Energy Conservation Program: Petition for Waiver of Bradford White Corporation From the Department of Energy Consumer Water Heaters Test Procedure and Grant of Interim Waiver, 53710-53716 [2019-21935]

Download as PDF 53710 Federal Register / Vol. 84, No. 195 / Tuesday, October 8, 2019 / Notices jbell on DSK3GLQ082PROD with NOTICES mandates that FVAP work with the EAC and chief state election officials to develop standards for reporting UOCAVA voting information (52 U.S.C. 20302) and that FVAP will store the reported data and present the findings within the congressionally-mandated report to the President and Congress. Additionally, UOCAVA requires that ‘‘not later than 90 days after the date of each regularly scheduled general election for Federal office, each state and unit of local government which administered the election shall (through the state, in the case of a unit of local government) submit a report to the EAC on the combined number of absentee ballots transmitted to absent uniformed services voters and overseas voters for the election and the combined number of such ballots which were returned by such voters and cast in the election, and shall make such a report available to the general public.’ States that complete and timely submit the UOCAVA section of the survey to the EAC will fulfill their UOCAVA reporting requirement under 52 U.S.C. 20302. In order to fulfill the above requirements, the EAC is seeking information relating to the period from the Federal general election day 2018 +1 through the November 2020 Federal general election. The EAC will provide the data regarding UOCAVA voting to FVAP after data collection is completed. This data sharing reduces burden on local election offices because FVAP does not have to conduct its own data collection to meet its reporting requirements. Affected Public (Respondents): State or local governments, the District of Columbia, American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands. Affected Public: State or local government. Number of Respondents: 56. Responses per Respondent: 1. Estimated Burden per Response: 235 hours per collection, 117.5 hours annualized. Estimated Total Annual Burden Hours: 13,160 hours per collection, 6,580 hours annualized. Frequency: Biennially. * * * * * Clifford D. Tatum, General Counsel, U.S. Election Assistance Commission. [FR Doc. 2019–21908 Filed 10–7–19; 8:45 am] BILLING CODE 6820–KF–P VerDate Sep<11>2014 21:50 Oct 07, 2019 Jkt 250001 DEPARTMENT OF ENERGY [Case Number 2019–006; EERE–2019–BT– WAV–0020] Energy Conservation Program: Petition for Waiver of Bradford White Corporation From the Department of Energy Consumer Water Heaters Test Procedure and Grant of Interim Waiver Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Notice of petition for waiver and grant of an interim waiver, and request for comments. AGENCY: This document announces receipt of and publishes a petition for waiver from Bradford White Corporation (‘‘BWC’’), which seeks a waiver for a specified consumer water heater basic model from the U.S. Department of Energy (‘‘DOE’’) test procedure used for determining the efficiency of consumer water heaters. BWC asserts that for that identified basic model, application of the calculation specified in the DOE test procedure to determine recovery efficiency yields an ‘‘artificially high’’ value that in turn results in a lower overall uniform energy factor value. Consequently, BWC seeks to use an alternate test procedure to address issues involved in testing the basic model identified in its petition. More specifically, BWC has requested that DOE waive the equation for calculating recovery efficiency of the consumer gasfired storage water heater basic model for which the first occurrence of the main burner cutting out (‘‘cut-out’’) occurs during a draw. Instead, BWC requests that the recovery efficiency for this water heater be calculated using a revised recovery efficiency equation that accounts for the first cut-out occurring during a draw. For the reasons discussed in this document, DOE grants BWC an interim waiver from the DOE’s consumer water heater test procedure for the basic model listed in the interim waiver, subject to use of the alternate test procedure as set forth in the Interim Waiver Order. DOE solicits comments, data, and information concerning BWC’s petition, its suggested alternate test procedure, and the alternate test procedure in the Interim Waiver Order so as to inform its final decision on BWC’s waiver request. DATES: Written comments and information will be accepted on or before November 7, 2019. ADDRESSES: Interested persons are encouraged to submit comments using the Federal eRulemaking Portal at SUMMARY: PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 https://www.regulations.gov. Alternatively, interested persons may submit comments, identified by case number ‘‘2019–006’’ and Docket number ‘‘EERE–2019–BT–WAV–0020,’’ by any of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. • Email: Bradford2019WAV0020@ ee.doe.gov. Include Case No. 2019–006 in the subject line of the message. • Postal Mail: Appliance and Equipment Standards Program, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Office, Mailstop EE–5B, Petition for Waiver Case No. 2019–006, 1000 Independence Avenue SW, Washington, DC 20585–0121. 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: Appliance and Equipment Standards Program, U.S. Department of Energy, Building Technologies Office, 950 L’Enfant Plaza SW, 6th Floor, Washington, DC 20024. Telephone: (202) 287–1445. If possible, please submit all items on a ‘‘CD’’, in which case it is not necessary to include printed copies. No telefacsimilies (faxes) will be accepted. For detailed instructions on submitting comments and additional information on this process, see section V of this document. Docket: The docket, which includes Federal Register notices, comments, and other supporting documents/ materials, is available for review at https://www.regulations.gov. All documents in the docket are listed in the https://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. The docket web page can be found at https://www.regulations.gov/ docket?D=EERE-2019-BT-WAV-0020. The docket web page contains instruction on how to access all documents, including public comments, in the docket. See section V for information on how to submit comments through https:// www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Ms. Lucy deButts, 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) 287–1604. Email: AS_ Waiver_Request@ee.doe.gov. E:\FR\FM\08OCN1.SGM 08OCN1 Federal Register / Vol. 84, No. 195 / Tuesday, October 8, 2019 / Notices jbell on DSK3GLQ082PROD with NOTICES Mr. Eric Stas, U.S. Department of Energy, Office of the General Counsel, Mail Stop GC–33, Forrestal Building, 1000 Independence Avenue SW, Washington, DC 20585–0103. Telephone: (202) 586–5827. Email: Eric.Stas@hq.doe.gov. SUPPLEMENTARY INFORMATION: I. Background and Authority The Energy Policy and Conservation Act, as amended (‘‘EPCA’’),1 authorizes the U.S. Department of Energy (‘‘DOE’’) to regulate the energy efficiency of a number of consumer products and certain industrial equipment. (42 U.S.C. 6291–6317) Title III, Part B 2 of EPCA established the Energy Conservation Program for Consumer Products Other Than Automobiles, which sets forth a variety of provisions designed to improve energy efficiency for certain types of consumer products. These products include consumer water heaters, the focus of this document. (42 U.S.C. 6292(a)(4)) The energy conservation program under EPCA consists essentially of four parts: (1) Testing, (2) labeling, (3) Federal energy conservation standards, and (4) certification and enforcement procedures. Relevant provisions of EPCA include definitions (42 U.S.C. 6291), test procedures (42 U.S.C. 6293), labeling provisions (42 U.S.C. 6294), energy conservation standards (42 U.S.C. 6295), and the authority to require information and reports from manufacturers (42 U.S.C. 6296). The Federal testing requirements consist of test procedures that manufacturers of covered products must use as the basis for: (1) Certifying to DOE that their products comply with the applicable energy conservation standards adopted pursuant to EPCA (42 U.S.C. 6295(s)), and (2) making representations about the efficiency of that product (42 U.S.C. 6293(c)). Similarly, DOE must use these test procedures to determine whether the product complies with relevant standards promulgated under EPCA. (42 U.S.C. 6295(s)) Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures DOE is required to follow when prescribing or amending test procedures for covered products. EPCA requires that any test procedures prescribed or amended under this section must be reasonably designed to produce test results which reflect the energy efficiency, energy use, 1 All references to EPCA in this document refer to the statute as amended through America’s Water Infrastructure Act of 2018, Public Law 115–270 (Oct. 23, 2018). 2 For editorial reasons, upon codification in the U.S. Code, Part B was redesignated as Part A. VerDate Sep<11>2014 21:50 Oct 07, 2019 Jkt 250001 or estimated annual operating cost of a covered product during a representative average use cycle or period of use and requires that test procedures not be unduly burdensome to conduct. (42 U.S.C. 6293(b)(3)) The test procedure for consumer water heaters is contained in the Code of Federal Regulations (‘‘CFR’’) at 10 CFR part 430, subpart B, appendix E, Uniform Test Method for Measuring the Energy Consumption of Water Heaters. Under 10 CFR 430.27, any interested person may submit a petition for waiver from DOE’s test procedure requirements. DOE will grant a waiver from the test procedure requirements if DOE determines either that the basic model for which the waiver was requested contains a design characteristic that prevents testing of the basic model according to the prescribed test procedures, or that the prescribed test procedures evaluate the basic model in a manner so unrepresentative of its true energy consumption characteristics as to provide materially inaccurate comparative data. 10 CFR 430.27(f)(2). 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 characteristics. 10 CFR 430.27(b)(1)(iii). DOE may grant the waiver subject to conditions, including adherence to alternate test procedures. 10 CFR 430.27(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. 10 CFR 430.27(l). As soon thereafter as practicable, DOE will publish in the Federal Register a final rule to that effect. Id. The waiver process also provides that DOE may grant an interim waiver if it appears likely that the underlying petition for waiver will be granted and/ or if DOE determines that it would be desirable for public policy reasons to grant immediate relief pending a determination on the underlying petition for waiver. 10 CFR 430.27(e)(2). Within one year of issuance of an interim waiver, DOE will either: (i) Publish in the Federal Register a determination on the petition for waiver; or (ii) publish in the Federal Register a new or amended test procedure that addresses the issues presented in the waiver. 10 CFR 430.27(h)(1). When DOE amends the test procedure to address the issues presented in a waiver, the waiver will automatically terminate on the date on which use of PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 53711 that test procedure is required to demonstrate compliance. 10 CFR 430.27(h)(2). II. Bradford White Corporation’s Petition for Waiver and Application for Interim Waiver On July 3, 2019, BWC filed a petition for waiver and a petition for interim waiver from the test procedure for consumer water heaters set forth at 10 CFR part 430, subpart B, appendix E.3 The test procedure for water heaters includes a 24-hour Simulated Use Test (SUT) which consists of a series of hot water draws and standby periods during which the energy consumption of the water heater is measured. For storagetype water heaters, as the stored hot water loses heat through hot water draws and standby losses, the heat source (e.g., the burner, heat pump, electric heating element) will turn on or ‘‘cut-in’’ to heat water within the tank as needed to maintain the setpoint temperature of the thermostat. Once the thermostat is satisfied, the heat source will turn off or ‘‘cut-out.’’ The time during which the heat source is on is referred to as a ‘‘recovery period’’ because the water heater is recovering the heat lost from the stored water. The first recovery period of the 24-hour SUT is used to calculate the ‘‘recovery efficiency’’ of the water heater, which impacts the overall measure of efficiency (i.e., the uniform energy factor (UEF)). BWC stated that for gas and heat pump storage-type consumer water heaters for which the first cut-out of the 24-hour SUT occurs in the middle of one of the draws, the use of average water temperatures in the DOE test procedure calculation for recovery efficiency artificially inflates the calculated energy delivered from the system. BWC asserted that this yields an artificially higher recovery efficiency and results in a lower overall UEF. In support of its waiver request, BWC submitted test data for an individual model based on the platform of the basic model for which BWC seeks a waiver. BWC also requests an interim waiver from the existing DOE test procedure. DOE will grant an interim waiver if it appears likely that the petition for waiver will be granted and/or if DOE determines that it would be desirable for public policy reasons to grant 3 The specific basic model for which the petition applies is the consumer water heater basic model RG2PV50S*N. Although BWC initially included 50 consumer water heater basic models in its July 3, 2019 petition for waiver, BWC later limited the request to include only the RG2PV50S*N basic model via email correspondence on July 30, 2019. This email correspondence is included in the docket at: https://www.regulations.gov/ docket?D=EERE-2019-BT-WAV-0020. E:\FR\FM\08OCN1.SGM 08OCN1 Federal Register / Vol. 84, No. 195 / Tuesday, October 8, 2019 / Notices immediate relief pending a determination of the petition for waiver. See 10 CFR 430.27(e)(2). Based on the assertions made in support of the petition, absent an interim waiver, DOE has initially determined that the DOE test procedure yields unrepresentative results for a consumer water heater that completes the first recovery in the middle of a draw. Specifically, calculating the energy delivered during the first recovery period by using the total mass and average water temperatures across multiple draws to determine the energy delivered yields a higher recovery efficiency for those units for which the first cut-out of the 24-hour SUT occurs during a hot water draw. This in turn would result in a lower overall UEF that is not representative of its true energy efficiency. III. Requested Alternate Test Procedure EPCA requires that manufacturers use DOE test procedures when making representations about the energy consumption and energy consumption costs of covered products. (42 U.S.C. 6293(c)) Consistency is important when making representations about the energy efficiency of products, including when demonstrating compliance with applicable DOE energy conservation standards. Pursuant to its regulations at 10 CFR 430.27, and after consideration of public comments on the petition, DOE may establish in a subsequent Decision and Order an alternate test procedure for the basic model addressed by the interim waiver. BWC seeks to use an alternate test procedure to test and rate one consumer water heater basic model. Specifically, BWC seeks to test the affected consumer water heater basic model according to the DOE test procedure at 10 CFR part 430, subpart B, appendix E, except that the recovery efficiency equation in section 6.3.2 would be replaced with an alternate equation as shown below. Instead of calculating the recovery efficiency using the total mass of hot water drawn and average water temperature rise across all draws that occur until the end of the first recovery period as is done in the DOE test procedure, the requested alternate recovery efficiency equation computes the energy delivered during the first recovery using the mass of hot water drawn and water temperature rise for each draw individually and sums them. As submitted by BWC, the alternative test procedure would replace the equation in section 6.3.2 of Appendix E with the following equation for determining recovery efficiency, hr: Where: Nr = number of draws that the first recovery period occurred during. First Recovery Period: is defined by when the main burner of a storage water heater is lit and raising the temperature of the stored water until cut-out; in the case the cut-out* occurs during a subsequent draw, the first recovery period is to include the time until the draw of water from the tank stops. mi = Mass of draw i. Cpi = Average Specific heat of draw i. *If after the first cut-out occurs during a subsequent draw, a subsequent cut-in occurs prior to the draw completion, the first recovery period is to include the time until the subsequent cut-out occurs, prior to another draw. hour simulated-use test, °F (°C). Qr = Energy consumption of water heater from the beginning of the test to the end of the first recovery period. allow for the accurate measurement of efficiency of the specified basic model, while alleviating the testing problems associated with BWC’s implementation of water heating testing for this basic model. Consequently, DOE has determined that BWC’s petition for waiver will likely be granted. Furthermore, DOE has determined that it is desirable for public policy reasons to grant BWC immediate relief pending a determination of the petition for waiver. For the reasons stated, DOE has granted an interim waiver to BWC for the specified consumer water heater basic model in BWC’s petition. Therefore, DOE has issued an Order stating: (1) BWC must test and rate the following consumer water heater basic model with the alternate test procedure set forth in paragraph (2). jbell on DSK3GLQ082PROD with NOTICES Based on the Federal test procedure DOE understands the remaining variables in the equation submitted by BWC to be as follows: Tdel,i = average water outlet temperature measured during ith draw of the first recovery period, °F (°C). Tin,i = average water inlet temperature measured during the ith draw of the first recovery period, °F (°C). Vst = as defined in section 6.3.1. r2 = density of stored hot water evaluated at (Tmax,1 + To)/2, lb/gal (kg/L). Cp2 = specific heat of stored hot water evaluated at (Tmax,1 + To)/2, Btu/(lb·°F) (kJ/(kg·°C). Tmax,1 = maximum mean tank temperature recorded after cut-out following the first recovery of the 24-hour simulated use test, °F (°C). To = maximum mean tank temperature recorded prior to the first draw of the 24- VerDate Sep<11>2014 21:50 Oct 07, 2019 Jkt 250001 IV. Grant of an Interim Waiver DOE has reviewed BWC’s application for an interim waiver, the alternate test procedure requested by BWC, and confidential test data submitted by BWC, as well as test data from prior DOE testing of consumer water heaters. For the specified consumer water heater basic model, BWC’s suggested calculation for recovery efficiency, which uses a summation of measurements for each individual draw rather than average values to determine the energy in the delivered hot water during the first recovery period, results in a more accurate calculation of recovery efficiency when the first cutout occurs during a draw, and avoids artificial inflating of the recovery efficiency (resulting in a lower UEF value) that occurs under the calculation in DOE’s current test procedure. BWC’s petition for waiver suggests that this issue may not occur for every individual model within a basic model designation. DOE has modified the suggested alternate test procedure to specify that the alternate calculation applies only if during testing the first cut-out of the 24-hour SUT occurs during a hot water draw. Based on DOE’s review of the alternate test procedure suggested by BWC, as modified by DOE, it appears to PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 Brand Basic model BRADFORD WHITE, JETGLAS ........................ RG2PV50S*N (2) The alternate test procedure for the BWC basic model referenced in paragraph (1) of this Order is the test procedure for consumer water heaters prescribed by DOE at 10 CFR part 430, subpart B, appendix E, except for equation 6.3.2, as detailed below. All other requirements of appendix E and DOE’s regulations remain applicable. E:\FR\FM\08OCN1.SGM 08OCN1 EN08OC19.031</GPH> 53712 Federal Register / Vol. 84, No. 195 / Tuesday, October 8, 2019 / Notices The changes to section 6.3.2 of Appendix E read as follows: efficiency for gas storage-type water heaters, hr, is computed as: Tdel,1 = average water outlet temperature measured during the draws from the start of the 24-hour simulated-use test to the end of the first recovery period, °F (°C). Tin,1 = average water inlet temperature measured during the draws from the start of the 24-hour simulated-use test to the end of the first recovery period, °F (°C). Vst = as defined in section 6.3.1. r2 = density of stored hot water evaluated at (Tmax,1 + To)/2, lb/gal (kg/L). Cp2 = specific heat of stored hot water evaluated at (Tmax,1 + To)/2, Btu/(lb·°F) (kJ/(kg·°C). Tmax,1 = maximum mean tank temperature recorded after cut-out following the first recovery of the 24-hour simulated use test, °F (°C). To = maximum mean tank temperature recorded prior to the first draw of the 24hour simulated-use test, °F (°C). Qr = the total energy used by the water heater between cut-out prior to the first draw and cut-out following the first recovery period, including auxiliary energy such as pilot lights, pumps, fans, etc., Btu (kJ). (Electrical auxiliary energy shall be converted to thermal energy using the following conversion: 1 kWh = 3412 Btu.) 6.3.2.2 For gas storage-type water heaters, if the first cut-out occurs during a draw, the recovery efficiency, hr, is computed as: Recovery Efficiency. Where: Nr = number of draws occurring during the first recovery period. The first recovery period is defined by the time when the main burner of a storage water heater is lit (‘‘cut-in’’) and continues during the temperature rise of the stored water until the main burner cuts-off (‘‘cut-out’’); if the cut-out occurs during a subsequent draw, the first recovery period includes the time until the draw of water from the tank stops. If, after the first cut-out occurs but during a subsequent draw, a subsequent cut-in occurs prior to the draw completion, the first recovery period includes the time until the subsequent cut-out occurs, prior to another draw. mi = mass of draw i. Cpi = average specific heat of draw i. Tdel,i = average water outlet temperature measured during ith draw of the first recovery period, °F (°C). Tin,i = average water inlet temperature measured during the ith draw of the first recovery period, °F (°C). Vst = as defined in section 6.3.1. r2 = density of stored hot water evaluated at (Tmax,1 + To)/2, lb/gal (kg/L). Cp2 = specific heat of stored hot water evaluated at (Tmax,1 + To)/2, Btu/(lb·°F) (kJ/(kg·°C). Tmax,1 = maximum mean tank temperature recorded after cut-out following the first recovery of the 24-hour simulated use test, °F (°C). To = maximum mean tank temperature recorded prior to the first draw of the 24hour simulated-use test, °F (°C). Qr = energy consumption of water heater VerDate Sep<11>2014 21:50 Oct 07, 2019 Jkt 250001 from the beginning of the test to the end of the first recovery period. (3) Representations. BWC must make representations about the efficiency of the basic model listed in paragraph (1) for compliance, marketing, or other purposes only to the extent that the basic model has been tested in accordance with the provisions in this alternate test procedure and such representations fairly disclose the results of such testing. (4) This interim waiver shall remain in effect according to the provisions of 10 CFR 430.27. (5) This interim waiver is issued to BWC on the condition that information and test data provided by BWC are valid. DOE may rescind or modify this waiver at any time if it determines the factual basis underlying the petition for waiver is incorrect, or the results from the alternate test procedure are unrepresentative of a basic model’s true energy consumption characteristics. 10 CFR 430.27(k)(1). Likewise, BWC may request that DOE rescind or modify the interim waiver if BWC discovers an error in the information provided to DOE as part of its petition, determines that the interim waiver is no longer needed, or for other appropriate reasons. 10 CFR 430.27(k)(2). (6) BWC remains obligated to fulfill any certification requirements set forth at 10 CFR part 429. PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 DOE makes decisions on waivers and interim waivers for only those basic models specifically set out in the petition, not future models that may be manufactured by the petitioner. BWC may submit a new or amended petition for waiver and application for an interim waiver, as appropriate, for additional basic models of consumer water heaters. Alternatively, if appropriate, BWC may request that DOE extend the scope of a waiver or an interim waiver to include additional basic models employing the same technology as the basic model(s) set forth in the original petition consistent with 10 CFR 430.27(g). V. Request for Comments DOE is publishing BWC’s petition for waiver in its entirety as originally submitted, pursuant to 10 CFR 430.27(b)(1)(iv), absent any confidential business information.4 The petition includes a suggested alternate test procedure, as specified in section III of this document, to determine the 4 DOE is publishing the July 3, 2019 petition for waiver as initially submitted by BWC, including the list of basic models in Attachment 1 that BWC included in its petition for waiver. In subsequent email correspondence on July 30, 2019, BWC limited the petition to include only the RG2PV50S*N basic model. This email correspondence is included in the docket at: https://www.regulations.gov/docket?D=EERE-2019BT-WAV-0020. E:\FR\FM\08OCN1.SGM 08OCN1 EN08OC19.033</GPH> Where: M1 = total mass removed from the start of the 24-hour simulated-use test to the end of the first recovery period, lb (kg), or, if the volume of water is being measured, M1 = V1r1 Where: V1 = total volume removed from the start of the 24-hour simulated-use test to the end of the first recovery period, gal (L). r1 = density of the water at the water temperature measured at the point where the flow volume is measured, lb/gal (kg/ L). Cp1 = specific heat of the withdrawn water evaluated at (Tdel,1 + Tin,1)/2, Btu/(lb·°F) (kJ/(kg·°C)) jbell on DSK3GLQ082PROD with NOTICES 6.3.2.1 Except as provided in section 6.3.2.2 of this Appendix, the recovery EN08OC19.032</GPH> 6.3.2 53713 jbell on DSK3GLQ082PROD with NOTICES 53714 Federal Register / Vol. 84, No. 195 / Tuesday, October 8, 2019 / Notices efficiency of BWC’s specified consumer water heater, which DOE modified slightly in the grant of an interim waiver as discussed in section IV of this document. DOE may consider including the alternate procedure specified in the Interim Waiver Order in a subsequent Decision and Order. DOE invites all interested parties to submit in writing by November 7, 2019, comments and information on all aspects of the petition, including the alternate test procedure. Pursuant to 10 CFR 430.27(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 Eric Truskoski, etruskoski@bradfordwhite.com, 725 Talamore Dr., Ambler, PA 19002. Submitting comments via https:// www.regulations.gov. The https:// www.regulations.gov web page will require you to provide your name and contact information. Your contact information will be viewable to DOE Building Technologies staff only. Your contact information will not be publicly viewable except for your first and last names, organization name (if any), and submitter representative name (if any). If your comment cannot be processed properly because of technical difficulties, DOE will use this information to contact you. If DOE cannot read your comment due to technical difficulties and cannot contact you for clarification, DOE may not be able to consider your comment. However, your contact information will be publicly viewable if you include it in the comment or in any documents attached to your comment. Any information that you do not want to be publicly viewable should not be included in your comment, nor in any document attached to your comment. Persons viewing comments will see only first and last names, organization names, correspondence containing comments, and any documents submitted with the comments. Do not submit to https:// www.regulations.gov information for which disclosure is restricted by statute, such as trade secrets and commercial or financial information (hereinafter referred to as Confidential Business Information (‘‘CBI’’)). Comments submitted through https:// www.regulations.gov cannot be claimed as CBI. Comments received through the website will waive any CBI claims for the information submitted. For information on submitting CBI, see the Confidential Business Information section. DOE processes submissions made through https://www.regulations.gov VerDate Sep<11>2014 21:50 Oct 07, 2019 Jkt 250001 before posting. Normally, comments will be posted within a few days of being submitted. However, if large volumes of comments are being processed simultaneously, your comment may not be viewable for up to several weeks. Please keep the comment tracking number that https:// www.regulations.gov provides after you have successfully uploaded your comment. Submitting comments via email, hand delivery/courier, or postal mail. Comments and documents submitted via email, hand delivery/courier, or postal mail also will be posted to https:// www.regulations.gov. If you do not want your personal contact information to be publicly viewable, do not include it in your comment or any accompanying documents. Instead, provide your contact information on a cover letter. Include your first and last names, email address, telephone number, and optional mailing address. The cover letter will not be publicly viewable as long as it does not include any comments. Include contact information each time you submit comments, data, documents, and other information to DOE. If you submit via postal mail or hand delivery/ courier, please provide all items on a CD, if feasible, in which case it is not necessary to submit printed copies. No telefacsimiles (faxes) will be accepted. Comments, data, and other information submitted to DOE electronically should be provided in PDF (preferred), Microsoft Word or Excel, WordPerfect, or text (ASCII) file format. Provide documents that are not secured, written in English, and free of any defects or viruses. Documents should not contain special characters or any form of encryption, and, if possible, they should carry the electronic signature of the author. Campaign form letters. Please submit campaign form letters by the originating organization in batches of between 50 to 500 form letters per PDF or as one form letter with a list of supporters’ names compiled into one or more PDFs. This reduces comment processing and posting time. Confidential Business Information. 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 via email, postal mail, or hand delivery/courier two well-marked copies: One copy of the document marked ‘‘confidential’’ including all the information believed to be confidential, and one copy of the document marked ‘‘non-confidential’’ with the information believed to be confidential deleted. PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 Submit these documents via email or on a CD, if feasible. DOE will make its own determination about the confidential status of the information and treat it according to its determination. Factors of interest to DOE when evaluating requests to treat submitted information as confidential include: (1) A description of the items; (2) whether and why such items are customarily treated as confidential within the industry; (3) whether the information is generally known by or available from other sources; (4) whether the information has previously been made available to others without obligation concerning its confidentiality; (5) an explanation of the competitive injury to the submitting person which would result from public disclosure; (6) when such information might lose its confidential character due to the passage of time, and (7) why disclosure of the information would be contrary to the public interest. It is DOE’s policy that all comments may be included in the public docket, without change and as received, including any personal information provided in the comments (except information deemed to be exempt from public disclosure). Signed in Washington, DC, on September 23, 2019. Alexander N. Fitzsimmons, Acting Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and Renewable Energy. July 3, 2019 U.S. Department of Energy, Building Technologies Program, MS EE–2J Test Procedure Waivers, 1000 Independence Ave. SW, Washington, DC 20585–0121 Re: Waiver for Test Procedure for Residential Water Heaters To Whom It May Concern: Pursuant to the provisions of 10 CFR 430.27(m), Bradford White Corporation (BWC) is hereby applying for a waiver of the test procedure for calculating the recovery efficiency of residential gas and heat pump storage-type water heaters with a rated storage volume greater than or equal to two gallons, 10 CFR 430, Subpart B, Appendix E, Section 6.3.2. The calculation of the recovery efficiency is used as part of the 24-hour Simulated Use Test (SUT) used to calculate the efficiency, in terms of Uniform Energy Factor (UEF), for residential water heaters. Basic Models for This Waiver Petition The basic models that BWC is respectfully requesting a waiver, including in the interim are listed in E:\FR\FM\08OCN1.SGM 08OCN1 53715 Federal Register / Vol. 84, No. 195 / Tuesday, October 8, 2019 / Notices Attachment 1. This is for both the ‘‘BRADFORD WHITE’’ and ‘‘JETGLAS’’ brand names. Basis for Requested Waiver When the first cut-out during the SUT occurs in the middle of one of the draws, the averaging of these temperatures artificially inflates the calculated energy delivered from the system, which yields an artificially higher calculated recovery efficiency. With an artificially higher recovery efficiency, the resulting UEF is lower. This means that a manufacturer that has a product, as an unintended result of its design, that completes its recovery in the middle of a draw would be disadvantaged versus a competitor that has a similarly designed product but completes its first cut-out between draws, which will result in less units sold. The manner in which a product initiates a recovery and completes its recovery is dependent on a multitude of factors including but not limited to: Storage volume; input; diptube length; diptube design; tank construction/ geometry; thermostat placement; and thermostat differential. It is difficult to ascertain which one or more of these design characteristics would result in the product completing its recovery while a draw is occurring. Regardless, the resulting manner that a product recovers from a water draw should not penalize one product over another. jbell on DSK3GLQ082PROD with NOTICES List of Manufacturers The list of manufacturers of all other basic models of residential gas, oil, and heat pump storage- type water heaters with a rated storage volume greater than or equal to two gallons marketed in the United States known to BWC is included as Attachment 2. Proposed Alternative Test Procedure BWC has reviewed the alternate equation, included as Attachment 3, for calculating recovery efficiency of residential gas, oil, and heat pump storage-type water heaters with a rated storage volume greater than or equal to two gallons with the Air-Conditioning, Heating, & Refrigeration Institute (AHRI), and other interested parties, and believes it provides a more accurate calculation of recovery efficiency. The proposed equation accounts for a recovery that could end in the middle of any draw or in between draws. Furthermore, ASHRAE Standard Project Committee 118.2 has reviewed this equation and included it in the most recent draft of their standard, Method of Testing for Rating Residential Water Heaters. This draft will shortly be VerDate Sep<11>2014 21:50 Oct 07, 2019 Jkt 250001 sent out for public review and comment. We respectfully request DOE grant a waiver to use this alternative equation in lieu of the procedure specified in the current DOE efficiency test procedure. Interim Waiver Request Bradford White Corporation also petitions for an interim waiver to allow us to use the equation shown in Attachment 3 to calculate the recovery efficiency of the identified basic models. We believe it is in both our interest and DOE’s interest to have an interim test procedure, which provides a more accurate calculation of the recovery efficiency of the identified basic models. If BWC is not granted an interim waiver, BWC will continue to be put at a competitive advantage where the resulting UEF will be lower (for the reasons highlighted above) than a similarly designed competitive model, which will result in less units sold. Respectfully submitted, Bradford White Corporation /s/Eric Truskoski Eric Truskoski Director of Government and Regulatory Affairs Attachments: 1. List of basic models manufactured by Bradford White Corporation. 2. List of manufacturers of residential gas and heat pump storage-type water heaters with a rated storage volume greater than or equal to two gallons 3. Alternative recovery efficiency calculation [Original List Submitted by Bradford White Corporation] Attachment 1—List of Basic Models manufactured by Bradford White Corporation Brand Names ‘‘BRADFORD WHITE’’ ‘‘JETGLAS’’. ‘‘BRADFORD WHITE’’ ‘‘JETGLAS’’. ‘‘BRADFORD WHITE’’ ‘‘JETGLAS’’. ‘‘BRADFORD WHITE’’ ‘‘JETGLAS’’. ‘‘BRADFORD WHITE’’ ‘‘JETGLAS’’. ‘‘BRADFORD WHITE’’ ‘‘JETGLAS’’. ‘‘BRADFORD WHITE’’ ‘‘JETGLAS’’. ‘‘BRADFORD WHITE’’ ‘‘JETGLAS’’. ‘‘BRADFORD WHITE’’ ‘‘JETGLAS’’. ‘‘BRADFORD WHITE’’ ‘‘JETGLAS’’. ‘‘BRADFORD WHITE’’ ‘‘JETGLAS’’. ‘‘BRADFORD WHITE’’ ‘‘JETGLAS’’. PO 00000 Frm 00044 Model No. and RC2PV50H*N and RE2H50S*-***** and RE2H80T*-***** and RG130T*N and RG140T*N and RG150T*N and RG1D30T*N and RG1D40S*N and RG1D40T*N and RG1D50T*N and RG1PV40S*N and RG1PV50S*N Fmt 4703 Sfmt 4703 Brand Names ‘‘BRADFORD WHITE’’ ‘‘JETGLAS’’. ‘‘BRADFORD WHITE’’ ‘‘JETGLAS’’. ‘‘BRADFORD WHITE’’ ‘‘JETGLAS’’. ‘‘BRADFORD WHITE’’ ‘‘JETGLAS’’. ‘‘BRADFORD WHITE’’ ‘‘JETGLAS’’. ‘‘BRADFORD WHITE’’ ‘‘JETGLAS’’. ‘‘BRADFORD WHITE’’ ‘‘JETGLAS’’. ‘‘BRADFORD WHITE’’ ‘‘JETGLAS’’. ‘‘BRADFORD WHITE’’ ‘‘JETGLAS’’. ‘‘BRADFORD WHITE’’ ‘‘JETGLAS’’. ‘‘BRADFORD WHITE’’ ‘‘JETGLAS’’. ‘‘BRADFORD WHITE’’ ‘‘JETGLAS’’. ‘‘BRADFORD WHITE’’ ‘‘JETGLAS’’. ‘‘BRADFORD WHITE’’ ‘‘JETGLAS’’. ‘‘BRADFORD WHITE’’ ‘‘JETGLAS’’. ‘‘BRADFORD WHITE’’ ‘‘JETGLAS’’. ‘‘BRADFORD WHITE’’ ‘‘JETGLAS’’. ‘‘BRADFORD WHITE’’ ‘‘JETGLAS’’. ‘‘BRADFORD WHITE’’ ‘‘JETGLAS’’. ‘‘BRADFORD WHITE’’ ‘‘JETGLAS’’. ‘‘BRADFORD WHITE’’ ‘‘JETGLAS’’. ‘‘BRADFORD WHITE’’ ‘‘JETGLAS’’. ‘‘BRADFORD WHITE’’ ‘‘JETGLAS’’. ‘‘BRADFORD WHITE’’ ‘‘JETGLAS’’. ‘‘BRADFORD WHITE’’ ‘‘JETGLAS’’. ‘‘BRADFORD WHITE’’ ‘‘JETGLAS’’. ‘‘BRADFORD WHITE’’ ‘‘JETGLAS’’. ‘‘BRADFORD WHITE’’ ‘‘JETGLAS’’. ‘‘BRADFORD WHITE’’ ‘‘JETGLAS’’. ‘‘BRADFORD WHITE’’ ‘‘JETGLAS’’. ‘‘BRADFORD WHITE’’ ‘‘JETGLAS’’. ‘‘BRADFORD WHITE’’ ‘‘JETGLAS’’. ‘‘BRADFORD WHITE’’ ‘‘JETGLAS’’. ‘‘BRADFORD WHITE’’ ‘‘JETGLAS’’. ‘‘BRADFORD WHITE’’ ‘‘JETGLAS’’. ‘‘BRADFORD WHITE’’ ‘‘JETGLAS’’. ‘‘BRADFORD WHITE’’ ‘‘JETGLAS’’. ‘‘BRADFORD WHITE’’ ‘‘JETGLAS’’. E:\FR\FM\08OCN1.SGM 08OCN1 Model No. and RG1PV55H*N and RG2100H*N and RG230S*N and RG230T*N and RG240S*N and RG240T*N and RG250H*N and RG250L*N and RG250S*N and RG250T*N and RG255H*N and RG275H*N and RG2D40S*N and RG2D50S*N and RG2DV40S*N-*** and RG2DV50H*N-*** and RG2DV50S*N-*** and RG2DVMH30T*N and RG2DVMH40T*N and RG2F40S*N and RG2F50S*N and RG2MH30T*N and RG2MH40T*N and RG2PDV40S*N and RG2PDV50H*N and RG2PDV50S*N and RG2PDV75H*N and RG2PV40S*N and RG2PV40T*N and RG2PV50H*N and RG2PV50S*N and RG2PV50T*N and RG2PV75H*N and URG250H*N and URG2DV50H*N-*** and URG2DV50S*N-*** and URG2PDV50H*N and URG2PV50H*N 53716 Federal Register / Vol. 84, No. 195 / Tuesday, October 8, 2019 / Notices Attachment 3—Alternative Recovery Efficiency Equation How the current calculation is written: Where this calculation falls short is when our first cut-out occurs into or through subsequent draws. The definition of Tdel,1 and Tin, 1 are currently defined as the ‘‘average water temperature measured during the Draws from the start of the 24 hour simulated-use test to the end of the first recovery period, °F, (°C).’’ Our Proposal Nr = number of draws that the first recovery period occurred during. of the stored water until cut-out; in the case the cut-out * occurs during a subsequent draw, the first recovery period is to include the time until the draw of water from the tank stops. mi = Mass of draw i. Cpi = Average Specific heat of draw i. Qr = Energy consumption of water heater from the beginning of the test to the end of the first recovery period Take notice that the Commission received the following electric rate filings: Docket Numbers: ER19–2583–000. Applicants: Green River Wind Farm Phase 1, LLC. Description: Amendment to August 13, 2019 Green River Wind Farm Phase 1, LLC. tariff filing. Filed Date: 10/2/19. Accession Number: 20191002–5077. Comments Due: 5 p.m. ET 10/9/19. Docket Numbers: ER20–16–000. Applicants: Midcontinent Independent System Operator, Inc. Description: § 205(d) Rate Filing: 2019–10–01_Attachment P Clean-up to be effective 12/1/2019. Filed Date: 10/1/19. Accession Number: 20191001–5278. Comments Due: 5 p.m. ET 10/22/19. Docket Numbers: ER20–17–000. Applicants: Tenaska Pennsylvania Partners, LLC. Description: § 205(d) Rate Filing: Reactive Power Rate Schedule to be effective 11/1/2019. Filed Date: 10/1/19. Accession Number: 20191001–5286. Comments Due: 5 p.m. ET 10/22/19. Docket Numbers: ER20–18–000. Applicants: Midcontinent Independent System Operator, Inc. Description: § 205(d) Rate Filing: 2019–10–02_Termination of SA 3220 Flying Cow Wind-OTP E&P (BSSB) (J493 J510) to be effective 10/3/2019. Filed Date: 10/2/19. Accession Number: 20191002–5008. Comments Due: 5 p.m. ET 10/23/19. Docket Numbers: ER20–19–000. Applicants: PJM Interconnection, L.L.C. Description: Tariff Cancellation: Notice of Cancellation of Service Agreement No. 3602, Queue No. Y1–057 to be effective 7/29/2019. Filed Date: 10/2/19. Accession Number: 20191002–5051. Comments Due: 5 p.m. ET 10/23/19. Docket Numbers: ER20–20–000. Applicants: DTE Atlantic, LLC. Description: Baseline eTariff Filing: DTE Atlantic LLC. MBR Tariff Application to be effective 10/3/2019. Filed Date: 10/2/19. Accession Number: 20191002–5074. Comments Due: 5 p.m. ET 10/23/19. First Recovery Period: Is defined by when the main burner of a storage water heater is lit and raising the temperature *If after the first cut-out occurs during a subsequent draw, a subsequent cut-in occurs prior to the draw completion, the first recovery period is to include the time until the subsequent cut-out occurs, prior to another draw. [FR Doc. 2019–21935 Filed 10–7–19; 8:45 am] BILLING CODE 6450–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1 jbell on DSK3GLQ082PROD with NOTICES • GD Midea Heating & Ventilating Equipment Co., Ltd. Take notice that the Commission received the following electric corporate filings: Docket Numbers: EC20–2–000. Applicants: Bucksport Generation LLC. Description: Application for Authorization Under Section 203 of the Federal Power Act, et al. of Bucksport Generation LLC. Filed Date: 10/1/19. Accession Number: 20191001–5288. Comments Due: 5 p.m. ET 10/22/19. VerDate Sep<11>2014 21:50 Oct 07, 2019 Jkt 250001 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 We would like to propose the calculation below to avoid inflating the energy delivered that the averaging causes For example, if Nr = 2 E:\FR\FM\08OCN1.SGM 08OCN1 EN08OC19.035</GPH> EN08OC19.036</GPH> Company: • A. O. Smith Corporation Rheem Sales Company, Inc. Bock Water Heaters, Inc. GIANT Factories, Inc. Bradford White Corp. HTP Comfort Solutions LLC Rinnai America Corporation Vesta DS, Inc. Vaughn Thermal Corporation EN08OC19.034</GPH> • • • • • • • • Attachment 2—List of Manufacturers of Residential Gas, Oil, and Heat Pump Storage-Type Water Heaters With a Rated Storage Volume Greater Than or Equal to Two Gallons

Agencies

[Federal Register Volume 84, Number 195 (Tuesday, October 8, 2019)]
[Notices]
[Pages 53710-53716]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21935]


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DEPARTMENT OF ENERGY

[Case Number 2019-006; EERE-2019-BT-WAV-0020]


Energy Conservation Program: Petition for Waiver of Bradford 
White Corporation From the Department of Energy Consumer Water Heaters 
Test Procedure and Grant of Interim Waiver

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

ACTION: Notice of petition for waiver and grant of an interim waiver, 
and request for comments.

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SUMMARY: This document announces receipt of and publishes a petition 
for waiver from Bradford White Corporation (``BWC''), which seeks a 
waiver for a specified consumer water heater basic model from the U.S. 
Department of Energy (``DOE'') test procedure used for determining the 
efficiency of consumer water heaters. BWC asserts that for that 
identified basic model, application of the calculation specified in the 
DOE test procedure to determine recovery efficiency yields an 
``artificially high'' value that in turn results in a lower overall 
uniform energy factor value. Consequently, BWC seeks to use an 
alternate test procedure to address issues involved in testing the 
basic model identified in its petition. More specifically, BWC has 
requested that DOE waive the equation for calculating recovery 
efficiency of the consumer gas-fired storage water heater basic model 
for which the first occurrence of the main burner cutting out (``cut-
out'') occurs during a draw. Instead, BWC requests that the recovery 
efficiency for this water heater be calculated using a revised recovery 
efficiency equation that accounts for the first cut-out occurring 
during a draw. For the reasons discussed in this document, DOE grants 
BWC an interim waiver from the DOE's consumer water heater test 
procedure for the basic model listed in the interim waiver, subject to 
use of the alternate test procedure as set forth in the Interim Waiver 
Order. DOE solicits comments, data, and information concerning BWC's 
petition, its suggested alternate test procedure, and the alternate 
test procedure in the Interim Waiver Order so as to inform its final 
decision on BWC's waiver request.

DATES: Written comments and information will be accepted on or before 
November 7, 2019.

ADDRESSES: Interested persons are encouraged to submit comments using 
the Federal eRulemaking Portal at https://www.regulations.gov. 
Alternatively, interested persons may submit comments, identified by 
case number ``2019-006'' and Docket number ``EERE-2019-BT-WAV-0020,'' 
by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Email: [email protected]. Include Case No. 
2019-006 in the subject line of the message.
     Postal Mail: Appliance and Equipment Standards Program, 
U.S. Department of Energy, Office of Energy Efficiency and Renewable 
Energy, Building Technologies Office, Mailstop EE-5B, Petition for 
Waiver Case No. 2019-006, 1000 Independence Avenue SW, Washington, DC 
20585-0121. 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: Appliance and Equipment Standards 
Program, U.S. Department of Energy, Building Technologies Office, 950 
L'Enfant Plaza SW, 6th Floor, Washington, DC 20024. Telephone: (202) 
287-1445. If possible, please submit all items on a ``CD'', in which 
case it is not necessary to include printed copies.
    No telefacsimilies (faxes) will be accepted. For detailed 
instructions on submitting comments and additional information on this 
process, see section V of this document.
    Docket: The docket, which includes Federal Register notices, 
comments, and other supporting documents/materials, is available for 
review at https://www.regulations.gov. All documents in the docket are 
listed in the https://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.
    The docket web page can be found at https://www.regulations.gov/docket?D=EERE-2019-BT-WAV-0020. The docket web page contains 
instruction on how to access all documents, including public comments, 
in the docket. See section V for information on how to submit comments 
through https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: 
    Ms. Lucy deButts, 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) 287-1604. Email: [email protected].

[[Page 53711]]

    Mr. Eric Stas, U.S. Department of Energy, Office of the General 
Counsel, Mail Stop GC-33, Forrestal Building, 1000 Independence Avenue 
SW, Washington, DC 20585-0103. Telephone: (202) 586-5827. Email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background and Authority

    The Energy Policy and Conservation Act, as amended (``EPCA''),\1\ 
authorizes the U.S. Department of Energy (``DOE'') to regulate the 
energy efficiency of a number of consumer products and certain 
industrial equipment. (42 U.S.C. 6291-6317) Title III, Part B \2\ of 
EPCA established the Energy Conservation Program for Consumer Products 
Other Than Automobiles, which sets forth a variety of provisions 
designed to improve energy efficiency for certain types of consumer 
products. These products include consumer water heaters, the focus of 
this document. (42 U.S.C. 6292(a)(4))
---------------------------------------------------------------------------

    \1\ All references to EPCA in this document refer to the statute 
as amended through America's Water Infrastructure Act of 2018, 
Public Law 115-270 (Oct. 23, 2018).
    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated as Part A.
---------------------------------------------------------------------------

    The energy conservation program under EPCA consists essentially of 
four parts: (1) Testing, (2) labeling, (3) Federal energy conservation 
standards, and (4) certification and enforcement procedures. Relevant 
provisions of EPCA include definitions (42 U.S.C. 6291), test 
procedures (42 U.S.C. 6293), labeling provisions (42 U.S.C. 6294), 
energy conservation standards (42 U.S.C. 6295), and the authority to 
require information and reports from manufacturers (42 U.S.C. 6296).
    The Federal testing requirements consist of test procedures that 
manufacturers of covered products must use as the basis for: (1) 
Certifying to DOE that their products comply with the applicable energy 
conservation standards adopted pursuant to EPCA (42 U.S.C. 6295(s)), 
and (2) making representations about the efficiency of that product (42 
U.S.C. 6293(c)). Similarly, DOE must use these test procedures to 
determine whether the product complies with relevant standards 
promulgated under EPCA. (42 U.S.C. 6295(s))
    Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures 
DOE is required to follow when prescribing or amending test procedures 
for covered products. EPCA requires that any test procedures prescribed 
or amended under this section must be reasonably designed to produce 
test results which reflect the energy efficiency, energy use, or 
estimated annual operating cost of a covered product during a 
representative average use cycle or period of use and requires that 
test procedures not be unduly burdensome to conduct. (42 U.S.C. 
6293(b)(3)) The test procedure for consumer water heaters is contained 
in the Code of Federal Regulations (``CFR'') at 10 CFR part 430, 
subpart B, appendix E, Uniform Test Method for Measuring the Energy 
Consumption of Water Heaters.
    Under 10 CFR 430.27, any interested person may submit a petition 
for waiver from DOE's test procedure requirements. DOE will grant a 
waiver from the test procedure requirements if DOE determines either 
that the basic model for which the waiver was requested contains a 
design characteristic that prevents testing of the basic model 
according to the prescribed test procedures, or that the prescribed 
test procedures evaluate the basic model in a manner so 
unrepresentative of its true energy consumption characteristics as to 
provide materially inaccurate comparative data. 10 CFR 430.27(f)(2). 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 characteristics. 10 CFR 
430.27(b)(1)(iii). DOE may grant the waiver subject to conditions, 
including adherence to alternate test procedures. 10 CFR 430.27(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. 10 CFR 430.27(l). As soon thereafter as practicable, 
DOE will publish in the Federal Register a final rule to that effect. 
Id.
    The waiver process also provides that DOE may grant an interim 
waiver if it appears likely that the underlying petition for waiver 
will be granted and/or if DOE determines that it would be desirable for 
public policy reasons to grant immediate relief pending a determination 
on the underlying petition for waiver. 10 CFR 430.27(e)(2). Within one 
year of issuance of an interim waiver, DOE will either: (i) Publish in 
the Federal Register a determination on the petition for waiver; or 
(ii) publish in the Federal Register a new or amended test procedure 
that addresses the issues presented in the waiver. 10 CFR 430.27(h)(1).
    When DOE amends the test procedure to address the issues presented 
in a waiver, the waiver will automatically terminate on the date on 
which use of that test procedure is required to demonstrate compliance. 
10 CFR 430.27(h)(2).

II. Bradford White Corporation's Petition for Waiver and Application 
for Interim Waiver

    On July 3, 2019, BWC filed a petition for waiver and a petition for 
interim waiver from the test procedure for consumer water heaters set 
forth at 10 CFR part 430, subpart B, appendix E.\3\ The test procedure 
for water heaters includes a 24-hour Simulated Use Test (SUT) which 
consists of a series of hot water draws and standby periods during 
which the energy consumption of the water heater is measured. For 
storage-type water heaters, as the stored hot water loses heat through 
hot water draws and standby losses, the heat source (e.g., the burner, 
heat pump, electric heating element) will turn on or ``cut-in'' to heat 
water within the tank as needed to maintain the setpoint temperature of 
the thermostat. Once the thermostat is satisfied, the heat source will 
turn off or ``cut-out.'' The time during which the heat source is on is 
referred to as a ``recovery period'' because the water heater is 
recovering the heat lost from the stored water. The first recovery 
period of the 24-hour SUT is used to calculate the ``recovery 
efficiency'' of the water heater, which impacts the overall measure of 
efficiency (i.e., the uniform energy factor (UEF)). BWC stated that for 
gas and heat pump storage-type consumer water heaters for which the 
first cut-out of the 24-hour SUT occurs in the middle of one of the 
draws, the use of average water temperatures in the DOE test procedure 
calculation for recovery efficiency artificially inflates the 
calculated energy delivered from the system. BWC asserted that this 
yields an artificially higher recovery efficiency and results in a 
lower overall UEF. In support of its waiver request, BWC submitted test 
data for an individual model based on the platform of the basic model 
for which BWC seeks a waiver.
---------------------------------------------------------------------------

    \3\ The specific basic model for which the petition applies is 
the consumer water heater basic model RG2PV50S*N. Although BWC 
initially included 50 consumer water heater basic models in its July 
3, 2019 petition for waiver, BWC later limited the request to 
include only the RG2PV50S*N basic model via email correspondence on 
July 30, 2019. This email correspondence is included in the docket 
at: https://www.regulations.gov/docket?D=EERE-2019-BT-WAV-0020.
---------------------------------------------------------------------------

    BWC also requests an interim waiver from the existing DOE test 
procedure. DOE will grant an interim waiver if it appears likely that 
the petition for waiver will be granted and/or if DOE determines that 
it would be desirable for public policy reasons to grant

[[Page 53712]]

immediate relief pending a determination of the petition for waiver. 
See 10 CFR 430.27(e)(2).
    Based on the assertions made in support of the petition, absent an 
interim waiver, DOE has initially determined that the DOE test 
procedure yields unrepresentative results for a consumer water heater 
that completes the first recovery in the middle of a draw. 
Specifically, calculating the energy delivered during the first 
recovery period by using the total mass and average water temperatures 
across multiple draws to determine the energy delivered yields a higher 
recovery efficiency for those units for which the first cut-out of the 
24-hour SUT occurs during a hot water draw. This in turn would result 
in a lower overall UEF that is not representative of its true energy 
efficiency.

III. Requested Alternate Test Procedure

    EPCA requires that manufacturers use DOE test procedures when 
making representations about the energy consumption and energy 
consumption costs of covered products. (42 U.S.C. 6293(c)) Consistency 
is important when making representations about the energy efficiency of 
products, including when demonstrating compliance with applicable DOE 
energy conservation standards. Pursuant to its regulations at 10 CFR 
430.27, and after consideration of public comments on the petition, DOE 
may establish in a subsequent Decision and Order an alternate test 
procedure for the basic model addressed by the interim waiver.
    BWC seeks to use an alternate test procedure to test and rate one 
consumer water heater basic model. Specifically, BWC seeks to test the 
affected consumer water heater basic model according to the DOE test 
procedure at 10 CFR part 430, subpart B, appendix E, except that the 
recovery efficiency equation in section 6.3.2 would be replaced with an 
alternate equation as shown below. Instead of calculating the recovery 
efficiency using the total mass of hot water drawn and average water 
temperature rise across all draws that occur until the end of the first 
recovery period as is done in the DOE test procedure, the requested 
alternate recovery efficiency equation computes the energy delivered 
during the first recovery using the mass of hot water drawn and water 
temperature rise for each draw individually and sums them. As submitted 
by BWC, the alternative test procedure would replace the equation in 
section 6.3.2 of Appendix E with the following equation for determining 
recovery efficiency, [eta]r:
[GRAPHIC] [TIFF OMITTED] TN08OC19.031

Where:

Nr = number of draws that the first recovery period 
occurred during.

    First Recovery Period: is defined by when the main burner of a 
storage water heater is lit and raising the temperature of the 
stored water until cut-out; in the case the cut-out* occurs during a 
subsequent draw, the first recovery period is to include the time 
until the draw of water from the tank stops.

mi = Mass of draw i.
Cpi = Average Specific heat of draw i.

    *If after the first cut-out occurs during a subsequent draw, a 
subsequent cut-in occurs prior to the draw completion, the first 
recovery period is to include the time until the subsequent cut-out 
occurs, prior to another draw.

    Based on the Federal test procedure DOE understands the remaining 
variables in the equation submitted by BWC to be as follows:

Tdel,i = average water outlet temperature measured during 
ith draw of the first recovery period, [deg]F ([deg]C).
Tin,i = average water inlet temperature measured during 
the ith draw of the first recovery period, [deg]F ([deg]C).
Vst = as defined in section 6.3.1.
[rho]2 = density of stored hot water evaluated at 
(Tmax,1 + To)/2, lb/gal (kg/L).
Cp2 = specific heat of stored hot water evaluated at 
(Tmax,1 + To)/2, Btu/(lb[middot][deg]F) (kJ/
(kg[middot][deg]C).
Tmax,1 = maximum mean tank temperature recorded after 
cut-out following the first recovery of the 24-hour simulated use 
test, [deg]F ([deg]C).
To = maximum mean tank temperature recorded prior to the 
first draw of the 24-hour simulated-use test, [deg]F ([deg]C).
Qr = Energy consumption of water heater from the 
beginning of the test to the end of the first recovery period.

IV. Grant of an Interim Waiver

    DOE has reviewed BWC's application for an interim waiver, the 
alternate test procedure requested by BWC, and confidential test data 
submitted by BWC, as well as test data from prior DOE testing of 
consumer water heaters. For the specified consumer water heater basic 
model, BWC's suggested calculation for recovery efficiency, which uses 
a summation of measurements for each individual draw rather than 
average values to determine the energy in the delivered hot water 
during the first recovery period, results in a more accurate 
calculation of recovery efficiency when the first cut-out occurs during 
a draw, and avoids artificial inflating of the recovery efficiency 
(resulting in a lower UEF value) that occurs under the calculation in 
DOE's current test procedure.
    BWC's petition for waiver suggests that this issue may not occur 
for every individual model within a basic model designation. DOE has 
modified the suggested alternate test procedure to specify that the 
alternate calculation applies only if during testing the first cut-out 
of the 24-hour SUT occurs during a hot water draw.
    Based on DOE's review of the alternate test procedure suggested by 
BWC, as modified by DOE, it appears to allow for the accurate 
measurement of efficiency of the specified basic model, while 
alleviating the testing problems associated with BWC's implementation 
of water heating testing for this basic model. Consequently, DOE has 
determined that BWC's petition for waiver will likely be granted. 
Furthermore, DOE has determined that it is desirable for public policy 
reasons to grant BWC immediate relief pending a determination of the 
petition for waiver.
    For the reasons stated, DOE has granted an interim waiver to BWC 
for the specified consumer water heater basic model in BWC's petition. 
Therefore, DOE has issued an Order stating:
    (1) BWC must test and rate the following consumer water heater 
basic model with the alternate test procedure set forth in paragraph 
(2).

------------------------------------------------------------------------
                         Brand                             Basic model
------------------------------------------------------------------------
BRADFORD WHITE, JETGLAS...............................       RG2PV50S*N
------------------------------------------------------------------------

    (2) The alternate test procedure for the BWC basic model referenced 
in paragraph (1) of this Order is the test procedure for consumer water 
heaters prescribed by DOE at 10 CFR part 430, subpart B, appendix E, 
except for equation 6.3.2, as detailed below. All other requirements of 
appendix E and DOE's regulations remain applicable.

[[Page 53713]]

The changes to section 6.3.2 of Appendix E read as follows:

    6.3.2 Recovery Efficiency.
    6.3.2.1 Except as provided in section 6.3.2.2 of this Appendix, 
the recovery efficiency for gas storage-type water heaters, 
[eta]r, is computed as:
[GRAPHIC] [TIFF OMITTED] TN08OC19.032

Where:

M1 = total mass removed from the start of the 24-hour 
simulated-use test to the end of the first recovery period, lb (kg), 
or, if the volume of water is being measured,
M1 = V1[rho]1

Where:

V1 = total volume removed from the start of the 24-hour 
simulated-use test to the end of the first recovery period, gal (L).
[rho]1 = density of the water at the water temperature 
measured at the point where the flow volume is measured, lb/gal (kg/
L).
Cp1 = specific heat of the withdrawn water evaluated at 
(Tdel,1 + Tin,1)/2, Btu/(lb[middot][deg]F) 
(kJ/(kg[middot][deg]C))
Tdel,1 = average water outlet temperature measured during 
the draws from the start of the 24-hour simulated-use test to the 
end of the first recovery period, [deg]F ([deg]C).
Tin,1 = average water inlet temperature measured during 
the draws from the start of the 24-hour simulated-use test to the 
end of the first recovery period, [deg]F ([deg]C).
Vst = as defined in section 6.3.1.
[rho]2 = density of stored hot water evaluated at 
(Tmax,1 + To)/2, lb/gal (kg/L).
Cp2 = specific heat of stored hot water evaluated at 
(Tmax,1 + To)/2, Btu/(lb[middot][deg]F) (kJ/
(kg[middot][deg]C).
Tmax,1 = maximum mean tank temperature recorded after 
cut-out following the first recovery of the 24-hour simulated use 
test, [deg]F ([deg]C).
To = maximum mean tank temperature recorded prior to the 
first draw of the 24-hour simulated-use test, [deg]F ([deg]C).
Qr = the total energy used by the water heater between 
cut-out prior to the first draw and cut-out following the first 
recovery period, including auxiliary energy such as pilot lights, 
pumps, fans, etc., Btu (kJ). (Electrical auxiliary energy shall be 
converted to thermal energy using the following conversion: 1 kWh = 
3412 Btu.)

6.3.2.2 For gas storage-type water heaters, if the first cut-out 
occurs during a draw, the recovery efficiency, [eta]r, is 
computed as:
[GRAPHIC] [TIFF OMITTED] TN08OC19.033

Where:

Nr = number of draws occurring during the first recovery 
period. The first recovery period is defined by the time when the 
main burner of a storage water heater is lit (``cut-in'') and 
continues during the temperature rise of the stored water until the 
main burner cuts-off (``cut-out''); if the cut-out occurs during a 
subsequent draw, the first recovery period includes the time until 
the draw of water from the tank stops. If, after the first cut-out 
occurs but during a subsequent draw, a subsequent cut-in occurs 
prior to the draw completion, the first recovery period includes the 
time until the subsequent cut-out occurs, prior to another draw.
mi = mass of draw i.
Cpi = average specific heat of draw i.
Tdel,i = average water outlet temperature measured during 
ith draw of the first recovery period, [deg]F ([deg]C).
Tin,i = average water inlet temperature measured during 
the ith draw of the first recovery period, [deg]F ([deg]C).
Vst = as defined in section 6.3.1.
[rho]2 = density of stored hot water evaluated at 
(Tmax,1 + To)/2, lb/gal (kg/L).
Cp2 = specific heat of stored hot water evaluated at 
(Tmax,1 + To)/2, Btu/(lb[middot][deg]F) (kJ/
(kg[middot][deg]C).
Tmax,1 = maximum mean tank temperature recorded after 
cut-out following the first recovery of the 24-hour simulated use 
test, [deg]F ([deg]C).
To = maximum mean tank temperature recorded prior to the 
first draw of the 24-hour simulated-use test, [deg]F ([deg]C).
Qr = energy consumption of water heater from the 
beginning of the test to the end of the first recovery period.

    (3) Representations. BWC must make representations about the 
efficiency of the basic model listed in paragraph (1) for compliance, 
marketing, or other purposes only to the extent that the basic model 
has been tested in accordance with the provisions in this alternate 
test procedure and such representations fairly disclose the results of 
such testing.
    (4) This interim waiver shall remain in effect according to the 
provisions of 10 CFR 430.27.
    (5) This interim waiver is issued to BWC on the condition that 
information and test data provided by BWC are valid. DOE may rescind or 
modify this waiver at any time if it determines the factual basis 
underlying the petition for waiver is incorrect, or the results from 
the alternate test procedure are unrepresentative of a basic model's 
true energy consumption characteristics. 10 CFR 430.27(k)(1). Likewise, 
BWC may request that DOE rescind or modify the interim waiver if BWC 
discovers an error in the information provided to DOE as part of its 
petition, determines that the interim waiver is no longer needed, or 
for other appropriate reasons. 10 CFR 430.27(k)(2).
    (6) BWC remains obligated to fulfill any certification requirements 
set forth at 10 CFR part 429.
    DOE makes decisions on waivers and interim waivers for only those 
basic models specifically set out in the petition, not future models 
that may be manufactured by the petitioner. BWC may submit a new or 
amended petition for waiver and application for an interim waiver, as 
appropriate, for additional basic models of consumer water heaters. 
Alternatively, if appropriate, BWC may request that DOE extend the 
scope of a waiver or an interim waiver to include additional basic 
models employing the same technology as the basic model(s) set forth in 
the original petition consistent with 10 CFR 430.27(g).

V. Request for Comments

    DOE is publishing BWC's petition for waiver in its entirety as 
originally submitted, pursuant to 10 CFR 430.27(b)(1)(iv), absent any 
confidential business information.\4\ The petition includes a suggested 
alternate test procedure, as specified in section III of this document, 
to determine the

[[Page 53714]]

efficiency of BWC's specified consumer water heater, which DOE modified 
slightly in the grant of an interim waiver as discussed in section IV 
of this document. DOE may consider including the alternate procedure 
specified in the Interim Waiver Order in a subsequent Decision and 
Order.
---------------------------------------------------------------------------

    \4\ DOE is publishing the July 3, 2019 petition for waiver as 
initially submitted by BWC, including the list of basic models in 
Attachment 1 that BWC included in its petition for waiver. In 
subsequent email correspondence on July 30, 2019, BWC limited the 
petition to include only the RG2PV50S*N basic model. This email 
correspondence is included in the docket at: https://www.regulations.gov/docket?D=EERE-2019-BT-WAV-0020.
---------------------------------------------------------------------------

    DOE invites all interested parties to submit in writing by November 
7, 2019, comments and information on all aspects of the petition, 
including the alternate test procedure. Pursuant to 10 CFR 430.27(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 Eric Truskoski, [email protected], 725 
Talamore Dr., Ambler, PA 19002.
    Submitting comments via https://www.regulations.gov. The https://www.regulations.gov web page will require you to provide your name and 
contact information. Your contact information will be viewable to DOE 
Building Technologies staff only. Your contact information will not be 
publicly viewable except for your first and last names, organization 
name (if any), and submitter representative name (if any). If your 
comment cannot be processed properly because of technical difficulties, 
DOE will use this information to contact you. If DOE cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, DOE may not be able to consider your comment.
    However, your contact information will be publicly viewable if you 
include it in the comment or in any documents attached to your comment. 
Any information that you do not want to be publicly viewable should not 
be included in your comment, nor in any document attached to your 
comment. Persons viewing comments will see only first and last names, 
organization names, correspondence containing comments, and any 
documents submitted with the comments.
    Do not submit to https://www.regulations.gov information for which 
disclosure is restricted by statute, such as trade secrets and 
commercial or financial information (hereinafter referred to as 
Confidential Business Information (``CBI'')). Comments submitted 
through https://www.regulations.gov cannot be claimed as CBI. Comments 
received through the website will waive any CBI claims for the 
information submitted. For information on submitting CBI, see the 
Confidential Business Information section.
    DOE processes submissions made through https://www.regulations.gov 
before posting. Normally, comments will be posted within a few days of 
being submitted. However, if large volumes of comments are being 
processed simultaneously, your comment may not be viewable for up to 
several weeks. Please keep the comment tracking number that https://www.regulations.gov provides after you have successfully uploaded your 
comment.
    Submitting comments via email, hand delivery/courier, or postal 
mail. Comments and documents submitted via email, hand delivery/
courier, or postal mail also will be posted to https://www.regulations.gov. If you do not want your personal contact 
information to be publicly viewable, do not include it in your comment 
or any accompanying documents. Instead, provide your contact 
information on a cover letter. Include your first and last names, email 
address, telephone number, and optional mailing address. The cover 
letter will not be publicly viewable as long as it does not include any 
comments.
    Include contact information each time you submit comments, data, 
documents, and other information to DOE. If you submit via postal mail 
or hand delivery/courier, please provide all items on a CD, if 
feasible, in which case it is not necessary to submit printed copies. 
No telefacsimiles (faxes) will be accepted.
    Comments, data, and other information submitted to DOE 
electronically should be provided in PDF (preferred), Microsoft Word or 
Excel, WordPerfect, or text (ASCII) file format. Provide documents that 
are not secured, written in English, and free of any defects or 
viruses. Documents should not contain special characters or any form of 
encryption, and, if possible, they should carry the electronic 
signature of the author.
    Campaign form letters. Please submit campaign form letters by the 
originating organization in batches of between 50 to 500 form letters 
per PDF or as one form letter with a list of supporters' names compiled 
into one or more PDFs. This reduces comment processing and posting 
time.
    Confidential Business Information. 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 via 
email, postal mail, or hand delivery/courier two well-marked copies: 
One copy of the document marked ``confidential'' including all the 
information believed to be confidential, and one copy of the document 
marked ``non-confidential'' with the information believed to be 
confidential deleted. Submit these documents via email or on a CD, if 
feasible. DOE will make its own determination about the confidential 
status of the information and treat it according to its determination.
    Factors of interest to DOE when evaluating requests to treat 
submitted information as confidential include: (1) A description of the 
items; (2) whether and why such items are customarily treated as 
confidential within the industry; (3) whether the information is 
generally known by or available from other sources; (4) whether the 
information has previously been made available to others without 
obligation concerning its confidentiality; (5) an explanation of the 
competitive injury to the submitting person which would result from 
public disclosure; (6) when such information might lose its 
confidential character due to the passage of time, and (7) why 
disclosure of the information would be contrary to the public interest.
    It is DOE's policy that all comments may be included in the public 
docket, without change and as received, including any personal 
information provided in the comments (except information deemed to be 
exempt from public disclosure).

    Signed in Washington, DC, on September 23, 2019.
Alexander N. Fitzsimmons,
Acting Deputy Assistant Secretary for Energy Efficiency, Energy 
Efficiency and Renewable Energy.

July 3, 2019

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

Re: Waiver for Test Procedure for Residential Water Heaters

    To Whom It May Concern:

    Pursuant to the provisions of 10 CFR 430.27(m), Bradford White 
Corporation (BWC) is hereby applying for a waiver of the test procedure 
for calculating the recovery efficiency of residential gas and heat 
pump storage-type water heaters with a rated storage volume greater 
than or equal to two gallons, 10 CFR 430, Subpart B, Appendix E, 
Section 6.3.2. The calculation of the recovery efficiency is used as 
part of the 24-hour Simulated Use Test (SUT) used to calculate the 
efficiency, in terms of Uniform Energy Factor (UEF), for residential 
water heaters.

Basic Models for This Waiver Petition

    The basic models that BWC is respectfully requesting a waiver, 
including in the interim are listed in

[[Page 53715]]

Attachment 1. This is for both the ``BRADFORD WHITE'' and ``JETGLAS'' 
brand names.

Basis for Requested Waiver

    When the first cut-out during the SUT occurs in the middle of one 
of the draws, the averaging of these temperatures artificially inflates 
the calculated energy delivered from the system, which yields an 
artificially higher calculated recovery efficiency. With an 
artificially higher recovery efficiency, the resulting UEF is lower. 
This means that a manufacturer that has a product, as an unintended 
result of its design, that completes its recovery in the middle of a 
draw would be disadvantaged versus a competitor that has a similarly 
designed product but completes its first cut-out between draws, which 
will result in less units sold.
    The manner in which a product initiates a recovery and completes 
its recovery is dependent on a multitude of factors including but not 
limited to: Storage volume; input; diptube length; diptube design; tank 
construction/geometry; thermostat placement; and thermostat 
differential. It is difficult to ascertain which one or more of these 
design characteristics would result in the product completing its 
recovery while a draw is occurring. Regardless, the resulting manner 
that a product recovers from a water draw should not penalize one 
product over another.

List of Manufacturers

    The list of manufacturers of all other basic models of residential 
gas, oil, and heat pump storage- type water heaters with a rated 
storage volume greater than or equal to two gallons marketed in the 
United States known to BWC is included as Attachment 2.

Proposed Alternative Test Procedure

    BWC has reviewed the alternate equation, included as Attachment 3, 
for calculating recovery efficiency of residential gas, oil, and heat 
pump storage-type water heaters with a rated storage volume greater 
than or equal to two gallons with the Air-Conditioning, Heating, & 
Refrigeration Institute (AHRI), and other interested parties, and 
believes it provides a more accurate calculation of recovery 
efficiency. The proposed equation accounts for a recovery that could 
end in the middle of any draw or in between draws.
    Furthermore, ASHRAE Standard Project Committee 118.2 has reviewed 
this equation and included it in the most recent draft of their 
standard, Method of Testing for Rating Residential Water Heaters. This 
draft will shortly be sent out for public review and comment. We 
respectfully request DOE grant a waiver to use this alternative 
equation in lieu of the procedure specified in the current DOE 
efficiency test procedure.

Interim Waiver Request

    Bradford White Corporation also petitions for an interim waiver to 
allow us to use the equation shown in Attachment 3 to calculate the 
recovery efficiency of the identified basic models. We believe it is in 
both our interest and DOE's interest to have an interim test procedure, 
which provides a more accurate calculation of the recovery efficiency 
of the identified basic models.
    If BWC is not granted an interim waiver, BWC will continue to be 
put at a competitive advantage where the resulting UEF will be lower 
(for the reasons highlighted above) than a similarly designed 
competitive model, which will result in less units sold.

Respectfully submitted,

Bradford White Corporation

/s/Eric Truskoski

Eric Truskoski

Director of Government and Regulatory Affairs

Attachments:
    1. List of basic models manufactured by Bradford White Corporation.
    2. List of manufacturers of residential gas and heat pump storage-
type water heaters with a rated storage volume greater than or equal to 
two gallons
    3. Alternative recovery efficiency calculation
[Original List Submitted by Bradford White Corporation]
Attachment 1--List of Basic Models manufactured by Bradford White 
Corporation

------------------------------------------------------------------------
                Brand Names                           Model No.
------------------------------------------------------------------------
``BRADFORD WHITE'' and ``JETGLAS''........  RC2PV50H*N
``BRADFORD WHITE'' and ``JETGLAS''........  RE2H50S*[hyphen]*****
``BRADFORD WHITE'' and ``JETGLAS''........  RE2H80T*[hyphen]*****
``BRADFORD WHITE'' and ``JETGLAS''........  RG130T*N
``BRADFORD WHITE'' and ``JETGLAS''........  RG140T*N
``BRADFORD WHITE'' and ``JETGLAS''........  RG150T*N
``BRADFORD WHITE'' and ``JETGLAS''........  RG1D30T*N
``BRADFORD WHITE'' and ``JETGLAS''........  RG1D40S*N
``BRADFORD WHITE'' and ``JETGLAS''........  RG1D40T*N
``BRADFORD WHITE'' and ``JETGLAS''........  RG1D50T*N
``BRADFORD WHITE'' and ``JETGLAS''........  RG1PV40S*N
``BRADFORD WHITE'' and ``JETGLAS''........  RG1PV50S*N
``BRADFORD WHITE'' and ``JETGLAS''........  RG1PV55H*N
``BRADFORD WHITE'' and ``JETGLAS''........  RG2100H*N
``BRADFORD WHITE'' and ``JETGLAS''........  RG230S*N
``BRADFORD WHITE'' and ``JETGLAS''........  RG230T*N
``BRADFORD WHITE'' and ``JETGLAS''........  RG240S*N
``BRADFORD WHITE'' and ``JETGLAS''........  RG240T*N
``BRADFORD WHITE'' and ``JETGLAS''........  RG250H*N
``BRADFORD WHITE'' and ``JETGLAS''........  RG250L*N
``BRADFORD WHITE'' and ``JETGLAS''........  RG250S*N
``BRADFORD WHITE'' and ``JETGLAS''........  RG250T*N
``BRADFORD WHITE'' and ``JETGLAS''........  RG255H*N
``BRADFORD WHITE'' and ``JETGLAS''........  RG275H*N
``BRADFORD WHITE'' and ``JETGLAS''........  RG2D40S*N
``BRADFORD WHITE'' and ``JETGLAS''........  RG2D50S*N
``BRADFORD WHITE'' and ``JETGLAS''........  RG2DV40S*N[hyphen]***
``BRADFORD WHITE'' and ``JETGLAS''........  RG2DV50H*N[hyphen]***
``BRADFORD WHITE'' and ``JETGLAS''........  RG2DV50S*N[hyphen]***
``BRADFORD WHITE'' and ``JETGLAS''........  RG2DVMH30T*N
``BRADFORD WHITE'' and ``JETGLAS''........  RG2DVMH40T*N
``BRADFORD WHITE'' and ``JETGLAS''........  RG2F40S*N
``BRADFORD WHITE'' and ``JETGLAS''........  RG2F50S*N
``BRADFORD WHITE'' and ``JETGLAS''........  RG2MH30T*N
``BRADFORD WHITE'' and ``JETGLAS''........  RG2MH40T*N
``BRADFORD WHITE'' and ``JETGLAS''........  RG2PDV40S*N
``BRADFORD WHITE'' and ``JETGLAS''........  RG2PDV50H*N
``BRADFORD WHITE'' and ``JETGLAS''........  RG2PDV50S*N
``BRADFORD WHITE'' and ``JETGLAS''........  RG2PDV75H*N
``BRADFORD WHITE'' and ``JETGLAS''........  RG2PV40S*N
``BRADFORD WHITE'' and ``JETGLAS''........  RG2PV40T*N
``BRADFORD WHITE'' and ``JETGLAS''........  RG2PV50H*N
``BRADFORD WHITE'' and ``JETGLAS''........  RG2PV50S*N
``BRADFORD WHITE'' and ``JETGLAS''........  RG2PV50T*N
``BRADFORD WHITE'' and ``JETGLAS''........  RG2PV75H*N
``BRADFORD WHITE'' and ``JETGLAS''........  URG250H*N
``BRADFORD WHITE'' and ``JETGLAS''........  URG2DV50H*N[hyphen]***
``BRADFORD WHITE'' and ``JETGLAS''........  URG2DV50S*N[hyphen]***
``BRADFORD WHITE'' and ``JETGLAS''........  URG2PDV50H*N
``BRADFORD WHITE'' and ``JETGLAS''........  URG2PV50H*N
------------------------------------------------------------------------


[[Page 53716]]

Attachment 2--List of Manufacturers of Residential Gas, Oil, and Heat 
Pump Storage-Type Water Heaters With a Rated Storage Volume Greater 
Than or Equal to Two Gallons
Company:
     A. O. Smith Corporation
     Rheem Sales Company, Inc.
     Bock Water Heaters, Inc.
     GIANT Factories, Inc.
     Bradford White Corp.
     HTP Comfort Solutions LLC
     Rinnai America Corporation
     Vesta DS, Inc.
     Vaughn Thermal Corporation
     GD Midea Heating & Ventilating Equipment Co., Ltd.
Attachment 3--Alternative Recovery Efficiency Equation
    How the current calculation is written:
    [GRAPHIC] [TIFF OMITTED] TN08OC19.034
    
    Where this calculation falls short is when our first cut[hyphen]out 
occurs into or through subsequent draws. The definition of Tdel,1 and 
Tin, 1 are currently defined as the ``average water temperature 
measured during the Draws from the start of the 24 hour 
simulated[hyphen]use test to the end of the first recovery period, 
[deg]F, ([deg]C).''
Our Proposal
    We would like to propose the calculation below to avoid inflating 
the energy delivered that the averaging causes
[GRAPHIC] [TIFF OMITTED] TN08OC19.035

    Nr = number of draws that the first recovery period occurred 
during.

    First Recovery Period: Is defined by when the main burner of a 
storage water heater is lit and raising the temperature of the stored 
water until cut[hyphen]out; in the case the cut-out * occurs during a 
subsequent draw, the first recovery period is to include the time until 
the draw of water from the tank stops.

mi = Mass of draw i.
Cpi = Average Specific heat of draw i.
Qr = Energy consumption of water heater from the beginning of the 
test to the end of the first recovery period

    For example, if Nr = 2
    [GRAPHIC] [TIFF OMITTED] TN08OC19.036
    
    \*\If after the first cut[hyphen]out occurs during a subsequent 
draw, a subsequent cut[hyphen]in occurs prior to the draw completion, 
the first recovery period is to include the time until the subsequent 
cut[hyphen]out occurs, prior to another draw.
[FR Doc. 2019-21935 Filed 10-7-19; 8:45 am]
BILLING CODE 6450-01-P
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