E:\FR\FM\06JNN1.SGM   06JNN1


                                                                                 Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Notices                                           36289

                                                  • Hand Delivery/Courier: Ms. Brenda                   procedures (42 U.S.C. 6314), labeling                  industry test standard for measuring
                                                Edwards, U.S. Department of Energy,                     provisions (42 U.S.C. 6315), and the                   thermal efficiency and standby loss, as
                                                Building Technologies Office, 950                       authority to require information and                   specified in American National
                                                L’Enfant Plaza SW., Suite 600,                          reports from manufacturers. (42 U.S.C.                 Standards Institute (ANSI) ANSI
                                                Washington, DC 20024. If possible,                      6316) With respect to test procedures,                 Z21.10.3–2011, Gas-Fired Water
                                                please submit all items on a CD, in                     Part C authorizes the Secretary of                     Heaters, Volume III, Storage Water
                                                which case it is not necessary to include               Energy (the Secretary) to prescribe test               Heaters, With Input Ratings Above
                                                printed copies.                                         procedures that are reasonably designed                75,000 Btu Per Hour, Circulating and
                                                  Docket: The docket, which includes                    to produce results that measure energy                 Instantaneous. In its petition, Raypak
                                                Federal Register notices, comments,                     efficiency, energy use, and estimated                  contends that its identified basic models
                                                and other supporting documents/                         annual operating costs during a                        rely on flow of water through the heater
                                                materials, is available for review at                   representative average-use cycle, and                  to activate the burner, but because the
                                                www.regulations.gov. All documents in                   that are not unduly burdensome to                      current DOE test procedure does not
                                                the docket are listed in the                            conduct. (42 U.S.C. 6314(a)(2)) EPCA                   take into account such units, it does not
                                                www.regulations.gov index. However,                     also directs DOE to consider amending                  provide a proper representation of the
                                                some documents listed in the index,                     the existing test procedure for each type              standby loss of these models. The
                                                such as those containing information                    of equipment listed each time the                      current standby loss test procedure is
                                                that is exempt from public disclosure,                  industry test procedure is amended for                 designed to test tank-type water heaters
                                                may not be publicly available.                          such equipment. (42 U.S.C. 6314(a)(4))                 which are thermostatically operated.
                                                  For further information on how to                     The test procedure for commercial water                The models for which Raypak is seeking
                                                submit a comment, or review other                       heaters is contained in the Code of                    this test procedure waiver employ tube-
                                                public comments and the docket,                         Federal Regulations (CFR) at 10 CFR                    type heat exchangers and are designed
                                                contact Ms. Brenda Edwards at (202)                     part 431, subpart G.                                   to be flow activated. To address the
                                                586–2945 or by email:                                      DOE’s regulations set forth at 10 CFR               apparent shortcomings of ANSI
                                                Brenda.Edwards@ee.doe.gov.                              431.401 contain provisions that permit                 Z21.10.3–2011, Raypak has submitted to
                                                FOR FURTHER INFORMATION CONTACT:                        a person to seek a waiver from the test                DOE an alternate test procedure for
                                                Mr. Bryan Berringer, U.S. Department of                 procedure requirements for covered                     measuring the standby loss of tube-type
                                                  Energy, Building Technologies Office,                 equipment if at least one of the                       instantaneous water heaters, as
                                                  Mail Stop EE–5B, 1000 Independence                    following conditions is met: (1) The                   addressed in sections E.1 and E.3 of
                                                  Avenue SW., Washington, DC 20585–                     basic model contains one or more                       ANSI Z21.10.3–2012, Gas-Fired Water
                                                  0121. Telephone: (202) 586–0371.                      design characteristics that prevent                    Heaters, Volume III, Storage Water
                                                  Email: Bryan.Berringer@ee.doe.gov.                    testing according to the prescribed test               Heaters, With Input Ratings Above
                                                Mr. Eric Stas, U.S. Department of                       procedures; or (2) the prescribed test                 75,000 Btu Per Hour, Circulating and
                                                  Energy, Office of the General Counsel,                procedures may evaluate the basic                      Instantaneous. Raypak believes this
                                                  GC–33, 1000 Independence Avenue                       model in a manner so unrepresentative                  alternative provides a representative
                                                  SW., Washington, DC 20585–0121.                       of its true energy consumption as to                   measure of the standby loss of these
                                                  Telephone: (202) 586–9507. Email:                     provide materially inaccurate                          models.
                                                  Eric.Stas@hq.doe.gov.                                 comparative data. 10 CFR 431.401(a)(1).
                                                                                                        A petitioner must include in its petition              III. Alternate Test Procedure
                                                  For information on how to submit or                   any alternate test procedures known to                    EPCA requires that manufacturers use
                                                review public comments, contact Ms.                     the petitioner to evaluate the basic                   DOE test procedures when making
                                                Brenda Edwards, U.S. Department of                      model in a manner representative of its                representations about the energy
                                                Energy, Office of Energy Efficiency and                 energy consumption. 10 CFR                             consumption and energy consumption
                                                Renewable Energy, Building                              431.401(b)(1)(iii). DOE may grant a                    costs of products and equipment
                                                Technologies Office, Mailstop EE–5B,                    waiver subject to conditions, including                covered by the statute. (42 U.S.C.
                                                1000 Independence Avenue SW.,                           adherence to alternate test procedures.                6293(c); 6314(d)) Consistent
                                                Washington, DC 20585–0121.                              10 CFR 431.401(f)(2). As soon as                       representations about the energy
                                                Telephone: (202) 586–2945. Email:                       practicable after the granting of any                  efficiency of covered products and
                                                Brenda.Edwards@ee.doe.gov.                              waiver, DOE will publish in the Federal                equipment are important for consumers
                                                SUPPLEMENTARY INFORMATION:                              Register a notice of proposed                          evaluating products when making
                                                                                                        rulemaking to amend its regulations so                 purchasing decisions and for
                                                I. Background and Authority
                                                                                                        as to eliminate any need for the                       manufacturers to demonstrate
                                                  Title III, Part C 1 of the Energy Policy              continuation of such waiver. As soon                   compliance with applicable DOE energy
                                                and Conservation Act of 1975 (EPCA),                    thereafter as practicable, DOE will                    conservation standards. Pursuant to its
                                                Pub. L. 94–163 (42 U.S.C. 6311–6317, as                 publish in the Federal Register a final                regulations applicable to waivers and
                                                codified), added by Pub. L. 95–619,                     rule. 10 CFR 431.401(l).                               interim waivers from applicable test
                                                established the Energy Conservation                                                                            procedures at 10 CFR 431.401, DOE will
                                                Program for Certain Industrial                          II. Petition for Waiver of Test Procedure              consider setting an alternate test
                                                Equipment, which includes commercial                       On May 5, 2015, Raypak filed a                      procedure for Raypak in a subsequent
                                                water heaters, the focus of this notice.2               petition for waiver from the DOE test                  Decision and Order.
                                                Part C specifically includes definitions                procedure at 10 CFR 431.106 to measure                    Raypak has submitted to DOE an
                                                (42 U.S.C. 6311), energy conservation                   standby loss of commercial water                       alternate test procedure for measuring
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                                                standards (42 U.S.C 6313), test                         heating equipment. This petition                       the standby loss of tube-type
                                                                                                        addresses Raypak’s specified models of                 instantaneous water heaters as
                                                  1 For editorial reasons, upon codification in the
                                                                                                        commercial instantaneous water heaters                 addressed in ANSI Z21.10.3–2012
                                                U.S. Code, Part C was re-designated Part A–1.           containing 10 gallons or more of water.                sections E.1 and E.3. Specifically,
                                                  2 All references to EPCA in this document refer

                                                to the statute as amended through the Energy
                                                                                                        The current DOE efficiency test                        Raypak has submitted the following
                                                Efficiency Improvement Act of 2015 (EEIA 2015),         procedure for commercial water heaters                 alternate test procedure to accurately
                                                Pub. L. 114–11 (April 30, 2015).                        incorporates by reference the relevant                 represent the standby loss of its


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                                                36290                           Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Notices

                                                commercial instantaneous water heaters                  vent does not discharge vertically, a                    A temperature sensing means,
                                                containing 10 gallons or more of water:                 suitable elbow shall be installed first.               shielded against direct radiation and
                                                                                                                                                               positioned at the vertical midpoint of
                                                Z21.10.3–2012 Exhibit E Efficiency                      2. Direct Vent Appliances and
                                                                                                                                                               the water heater at a perpendicular
                                                Test Procedures                                         Mechanically Vented
                                                                                                                                                               distance of approximately 24 in (610
                                                E.1 Method of Test for Measuring                           The appliance shall be installed with               mm) from the surface of the jacket, shall
                                                Thermal Efficiency                                      the venting arrangement specified in the               be installed in the test room.
                                                                                                        manufacturer’s instructions. The water
                                                   A water heater for installation on                                                                          g. Setting Tank Thermostat
                                                                                                        heater shall be installed with the
                                                combustible floors shall be placed on 3⁄4
                                                                                                        manufacturer’s specified minimum                          Before starting testing of a tank-type
                                                in (1.9 cm) plywood platform supported
                                                                                                        venting length venting arrangement.                    water heater, the setting of the
                                                by three 2 x 4 runners. If the water
                                                                                                                                                               thermostat shall first be obtained by
                                                heater is for installation on                           d. Water Supply
                                                                                                                                                               starting with the water in the system at
                                                noncombustible floors, suitable                           During conduct of this test, the                     70 ± 2 °F (21 ± 1 °C) and noting the
                                                noncombustible material shall be placed                 temperature of the supply water shall be               maximum mean temperature of the
                                                on the platform. When the use of the                    maintained at 70 ± 2 °F (21 ± 1 °C). The               water after the thermostat reduces the
                                                platform for a large water heater is not                pressure of the water supply shall be                  gas supply to a minimum. The
                                                practical, the water heater may be                      maintained between 40 psi (275.8 kPa)                  temperature shall be 140 ± 5 °F (60 ± 3
                                                placed on any suitable flooring. A wall                 and the maximum pressure specified by                  °C).
                                                mounted water heater shall be mounted                   the manufacturer for the appliance
                                                to a simulated wall section.                            under test. The accuracy of the pressure               h. Energy Consumption
                                                   Placement in the test room shall be in               measuring devices shall be ±1.0 psi (6.9                 Instrumentation shall be installed
                                                an area protected from drafts.                          kPa). For a water-tube water heater, the               which determines, within ± 1 percent:
                                                   Inlet and outlet piping shall be                     inlet water temperature shall be
                                                immediately turned vertically                                                                                  1. The quantity and rate of gas
                                                                                                        maintained at the supply water
                                                downward from the connections on a                                                                             consumed.
                                                                                                        temperature or as specified by the
                                                tank-type water heater so as to form heat               manufacturer (see 2.1.8).                                 2. The quantity of electricity
                                                traps. Any factory supplied heat traps                    A tank-type water heater shall be                    consumed by factory supplied water
                                                shall be installed per the installation                 isolated by use of a shutoff valve in the              heater components, and of the test loop
                                                instructions. Thermocouples for                         supply line with an expansion tank                     recirculating pump, if used.
                                                measuring inlet and outlet water                        installed in the supply line downstream
                                                temperatures shall be installed before                                                                         i. Room Ambient Temperature
                                                                                                        of the shutoff valve. There shall be no
                                                the inlet heat trap piping and after the                shutoff means between the expansion                       The ambient air temperature of the
                                                outlet heat trap piping.                                tank and the appliance inlet.                          test room shall be maintained at 75 ±
                                                   Water-tube water heaters shall be                                                                           10 °F (24 ± 5.5 °C), as measured by the
                                                installed as shown in Figure 3,                         e. Gas Supply                                          test room temperature sensing means
                                                Arrangement for Testing Water-tube                         The gas rate shall be adjusted as                   described in ‘‘-f’’ above.
                                                Type Instantaneous and Circulating                      specified in 2.3.3. The outlet pressure of                The ambient air temperatures shall be
                                                Water Heaters.                                          the gas appliance pressure regulator                   measured at 15 minute intervals during
                                                a. Piping Insulation                                    shall be within ± 10 percent of that                   conduct of this test. The room
                                                                                                        recommended by the manufacturer. The                   temperature shall not vary more than ±
                                                   Insulate the water piping, including                 higher heating value of the gas burned                 7.0 °F (± 4 °C) from the average during
                                                heat traps, for a length of 4 ft (1.22 m)               shall be obtained.                                     the test, temperature readings being
                                                from the connection at the appliance                                                                           taken by means of a recording
                                                with material having a thermal                          f. Installation of Temperature Sensing                 thermometer at 15 minute intervals and
                                                resistance (R) value of not less than 4                 Means                                                  averaged at the end of the test.
                                                [F·ft ·hr/Btu (0.7 K·m/W)]. Care should                    For tank-type water heaters, six (6)
                                                be taken so the insulation does not                     temperature sensing means shall be                     j. Efficiency Measurement
                                                contact any appliance surface except at                 installed inside the storage tank on the                  The outlet water temperature shall be
                                                the location where the pipe connections                 vertical center of each of 6                           adjusted by varying the rate of flow
                                                penetrate the appliance jacket.                         nonoverlapping sections of                             until temperature is constant at 70 ±
                                                b. Temperature and Pressure Relief                      approximately equal volume from the                    2 °F (21 ± 1 °C) above the supply
                                                Valve Insulation                                        top to the bottom of the tank. Each                    temperature. After the outlet
                                                                                                        temperature sensing means is to be                     temperature has become constant, as
                                                   If the manufacturer has not provided                 located as far as possible from any heat               indicated by no variation in excess of
                                                a temperature and pressure relief valve,                source or other irregularity, anodic                   2 °F (1 °C) over a 3 minute period, the
                                                one shall be installed and insulated as                 protective device, or water tank or flue               outlet water shall be diverted from the
                                                specified above.                                        wall. The anodic protective device may                 waste line to a weighing container. A
                                                c. Vent Requirements                                    be removed in order to install the                     scale with an error no greater than 1
                                                                                                        temperature sensing means and all                      percent of the total draw shall be used.
                                                1. Appliance Equipped With Draft                        testing may be carried out with the                    Water shall be allowed to flow into the
                                                Hoods                                                   device removed.                                        weighing container for exactly 30
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                                                  All tests shall be conducted with the                    If the temperature sensing means                    minutes. The gas consumption and
                                                natural draft established by the                        cannot be installed as specified above,                electrical power consumption of factory
                                                following vent pipe arrangements:                       placement of the temperature sensing                   supplied heater components and of the
                                                  A vertically discharging vent                         means shall be made at the discretion of               test loop-recirculating pump, if used,
                                                connection shall have attached to and                   the testing agency so comparable water                 shall be measured for the 30 minute
                                                vertically above it, 5 ft (1.52 m) of vent              temperature measurements may be                        period. At this time, the outlet water
                                                pipe the same size as the outlet. If the                obtained.                                              shall be diverted back into the waste


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                                                                                Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Notices                                               36291

                                                line, the meter readings noted, and the                 indicated by no variation in excess of                 after the main burner(s) has shut down
                                                weight of heater water recorded.                        2 °F (1 °C) over a 3 minute period, shut               and, if applicable, the water pump has
                                                Throughout the period of test, supply                   down the main burner(s) and, if                        shut down. Otherwise provide the
                                                and outlet water temperatures shall be                  applicable, wait for the water pump to                 electrical connection as specified in G.1,
                                                recorded every minute. The                              shut down, and then start the test.                    Method of Test for Measuring Thermal
                                                temperature, pressure and heating value                    At the start of the test, record the                Efficiency, and start the test.
                                                of the gas metered and barometric                       time, ambient temperature, outlet water                   At the start of the test, record the time
                                                pressure shall be obtained.                             temperature, supply water temperature,                 and begin measuring the electric
                                                   A water meter with an error no greater               and begin measuring the fuel and                       consumption for one hour. Record the
                                                than 1 percent of the total draw may be                 electric consumption.                                  duration of the test and the total
                                                used instead of the scale and weighing                     During the first hour, outlet water                 electrical consumption during the test.
                                                container.                                              temperature, supply water temperature                     The average hourly standby loss, S,
                                                   Thermal efficiency, Et, shall be                     and the ambient air temperature shall be               rounded to the nearest Btu per hour,
                                                computed by use of the following                        measured at the end of each 5 minute                   shall be determined by the formula:
                                                formula:                                                interval. For the remainder of the test,               S = [((DT5 k Va/Et)/24) +Ec]
                                                Et = (KW (q2¥q1)/[(CF × Q × H) + Ec])                   these measurements shall be made at                    Where:
                                                     × 100                                              the end of every 15 minute interval. The               DT5 = 70 °F (38.9 °C), difference between the
                                                                                                        duration of this test shall be 24 hours.                    supply and outlet water temperatures;
                                                Where:
                                                K = 1.004 Btu per pound mass degree F (4184             If the main burner is firing at 24 hours,              k= 8.25 Btu/gallon °F (4147.6331 J/l °C), the
                                                     J/kg °C), nominal specific heat of water           continue the test until the main burner                     nominal specific heat of water;
                                                     at 105 °F;                                         and the water pump, if applicable, have                Va = water contained in the water heater
                                                W = total weight of water heated, lbs. (kg);            shut down.                                                  expressed in gallons (L), as determined
                                                q1 = average temperature of supply water, °F               Immediately after the conclusion of                      under 5.27;
                                                     (°C);                                              the test, record the total fuel flow and               Ec = electrical energy consumption expressed
                                                q2 = average temperature of outlet water, °F                                                                        in Btu (kJ); and
                                                                                                        electrical energy consumption, the final
                                                     (°C);                                                                                                     Et = thermal efficiency as determined under
                                                                                                        ambient air temperature, and the final                      G1, Method of Test for Measuring
                                                Q = total gas consumed as metered, cu. ft.              outlet water temperature.
                                                     (m3);                                                                                                          Thermal Efficiency.
                                                                                                           Calculate the average of the ambient
                                                Cs = correction applied to the heating value                                                                     The following basic models are
                                                     H, when it is metered at temperature
                                                                                                        air temperatures and the supply water
                                                                                                        temperatures taken at the end of each                  included in Raypak’s petition:
                                                     and/or pressure conditions other than
                                                     the standard conditions. At which the              time interval, including the initial and               XTherm Model WH7–1005*
                                                     heating value of gas is specified                  final values.                                          XTherm Model WH7–1505*
                                                     [normally 30 inches mercury column                    The average hourly standby loss, S,                 XTherm Model WH7–2005*
                                                     (101.3 kPa) and 60 °F (15.5 °C)];                  rounded to the nearest Btu per hour,                   XTherm Model WH7–2505*
                                                H = total heating value of gas, Btu per cu. ft.         shall be determined by the formula:                    XTherm Model WH7–3005*
                                                     (MJ/m3); and                                       S = [(Cs(Qs)(H) + Ec)/t]¥[(DT4)/                       XTherm Model WH7–3505*
                                                Ec = electrical consumption of the water                                                                       XTherm Model WH7–4005*
                                                                                                             (DT3)(t)Et]
                                                     heater and, when used, the test setup                                                                     MVB Model WH7–2503*
                                                     recirculating pump, specified in Btu (kJ).         Where:
                                                                                                                                                               MVB Model WH7–3003*
                                                                                                        Cs = correction applied to the heating value
                                                Standby Loss for tank type water heaters                     of a gas H, when it is metered at
                                                                                                                                                               MVB Model WH7–3503*
                                                  shall be determined using Appendix                         temperature and/or pressure conditions            MVB Model WH7–4003*
                                                  E.2                                                        other than the standard conditions for            IV. Summary and Request for
                                                Standby Loss for tube type water heaters                     which the value of H is based;                    Comments
                                                  that contain 10 or more gallons within                H = higher heating value of gas, Btu per cu.
                                                  the water heater, as determined under                      ft. (MJ/m3);                                         Through this notice, DOE announces
                                                  5.27, shall be determined using                       Qs = total fuel flow as metered, cu. ft. (m3);         receipt of and is publishing Raypak’s
                                                  Appendix E.3                                          DT3 = difference between the outlet                    petition for waiver from the DOE test
                                                                                                             temperature and the average value of the          procedure for commercial water heaters
                                                E.3 Method of Test For Measuring                             ambient air temperature, °F (°C);
                                                                                                                                                               for its above-referenced commercial
                                                Standby Loss for Tube Type                              DT4 = difference between the average supply
                                                                                                             water temperature and the outlet                  instantaneous water heater models,
                                                Instantaneous Water Heaters With 10 or                                                                         which contain 10 gallons or more of
                                                Greater Gallons of Storage                                   temperature, °F (°C);
                                                                                                        t = duration of test, hrs.;                            water. The petition contains no
                                                  The appliance shall be installed as                   Ec = electrical energy consumption expressed           confidential information. The petition
                                                specified in G.1, Method of Test for                         in Btu (kJ); and                                  includes a suggested alternate test
                                                Measuring Thermal Efficiency. This test                 Et = thermal efficiency as determined under            procedure to determine the thermal
                                                may be conducted immediately                                 G1, Method of Test for Measuring                  efficiency and standby loss of Raypak’s
                                                following the thermal efficiency test. In                    Thermal Efficiency                                specified basic models of commercial
                                                this case, start the test after the main                   If the main burner(s) does not cycle                instantaneous water heaters containing
                                                burner(s) has shut down and, if                         on during this test, the hourly average                10 gallons or more of water. DOE is
                                                applicable, the water pump has shut                     standby loss calculation simplifies to:                considering including this alternate test
                                                down. Otherwise, the water heater shall                 S = {(K(Va)(DT4)/Et) + Ec}/t                           procedure in its subsequent Decision
                                                be put into operation under the same                       For water heaters that will not initiate            and Order.
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                                                test conditions specified in G.1, and the               or cause actions that will initiate burner                DOE solicits comments from
                                                outlet water temperature shall be                       operation, the following simplified                    interested parties on all aspects of the
                                                adjusted by varying the rate of flow                    procedure may be used to measure the                   petition, including the suggested
                                                until temperature is constant at 70 ±                   hourly standby loss.                                   alternate test procedure and calculation
                                                2 °F (21 ± 1 °C) above the supply                          This test may be conducted                          methodology. Pursuant to 10 CFR
                                                temperature. After the outlet                           immediately following the thermal                      431.401(d), any person submitting
                                                temperatures becomes constant, as                       efficiency test. In this case, start the test          written comments to DOE must also


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                                                36292                           Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Notices

                                                send a copy of such comments to the                                                                Water          An alternative procedure for
                                                petitioner. The contact information for                               Model                       capacity      measuring the standby loss of tube type
                                                the petitioner is: Mr. Robert Glass, Sr.                                                           (gal.)       instantaneous water heater is included
                                                Staff Engineer, Raypak Inc., 2151                                                                               as Attachment C. Raypak Inc. believes
                                                                                                          MVB   Model   WH7–2503*      ......            10.9
                                                Eastman Avenue, Oxnard, CA 93030.                         MVB   Model   WH7–3003*      ......            11.6
                                                                                                                                                                this alternative provides a
                                                All submissions received must include                     MVB   Model   WH7–3503*      ......            12.2   representative measure of the standby
                                                the agency name and case number for                       MVB   Model   WH7–4003*      ......            12.8   loss of these models. Raypak Inc.
                                                this proceeding. Submit electronic                                                                              requests that DOE grant it a waiver to
                                                comments in WordPerfect, Microsoft                           The current Department of Energy                   use this alternative procedure in lieu of
                                                Word, Portable Document Format (PDF),                     efficiency test procedure for commercial              the standby loss procedure specified in
                                                or text (American Standard Code for                       water heaters references the relevant test            the current DOE efficiency test
                                                Information Interchange (ASCII)) file                     procedures for measuring thermal                      procedures for commercial water
                                                format and avoid the use of special                       efficiency and standby loss specified in              heaters.
                                                characters or any form of encryption.                     the standard, ANSI Z21.10.3–2011. The                 Respectfully submitted,
                                                Wherever possible, include the                            identified basic models rely on flow of               Robert Glass
                                                electronic signature of the author. DOE                   water through the heater to activate the              Sr. Staff Engineer
                                                does not accept telefacsimiles (faxes).                   burner. As will be explained below, the               Raypak Inc.
                                                  Pursuant to 10 CFR 1004.11, any                         current test procedure does not provide               2151 Eastman Avenue,
                                                person submitting information that he                     a proper representation of the standby                Oxnard, CA 93030
                                                or she believes to be confidential and                    loss of these models.                                 (805) 278–5300
                                                exempt by law from public disclosure                         The current standby loss test                      FAX (800) 872–9725
                                                should submit two copies: one copy of                                                                           www.raypak.com
                                                                                                          procedure is included as Attachment A.
                                                the document marked ‘‘confidential’’                      This procedure is designed to test tank-              Attachments—Attachment A—Current
                                                with all of the information believed to                   type water heaters which are                              Standby Loss Test Procedure
                                                be confidential included, and one copy                    thermostatically operated. The basic                  Attachment B—Other Affected
                                                of the document marked ‘‘non-                             steps of the procedure are to heat the                    Manufacturers
                                                confidential’’ with all of the information                water within the water heater, turn off               Attachment C—Proposed Alternative
                                                believed to be confidential deleted. DOE                  the burner or element and then measure                    Procedure for Measuring the
                                                will make its own determination about                     all the energy consumption that occurs                    Standby Loss of Tube Type
                                                the confidential status of the                            while the water heater is ‘‘standing by’’                 Instantaneous Water Heaters
                                                information and treat it according to its                 for approximately 24 hours with no                        Containing More than 10 Gallons
                                                determination.                                            water being withdrawn from it. The key                C: Karen Meyers—Rheem
                                                  Issued in Washington, DC, on May 31,                    measurement of the test procedure is the                  Manufacturing Co.
                                                2016.                                                     energy consumed by the burner or                       Russell Pate—Rheem Manufacturing
                                                Kathleen B. Hogan,                                        heating element when the thermostat                       Co.
                                                Deputy Assistant Secretary for Energy                     senses that the water in the tank has                 Attachment A: Current Standby Loss
                                                Efficiency, Energy Efficiency and Renewable               cooled down to the point where it needs               Test Procedure
                                                Energy.                                                   to be reheated. The current test does not
                                                                                                          address water heaters that have no                    E.2 Method of test for measuring
                                                Raypak, A Rheem Company                                                                                               standby loss
                                                                                                          means to activate the burner or heating
                                                May 5, 2015                                               element if no heated water is being                      The appliance shall be installed as
                                                U.S. Department of Energy, Building                       drawn from the unit, i.e. the standby                 specified in E.1, Method of test for
                                                    Technologies Program, MS EE–2J,                       condition.                                            measuring thermal efficiency. The gas to
                                                    Test Procedure Waiver, 1000                              The models for which Raypak Inc. is                the main burner(s) shall be turned on
                                                    Independence Avenue, SW.,                             seeking this test procedure waiver                    and the appliance put into operation.
                                                    Washington, DC 20585–0121.                            employ tube type heat exchangers and                  After the first cutout, allow the water
                                                Re: Waiver for Test Procedure for                         are designed to be flow activated. That               heater to remain in the standby mode
                                                    Commercial Water Heating                              is, the burner does not come on until                 until the next cutout. At this time record
                                                    Equipment                                             water flow through the unit is sensed.                the time, ambient temperature and begin
                                                  To Whom It May Concern: Pursuant                        Under the current standby loss test                   measuring the fuel and electric
                                                to the provisions of 10 CFR 431.401,                      procedure, the burner on these models                 consumption. Record the maximum
                                                Raypak Inc. is hereby applying for a                      will not fire at any time during the test             mean tank temperature that occurs after
                                                waiver of the standby loss test                           and the resulting standby loss                        cutout.
                                                procedure of 10 CFR .431.106 for the                      measurement would be nearly zero.                        At the end of the first 15 minute
                                                following basic model(s) of commercial                    That measurement is not representative                interval and at the end of each
                                                instantaneous water heaters containing                    of the standby loss characteristics of                subsequent 15 minute interval, the
                                                10 gallons or more of water:                              these models. Raypak Inc. believes that               mean tank temperature and the ambient
                                                                                                          the current test procedure evaluates the              air temperature shall be recorded. The
                                                                                         Water            standby loss of the identified basic                  duration of this test shall be until the
                                                            Model                       capacity          models in a manner so unrepresentative                first cutout that occurs after 24 hours or
                                                                                         (gal.)           of the true energy consumption as to                  48 hours, whichever comes first.
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                                                                                                          provide materially inaccurate                            Immediately after the conclusion of
                                                XTherm   Model   WH7–1005*                         11.8   comparative data.                                     the test, record the total fuel flow and
                                                XTherm   Model   WH7–1505*                         12.4
                                                XTherm   Model   WH7–2005*                         15.6
                                                                                                             The manufacturers of other basic                   electrical energy consumption, the final
                                                XTherm   Model   WH7–2505*                         25.0   models marketed in the United States                  ambient air temperature, and the time
                                                XTherm   Model   WH7–3005*                         26.0   known to Raypak Inc. to incorporate                   duration of the standby loss test (t) in
                                                XTherm   Model   WH7–3505*                         26.9   similar design characteristics is                     hours rounded to the nearest one
                                                XTherm   Model   WH7–4005*                         33.8   included as Attachment B.                             hundredth of an hour and the maximum


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                                                                                Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Notices                                                36293

                                                mean tank temperature that occurs after                    Determine the difference (DT3)                        The ratio of the average hourly energy
                                                cutout. Calculate the average of the                    between these two averages by                          consumption to the heat content of the
                                                recorded values of the mean tank                        subtracting the latter from the former,                stored water above room temperatures,
                                                temperatures and of the ambient air                     and the differences (DT4) between the                  in percent, rounded to the nearest one
                                                temperatures taken at the end of each                   final and initial mean tank temperatures               hundredth shall be determined by the
                                                time interval, including the initial and                by subtracting the latter from the former.             formula:
                                                final values.




                                                Where                                                   for installation on noncombustible floors,             manufacturer’s instructions. The water heater
                                                Cs = correction applied to the heating value            suitable noncombustible material shall be              shall be installed with the manufacturer’s
                                                     of a gas H, when it metered at                     placed on the platform. When the use of the            specified minimum venting length venting
                                                     temperature and/or pressure conditions             platform for a large water heater is not               arrangement.
                                                     other than the standard conditions for             practical, the water heater may be placed on           d. Water Supply
                                                     which the value of H is based;                     any suitable flooring. A wall mounted water
                                                                                                                                                                  During conduct of this test, the
                                                K = 8.25 Btu per gallon °F (4147.6331 J/I °C),          heater shall be mounted to a simulated wall
                                                                                                                                                               temperature of the supply water shall be
                                                     the nominal specific heat of water;                section.
                                                                                                           Placement in the test room shall be in an           maintained at 70 ± 2 °F (21 ± 1 °C). The
                                                Va = tank capacity expressed in gallons (L),                                                                   pressure of the water supply shall be
                                                     as determined under 5.26, Capacities of            area protected from drafts.
                                                                                                           Inlet and outlet piping shall be                    maintained between 40 psi (275.8 kPa) and
                                                     storage vessels;                                                                                          the maximum pressure specified by the
                                                H = higher heating value of gas, Btu per cu.            immediately turned vertically downward
                                                                                                        from the connections on a tank-type water              manufacturer for the appliance under test.
                                                     Ft. (MJ/m3);                                                                                              The accuracy of the pressure measuring
                                                Qs = total fuel flow as metered, cu. Ft. (m3);          heater so as to form heat traps. Any factory
                                                                                                        supplied heat traps shall be installed per the         devices shall be ±1.0 psi (6.9 kPa). For a
                                                DT3 = difference between the average value                                                                     water-tube water heater, the inlet water
                                                     of the mean tank temperature and the               installation instructions. Thermocouples for
                                                                                                        measuring inlet and outlet water                       temperature shall be maintained at the
                                                     average value of the ambient air                                                                          supply water temperature or as specified by
                                                     temperature, °F (°C);                              temperatures shall be installed before the
                                                                                                                                                               the manufacturer (see 2.1.8).
                                                DT4 = difference between the final and initial          inlet heat trap piping and after the outlet heat
                                                                                                                                                                  A tank-type water heater shall be isolated
                                                     mean tank temperature, °F (°C);                    trap piping.
                                                                                                                                                               by use of a shutoff valve in the supply line
                                                t = duration of test, hrs.;                                Water-tube water heaters shall be installed
                                                                                                        as shown in Figure 3, Arrangement for                  with an expansion tank installed in the
                                                Ec = electrical energy consumption expressed                                                                   supply line downstream of the shutoff valve.
                                                     in Btu (kJ); and                                   Testing Water-tube Type Instantaneous and
                                                                                                        Circulating Water Heaters.                             There shall be no shutoff means between the
                                                Et = thermal efficiency as determined under
                                                                                                                                                               expansion tank and the appliance inlet.
                                                     E.1, Method of test for measuring                  a. Piping Insulation
                                                     thermal efficiency.                                                                                       e. Gas Supply
                                                                                                           Insulate the water piping, including heat
                                                Attachment B:                                           traps, for a length of 4 ft (1.22 m) from the             The gas rate shall be adjusted as specified
                                                                                                        connection at the appliance with material              in 2.3.3. The outlet pressure of the gas
                                                Manufacturers of Commercial Tube Type
                                                                                                        having a thermal resistance (R) value of not           appliance pressure regulator shall be within
                                                     Water Heaters containing 10 gallons or
                                                                                                        less than                                              ± 10 percent of that recommended by the
                                                     more
                                                                                                        4 [F·ft ·hr/Btu (0.7 K·m/W)]. Care should be           manufacturer. The higher heating value of
                                                A.O. Smith Corporation, 11270 W Park Place,                                                                    the gas burned shall be obtained.
                                                                                                        taken so the insulation does not contact any
                                                   P.O. Box 245008, Milwaukee, WI 53224–
                                                                                                        appliance surface except at the location               f. Installation of Temperature Sensing Means
                                                   3623
                                                                                                        where the pipe connections penetrate the
                                                HTP, Inc., 120 Braley Rd., P.O. Box 429, East                                                                     For tank-type water heaters, six (6)
                                                                                                        appliance jacket.
                                                   Freetown, MA 02717–1125                                                                                     temperature sensing means shall be installed
                                                Laars Heating Systems Company, 20                       b. Temperature and Pressure Relief Valve               inside the storage tank on the vertical center
                                                   Industrial Way, Rochester, NH 03867–4296             Insulation                                             of each of 6 nonoverlapping sections of
                                                Lochinvar LLC, 300 Maddox Simpson Pkwy.,                   If the manufacturer has not provided a              approximately equal volume from the top to
                                                   Lebanon, TN 37090–5366                               temperature and pressure relief valve, one             the bottom of the tank. Each temperature
                                                Thermal Solutions Products, LLC, a                      shall be installed and insulated as specified          sensing means is to be located as far as
                                                   Subsidiary of Burnham Holdings, P.O.                 above.                                                 possible from any heat source or other
                                                   BOX 3244, Lancaster, PA 17604–3244                                                                          irregularity, anodic protective device, or
                                                                                                        c. Vent Requirements
                                                Attachment C                                                                                                   water tank or flue wall. The anodic protective
                                                                                                        1. Appliance Equipped With Draft Hoods                 device may be removed in order to install the
                                                AHRI Recommended Standby Loss Test                                                                             temperature sensing means and all testing
                                                                                                           All tests shall be conducted with the
                                                Procedure For Commercial Tube-Type                                                                             may be carried out with the device removed.
                                                                                                        natural draft established by the following
                                                Instantaneous Water Heaters And Hot Water                                                                         If the temperature sensing means cannot be
                                                                                                        vent pipe arrangements:
                                                Supply Boilers That Contain At Least 10                                                                        installed as specified above, placement of the
                                                                                                           A vertically discharging vent connection
                                                Gallons Of Water                                                                                               temperature sensing means shall be made at
                                                                                                        shall have attached to and vertically above it,
                                                Z21.10.3–2012                                                                                                  the discretion of the testing agency so
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                                                                                                        5 ft (1.52 m) of vent pipe the same size as
                                                Exhibit E Efficiency Test Procedures                    the outlet. If the vent does not discharge             comparable water temperature measurements
                                                                                                        vertically, a suitable elbow shall be installed        may be obtained.
                                                E.1 Method Of Test For Measuring Thermal                                                                          A temperature sensing means, shielded
                                                Efficiency                                              first.
                                                                                                                                                               against direct radiation and positioned at the
                                                   A water heater for installation on                   2. Direct Vent Appliances and Mechanically             vertical midpoint of the water heater at a
                                                combustible floors shall be placed on                   Vented                                                 perpendicular distance of approximately 24
                                                3⁄4 in (1.9 cm) plywood platform supported                The appliance shall be installed with the            in (610 mm) from the surface of the jacket,
                                                                                                                                                                                                                EN06JN16.001</GPH>




                                                by three 2 x 4 runners. If the water heater is          venting arrangement specified in the                   shall be installed in the test room.



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                                                36294                           Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Notices

                                                g. Setting Tank Thermostat                                   (m3);                                                Calculate the average of the ambient
                                                   Before starting testing of a tank-type water         Cs = correction applied to the heating value           air temperatures and the supply water
                                                heater, the setting of the thermostat shall first            H, when it is metered at temperature              temperatures taken at the end of each
                                                be obtained by starting with the water in the                and/or pressure conditions other than             time interval, including the initial and
                                                system at 70 ± 2 °F (21 ± 1 °C) and noting                   the standard conditions. At which the
                                                                                                             heating value of gas is specified
                                                                                                                                                               final values.
                                                the maximum mean temperature of the water                                                                         The average hourly standby loss, S,
                                                after the thermostat reduces the gas supply to               [normally 30 inches mercury column
                                                                                                             (101.3 kPa) and 60 °F (15.5 °C)];                 rounded to the nearest Btu per hour,
                                                a minimum. The temperature shall be 140 ±
                                                                                                        H = total heating value of gas, Btu per cu. ft.        shall be determined by the formula:
                                                5 °F (60 ± 3 °C).
                                                                                                             (MJ/m3); and                                      S = [(Cs(Qs)(H) + Ec)/t] ¥ [(DT4)/
                                                h. Energy Consumption                                   Ec = electrical consumption of the water                    (DT3)(t)Et ]
                                                   Instrumentation shall be installed which                  heater and, when used, the test setup             where
                                                determines, within ± 1 percent:                              recirculating pump, specified in Btu (kJ).
                                                   1. The quantity and rate of gas consumed.                                                                   Cs = correction applied to the heating value
                                                   2. The quantity of electricity consumed by           Standby Loss for tank type water heaters                    of a gas H, when it is metered at
                                                factory supplied water heater components,               shall be determined using Appendix E.2                      temperature and/or pressure conditions
                                                and of the test loop recirculating pump, if                                                                         other than the standard conditions for
                                                                                                        Standby Loss for tube type water heaters                    which the value of H is based;
                                                used.
                                                                                                        that contain 10 or more gallons within                 H = higher heating value of gas, Btu per cu.
                                                i. Room Ambient Temperature                             the water heater, as determined under                       ft. (MJ/m3);
                                                   The ambient air temperature of the test              5.27, shall be determined using                        Qs = total fuel flow as metered, cu. ft. (m3);
                                                room shall be maintained at 75 ± 10 °F (24              Appendix E.3                                           DT3 = difference between the outlet
                                                ± 5.5 °C), as measured by the test room                                                                             temperature and the average value of the
                                                temperature sensing means described in ‘‘-f’’           E.3 Method Of Test For Measuring                            ambient air temperature, °F (°C);
                                                above.                                                  Standby Loss For Tube Type                             DT4 = difference between the average supply
                                                   The ambient air temperatures shall be                Instantaneous Water Heaters With 10                         water temperature and the outlet
                                                measured at 15 minute intervals during                  or Greater Gallons of Storage                               temperature, °F (°C);
                                                conduct of this test. The room temperature                                                                     t = duration of test, hrs.;
                                                shall not vary more than ± 7.0 °F (± 4°C) from             The appliance shall be installed as                 Ec = electrical energy consumption expressed
                                                the average during the test, temperature                specified in G.1, Method of Test for                        in Btu (kJ); and
                                                readings being taken by means of a recording            Measuring Thermal Efficiency. This test                Et = thermal efficiency as determined under
                                                thermometer at 15 minute intervals and                  may be conducted immediately                                G1, Method of Test for Measuring
                                                averaged at the end of the test.                        following the thermal efficiency test. In                   Thermal Efficiency
                                                j. Efficiency Measurement                               this case, start the test after the main                  If the main burner(s) does not cycle
                                                   The outlet water temperature shall be                burner(s) has shut down and, if                        on during this test, the hourly average
                                                adjusted by varying the rate of flow until              applicable, the water pump has shut                    standby loss calculation simplifies to:
                                                temperature is constant at 70 ±2 °F (21 ± 1             down. Otherwise, the water heater shall                S = {(K(Va)(DT4)/Et) + Ec }/t
                                                °C) above the supply temperature. After the             be put into operation under the same
                                                outlet temperature has become constant, as              test conditions specified in G.1, and the                 For water heaters that will not initiate
                                                indicated by no variation in excess of 2 °F             outlet water temperature shall be                      or cause actions that will initiate burner
                                                (1 °C) over a 3 minute period, the outlet               adjusted by varying the rate of flow                   operation, the following simplified
                                                water shall be diverted from the waste line             until temperature is constant at 70 ± 2                procedure may be used to measure the
                                                to a weighing container. A scale with an error
                                                                                                        °F (21 ± 1 °C) above the supply                        hourly standby loss.
                                                no greater than 1 percent of the total draw                                                                       This test may be conducted
                                                shall be used. Water shall be allowed to flow           temperature. After the outlet
                                                                                                                                                               immediately following the thermal
                                                into the weighing container for exactly 30              temperatures becomes constant, as
                                                                                                                                                               efficiency test. In this case, start the test
                                                minutes. The gas consumption and electrical             indicated by no variation in excess of 2
                                                                                                                                                               after the main burner(s) has shut down
                                                power consumption of factory supplied                   °F (1 °C) over a 3 minute period, shut
                                                                                                                                                               and, if applicable, the water pump has
                                                heater components and of the test loop-                 down the main burner(s) and, if
                                                recirculating pump, if used, shall be                                                                          shut down. Otherwise provide the
                                                                                                        applicable, wait for the water pump to
                                                measured for the 30 minute period. At this                                                                     electrical connection as specified in G.1,
                                                                                                        shut down, and then start the test.
                                                time, the outlet water shall be diverted back              At the start of the test, record the                Method of Test for Measuring Thermal
                                                into the waste line, the meter readings noted,          time, ambient temperature, outlet water                Efficiency, and start the test.
                                                and the weight of heater water recorded.
                                                                                                        temperature, supply water temperature,                    At the start of the test, record the time
                                                Throughout the period of test, supply and                                                                      and begin measuring the electric
                                                outlet water temperatures shall be recorded             and begin measuring the fuel and
                                                                                                        electric consumption.                                  consumption for one hour. Record the
                                                every minute. The temperature, pressure and                                                                    duration of the test and the total
                                                heating value of the gas metered and                       During the first hour, outlet water
                                                                                                        temperature, supply water temperature                  electrical consumption during the test.
                                                barometric pressure shall be obtained.
                                                                                                        and the ambient air temperature shall be                  The average hourly standby loss, S,
                                                   A water meter with an error no greater than
                                                1 percent of the total draw may be used                 measured at the end of each 5 minute                   rounded to the nearest Btu per hour,
                                                instead of the scale and weighing container.            interval. For the remainder of the test,               shall be determined by the formula:
                                                   Thermal efficiency, Et, shall be computed            these measurements shall be made at                    S = [((DT5 k Va / Et)/24) +Ec]
                                                by use of the following formula:                        the end of every 15 minute interval. The               Where:
                                                Et = (KW (q2 ¥ q1)/[(CF × Q × H) + Ec]) × 100                                                                  DT5 = 70 °F (38.9 °C), difference between the
                                                                                                        duration of this test shall be 24 hours.
                                                where                                                   If the main burner is firing at 24 hours,                   supply and outlet water temperatures;
                                                K = 1.004 Btu per pound mass degree F (4184             continue the test until the main burner                k= 8.25 Btu/gallon °F (4147.6331 J/l °C), the
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                                                      J/kg °C), nominal specific heat of water          and the water pump, if applicable, have                     nominal specific heat of water;
                                                      at 105 °F;                                                                                               Va = water contained in the water heater
                                                W = total weight of water heated, lbs. (kg);
                                                                                                        shut down.                                                  expressed in gallons (L), as determined
                                                q1 = average temperature of supply water, °F
                                                                                                           Immediately after the conclusion of                      under 5.27;
                                                      (°C);                                             the test, record the total fuel flow and               Ec = electrical energy consumption expressed
                                                q2 = average temperature of outlet water, °F            electrical energy consumption, the final                    in Btu (kJ); and
                                                      (°C);                                             ambient air temperature, and the final                 Et = thermal efficiency as determined under
                                                Q = total gas consumed as metered, cu. ft.              outlet water temperature.                                   G1, Method of Test for Measuring



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                                                                                Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Notices                                                     36295

                                                Thermal Efficiency.                                     Washington, DC 20585–0121.                             this notice.2 Part C specifically includes
                                                [FR Doc. 2016–13252 Filed 6–3–16; 8:45 am]              Telephone: (202) 586–2945. If possible,                definitions (42 U.S.C. 6311), energy
                                                BILLING CODE 6450–01–P                                  please submit all items on a compact                   conservation standards (42 U.S.C 6313),
                                                                                                        disc (CD), in which case it is not                     test procedures (42 U.S.C. 6314),
                                                                                                        necessary to include printed copies.                   labeling provisions (42 U.S.C. 6315),
                                                DEPARTMENT OF ENERGY                                      • Hand Delivery/Courier: Ms. Brenda                  and the authority to require information
                                                                                                        Edwards, U.S. Department of Energy,                    and reports from manufacturers. (42
                                                Office of Energy Efficiency and                         Building Technologies Office, 950                      U.S.C. 6316) With respect to test
                                                Renewable Energy                                        L’Enfant Plaza SW., Suite 600,                         procedures, Part C authorizes the
                                                [Case No. WH–002]                                       Washington, DC 20024. If possible,                     Secretary of Energy (the Secretary) to
                                                                                                        please submit all items on a CD, in                    prescribe test procedures that are
                                                Notice of Petition for Waiver of HTP,                   which case it is not necessary to include              reasonably designed to produce results
                                                Inc. From the Department of Energy                      printed copies.                                        that measure energy efficiency, energy
                                                Commercial Water Heater Test                              Docket: The docket, which includes                   use, and estimated annual operating
                                                Procedure                                               Federal Register notices, comments,                    costs during a representative average-
                                                                                                        and other supporting documents/                        use cycle, and that are not unduly
                                                AGENCY:  Office of Energy Efficiency and
                                                                                                        materials, is available for review at                  burdensome to conduct. (42 U.S.C.
                                                Renewable Energy, Department of
                                                                                                        www.regulations.gov. All documents in                  6314(a)(2)) EPCA also directs DOE to
                                                Energy.
                                                                                                        the docket are listed in the                           consider amending the existing test
                                                ACTION: Notice of petition for waiver and
                                                                                                        www.regulations.gov index. However,                    procedure for each type of equipment
                                                request for public comments.                                                                                   listed each time the industry test
                                                                                                        some documents listed in the index,
                                                SUMMARY:    This notice announces receipt               such as those containing information                   procedure is amended for such
                                                of and publishes a petition for waiver                  that is exempt from public disclosure,                 equipment. (42 U.S.C. 6314(a)(4)) The
                                                from HTP, Inc. (HTP) seeking an                         may not be publicly available.                         test procedure for commercial water
                                                exemption from specified provisions                       For further information on how to                    heaters is contained in the Code of
                                                applicable to standby loss of the U.S.                  submit a comment, or review other                      Federal Regulations (CFR) at 10 CFR
                                                Department of Energy (DOE) test                         public comments and the docket,                        part 431, subpart G.
                                                procedure for commercial water heating                  contact Ms. Brenda Edwards at (202)                       DOE’s regulations set forth at 10 CFR
                                                equipment. The waiver request pertains                  586–2945 or by email:                                  431.401 contain provisions that permit
                                                to HTP’s specified models of                            Brenda.Edwards@ee.doe.gov.                             a person to seek a waiver from the test
                                                commercial instantaneous water heaters                                                                         procedure requirements for covered
                                                                                                        FOR FURTHER INFORMATION CONTACT: Mr.                   equipment if at least one of the
                                                containing 10 gallons or more of water.
                                                                                                        Bryan Berringer, U.S. Department of                    following conditions is met: (1) The
                                                In its petition, HTP contends that its
                                                                                                        Energy, Building Technologies Office,                  basic model contains one or more
                                                specified water heater models that
                                                                                                        Mail Stop EE–5B, 1000 Independence                     design characteristics that prevent
                                                employ tube-type heat exchangers and
                                                                                                        Avenue SW., Washington, DC 20585–                      testing according to the prescribed test
                                                are designed to be flow activated cannot
                                                                                                        0121. Telephone: (202) 586–0371.                       procedures; or (2) the prescribed test
                                                be accurately tested using the currently
                                                                                                        Email: Bryan.Berringer@ee.doe.gov.                     procedures may evaluate the basic
                                                applicable DOE test procedure.
                                                Consequently, HTP seeks to use an                         Mr. Eric Stas, U.S. Department of                    model in a manner so unrepresentative
                                                alternate test procedure to address                     Energy, Office of the General Counsel,                 of its true energy consumption as to
                                                certain issues involved in testing the                  GC–33, 1000 Independence Avenue                        provide materially inaccurate
                                                specific basic models identified in its                 SW., Washington, DC 20585–0121.                        comparative data. 10 CFR 431.401(a)(1).
                                                petition. DOE solicits comments, data,                  Telephone: (202) 586–9507. Email:                      A petitioner must include in its petition
                                                and information concerning HTP’s                        Eric.Stas@hq.doe.gov.                                  any alternate test procedures known to
                                                petition and its suggested alternate test                 For information on how to submit or                  the petitioner to evaluate the basic
                                                procedure.                                              review public comments, contact Ms.                    model in a manner representative of its
                                                DATES: DOE will accept comments, data,                  Brenda Edwards, U.S. Department of                     energy consumption. 10 CFR
                                                and information with respect to the HTP                 Energy, Office of Energy Efficiency and                431.401(b)(1)(iii). DOE may grant a
                                                Petition until July 6, 2016.                            Renewable Energy, Building                             waiver subject to conditions, including
                                                                                                        Technologies Office, Mailstop EE–5B,                   adherence to alternate test procedures.
                                                ADDRESSES: You may submit comments,
                                                                                                        1000 Independence Avenue SW.,                          10 CFR 431.401(f)(2). As soon as
                                                identified by case number WH–002, by
                                                                                                        Washington, DC 20585–0121.                             practicable after the granting of any
                                                any of the following methods:
                                                   • Federal eRulemaking Portal: http://                Telephone: (202) 586–2945. Email:                      waiver, DOE will publish in the Federal
                                                www.regulations.gov. Follow the                         Brenda.Edwards@ee.doe.gov.                             Register a notice of proposed
                                                instructions for submitting comments.                   SUPPLEMENTARY INFORMATION:                             rulemaking to amend its regulations so
                                                   • Email: AS_Waiver_Requests@                                                                                as to eliminate any need for the
                                                                                                        I. Background and Authority                            continuation of such waiver. As soon
                                                ee.doe.gov. Include the case number
                                                [Case No. WH–002] in the subject line                     Title III, Part C 1 of the Energy Policy             thereafter as practicable, DOE will
                                                of the message. Submit electronic                       and Conservation Act of 1975 (EPCA),                   publish in the Federal Register a final
                                                comments in WordPerfect, Microsoft                      Public Law 94–163 (42 U.S.C. 6311–                     rule. 10 CFR 431.401(l).
                                                Word, PDF, or ASCII file format, and                    6317, as codified), added by Public Law
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                                                                                                                                                               II. Petition for Waiver of Test Procedure
                                                avoid the use of special characters or                  95–619, established the Energy
                                                any form of encryption.                                 Conservation Program for Certain                         On February 17, 2015, HTP filed a
                                                   • Postal Mail: Ms. Brenda Edwards,                   Industrial Equipment, which includes                   petition for waiver from the DOE test
                                                U.S. Department of Energy, Building                     commercial water heaters, the focus of                   2 All references to EPCA in this document refer
                                                Technologies Office, Mailstop EE–5B,                                                                           to the statute as amended through the Energy
                                                Petition for Waiver Case No. WH–002,                      1 For editorial reasons, upon codification in the    Efficiency Improvement Act of 2015 (EEIA 2015),
                                                1000 Independence Avenue SW.,                           U.S. Code, Part C was re-designated Part A–1.          Public Law 114–11 (April 30, 2015).



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Document Created: 2016-06-04 00:16:43
Document Modified: 2016-06-04 00:16:43
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of petition for waiver and request for public comments.
DatesDOE will accept comments, data, and information with respect to the Raypak Petition until July 6, 2016.
ContactMr. Bryan Berringer, U.S. Department of Energy, Building Technologies Office, Mail Stop EE-5B, 1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202) 586-0371. Email: [email protected] 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: [email protected]
FR Citation81 FR 36288 

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