Notice of Petition for Waiver of Thermal Solutions Products, LLC From the Department of Energy Commercial Water Heater Test Procedure, 36284-36288 [2016-13251]

Download as PDF 36284 Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Notices email: pencerl@id.doe.gov or visit the Board’s Internet home page at: https:// inlcab.energy.gov/. DEPARTMENT OF ENERGY President’s Council of Advisors on Science and Technology Open Teleconference; Cancellation SUPPLEMENTARY INFORMATION: Department of Energy. ACTION: Notice of cancellation of open teleconference. AGENCY: On May 23, 2016, the Department of Energy (DOE) published a notice of open meeting announcing a teleconference on June 6, 2016, of the President’s Council of Advisors on Science and Technology. This notice announces the cancellation of this meeting. DATES: The teleconference scheduled for June 6, 2016, announced in the May 23, 2016, issue of the Federal Register (81 FR 32319), is cancelled. FOR FURTHER INFORMATION CONTACT: Jennifer Michael at Jennifer_L_Michael@ ostp.eop.gov or (202) 456–4444. SUMMARY: Issued at Washington, DC, on May 27, 2016. LaTanya R. Butler, Deputy Committee Management Officer. [FR Doc. 2016–13300 Filed 6–3–16; 8:45 am] BILLING CODE 6450–01–P DEPARTMENT OF ENERGY Environmental Management SiteSpecific Advisory Board, Idaho National Laboratory Department of Energy. Notice of open meeting. AGENCY: ACTION: This notice announces a meeting of the Environmental Management Site-Specific Advisory Board (EM SSAB), Idaho National Laboratory. The Federal Advisory Committee Act (Pub. L. 92–463, 86 Stat. 770) requires that public notice of this meeting be announced in the Federal Register. DATES: Thursday, June 23, 2016 8:00 a.m.–3:45 p.m. The opportunity for public comment is at 11:15 a.m. and 2:45 p.m. This time is subject to change; please contact the Federal Coordinator (below) for confirmation of times prior to the meeting. ADDRESSES: Hilton Garden Inn, 700 Lindsay Boulevard, Idaho Falls, ID 83402. FOR FURTHER INFORMATION CONTACT: Robert L. Pence, Federal Coordinator, Department of Energy, Idaho Operations Office, 1955 Fremont Avenue, MS– 1203, Idaho Falls, Idaho 83415. Phone (208) 526–6518; Fax (208) 526–8789 or sradovich on DSK3TPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 16:36 Jun 03, 2016 Jkt 238001 Purpose of the Board: The purpose of the Board is to make recommendations to DOE–EM and site management in the areas of environmental restoration, waste management, and related activities. Tentative Topics (agenda topics may change up to the day of the meeting; please contact Robert L. Pence for the most current agenda): • Recent Public Involvement • Idaho Cleanup Project Overview • Update on Integrated Waste Treatment Unit (IWTU) • Update on Waste Isolation Pilot Plant (WIPP) • Future of the Cleanup Program • Spent Fuel • Waste Transportation • EM SSAB Chairs’ Proposed Recommendations: Supplemental Environmental Projects (SEPs), EM SSAB Funding, and Community Investment as a Factor in the Contract Proposal Evaluation Process Public Participation: The EM SSAB, Idaho National Laboratory, welcomes the attendance of the public at its advisory committee meetings and will make every effort to accommodate persons with physical disabilities or special needs. If you require special accommodations due to a disability, please contact Robert L. Pence at least seven days in advance of the meeting at the phone number listed above. Written statements may be filed with the Board either before or after the meeting. Individuals who wish to make oral presentations pertaining to agenda items should contact Robert L. Pence at the address or telephone number listed above. The request must be received five days prior to the meeting and reasonable provision will be made to include the presentation in the agenda. The Deputy Designated Federal Officer is empowered to conduct the meeting in a fashion that will facilitate the orderly conduct of business. Individuals wishing to make public comments will be provided a maximum of five minutes to present their comments. Minutes: Minutes will be available by writing or calling Robert L. Pence, Federal Coordinator, at the address and phone number listed above. Minutes will also be available at the following Web site: https://inlcab.energy.gov/ pages/meetings.php. PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 Issued at Washington, DC, on May 27, 2016. LaTanya R. Butler, Deputy Committee Management Officer. [FR Doc. 2016–13264 Filed 6–3–16; 8:45 am] BILLING CODE 6450–01–P DEPARTMENT OF ENERGY Methane Hydrate Advisory Committee Meeting; Cancellation Department of Energy. Notice of cancellation of open meeting. AGENCY: ACTION: On Mary 11, 2016, the Department of Energy (DOE) published a notice of open meeting announcing a meeting on June 8, 2016, of the Methane Hydrate Advisory Committee. This notice announces the cancellation of this meeting. The meeting is being cancelled because the board will not have a quorum due to scheduling conflicts by members and presenters. DATES: The meeting scheduled for June 8, 2016, announced in the May 11, 2016, issue of the Federal Register (81 FR 29257), is cancelled. FOR FURTHER INFORMATION CONTACT: Lou Capitanio, U.S. Department of Energy, Office of Oil and Natural Gas, 1000 Independence Avenue SW., Washington, DC 20585; Phone: (202) 586–5098. SUMMARY: Issued at Washington, DC, on May 27, 2016. LaTanya R. Butler, Deputy Committee Management Officer. [FR Doc. 2016–13298 Filed 6–3–16; 8:45 am] BILLING CODE 6450–01–P DEPARTMENT OF ENERGY Office of Energy Efficiency and Renewable Energy [Case No. WH–003] Notice of Petition for Waiver of Thermal Solutions Products, LLC From the Department of Energy Commercial Water Heater Test Procedure Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Notice of Petition for Waiver and Request for Public Comments. AGENCY: This notice announces receipt of and publishes a petition for waiver from Thermal Solutions Products, LLC (Thermal Solutions) seeking an exemption from specified provisions applicable to standby loss of the U.S. Department of Energy (DOE) test SUMMARY: E:\FR\FM\06JNN1.SGM 06JNN1 sradovich on DSK3TPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Notices procedure for commercial water heating equipment. The waiver request pertains to Thermal Solutions’ specified models of commercial instantaneous water heaters containing 10 gallons or more of water. In its petition, Thermal Solutions 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, Thermal Solutions 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 Thermal Solutions’ petition and its suggested alternate test procedure. DATES: DOE will accept comments, data, and information with respect to the Thermal Solutions Petition until July 6, 2016. ADDRESSES: You may submit comments, identified by case number WH–003, 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–003] 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–003, 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 VerDate Sep<11>2014 16:36 Jun 03, 2016 Jkt 238001 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 averageuse 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 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). PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 36285 heaters is contained in the Code of Federal Regulations (CFR) at 10 CFR part 431, subpart G. 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 March 9, 2015, Thermal Solutions 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 Thermal Solutions’ 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, Thermal Solutions 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 tanktype water heaters which are thermostatically operated. The models E:\FR\FM\06JNN1.SGM 06JNN1 36286 Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Notices for which Thermal Solutions is seeking this test procedure waiver employ tubetype heat exchangers and are designed to be flow activated. To address the apparent shortcomings of ANSI Z21.10.3–2011, Thermal Solutions has submitted to DOE an alternate test procedure for measuring the standby loss of tube-type instantaneous water heaters, as addressed in sections 5.26, 5.27 and E.3 of ANSI Z21.10.3–2013, Gas-Fired Water Heaters, Volume III, Storage Water Heaters, With Input Ratings Above 75,000 Btu Per Hour, Circulating and Instantaneous. Thermal Solutions 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 Thermal Solutions in a subsequent Decision and Order. Thermal Solutions has submitted to DOE an alternate test procedure for measuring the standby loss of tube-type instantaneous water heaters as addressed in ANSI Z21.10.3–2013 sections 5.26, 5.27, and E.3. Specifically, Thermal Solutions 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: Note: The following alternate test procedure is presented in the context of proposed changes to the referenced portions of ANSI Z21.10.3–2013. sradovich on DSK3TPTVN1PROD with NOTICES 5.26 Capacities of Storage Vessels For a water heater including a storage vessel, or any water heater having an input rating of less than 4000 Btu/hr per gallon (1112 kJ/L) of capacity, the storage capacity shall be within ± 5.0 percent of the manufacturer’s rated volume. VerDate Sep<11>2014 16:36 Jun 03, 2016 Jkt 238001 Method of Test The storage capacity shall be determined by weighing the system when dry and empty and reweighing it when full or by filling the system with water, the weight of which has been predetermined. The capacity shall then be computed in gallons and compared with the manufacturer’s rated volume. 5.27 Capacities of Tube Type Water Heaters The amount of water contained in a tube type water heater or in a water heater which has not been tested under 5.26 shall be determined if it is 10 gallons or more. Method of Test The volume of water contained within the water heater shall be determined. This determination shall include all water contained within the unit from the inlet connection to the outlet connection but not the capacity of any separate storage vessels. The volume of water contained within the water heater shall then be computed in gallons. Note: The following proposed wording would be added to Annex E: Efficiency Test Procedures of ANSI Z21.10.3–2013. 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 °F (21 ± 1°C) above the supply temperature. After the outlet temperatures becomes constant, as indicated by no variation in excess of 2 °F (1 °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 PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 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]¥[(DT4)/(DT3)(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); DT3 = difference between the outlet temperature and the average value of the ambient air temperature, °F (°C); DT4 = difference between the average supply water temperature and the outlet temperature, °F (°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)(DT4)/Et) + Ec }/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 = [(((DT5) k Va/(Et))/24) +Ec] Where: DT5 = 70 °F (38.9 °C), difference between the supply and outlet water temperatures; k= 8.25 Btu/gallon °F (4147.6331 J/l°C), the nominal specific heat of water; Va = water contained in the water heater expressed in gallons (L), as determined E:\FR\FM\06JNN1.SGM 06JNN1 Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Notices sradovich on DSK3TPTVN1PROD with NOTICES 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. The following basic models are included in Thermal Solutions’ petition: EV(A,S,O)0750W**-*A* EV(A,S,O)1000W**-*A* EV(A,S,O)1500W**-*A* EV(A,S,O)2000W**-*A* IV. Summary and Request for Comments Through this notice, DOE announces receipt of and is publishing Thermal Solutions’ petition for waiver from the DOE test procedure for commercial water heaters for its EV(A,S,O)0750W**-*A*, EV(A,S,O)1000W**-*A*, EV(A,S,O)1500W**-*A*, and EV(A,S,O)2000W**-*A* 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 Thermal Solutions’ 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. Randy Witmer, Engineering Manager, Thermal Solutions Products, LLC, P.O. Box 3244, Lancaster, PA 17604–3244. 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 VerDate Sep<11>2014 16:36 Jun 03, 2016 Jkt 238001 of the document marked ‘‘nonconfidential’’ 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. March 9, 2015 U.S. Department of Energy Building Technologies Program 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, Thermal Solutions Products, LLC is hereby applying for a waiver of the standby loss test procedure of 10 CFR 431.106 for the following basic models of commercial instantaneous water heaters containing 10 gallons or more of water (sold under the Thermal Solutions brand name): • EV(A,S,O)0750W**-*A* • EV(A,S,O)1000W**-*A* • EV(A,S,O)1500W**-*A* • EV(A,S,O)2000W**-*A* 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 described in Exhibit G.2 of ANSI Z21.10.3– 2011. This procedure is designed to test tanktype 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 Thermal Solutions Products, LLC is seeking this test procedure waiver employ tube type heat exchangers and are designed to be flow activated. That is, the burner does not turn 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 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 36287 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. Thermal Solutions Products, LLC 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. A list of manufacturers of all other basic models marketed in the United States known to Thermal Solutions Products, LLC to incorporate similar design characteristics is included as Attachment A. An alternative procedure for measuring the standby loss of tube type instantaneous water heaters is included as Attachment B. This alternative procedure is presented as a proposed revision to the ANSI Z21.10.3-2013 standard, with modified and additional wording to address testing of these particular models. Thermal Solutions Products, LLC believes this alternative provides a representative measure of the standby loss of these models. Thermal Solutions Products, LLC 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, Randy Witmer Engineering Manager Thermal Solutions Products, LLC Attachment A: Manufacturers of Commercial Tube Type Water Heaters Containing 10 Gallons of Water or More A.O. Smith Corporation 11270 W Park Place PO 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 Attachment B: Proposed Alternate Standby Loss Test Procedure for Commercial Tube Type Water Heaters Containing 10 Gallons of Water or More Note: The following alternate test procedure is presented in the context of proposed changes to the referenced portions of ANSI Z21.10.3–2013. 5.26 Capacities Of Storage Vessels For a water heater including a storage vessel, or any water heater having an input rating of less than 4000 Btu/hr per gallon (1112 kJ/L) of capacity, the storage capacity shall be within ± 5.0 percent of the manufacturer’s rated volume. Method of Test The storage capacity shall be determined by weighing the system when dry and empty and reweighing it when full or by filling the system with water, the weight of which has E:\FR\FM\06JNN1.SGM 06JNN1 36288 Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Notices been predetermined. The capacity shall then be computed in gallons and compared with the manufacturer’s rated volume. sradovich on DSK3TPTVN1PROD with NOTICES 5.27 Capacities of Tube Type Water Heaters The amount of water contained in a tube type water heater or in a water heater which has not been tested under 5.26 shall be determined if it is 10 gallons or more. Method of Test The volume of water contained within the water heater shall be determined. This determination shall include all water contained within the unit from the inlet connection to the outlet connection but not the capacity of any separate storage vessels. The volume of water contained within the water heater shall then be computed in gallons. Note: The following proposed wording would be added to Annex E: Efficiency Test Procedures of ANSI Z21.10.3–2013. 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 °F (21 ± 1°C) above the supply temperature. After the outlet temperatures becomes constant, as indicated by no variation in excess of 2 °F (1°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 VerDate Sep<11>2014 16:36 Jun 03, 2016 Jkt 238001 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]¥[(DT4)/(DT3)(t)Et] DEPARTMENT OF ENERGY 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); DT3 = difference between the outlet temperature and the average value of the ambient air temperature, °F (°C); DT4 = difference between the average supply water temperature and the outlet temperature, °F (°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)(DT4)/Et) + Ec }/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 = [(((DT5) k Va/(Et))/24) +Ec] Where: DT5 = 70 °F (38.9°C), difference between the supply and outlet water temperatures; k= 8.25 Btu/gallon °F (4147.6331 J/l°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. Notice of Petition for Waiver of Raypak Inc. From the Department of Energy Commercial Water Heater Test Procedure [FR Doc. 2016–13251 Filed 6–3–16; 8:45 am] BILLING CODE 6450–01–P PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 Office of Energy Efficiency and Renewable Energy [Case No. WH–004] Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Notice of petition for waiver and request for public comments. AGENCY: 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: https:// www.regulations.gov. Follow the instructions for submitting comments. • Email: AS_Waiver_Requests@ ee.doe.gov. 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. SUMMARY: E:\FR\FM\06JNN1.SGM 06JNN1

Agencies

[Federal Register Volume 81, Number 108 (Monday, June 6, 2016)]
[Notices]
[Pages 36284-36288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13251]


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

DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. WH-003]


Notice of Petition for Waiver of Thermal Solutions Products, LLC 
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 Thermal Solutions Products, LLC (Thermal Solutions) seeking 
an exemption from specified provisions applicable to standby loss of 
the U.S. Department of Energy (DOE) test

[[Page 36285]]

procedure for commercial water heating equipment. The waiver request 
pertains to Thermal Solutions' specified models of commercial 
instantaneous water heaters containing 10 gallons or more of water. In 
its petition, Thermal Solutions 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, Thermal Solutions 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 Thermal Solutions' 
petition and its suggested alternate test procedure.

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

ADDRESSES: You may submit comments, identified by case number WH-003, 
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-003] 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-003, 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 March 9, 2015, Thermal Solutions 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 Thermal 
Solutions' 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, Thermal Solutions 
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

[[Page 36286]]

for which Thermal Solutions 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, Thermal 
Solutions has submitted to DOE an alternate test procedure for 
measuring the standby loss of tube-type instantaneous water heaters, as 
addressed in sections 5.26, 5.27 and E.3 of ANSI Z21.10.3-2013, Gas-
Fired Water Heaters, Volume III, Storage Water Heaters, With Input 
Ratings Above 75,000 Btu Per Hour, Circulating and Instantaneous. 
Thermal Solutions 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 
Thermal Solutions in a subsequent Decision and Order.
    Thermal Solutions has submitted to DOE an alternate test procedure 
for measuring the standby loss of tube-type instantaneous water heaters 
as addressed in ANSI Z21.10.3-2013 sections 5.26, 5.27, and E.3. 
Specifically, Thermal Solutions 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:

    Note:  The following alternate test procedure is presented in 
the context of proposed changes to the referenced portions of ANSI 
Z21.10.3-2013.

5.26 Capacities of Storage Vessels

    For a water heater including a storage vessel, or any water heater 
having an input rating of less than 4000 Btu/hr per gallon (1112 kJ/L) 
of capacity, the storage capacity shall be within  5.0 
percent of the manufacturer's rated volume.

Method of Test

    The storage capacity shall be determined by weighing the system 
when dry and empty and reweighing it when full or by filling the system 
with water, the weight of which has been predetermined. The capacity 
shall then be computed in gallons and compared with the manufacturer's 
rated volume.

5.27 Capacities of Tube Type Water Heaters

    The amount of water contained in a tube type water heater or in a 
water heater which has not been tested under 5.26 shall be determined 
if it is 10 gallons or more.

Method of Test

    The volume of water contained within the water heater shall be 
determined. This determination shall include all water contained within 
the unit from the inlet connection to the outlet connection but not the 
capacity of any separate storage vessels. The volume of water contained 
within the water heater shall then be computed in gallons.

    Note:  The following proposed wording would be added to Annex E: 
Efficiency Test Procedures of ANSI Z21.10.3-2013.


    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 [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

[[Page 36287]]

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.
    The following basic models are included in Thermal Solutions' 
petition:

EV(A,S,O)0750W**-*A*
EV(A,S,O)1000W**-*A*
EV(A,S,O)1500W**-*A*
EV(A,S,O)2000W**-*A*

IV. Summary and Request for Comments

    Through this notice, DOE announces receipt of and is publishing 
Thermal Solutions' petition for waiver from the DOE test procedure for 
commercial water heaters for its EV(A,S,O)0750W**-*A*, 
EV(A,S,O)1000W**-*A*, EV(A,S,O)1500W**-*A*, and EV(A,S,O)2000W**-*A* 
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 Thermal Solutions' 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. Randy Witmer, Engineering Manager, Thermal Solutions Products, 
LLC, P.O. Box 3244, Lancaster, PA 17604-3244. 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.
March 9, 2015
U.S. Department of Energy
Building Technologies Program
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, Thermal Solutions 
Products, LLC is hereby applying for a waiver of the standby loss 
test procedure of 10 CFR 431.106 for the following basic models of 
commercial instantaneous water heaters containing 10 gallons or more 
of water (sold under the Thermal Solutions brand name):
 EV(A,S,O)0750W**-*A*
 EV(A,S,O)1000W**-*A*
 EV(A,S,O)1500W**-*A*
 EV(A,S,O)2000W**-*A*
    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 described in Exhibit 
G.2 of ANSI Z21.10.3-2011. 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 Thermal Solutions Products, LLC is seeking 
this test procedure waiver employ tube type heat exchangers and are 
designed to be flow activated. That is, the burner does not turn 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. 
Thermal Solutions Products, LLC 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.
    A list of manufacturers of all other basic models marketed in 
the United States known to Thermal Solutions Products, LLC to 
incorporate similar design characteristics is included as Attachment 
A.
    An alternative procedure for measuring the standby loss of tube 
type instantaneous water heaters is included as Attachment B. This 
alternative procedure is presented as a proposed revision to the 
ANSI Z21.10.3-2013 standard, with modified and additional wording to 
address testing of these particular models. Thermal Solutions 
Products, LLC believes this alternative provides a representative 
measure of the standby loss of these models. Thermal Solutions 
Products, LLC 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,

Randy Witmer
Engineering Manager
Thermal Solutions Products, LLC

Attachment A: Manufacturers of Commercial Tube Type Water Heaters 
Containing 10 Gallons of Water or More

A.O. Smith Corporation
11270 W Park Place
PO 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

Attachment B: Proposed Alternate Standby Loss Test Procedure for 
Commercial Tube Type Water Heaters Containing 10 Gallons of Water or 
More

    Note: The following alternate test procedure is presented in the 
context of proposed changes to the referenced portions of ANSI 
Z21.10.3-2013.

5.26 Capacities Of Storage Vessels

    For a water heater including a storage vessel, or any water 
heater having an input rating of less than 4000 Btu/hr per gallon 
(1112 kJ/L) of capacity, the storage capacity shall be within  5.0 percent of the manufacturer's rated volume.

Method of Test

    The storage capacity shall be determined by weighing the system 
when dry and empty and reweighing it when full or by filling the 
system with water, the weight of which has

[[Page 36288]]

been predetermined. The capacity shall then be computed in gallons 
and compared with the manufacturer's rated volume.

5.27 Capacities of Tube Type Water Heaters

    The amount of water contained in a tube type water heater or in 
a water heater which has not been tested under 5.26 shall be 
determined if it is 10 gallons or more.

Method of Test

    The volume of water contained within the water heater shall be 
determined. This determination shall include all water contained 
within the unit from the inlet connection to the outlet connection 
but not the capacity of any separate storage vessels. The volume of 
water contained within the water heater shall then be computed in 
gallons.
    Note: The following proposed wording would be added to Annex E: 
Efficiency Test Procedures of ANSI Z21.10.3-2013.

    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[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 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. 2016-13251 Filed 6-3-16; 8:45 am]
 BILLING CODE 6450-01-P