Notice of Petition for Waiver of HTP, Inc. From the Department of Energy Commercial Water Heater Test Procedure, 36295-36300 [2016-13245]

Agencies

• DEPARTMENT OF ENERGY
• Office of Energy Efficiency and Renewable Energy

[Federal Register Volume 81, Number 108 (Monday, June 6, 2016)]
[Notices]
[Pages 36295-36300]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13245]


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

DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. WH-002]


Notice of Petition for Waiver of HTP, 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.

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

SUMMARY: This notice announces receipt of and publishes a petition for 
waiver from HTP, Inc. (HTP) 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 HTP's specified models of commercial instantaneous 
water heaters containing 10 gallons or more of water. In its petition, 
HTP 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, HTP 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 HTP's petition and its suggested alternate test procedure.

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

ADDRESSES: You may submit comments, identified by case number WH-002, 
by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Email: AS_Waiver_Requests@ee.doe.gov. Include the case 
number [Case No. WH-002] 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-002, 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.
     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: Brenda.Edwards@ee.doe.gov.

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: Bryan.Berringer@ee.doe.gov.
    Mr. Eric Stas, U.S. Department of Energy, Office of the General 
Counsel, GC-33, 1000 Independence Avenue SW., Washington, DC 20585-
0121. Telephone: (202) 586-9507. Email: Eric.Stas@hq.doe.gov.
    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: Brenda.Edwards@ee.doe.gov.

SUPPLEMENTARY INFORMATION:

I. Background and Authority

    Title III, Part C \1\ of the Energy Policy and Conservation Act of 
1975 (EPCA), Public Law 94-163 (42 U.S.C. 6311-6317, as codified), 
added by Public Law 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.
---------------------------------------------------------------------------

    \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), Public Law 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 February 17, 2015, HTP filed a petition for waiver from the DOE 
test

[[Page 36296]]

procedure at 10 CFR 431.106 to measure standby loss of commercial water 
heating equipment. This petition addresses HTP'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, HTP 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 HTP 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, HTP 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. HTP 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 HTP 
in a subsequent Decision and Order.
    HTP 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, HTP has 
submitted the following alternate test procedure to accurately 
represent the standby loss of its 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 [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

[[Page 36297]]

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 [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


[[Page 36298]]


    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 HTP's petition:

ModCon1000VWH
ModCon1700VWH

IV. Summary and Request for Comments

    Through this notice, DOE announces receipt of and is publishing 
HTP's petition for waiver from the DOE test procedure for commercial 
water heaters for its ModCon 1000VWH and ModCon 1700VWH 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 HTP'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 send a copy of such 
comments to the petitioner. The contact information for the petitioner 
is: Mr. Aleksandr Kovalenko, Director of Engineering, HTP, Inc., P.O. 
Box 429, 120 Braley Road, East Freetown, MA 02717. 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.

HTP
Advanced Heating and Hot water Systems
P.O. Box 429
120 Braley Road
East Freetown, MA 02717
508-763-8071
FAX: 508-763-3769

February 17, 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, HTP, 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.

ModCon1000VWH
ModCon1700VWH

    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 model(s) 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 HTP, 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. HTP, Inc. believes that the current 
test procedure evaluates the standby loss of the identified basic 
model(s) in a manner so unrepresentative of the true energy consumption 
as to provide materially inaccurate comparative data.
    The manufacturers of all other basic models marketed in the United 
States known to HTP, Inc. do 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. HTP, Inc. 
believes this

[[Page 36299]]

alternative provides a representative measure of the standby loss of 
these models. HTP, 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,

Aleksandr Kovalenko
Director of Engineering
HTP, Inc.

Attachment A: [Excerpts from DOE's current commercial water heater 
regulations at 10 CFR 431.100-110. Not reproduced here.]

Attachment B:

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

A.O. Smith Corporation
11270 W Park Place
PO Box 245008
Milwaukee, WI 53224-3623

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
PO 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.
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.

[[Page 36300]]

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 E.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 E.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 E.1, 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 E.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 E.1, Method of Test for 
Measuring Thermal Efficiency.
[FR Doc. 2016-13245 Filed 6-3-16; 8:45 am]
 BILLING CODE 6450-01-P