Energy Conservation Program: Decision and Order Granting a Waiver to Bradford White Corporation From the Department of Energy Consumer Water Heaters Test Procedure, 5648-5652 [2020-01847]

Agencies

• DEPARTMENT OF ENERGY

[Federal Register Volume 85, Number 21 (Friday, January 31, 2020)]
[Notices]
[Pages 5648-5652]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01847]


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DEPARTMENT OF ENERGY

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


Energy Conservation Program: Decision and Order Granting a Waiver 
to Bradford White Corporation From the Department of Energy Consumer 
Water Heaters Test Procedure

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

ACTION: Notice of Decision and Order.

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SUMMARY: The U.S. Department of Energy (DOE) gives notice of a Decision 
and Order (Case Number 2019-006) that grants to Bradford White 
Corporation (BWC) a waiver from specified portions of the DOE test 
procedure for determining the energy efficiency of the specified basic 
model of consumer water heaters. Under the Decision and Order, BWC is 
required to test and rate the specified basic model of its consumer 
water heaters in accordance with the alternate test procedure specified 
in this Decision and Order.

DATES: The Decision and Order is effective on January 31, 2020. The 
Decision and Order will terminate upon the compliance date of any 
future amendment to the test procedure for consumer water heaters 
located at 10 CFR part 430, subpart B, appendix E that addresses the 
issues presented in this waiver. At such time, BWC must use the 
relevant test procedure for this product for any testing to demonstrate 
compliance with the applicable standards, and any other representations 
of energy use.

FOR FURTHER INFORMATION CONTACT: 
    Ms. Lucy deButts, U.S. Department of Energy, Office of Energy 
Efficiency and Renewable Energy, Building Technologies Office, EE-5B, 
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: 
(202) 287-1604. Email: [email protected].
    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: In accordance with Title 10 of the Code of 
Federal Regulations (10 CFR 430.27(f)(2)), DOE gives notice of the 
issuance of its Decision and Order as set forth below. The Decision and 
Order grants BWC a waiver from the applicable test procedure at 10 CFR 
part 430, subpart B, appendix E for a specified basic model of consumer 
water heaters, and provides that BWC must test and rate such products 
using the alternate test procedure specified in the Decision and Order. 
BWC's representations concerning the energy efficiency of the specified 
basic model must be based on testing according to the provisions and 
restrictions in the alternate test procedure set forth in the Decision 
and Order, and the representations must fairly disclose the test 
results. Distributors, retailers, and private labelers are held to the 
same requirements when making representations regarding the energy 
efficiency of these products. (42 U.S.C. 6293(c)).
    Consistent with 10 CFR 430.27(j), not later than March 31, 2020, 
any manufacturer currently distributing in commerce in the United 
States products employing a technology or characteristic that results 
in the same need for a waiver from the applicable test procedure must 
submit a petition for waiver. Manufacturers not currently distributing 
such products in commerce in the United States must petition for

[[Page 5649]]

and be granted a waiver prior to the distribution in commerce of such 
products in the United States. 10 CFR 430.27(j). Manufacturers may also 
submit a request for interim waiver pursuant to the requirements of 10 
CFR 430.27.

    Signed in Washington, DC, on January 16, 2020.
Alexander N. Fitzsimmons,
Acting Deputy Assistant Secretary for Energy Efficiency, Energy 
Efficiency and Renewable Energy.

Case # 2019-006

Decision and Order

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))
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    \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.
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    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 those products 
(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 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 (appendix E).
    Any interested person may submit a petition for waiver from DOE's 
test procedure requirements. 10 CFR 430.27(a)(1). 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). 
DOE may grant the waiver subject to conditions, including adherence to 
alternate test procedures. Id.

II. BWC's Petition for Waiver: Assertions and Determinations

    By letter dated 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 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 determine 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 determined 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.
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    \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.
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    On October 8, 2019, DOE published a notice that announced its 
receipt of the petition for waiver and granted BWC an interim waiver. 
84 FR 53710 (Notice of Petition for Waiver). In the Notice of Petition 
for Waiver, DOE reviewed BWC's description of the issue and suggested 
alternative test method, as well as test data submitted by BWC. DOE 
initially agreed with the petitioner's claim that the test procedure at 
appendix E would test the model in a manner that is unrepresentative of 
its energy use. DOE also agreed generally that the suggested 
alternative test method would result in a more accurate calculation of 
recovery efficiency in those instances in which the first cut-out 
occurs during a draw, and avoids artificial inflating of the recovery 
efficiency (thereby resulting in a lower UEF value) that occurs using 
the calculation in DOE's current test procedure. Because BWC's petition 
for waiver stated that the issue may not occur for every individual 
model within a basic model designation, in the interim waiver that DOE 
granted, DOE modified the suggested alternate test procedure to specify 
that the alternate calculation applies only if the first cut-out of the 
24-hour SUT occurs during a hot water draw during testing. 
Specifically, the interim waiver required the basic model to be tested 
to appendix E, except that in the event of such occurrence, the interim 
waiver provided alternative provisions for section 6.3.2 of appendix E. 
84 FR 53710, 53712-

[[Page 5650]]

53713 (Oct. 8, 2019). The alternative provisions to section 6.3.2 added 
a new section 6.3.2.2 which included an equation for recovery 
efficiency to be used if the first cut-out occurs during a draw. The 
equation in section 6.3.2.2 used a summation of the energy removed from 
the tank via hot water for each individual draw, rather than average 
values across the draws. Id.
    In the Notice of Petition for Waiver, DOE also solicited comments 
from interested parties on all aspects of the petition and the 
specified alternate test procedure. Id. at 84 FR 53713-53714. DOE 
received two substantive comments in response to the Notice of Petition 
for Waiver, one from Rheem Manufacturing Company (Rheem), and the other 
from Jim Lutz (Lutz).\4\
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    \4\ Rheem's and Lutz's comments can be accessed at: https://www.regulations.gov/docket?D=EERE-2019-BT-WAV-0020. A third, non-
substantive comment was received from an anonymous submitter.
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    Rheem acknowledged the issue identified by BWC and supported the 
use of the equation provided in the alternate test procedure, stating 
that it provides for a more accurate measurement of efficiency and 
determination of UEF. (Rheem, No. 3 at p. 1) Rheem also stated that 
this issue is not unique to the model specified by BWC, and that the 
problem is related to the measurement conditions in appendix E, rather 
than the result of specific design attributes. (Id.) Rheem stated that 
a broad range of characteristics contribute to cut-in and cut-out 
timing and recovery duration, such as input rate, efficiency, heater 
geometry, and temperature control and response. (Rheem, No. 3, pp. 1-2) 
Rheem stated that, based on its analysis, a typical gas storage or heat 
pump storage water heater could terminate recovery after several draws. 
(Id.) Therefore, Rheem recommended that the waiver not be approved but 
instead that DOE act to amend the test procedure to correct and improve 
the issues related to the model in the waiver and the other model types 
identified by Rheem. (Rheem, No. 3, p. 2) Although Rheem acknowledged 
that other manufacturers experiencing the same issue can also request a 
waiver, it stated that such process is not expedient nor practical to 
do so on a model by model basis; accordingly, the commenter reasoned 
that, unless the test procedure is amended, granting the waiver would 
create a competitive disadvantage for other manufacturers facing the 
same issue. (Id.)
    As discussed in the Notice of Petition for Waiver and in this 
document, the issue identified by BWC occurs when, due to a design 
characteristic (or characteristics), a consumer water heater cuts-out 
during a draw. 84 FR 53710, 53711 (Oct. 8, 2019). As such, the basic 
model specified by BWC in its petition contains one or more design 
characteristics which cause the prescribed test procedures to evaluate 
the basic model in a manner so unrepresentative of its true energy and/
or water consumption characteristics as to provide materially 
inaccurate comparative data. See 10 CFR 430.27(a)(1). Where the 
relevant showing has been made under 10 CFR 430.27, a petitioner, such 
as BWC, is entitled to waiver relief from the applicable DOE test 
procedure.
    While other consumer water heater basic models may encounter 
similar issues to those experienced by the model identified by BWC, DOE 
does not have information indicating that consumer water heaters 
typically experience a cut-out in the middle of a hot water draw. 
Rather, because hot water is usually removed from the tank at a rate 
faster than the heater can recover, the heat source (e.g., burner) 
typically stays on for the duration of the draw and until after the hot 
water draw has terminated to achieve the required setpoint.\5\
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    \5\ DOE reviewed test data for 32 UEF tests and found that just 
1 model experienced cut-out during a hot water draw.
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    Regarding Rheem's concern about the impacts of granting the subject 
waiver on similarly situated manufacturers, DOE notes that its 
regulations already address such concerns. More specifically, the DOE 
regulations at 10 CFR 430.27(j) provide that within 60 days after the 
date of this waiver, any manufacturer currently distributing in 
commerce in the United States a product employing a technology or 
characteristic that results in the same need for a waiver is to submit 
a petition for waiver pursuant to the requirements of 10 CFR 430.27. 
Manufacturers not currently distributing such products in commerce in 
the United States must petition for and be granted a waiver prior to 
distribution in commerce in the United States. 10 CFR 430.27(j). 
Manufacturers may also submit a request for interim waiver. Id. 
Further, the regulations provide that 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, and as soon 
thereafter as practicable, DOE will publish in the Federal Register a 
final rule. 10 CFR 430.27(l).
    Lutz suggested a wording change to the definition of the first 
recovery period in the definition of the variable ``Nr'' in 
the alternate test procedure. In the interim waiver, DOE defined 
``Nr'' as follows:

    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.

    Lutz recommended that, rather than define the first recovery period 
as starting when the main burner is lit (``cut-in''), it should be 
defined as starting at the beginning of the test. Lutz stated that this 
change would capture any energy in water removed in draws before the 
cut-in if it does not occur in the first draw, which should be included 
in the calculation of recovery efficiency. (Lutz, No. 2 at p. 1)
    DOE notes that ``recovery efficiency'' is defined in section 1.10 
of appendix E as ``the ratio of energy delivered to the water to the 
energy content of the fuel consumed by the water heater.'' Since the 
initial recovery would replace heat removed from the water heater 
during draws prior to that first recovery (when applicable), DOE agrees 
it is appropriate to capture the energy delivered during the first 
draw. Further, section 1.13 of appendix E defines Qr, which 
is used in the calculation of recovery efficiency, as the energy 
consumption of the water heater from the beginning of the test to the 
end of the first recovery period following the first draw, which may 
extend beyond subsequent draws. Therefore, the DOE test procedure 
already accounts for the energy consumed from the start of the test to 
the end of the first recovery period, so DOE is adopting this slight 
change, as suggested by Lutz.
    Lutz also recommended that the alternate test procedure, including 
the new wording change, be applicable to all storage type water 
heaters. (Lutz, No. 2 p. 1) In response, the waiver process is to 
address a particular basic model(s) that contains one or more design 
characteristics which either prevent testing according to the 
prescribed procedures, or cause the prescribed test procedures to 
evaluate the basic model in a manner so unrepresentative of its true 
energy consumption characteristics

[[Page 5651]]

as to provide materially inaccurate comparative data. 10 CFR 
430.27(a)(1). Each petition must identify the particular basic model(s) 
for which a waiver is requested. 10 CFR 430.27(b)(1)(i). DOE only 
evaluates and grants, as appropriate, a waiver for the basic model for 
which the waiver was requested. See 10 CFR 430.27(f)(2). A petitioner 
may request that DOE extend the scope of a waiver to include additional 
basic models employing the same technology as the basic model(s) set 
forth in the original petition. 10 CFR 430.27(g). As such, the 
regulations do not provide for issuing a broad waiver in the manner 
suggested by Lutz. As stated, DOE will address this issue more broadly 
in an update to the test procedure.
    For the reasons explained here and in the Notice of Petition for 
Waiver, absent a waiver, the basic model identified by BWC in its 
petition cannot be tested and rated for energy consumption on a basis 
representative of its true energy consumption characteristics. DOE has 
reviewed the recommended alternate procedure suggested by BWC and 
concludes that it will allow for the accurate measurement of the energy 
use of the specified basic model, while alleviating the testing 
problems associated with BWC's implementation of DOE's applicable 
consumer water heaters test procedure for the specified basic model. As 
explained in the Notice of Interim Waiver, DOE modified the suggested 
alternate test procedure to specify that the alternate calculation 
applies only if the first cut-out of the 24-hour SUT occurs during a 
hot water draw during testing. In addition, as discussed, DOE is 
further modifying the alternate test procedure specified in the interim 
waiver as recommended by Lutz to define the first recovery period as 
beginning at the start of the test rather than at cut-in.
    Thus, DOE is requiring that BWC test and rate the specified 
consumer water heaters basic model for which it has requested a waiver 
according to the alternate test procedure specified in this Decision 
and Order.
    This Decision and Order is applicable only to the basic model 
listed and does not extend to any other basic models. DOE evaluates and 
grants waivers for only those basic models specifically set out in the 
petition, not future models that may be manufactured by the petitioner. 
BWC may request that DOE extend the scope of this waiver to include 
additional basic models that employ the same technology as those listed 
in this waiver. 10 CFR 430.27(g). BWC may also submit another petition 
for waiver from the test procedure for additional basic models that 
employ a different technology and meet the criteria for test procedure 
waivers. 10 CFR 430.27(a)(1).
    DOE notes that it may modify or rescind the waiver at any time upon 
DOE's determination that the factual basis underlying the petition for 
waiver is incorrect, or upon a determination that the results from the 
alternate test procedure are unrepresentative of the basic models' true 
energy consumption characteristics. 10 CFR 430.27(k)(1). Likewise, BWC 
may request that DOE rescind or modify the waiver if the company 
discovers an error in the information provided to DOE as part of its 
petition, determines that the waiver is no longer needed, or for other 
appropriate reasons. 10 CFR 430.27(k)(2).
    As explained above, the test procedure specified in this Decision 
and Order is not exactly the same as the alternate test procedure 
offered by BWC. If BWC believes that the alternate test method it 
suggested provides representative results and is less burdensome than 
the test method required by this Decision and Order, BWC may submit a 
request for modification under 10 CFR 430.27(k)(2) that addresses the 
concerns that DOE has identified with that procedure. BWC may also 
submit another less burdensome alternative test procedure not expressly 
considered in this notice under that same provision of DOE's 
regulations.

III. Consultations With Other Agencies

    In accordance with 10 CFR 430.27(f)(2), DOE consulted with the 
Federal Trade Commission (FTC) staff concerning the BWC petition for 
waiver.

IV. Order

    After careful consideration of all the material that was submitted 
by BWC and comment received in this matter, it is ordered that:
    (1) BWC must, as of the date of publication of this Order in the 
Federal Register, test and rate the following ``BRADFORD WHITE'' and 
``JETGLAS'' branded consumer water heaters basic model with the 
alternate test procedure as set forth in paragraph (2):

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                  Brand                             Basic model
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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 Section 6.3.2 (which is modified as detailed below). All 
other requirements of appendix E and DOE's regulations remain 
applicable.
    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] TN31JA20.014

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

[[Page 5652]]

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] TN31JA20.015

Where:

Nr = number of draws from the start of the 24-hour 
simulated-use test to the end of the first recovery period. The 
first recovery period is defined by the time from the start of the 
24-hour simulated-use test and continues during the temperature rise 
of the stored water until the first 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) of this Order 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 waiver shall remain in effect according to the provisions 
of 10 CFR 430.27.
    (5) This waiver is issued on the condition that the statements, 
representations, and documents provided by BWC are valid. If BWC makes 
any modifications to the controls or configurations of this basic 
model, the waiver will no longer be valid, and BWC will either be 
required to use the current Federal test method or submit a new 
application for a test procedure waiver. 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 waiver if BWC discovers an error 
in the information provided to DOE as part of its petition, determines 
that the 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.

    Signed in Washington, DC, on January 16, 2020.

Alexander N. Fitzsimmons,
Acting Deputy Assistant Secretary for Energy Efficiency, Energy 
Efficiency and Renewable Energy.
[FR Doc. 2020-01847 Filed 1-30-20; 8:45 am]
BILLING CODE 6450-01-P