Water Heater Test Procedures - Direct Final Rule by tre72542


									      61974            Federal Register / Vol. 69, No. 203 / Thursday, October 21, 2004 / Rules and Regulations

      [FR Doc. 04–17731 Filed 10–20–04; 8:45 am]               Supply Boilers and UnFired Hot Water                  Instantaneous, ANSI 21.10.3–1998, CSA
      BILLING CODE 6450–01–P                                   Storage Tanks; EE–RM/TP–99–480 and/                   4.3–M98, and its Addenda, ANSI
                                                               or RIN 1904–AA95, 1000 Independence                   Z21.103a–2000, CSA 4.3a–M00.’’ DOE is
                                                               Avenue, SW., Washington, DC 20585–                    incorporating by reference the ‘‘Method
      DEPARTMENT OF ENERGY                                     0121. Telephone: (202) 586–2945.                      of Test’’ subsections of sections 2.9 and
                                                               Please submit one signed paper original.              2.10 in ANSI Z21.10.3–1998, CSA 4.3–
      Office of Energy Efficiency and                             • Hand Delivery/Courier: Ms. Brenda                M98 and the sections referenced there,
      Renewable Energy                                         Edwards-Jones, U.S. Department of                     including sections 2.1.7, 2.3.3, 2.3.4,
                                                               Energy, Building Technologies Program,                2.30 and Figure 3.
      10 CFR Part 431                                          Room 1J–018, 1000 Independence                          Copies of these standards are
      [Docket No. EE–RM/TP–99–480]                             Avenue, SW., Washington, DC 20585.                    available for review in the resource
                                                                  Instructions: All submissions received             room of the Building Technologies
      RIN 1904–AA95                                            must include the agency name and                      Program, room 1J–018 at the U.S.
                                                               docket number or Regulatory                           Department of Energy, 1000
      Energy Efficiency Program for Certain                    Information Number (RIN) for this                     Independence Avenue, SW.,
      Commercial and Industrial Equipment:                     rulemaking.                                           Washington, DC 20585, between the
      Test Procedures and Efficiency                              Docket: For access to the docket to                hours of 9 a.m. and 4 p.m., Monday
      Standards for Commercial Water                           read background documents or                          through Friday, except Federal holidays.
      Heaters, Hot Water Supply Boilers and                    comments received, go to the U.S.                     Please call Ms. Brenda Edwards-Jones at
      Unfired Hot Water Storage Tanks                          Department of Energy, Forrestal                       (202) 586–2945, for additional
      AGENCY: Office of Energy Efficiency and                  Building, Room 1J–018 (Resource Room                  information regarding visiting the
      Renewable Energy, Department of                          of the Building Technologies Program),                resource room.
      Energy.                                                  1000 Independence Avenue, SW.,                          You can purchase copies of the
      ACTION: Direct final rule.                               Washington, DC 20585, (202) 586–9127,                 ASHRAE Standard and the standard
                                                               between 9 a.m. and 4 p.m., Monday                     incorporated by reference from Global
      SUMMARY: Pursuant to Part C of title III                 through Friday, except Federal holidays.              Engineering Documents, 15 Inverness
      of the Energy Policy and Conservation                    Please call Ms. Brenda Edwards-Jones at               Way East, Englewood, CO 80112,
      Act (EPCA), the Department of Energy                     the above telephone number for                        http://global.ihs.com/.
      (DOE or the Department) promulgates a                    additional information regarding                      I. Introduction
      rule prescribing test procedures to rate                 visiting the Resource Room. Please note:                 A. Authority
      the energy efficiency of commercial                      the Department’s Freedom of                              B. Background
      water heaters and hot water supply                       Information Reading Room (formerly                       C. Summary of the Direct Final Rule
      boilers. For these products and unfired                  Room 1E–190 at the Forrestal Building)                II. Discussion
      hot water storage tanks, the rule also                   is no longer housing rulemaking                          A. General
      prescribes relevant definitions and                      materials.                                               B. Commercial Instantaneous Water
                                                                                                                           Heaters and Hot Water Supply Boilers—
      recodifies existing energy conservation                  FOR FURTHER INFORMATION CONTACT:                            Definitions and Scope of Coverage
      standards, so that they are located                      Mohammed Khan, U.S. Department of                        1. Instantaneous Water Heaters
      contiguous with the test procedures that                 Energy, Office of Energy Efficiency and                  2. Hot Water Supply Boilers
      DOE promulgates today.                                   Renewable Energy, Forrestal Building,                    a. Definition—Use and Nature of the
      EFFECTIVE DATE: This direct final rule is                EE–2J, 1000 Independence Avenue,                            Product
      effective December 20, 2004, unless                                                                               b. Definition—Maximum Input Rating
                                                               SW., Washington, DC 20585–0121, (202)                    c. Effective Date of Requirements
      significant adverse or critical comments                 586–7892, FAX (202) 586–4617, e-mail:                    C. Commercial Water Heaters and Hot
      are received by November 22, 2004. If                    Mohammed.Khan@ee.doe.gov or                                 Water Supply Boilers—Test Procedures
      the effective date is delayed, a timely                  Francine Pinto, Esq, U.S. Department of                     for the Measurement of Energy Efficiency
      notice will be published in the Federal                  Energy, Office of General Counsel,                       1. Gas-fired Water Heaters
      Register. The incorporation by reference                 Forrestal Building, GC–72, 1000                          2. Booster Water Heaters
      of certain publications listed in this rule              Independence Avenue, SW.,                                3. Standby Loss Test Procedure
      is approved by the Director of the                       Washington, DC 20585, (202) 586–7432,                    4. Oil-fired Water Heaters
      Federal Register as of December 20,                                                                               5. Electric Water Heaters
                                                               e-mail: Francine.Pinto@ee.doe.gov.                       D. Commercial Unfired Hot Water Storage
      2004.                                                    SUPPLEMENTARY INFORMATION: This                             Tanks
      ADDRESSES:   You may submit comments,                    direct final rule incorporates, by                       E. Effect of Amended Test Procedure on
      identified by docket number EE–RM/                       reference, into subpart G of part 431,                      Measured Energy Efficiency
      TP–99–480 and/or RIN number 1904–                        test methods contained in an industry                 III. Final Action
      AA95, by any of the following methods:                   test standard referenced by the                       IV. Procedural Requirements
                                                                                                                        A. Review Under Executive Order 12866
        • Federal eRulemaking Portal: http://                  American Society of Heating,
                                                                                                                        B. Review Under the Regulatory Flexibility
      www.regulations.gov. Follow the                          Refrigerating, and Air-Conditioning                         Act
      instructions for submitting comments.                    Engineers, Inc. (ASHRAE) and the                         C. Review under the Paperwork Reduction
        • E-mail:                                              Illuminating Engineering Society of                         Act
      CommWaterHeatersDirectFinal                              North America (IES) Standard 90.1                        D. Review Under the National
      RuleComments@ee.doe.gov. Include EE–                     (‘‘ASHRAE/IES Standard 90.1’’) for                          Environmental Policy Act
      RM/TP–99–460 and/or RIN 1904–AA9,                        commercial water heaters and hot water                   E. Review Under Executive Order 13132
      in the subject line of the message.                      supply boilers. The industry test                        F. Review Under Executive Order 12988
        • Mail: Ms. Brenda Edwards-Jones,                      standard is American National                            G. Review Under the Uniform Mandates
                                                                                                                           Reform Act of 1995
      U.S. Department of Energy, Building                      Standards Institute Standard Z21.10.3–                   H. Review Under the Treasury and General
      Technologies Program, Mailstop EE–2J,                    1998 (ANSI Z21.10.3–1998), ‘‘Gas Water                      Government Appropriations Act, 1999
      Direct Final Rule for Test Procedures                    Heaters Volume III Storage Water                         I. Review Under Executive Order 12630
      and Efficiency Standards For                             Heaters, with Input Ratings Above                        J. Review Under the Treasury and General
      Commercial Water Heaters, Hot Water                      75,000 Btu per Hour, Circulating and                        Government Appropriations Act, 2001

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                       Federal Register / Vol. 69, No. 203 / Thursday, October 21, 2004 / Rules and Regulations                                       61975

        K. Review Under Executive Order 13211                  views and arguments. (42 U.S.C.                       Rulemaking and Public Hearing
        L. Review Under Section 32 of the Federal              6314(b)) Effective 360 days after a test              (‘‘proposed rule’’ or ‘‘NOPR’’) to
          Energy Administration Act of 1974                    procedure rule applicable to covered                  implement the energy efficiency
        M. Congressional Notification                                                                                standards and test procedures mandated
                                                               commercial equipment, such as water
        N. Approval by the Office of the Secretary
                                                               heaters, is prescribed, no manufacturer,              by EPCA for commercial water heaters,
      I. Introduction                                          distributor, retailer or private labeler              hot water supply boilers and unfired hot
      A. Authority                                             may make any representation in writing                water storage tanks. 65 FR 48852
         Title III of the Energy Policy and                    or in broadcast advertisement respecting              (August 9, 2000) The NOPR requested
      Conservation Act (EPCA) sets forth a                     the energy consumption or cost of                     data, comments, and information
                                                               energy consumed by such equipment,                    regarding the proposed regulations. The
      variety of provisions designed to
                                                               unless it has been tested in accordance               Department held a public workshop/
      improve energy efficiency of various
                                                               with the prescribed procedure and such                hearing (the ‘‘public hearing’’) on
      products and equipment. Part B of title
                                                               representation fairly discloses the                   September 20, 2000, to receive oral
      III (42 U.S.C. 6291–6309) provides for
                                                               results of the testing. (42 U.S.C. 6314(d))           comments. The Department accepted
      the ‘‘Energy Conservation Program for
                                                               Finally, under the terms of Part C of title           written comments until October 23,
      Consumer Products other than
                                                               III of EPCA, the Secretary is authorized              2000.
      Automobiles.’’ Part C of Title III (42                                                                            In formulating today’s direct final
      U.S.C. 6311–6317) provides for a                         to require manufacturers of covered
                                                               commercial equipment to submit                        rule, the Department considered the
      program similar to Part B which is                                                                             comments received, and has
      entitled ‘‘Certain Industrial Equipment’’                information and reports for a variety of
                                                               purposes, including ensuring                          incorporated recommendations where
      and which includes commercial air                                                                              appropriate. The Department received
      conditioning equipment, packaged                         compliance with requirements. (See 42
                                                               U.S.C. 6316(b))                                       comments with respect to the
      boilers, water heaters, and other types of                                                                     Department’s position as presented in
      commercial equipment.                                    B. Background                                         the NOPR only as to (1) The definition
         DOE publishes today’s direct final                                                                          and coverage of instantaneous water
      rule pursuant to Part C which                               DOE began implementation of Part C
                                                               of title III of EPCA by establishing 10               heaters and hot water supply boilers, (2)
      specifically provides for definitions, test                                                                    a test procedure for booster water
      procedures, labeling provisions, energy                  CFR part 431. Part 431 is entitled
                                                               ‘‘Energy Efficiency Program for Certain               heaters, (3) certain details of the test
      conservation standards, and authority to                                                                       procedures for other water heaters and
      require information and reports from                     Commercial and Industrial Equipment.’’
                                                               Eventually, part 431 will include                     (4) unfired storage tank test procedures.
      manufacturers. (See 42 U.S.C. 6311–                                                                            These comments are discussed in
      6317) With regard to test procedures,                    commercial heating, air conditioning
                                                               and water heating products. It will                   Section II.
      Part C generally authorizes the Secretary                                                                         For water heaters and unfired hot
      of Energy to prescribe test procedures                   consist of: test procedures, Federal
                                                               energy conservation standards, labeling,              water storage tanks, energy conservation
      that are reasonably designed to produce                                                                        standard levels were not at issue in
      results which reflect energy efficiency,                 and certification and enforcement
                                                               procedures. Today DOE proposes                        these proceedings. The NOPR merely
      energy use and estimated operating                                                                             proposed to recodify into the
      costs, and that are not unduly                           amendments to part 431 in order further
                                                               to implement Part C of title III of EPCA.             Department’s regulations on efficiency
      burdensome to conduct. (42 U.S.C.                                                                              requirements the standard levels that
      6314)                                                       As a first step in the process that led
                                                               to today’s direct final rule, the                     had been established in section 342(a) of
         With respect to some commercial                                                                             EPCA for this equipment. For hot water
      equipment for which EPCA prescribes                      Department convened public workshops
                                                               on April 14 and 15, 1998, and October                 supply boilers, in the NOPR the
      energy conservation standards under                                                                            Department stated its intent to adopt the
      EPCA section 342, including water                        18, 1998, to solicit views and
                                                               information from interested parties to                standard levels in Addendum n to
      heating products, section 343(a)(4)(A)                                                                         ASHRAE/IES Standard 90.1–1989,
      provides: ‘‘the test procedures shall be                 aid in developing proposed rules that
                                                               would address test procedures,                        which differ from the levels applicable
      those generally accepted industry                                                                              to this equipment under section 342(a)
      testing procedures or rating procedures                  certification and enforcement
                                                               procedures, and EPCA’s coverage for                   of EPCA. Subsequent to issuance of the
      developed or recognized by the Air-                                                                            NOPR, in a separate proceeding, the
      Conditioning and Refrigeration Institute                 this equipment. The workshop
                                                               discussions and comments focused on                   Department promulgated a regulation
      or by the American Society of Heating,                                                                         (10 CFR 431 subpart Q) to adopt as
      Refrigerating and Air Conditioning                       the following issues for commercial
                                                               water heating products specifically:                  Federal standards some of the efficiency
      Engineers, as referenced in ASHRAE/                                                                            levels contained in amendments to
      IES Standard 90.1 and in effect on June                     (1) The test procedure to incorporate              ASHRAE/IES Standard 90.1 for this
      30, 1992.’’ (42 U.S.C. 6314(a)(4)(A))                    by reference for testing commercial                   water heating equipment. (66 FR 3336,
      Further, if such an industry testing or                  water heaters;                                        3356 (January 12, 2001)). These Federal
      rating procedure is amended, DOE must                       (2) Proposed test procedures for                   standards became effective on October
      revise its test procedures to be                         testing unfired hot water storage tanks;              29, 2003, replacing corresponding
      consistent with the amendment, unless                       (3) Definition and coverage of hot                 standards in EPCA.
      the Secretary determines, based on clear                 water supply boilers;
      and convincing evidence, that to do so                      (4) Coverage of instantaneous water                C. Summary of the Direct Final Rule
      would not meet certain general                           heaters;                                                Today’s rule incorporates the
      requirements spelled out in the statute                     (5) Coverage and test procedures for               following for commercial water heating
      for test procedures. (42 U.S.C.                          heat pump water heaters; and                          equipment: (1) Definitions, including
      6314(a)(4)(B)) Before prescribing any                       (6) Coverage of waste heat recovery                some clarifications of EPCA’s coverage,
      test procedures for such equipment, the                  water heaters.                                        (2) energy efficiency test procedures,
      Secretary must publish them in the                          After considering both oral and                    and (3) energy conservation standards.
      Federal Register and afford interested                   written comments the Department                         The definitions largely incorporate
      persons at least 45 days to present data,                published a Notice of Proposed                        language from EPCA. In addition, the

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      61976            Federal Register / Vol. 69, No. 203 / Thursday, October 21, 2004 / Rules and Regulations

      rule specifically provides that                          one year from publication of this rule,               residential applications, regardless of
      instantaneous water heaters that heat                    hot water supply boilers with capacities              their input ratings, and that they should
      water to 180°F or higher are covered as                  of less than 10 gallons may comply with               be subject to the energy efficiency
      commercial equipment. And ‘‘hot water                    either the efficiency standards                       standards that apply to commercial
      supply boiler’’ is defined as proposed in                prescribed for them in this rule or with              water heaters. 65 FR 48854.
      the NOPR, in terms of its physical                       the standards prescribed for commercial                  The Department stated in the
      features and how the manufacturer                        packaged boilers.                                     preamble to the NOPR that the
      intends the equipment to be used.                           Finally, because the Department
                                                                                                                     Department concurs that these products
         The rule prescribes the sections of                   believes that EPCA neither prescribes
                                                                                                                     are generally distributed for commercial
      ANSI Standard Z21.10.3–1998 set forth                    nor mandates efficiency standards or
      above, with some minor modifications,                                                                          or industrial use, and rarely if ever for
                                                               test procedures for waste heat recovery
      as the prescribed testing methodologies                                                                        use by individual consumers. 65 FR
                                                               water heaters, today’s direct final rule
      for water heaters (including booster                                                                           48855. In addition, the NOPR’s
                                                               does not cover this equipment. This rule
      water heaters) and hot water supply                                                                            proposed definition of ‘‘instantaneous
                                                               also does not provide a test procedure
      boilers. (Until one year from the                                                                              water heater’’ stated that this product
                                                               for commercial heat pump water
      publication of this rule, however,                                                                             must be ‘‘a commercial HVAC & WH
                                                               heaters. The Department understands
      manufacturers of hot water supply                                                                              product.’’ 65 FR 48864. DOE defined the
                                                               that ASHRAE has published a new
      boilers with capacities of less than 10                                                                        latter term, in a related NOPR, 64 FR
                                                               standard (ANSI/ASHRAE 118.1–2003)
      gallons may use either this test                         which prescribes a method of test for                 69598, 69610 (December 13, 1999), by
      procedure, or, if they comply with the                   commercial heat pump water heaters.                   reference to section 340(1) of EPCA,
      efficiency standards for commercial                      The Department will evaluate whether                  which in essence provides that a
      packaged boilers as described below, the                 to adopt it in the future.                            product is covered as a commercial
      test procedure for such boilers.) Because                                                                      product under the statute if it is
      a new Federal energy conservation                        II. Discussion                                        distributed for commercial or industrial
      standard, which is a design rather than                  A. General                                            use, and not to any significant extent for
      a performance standard, recently went                                                                          personal or individual use. Thus, the
                                                                  Representatives of eight organizations,            NOPR’s proposed test procedures and
      into effect for unfired hot water storage
      tanks, the Department has not adopted                    comprising trade associations (the                    energy conservation standards for
      a test procedure for this equipment.                     American Gas Association and the Gas                  ‘‘instantaneous water heaters,’’ 65 FR
         Today’s rule includes energy                          Appliance Manufacturers Association                   48864 and 48866, would implicitly
      conservation standards so that they and                  (GAMA)), manufacturers (A.O. Smith                    apply to all instantaneous water heaters
      the test procedures for commercial                       Water Products Co. (A.O. Smith) and                   that heat water to temperatures of 180
      water heating equipment will be located                  Bock Water Heaters), private research/                °F and higher.
      contiguous to one another in DOE’s                       consulting entities (the Gas Technology
                                                               Institute, Arthur D. Little, Inc., and BR                During the public hearing, however,
      regulations. The standards are as                                                                              GAMA claimed that the NOPR
      follows: (1) For electric storage water                  Laboratories, Inc.), and a State
                                                               government energy agency (the                         addressed this issue inadequately.
      heaters and gas instantaneous water
                                                               California Energy Commission (CEC)),                  (GAMA, Tr. 118–1192)GAMA indicated
      heaters with capacities of less than 10
                                                               attended the public hearing on                        that given the exclusion of these
      gallons the currently applicable
                                                               September 20, 2000. The American                      products from DOE’s test procedure for
      minimum energy efficiency levels
                                                               Society of Testing and Materials                      consumer products, the Department
      prescribed by section 342(a) of EPCA;
                                                               (ASTM) did not attend the public                      should specifically include this product
      (2) for hot water supply boilers with
                                                               hearing but submitted written                         in its definitions for commercial
      capacities of less than 10 gallons, the
                                                               comments. GAMA and CEC also                           equipment.
      efficiency levels set forth in the NOPR;
      and (3) for the remaining commercial                     submitted written statements in advance                  As indicated above, the Department
      instantaneous water heaters and hot                      of the hearing, and GAMA submitted                    intends to cover all commercial
      water supply boilers, for storage water                  written comments after the hearing.                   instantaneous water heaters in today’s
      heaters and for unfired hot water storage                   The following discusses issues on                  direct final rule. DOE clarifies this point
      tanks, the new levels that became                        which comments were presented during                  in the direct final rule by adding to the
      effective on October 29, 2003.1 Until                    and after the public hearing.                         definition of instantaneous water heater
                                                               B. Commercial Instantaneous Water                     language that specifically includes
        1 Subpart   Q includes no amendments to the            Heaters and Hot Water Supply Boilers—                 products that raise water temperature to
      minimum efficiency levels prescribed in EPCA for
                                                               Definitions and Scope of Coverage                     180 °F or higher, and by substituting for
      electric storage water heaters and for gas-fired
      instantaneous water heaters with capacities less
                                                                                                                     ‘‘commercial HVAC & WH product’’ the
                                                               1. Instantaneous Water Heaters                        term ‘‘industrial equipment.’’ This term
      than 10 gallons, and prescribed in Addendum n to
      ASHRAE/IES Standard 90.1–1989 for hot water                 In the DOE test procedure for                      is defined in section 340(2) of EPCA as
      supply boilers with such capacities. Hence, today’s      residential water heaters, Appendix E to              including only equipment distributed to
      rule incorporates these efficiency levels. The
      Department has under review the minimum levels           Subpart B of 10 CFR Part 430, the                     a significant extent for commercial or
      for the latter two products, and previously decided      definition of gas fired instantaneous                 industrial use, and not for personal or
      not to adopt an amended level for electric storage       water heaters excludes equipment                      individual use. See 42 U.S.C. 6311(2).
      water heaters. See 66 FR at 3350, 3352, and 3356.        designed to heat water to 180 °F or                   The Department is also incorporating
      Furthermore, today’s rule includes no standby loss
      standards for electric instantaneous water heaters       higher, or with storage volumes of two                EPCA’s definition of ‘‘industrial
      that have storage capacity. EPCA appears to              gallons or more. During the workshops                 equipment’’ elsewhere into 10 CFR 431
      prescribe no standards for this product, and hence       held prior to the issuance of the NOPR,               so that it is more readily available to
      the Department proposed none in the NOPR.                GAMA stated that such products are not                users of the rule.
      Nevertheless, ASHRAE/IES Standard 90.1–1999
      contained amended standard levels for electric           designed or marketed for consumer/
      resistance water heaters greater than 12 kW, which                                                               2 ‘‘Tr.’’ followed by a number or numbers, refers

      apply to both electric storage and electric              obligated to consider and will consider whether to    to a page or pages in the transcript of the September
      instantaneous water heaters, and the Department is       adopt those levels for the instantaneous products.    20, 2000, public hearing in this matter.

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                       Federal Register / Vol. 69, No. 203 / Thursday, October 21, 2004 / Rules and Regulations                                         61977

      2. Hot Water Supply Boilers                              90.1–1989. (GAMA, No. 4 and No. 5 at                  characteristics of a ‘‘hot water supply
                                                               p. 2)3                                                boiler,’’ is covered by the provisions for
        The Department explained in detail in                    The Department explained in the                     packaged boilers.
      the preamble of the NOPR its intention                   NOPR that it did not intend to adopt the
      to adopt amendments to ASHRAE/IES                                                                              c. Effective Date of Requirements
                                                               provisions of Addendum n exactly as
      Standard 90.1–1989 (contained in                         written because they apply to                            The Department proposed that
      Addendum n to the Standard) with                         equipment, indeed to a unit of                        Addendum n’s test procedures (ANSI
      respect to hot water supply boilers, a                   equipment, based on how it is used.                   Z21.10.3) and efficiency standards for
      type of packaged boiler that is used for                 EPCA imposes requirements on                          hot water supply boilers would become
      service water heating. These                             equipment as manufactured. The                        effective as Federal requirements 60
      amendments prescribed for hot water                      Department pointed out that basing                    days after publication of this rule,
      supply boilers the energy efficiency                     requirements for boilers on how they                  because the Department believed that
      standards and test procedures that                       will be used would be untenable for                   manufacturers were already following
      applied to commercial instantaneous                      manufacturers, and unenforceable,                     the provisions of Addendum n (65 FR
      water heaters under both ASHRAE/IES                      because manufacturers cannot know                     48858). GAMA pointed out, however,
      Standard 90.1–1989 and EPCA. The                         how a purchaser will use a particular                 that ‘‘manufacturers have not had their
      Department proposed to adopt these                       unit of equipment. The Department                     hot water supply boilers tested for
      amendments with limited modifications                    stated, and continues to believe, that the            compliance with the requirements of
      necessary to adapt them for use under                    proposed definition of hot water supply               Addendum n because * * * to our
      EPCA. Such modifications consist                         boiler in terms of physical features that             knowledge, there are few, if any * * *
      primarily of defining ‘‘hot water supply                 are a necessary part of the equipment,                jurisdictions * * * that have adopted
      boiler’’ in terms of the intrinsic                       and of how the manufacturer intends                   and are enforcing Addendum n.’’
      characteristics of such a boiler, as well                that the equipment be used, implements                GAMA further stated that
      as the way the manufacturer markets the                  the intent of Addendum n to apply                     ‘‘manufacturers could not be certain that
      product. Further, the Department stated                  requirements for commercial water                     DOE would adopt the Addendum n
      in the preamble to the NOPR that if a                    heaters to boilers that provide service               requirements as Federal standards
      boiler is manufactured so that it can be                 water heating. GAMA’s comments                        because (1) it was not clear that hot
                                                               address neither the reasons the                       water supply boilers would be deemed
      used as either a hot water supply boiler
                                                                                                                     a Federally-covered product, since there
      or a hydronic heating boiler, it would                   Department set forth in the NOPR for
                                                                                                                     is no mention of hot water supply
      have to meet the energy efficiency                       declining to adopt the language of
                                                                                                                     boilers in EPACT; and (2) Addendum n
      standards for, and be tested as, both                    Addendum n nor the specific provisions
                                                                                                                     is a requirement applicable to a specific
      types of products. Finally, the                          the Department proposed in an effort to
                                                                                                                     application rather than to all products of
      Department proposed that these                           adhere to Addendum n as closely as
                                                                                                                     a given type.’’ (GAMA, No. 5 at pp. 1–
      requirements would become effective 60                   possible. Thus, the Department is not
                                                                                                                     2) Consequently, GAMA advocated that
      days after the direct final rule is                      adopting GAMA’s suggestion that the
                                                                                                                     our adoption of the Addendum n
      promulgated.                                             direct final rule contain language
                                                                                                                     requirements for hot water supply
        The following discussion addresses                     identical to Addendum n.
                                                                                                                     boilers become effective two years,
      the issues commenters raised as to the                     Accordingly, DOE adopts in today’s                  rather than 60 days, after publication of
      requirements for hot water supply                        direct final rule the approach proposed               this rule.
                                                               in the NOPR.                                             Since publication of the NOPR, this
      boilers, relating to which equipment is
      covered and to the effective date of the                 b. Definition—Maximum Input Rating                    issue has narrowed somewhat. In
      requirements.                                                                                                  another rulemaking, the Department
                                                                 In the NOPR the Department                          adopted as Federal standards for hot
      a. Definition—Use and Nature of the                      proposed to define hot water supply                   water supply boilers with capacities
      Equipment                                                boiler, in part, as a packaged boiler with            equal to or greater than 10 gallons the
                                                               an input rating from 300,000 Btu/hr to                efficiency levels prescribed in
         Pursuant to Addendum n, ASHRAE/                       12,500,000 Btu/hr. CEC commented that                 amendments to ASHRAE/IES Standard
      IES Standard 90.1 states that a hot water                this rule should not exclude from                     90.1 for instantaneous water heaters. 66
      supply boiler is ‘‘a boiler used to heat                 coverage hot water supply boilers with                FR at 3356. The Department adopted
      water for purposes other than space                      inputs greater than 12,500,000 Btu/hr.                these standards in January 2001, and
      heating,’’ and applies the energy                        (CEC, No. 2FF at p. 2) This element of                they apply to products manufactured on
      efficiency requirements specified for                    the proposed definition is taken                      or after October, 29, 2003. For these
      commercial instantaneous water heaters                   verbatim from the delineation of this                 products, therefore, no issue currently
      to hot water supply boilers used solely                  equipment in ASHRAE/IES Standard                      exists as to the effective date of
      for heating potable water. The limited                   90.1 and does not mean that equipment                 efficiency standards. Still at issue,
      modifications the Department proposed                    with inputs greater than 12,500,000 Btu/              however, are the effective dates for (1)
      in the NOPR for purposes of adopting                     hr are excluded from coverage under                   the test procedures that Addendum n
      Addendum n as a Federal requirement                      EPCA. Rather, any packaged boiler                     prescribes for these larger capacity hot
      included defining certain equipment as                   having an input greater than 12,500,000               water supply boilers, and (2) both the
      a hot water supply boiler based on the                   Btu/hr, and otherwise having the                      test procedures and standards that
      equipment’s features and how it is                                                                             Addendum n prescribes for hot water
      marketed, not how it is used. GAMA                         3 A notation in the form ‘‘GAMA, No. 5 at p. 2’’
                                                                                                                     supply boilers with a capacity of less
                                                               identifies a written comment the Department
      commented that DOE should limit its                      received in this rulemaking subsequent to issuance    than 10 gallons.
      requirements for hot water supply                        of the NOPR. This notation refers to a comment (1)       As to the test procedures for the larger
      boilers based on how products are                        by GAMA, (2) in document number 5 in the docket       capacity hot water supply boilers, the
      actually used. The Department should                     in this matter, and (3) appearing at page 2 of
                                                               document number 5. A notation without a page
                                                                                                                     Department will adhere to the approach
      adopt language identical to that in                      reference means that the comment appeared on the      proposed in the NOPR. Effective 60 days
      Addendum n to ASHRAE/IES Standard                        only page of a one page document.                     after publication of today’s rule, the

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      61978            Federal Register / Vol. 69, No. 203 / Thursday, October 21, 2004 / Rules and Regulations

      mandatory test procedure under EPCA                      standpoint of purchasers, and even                    dishwashing.4 CEC advocated that the
      for these products will become ANSI                      manufacturers, a single approach should               Department reference a recently
      Z21.10.3, the test procedure prescribed                  become mandatory for all hot water                    approved ASTM test procedure for
      for instantaneous water heaters. As just                 supply boilers as soon as possible so as              booster water heaters, indicating that
      indicated, since October 29, 2003, these                 to eliminate any confusion and                        this procedure is more appropriate for
      larger capacity hot water supply boilers                 inefficiency that might result from using             such equipment than ANSI Z21.10.3.
      have been subject to the same standards                  different metrics to rate similar                     (CEC, No. 2FF at p. 2, Tr. 118) Opposing
      as water heaters, a requirement the                      products. And third, as recognized by                 this suggestion, GAMA asserted that
      Department adopted in January 2001. To                   GAMA, manufacturers have been on                      with respect to gas water heaters the
      assure compliance with these standards,                  notice since publication of the NOPR                  ASTM procedure would be redundant
      DOE would expect manufacturers to                        that the Department intended to apply                 to the ANSI Z21.10.3 procedures that
      have already begun determining the                       to hot water supply boilers the                       the Department is adopting in this
      thermal efficiency and standby losses of                 efficiency requirements for                           rulemaking. (GAMA, Tr. 120)
      these hot water supply boilers, using the                instantaneous water heaters.                             The ASTM test procedure that CEC
      ANSI test procedures or similar                             DOE also notes that the smaller                    proposed for adoption is not referenced
      methods. And whether or not                              capacity hot water supply boilers would               by ASHRAE/IES Standard 90.1. Nor has
      manufacturers are already using such                     not be exempt from Federal efficiency                 evidence been presented that this test
      testing methods, they have had over two                  standards during the period before the                procedure validly measures compliance
      years to prepare to use them. Moreover,                  new requirements become effective for                 with the applicable efficiency standards
      a prescribed test procedure should be in                 them. Rather they would still be subject              mandated by EPCA. See Tr. 125–27.
      place as soon as possible to permit                      to the requirements for commercial                    Furthermore, as indicated above, there
      uniform, accurate assessments of                         packaged boilers.                                     is dispute as to whether the ASTM
      compliance with these standards.                            Today’s direct final rule will,                    procedure is needed to test booster
      Therefore, the Department believes it is                 however, allow products manufactured                  water heaters, in place of the procedure
      reasonable and necessary to provide that                 before such effective date to comply                  referenced in Standard 90.1, ANSI
      the new test procedure for hot water                     with the new requirements, reflecting                 Z21.10.3.
      supply boilers with capacities equal to                  the approach proposed in the NOPR for                    DOE has only limited authority to
      or greater than 10 gallons will become                   products manufactured before such                     decline to adopt a test procedure
      effective 60 days after publication of                   requirements become mandatory. (65 FR                 referenced by ASHRAE/IES Standard
      this rule.                                               at 48866) Specifically, hot water supply              90.1 (42 U.S.C. 6314(a)) and the record
         As to hot water supply boilers with                   boilers with capacities of less than 10               does not clearly establish either that the
      capacities of less than 10 gallons, the                  gallons, manufactured subsequent to                   ANSI test procedure is unsuitable for
      Department will not adhere to its                        October 28, 2003, and within one year                 testing booster water heaters, or that the
      proposed 60-day effective date. Instead,                 of publication of this rule, could meet               ASTM procedure is appropriate for use
      today’s direct final rule provides that                  either the requirements adopted for                   under the standard set forth in 42 U.S.C.
      the new standards and test procedures                    these products in today’s rule or the                 6314(a). Therefore, the Department is
      applicable to these hot water supply                     applicable requirements for packaged                  not prepared to determine that the ANSI
      boilers will become mandatory one year                   boilers.                                              procedure for this equipment should not
      after publication of this rule. The                                                                            be adopted, or to conclude that the
      Department believes this amount of lead                  C. Commercial Water Heaters and Hot
                                                               Water Supply Boilers—Test Procedures                  ASTM procedure would meet the
      time is warranted in light of the                                                                              standards of 42 U.S.C. 6314(a)(4)(C).
      information GAMA provided as to the                      for the Measurement of Energy
                                                               Efficiency                                            Accordingly, the Department is not
      lack of compliance with Addendum n,                                                                            adopting the ASTM test procedure, and
      and the time manufacturers may need to                   1. Gas-Fired Water Heaters                            the ANSI procedure will govern the
      design and manufacture these smaller                                                                           testing of booster water heaters covered
      capacity hot water supply boilers to                       In the NOPR DOE stated its intention
                                                               to incorporate by reference certain                   by EPCA. To the extent a manufacturer
      comply with the thermal efficiency                                                                             of a booster water heater, however,
      standard that these products will now                    sections of ANSI Z21.10.3–1998 as the
                                                               test procedure for commercial, gas-fired              believes the product cannot be tested
      be required to meet. The Department                                                                            under ANSI Z21.10.3, or that the test
      recognizes that this is less than the two-               water heaters. None of the comments
                                                               DOE received objected to this proposal,               procedure provides materially
      year effective date requested by GAMA                                                                          inaccurate comparative data, DOE’s
      from publication of today’s rule. But                    except in certain limited respects
                                                               discussed below. Therefore, in today’s                regulations will allow the manufacturer
      DOE believes the one-year effective date                                                                       to ask DOE to waive the ANSI test
      is reasonable for both manufacturers                     direct final rule DOE is adopting the
                                                               proposed test procedure for gas-fired                 procedures for one or more particular
      and purchasers for three reasons. First,                                                                       basic models and permit it to use the
      the larger capacity hot water supply                     water heaters, but with a minor
                                                               modification concerning standby loss                  ASTM procedure instead.
      boilers are already subject to standards
      that use the thermal efficiency                          testing as described in section II–C–3
                                                                                                                        4 In the NOPR, the Department indicated in effect
      descriptor, and manufacturers either                     below.
                                                                                                                     that all instantaneous water heaters with storage
      have begun or will shortly begin using                   2. Booster Water Heaters                              volumes greater than two gallons and capable of
      the ANSI Z21.10.3 test procedure to                                                                            heating water to temperatures of 180 °F or higher
                                                                  Booster water heaters are typically                are booster water heaters. (65 FR 48854–55). At the
      measure compliance with these                                                                                  public hearing GAMA pointed out, however, that
      standards. Therefore, manufacturers                      designed to take in water that is already             such instantaneous water heaters are not
      will have experience in using the new                    heated by a service water heater and                  necessarily booster water heaters, and that the latter
      descriptor and test procedure for hot                    ‘‘boost’’ the temperature even higher,                are a recently developed product specifically
      water supply boilers and, for the smaller                raising already hot water (110 to 140 °F)             designed for use with commercial dishwashers,
                                                                                                                     although in the past conventional commercial water
      products, will need less lead time than                  up to a 180 °F or higher. They are                    heaters had been modified and installed to provide
      advocated by GAMA. Second, from the                      typically used for commercial                         booster water heating. (Tr. 118–120).

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                       Federal Register / Vol. 69, No. 203 / Thursday, October 21, 2004 / Rules and Regulations                                        61979

         The Department is aware that ANSI                     data collection, or (2) 48 hours from the             the burner of an oil-fired water heater,
      updated Z21.10.3–1998 by issuing ANSI                    initiation of data collection if the water            the gas pressure regulator serves that
      Z21.10.3–2001, and that the only change                  heater is not in the heating mode at that             function on a gas-fired water heater.
      to the efficiency testing portions of the                time.                                                 ANSI Z21.10.3–1998 requires that,
      test procedure is that they provide                         Finally, the Department believes                   during the test of a gas-fired water
      methods specifically for testing booster                 GAMA is correct in stating that this                  heater, the outlet pressure for the gas
      water heaters. DOE will evaluate this                    modification would not alter the test                 pressure regulator must be within +/
      latest version and decide whether to                     results that would otherwise be                       ¥10 percent of that recommended by
      adopt it in the future.                                  produced under ANSI Z21.10.3–1998.                    the manufacturer. Requiring that the
                                                               (GAMA, Tr. at 135–36) To the extent,                  pump pressure be within this range
      3. Standby Loss Test Procedure                           however, that a change in the test                    during the test of an oil-fired appliance,
         In the NOPR the Department stated its                 results is caused by limiting the                     as recommended by A.O. Smith, would
      intention to incorporate by reference                    duration of the standby loss test                     appropriately allow the same magnitude
      section 2.10 of ANSI Z21.10.3–1998 as                    procedure to 48 hours, such change                    of tolerance for the fuel pressure in this
      the standby loss test procedure for                      would simply tend to provide the same                 type of equipment as the test procedure
      commercial water heaters and hot water                   results as would have been obtained                   already specifies for a gas-fired
      supply boilers, with certain additional                  using previous versions of the ANSI                   appliance. DOE believes that this
      stipulations. DOE also pointed out that                  Z21.10.3. This would realize DOE’s                    requirement would not affect the test
      versions of ANSI Z21.10.3 prior to 1998                  original intent that adoption of the 1998             results. Furthermore, DOE agrees with
      called for the standby loss test to                      version of the test procedure not alter               A.O. Smith that the +/¥1 percent
      terminate 48 hours after the initiation of               standby loss measurements. 65 FR                      tolerance would be very difficult to
      data collection unless the water heater                  48859.                                                achieve.
      is in the heating mode at that time, in                     The Department also notes that the                    In sum, DOE believes the evidence in
      which case the test would continue                       measured standby loss using ANSI                      the record is clear and convincing that
      until a ‘‘cutout’’ occurs (i.e., the                     Z21.10.3 (percent standby loss per hour)              maintaining this tolerance for the fuel
      thermostat acts to shut off the burner).                 must be converted to a quantity (Btu/                 pump pressure in testing the efficiency
      Under ANSI Z21.10.3–1998, the standby                    hour) that is consistent with the energy              of oil-fired water heaters would pose an
      loss test continues until the first cutout               efficiency standards listed in Section                undue burden on manufacturers.
      occurs after 24 hours from the time that                 431.110, so that manufacturers can                    Therefore, today’s direct final rule
      data collection is initiated.                            determine whether their products                      requires instead that the pressure be at
         GAMA commented that the change                        comply with the applicable standard.                  a level of +/¥10 percent of the
      was made to shorten the test procedure,                  Therefore, to provide a uniform method                manufacturer’s specification for the
      but after its adoption manufacturers                     for determining compliance, the                       equipment. DOE has determined that
      became aware that some water heaters,                    Department is stipulating the following               this tolerance level meets the
      particularly certain new designs, do not                 standard conversion formula as part of                requirements of 42 U.S.C. 6314(a)(2).
      experience this cutout until several days                today’s rule:
      beyond the end of the 24 hours, well                                                                           5. Electric Water Heaters
                                                               SL (Btu per hour) = S (% per hour) ×
      beyond the end of the 48 hour time                            8.25 (Btu/gal-F) × Measured Volume                  In the NOPR, DOE set forth its intent
      period. According to GAMA, this can                           (gal) × 70 (degrees F)                           to adopt ANSI Z21.10.3–1998, with the
      make the test quite long and                             The term ‘‘S (% per hour)’’ in this                   adaptations specified for testing electric
      burdensome. It suggested that DOE                        formula represents the standby loss as                water heaters in footnote e to Table 11.1
      adopt the referenced test procedure with                 measured using ANSI Z21.10.3–1998.                    of ASHRAE/IES Standard 90.1–1989
      a modification that limits the duration                  Since DOE has not previously proposed                 Addendum n, as the EPCA test
      of the standby loss test to the earlier of               a conversion formula, DOE is publishing               procedure for this equipment. A.O.
      the first cutout that occurs after 24                    today’s direct final rule to provide                  Smith asserted, however, that one of the
      hours from the time of initiation of data                stakeholders an opportunity to comment                adaptations—that the electrical supply
      collection or the end of 48 hours from                   on this issue.                                        voltage be maintained within +/¥1
      the initiation of data collection, as                                                                          percent of the center of the voltage range
      described above. (GAMA, No. 2EE at p.                    4. Oil-Fired Water Heaters                            specified on the water heater
      4, Tr. 131–36, 137) CEC agreed with                         In the NOPR, the Department set forth              nameplate—is unnecessary and would
      GAMA’s proposal, characterizing it as a                  its intention to adopt ANSI Z21.10.3–                 require costly equipment. (A.O. Smith,
      minor modification. (CEC, Tr. 136,138)                   1998, with the adaptations specified for              No. 3 at p. 1, Tr. 140) A.O. Smith
         The Department concurs in the need                    testing oil-fired water heaters in                    recommended that instead the
      for the modification suggested by                        footnote e to Table 11.1 of ASHRAE/IES                Department require the electrical supply
      GAMA and CEC. The Department                             Standard 90.1–1989 Addendum n, as                     voltage to be maintained within +/¥5
      believes that the evidence in the record                 the EPCA test procedure for this                      percent of the nameplate specification.
      is clear and convincing that without the                 product. A.O. Smith asserted, however,                   This change would affect
      48 hour termination provision, the                       that one of the adaptations—that the                  maintenance of the electrical supply but
      standby loss test procedure in ANSI                      burner rate be adjusted so that fuel                  not the tolerance for measurement of
      Z21.10.3–1998 can pose an undue                          pump pressure would lie within +/¥1                   electric energy consumed, since the test
      burden on manufacturers, and therefore                   percent of the manufacturer’s                         procedure would continue to require
      this modification meets the applicable                   specification—is unrealistic. (A.O.                   that such measurement be within a 1
      EPCA requirements for test procedures.                   Smith, No. 3 at p. 1, Tr. 145–146) It                 percent tolerance. Thus, the change
      Consequently, this rule will incorporate                 recommended that instead the                          would not detract from the rigor of the
      section 2.10 of ANSI Z21.10.3–1998                       Department require the pump pressure                  test procedure. DOE also agrees with
      with the added requirement that the                      to be within +/¥10 percent of the                     A.O. Smith that acceptance of its
      standby loss test will continue until the                manufacturer’s specification.                         recommendation would not affect the
      earlier of either, (1) the first cutout                     Just as the fuel pump establishes the              test results and would ease the burden
      following 24 hours from the initiation of                pressure at which fuel is delivered to                of testing this equipment.

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      61980            Federal Register / Vol. 69, No. 203 / Thursday, October 21, 2004 / Rules and Regulations

         For these reasons, DOE believes the                   determine whether the amended test                      the modifications for oil and electric
      evidence in the record is clear and                      procedure would alter the measured                      products, were all referenced in
      convincing that maintaining this +/¥1                    energy efficiency or measured energy                    ASHRAE 90.1–1989 and in effect on
      percent supply voltage tolerance in the                  use of any covered product as                           June 30, 1992. Therefore, the statute
      test procedure for electric water heaters                determined under the existing test                      itself sanctions the adoption of these
      would pose an undue burden on                            procedure. If the amendment does alter                  provisions, and their adoption is not a
      manufacturers. Therefore, today’s direct                 such measured efficiency or energy use,                 change or amendment to the existing
      final rule requires instead that the                     the Secretary must determine the                        ‘‘required’’ test procedure for purposes
      supply voltage be maintained at a level                  average efficiency or energy use level                  of 42 U.S.C. 6293(e) when that section
      of +/¥5 percent of the center of the                     under the new test procedure of                         refers to an ‘‘amended test procedure.’’
      voltage range specified on the                           products that minimally complied with                   In addition, of the changes to the test
      nameplate. DOE has determined that                       the applicable energy conservation                      method that were incorporated in
      this tolerance level meets the                           standard prior to the test procedure                    Z21.10.3–1998, and the four additional
      requirements of 42 U.S.C. 6314(a)(2).                    amendment, and must set the standard                    changes that DOE is including in this
                                                               at that level. (42 U.S.C. 6293(e)(2)) In                direct final rule, none would affect
      D. Commercial Unfired Hot Water
                                                               addition, any existing model of a                       measured efficiency and only certain of
      Storage Tanks
                                                               product that complied with the                          the changes to the standby loss test in
         Since ASHRAE/IES Standard 90.1                        previously applicable standard would                    Z21.10.3 might affect measured energy
      referenced no test procedure for hot                     be deemed to comply with the new                        use as determined under the previously
      water storage tanks as of the time                       standard. (42 U.S.C. 6293(e)(3)) These                  existing test procedure. But DOE
      EPACT was enacted, none was                              provisions prevent changes in a test                    believes that any such effect on standby
      prescribed by statute. (42 U.S.C.                        procedure from indirectly altering the                  loss measurements would be de
      6314(a)(4)(A)) The Department proposed                   applicable Federal energy conservation                  minimus. Therefore, DOE will not take
      in the NOPR, therefore, to require that                  standard. They also prevent products                    further action under 42 U.S.C. 6293(e)
      unfired hot water storage tanks having                   that complied with standards using the                  with regard to these changes.
      a storage capacity of 140 gallons or less                previous test procedure from being                         One of the changes in Z21.10.3–1998
      be tested for heat loss according to a test              forced out of compliance by the new test                to the standby loss test, for example, is
      procedure presented in the NOPR.                         procedure.                                              specification of a lower tank water
         Commenters expressed many                                EPCA provides that the DOE test                      temperature. This reduction in tank
      concerns about the proposed test                         procedures for commercial water                         water temperature allows for less heat
      procedure. (e.g., A.O. Smith, No. 3 at p.                heating products shall be those industry                energy loss to the surroundings and thus
      2, Tr. 149, 157–160; CEC, Tr. 156, 163)                  test procedures recognized by ASHRAE                    could affect standby loss. However, the
      However, this issue, and the concerns                    and referenced in ASHRAE Standard                       equation that is used to calculate
      expressed in the comments, are now                       90.1 and in effect on June 30, 1992. 42                 standby loss (as a percent per hour)
      moot. The Department subsequently                        U.S.C. 6341(a)(4)(A) For water heaters,                 effectively compensates for any possible
      adopted, in another rulemaking, a                        the version of ASHRAE Standard 90.1 in                  affect on standby loss that a change in
      requirement that unfired hot water                       effect on June 30, 1992, references the                 tank temperature could otherwise have.
      storage tanks be insulated to at least                   following: (1) For gas water heaters,                   The change in tank temperature does
      R12.5, and it went into effect as a                      ANSI Z21.10.3–1990, (2) for oil water                   not affect the measure of standby loss,
      Federal standard on October 29, 2003,                    heaters, ANSI Z21.10.3–1990, with                       and consequently does not alter
      replacing the 6.5 Btu/hr per ft2                         certain modifications, and (3) for                      measured energy use, as determined
      maximum heat loss requirement. 66 FR                     electric products, the standby loss                     under the previously existing test
      at 3356. Certain of the commenters had                   provisions of ANSI Z21.10.3–1990 with                   procedure. Therefore, DOE will not take
      recommended that the Department                          certain modifications. From 1992                        further action under 42 U.S.C. 6293(e)
      adopt this requirement instead of its                    through 1998, ANSI issued six updated                   with regard to this change.
      proposed test procedure. (GAMA, No.                      versions of Z21.10.3–1990, but only the                    Another test procedure amendment—
      2EE at p. 2, Tr. 151; AO Smith, No. 3                    1998 version changed the energy                         one of the Department’s four additional
      at p. 2) Given the adoption of this new                  efficiency and energy use testing                       changes to the test method—relates to
      standard, and the fact that a heat loss                  provisions.5 The direct final rule adopts               the duration requirement for the
      requirement is no longer in place for                    the relevant provisions of Z21.10.3–98                  standby loss test. As discussed in
      unfired hot water storage tanks, no need                 (including its changes to the test                      Section II.C.3 of this Direct Final Rule,
      exists for a DOE test procedure to                       methods) as the test procedure for these                the Department is adopting the standby
      measure heat loss for this product.                      products, along with the modifications                  loss test method in ANSI Z21.10.3–1998
      Moreover, ASHRAE/IES Standard 90.1–                      just referred to for oil and electric                   with an added provision limiting the
      1999 prescribes no test procedure for                    products, and four additional changes to                duration of that test. The Department
      determining compliance with the new                      these test procedures. The portions of                  believes that this modification would
      R12.5 insulation requirement, which is                   ANSI Z21.10.3–1998 that were                            not alter the standby loss test results
      a design rather than a performance                       contained in Z21.10.3–1990, as well as                  that would otherwise be produced
      standard, and DOE believes none is                                                                               under ANSI Z21.10.3–1998 or the
      necessary.                                                  5 The ANSI Z21.10.3 test procedure provides a        previous version of this test method.
         For these reasons, today’s direct final               method for measuring thermal efficiency and a           Hence, this modification also does not
                                                               method for measuring standby loss, and both of          alter measured energy use.
      rule does not include a test procedure                   these metrics are included in the standards for
      for unfired storage tanks.                               water heaters. The Department believes that, within
                                                                                                                          With respect to hot water supply
                                                               the meaning of section 323(e) of EPCA, the thermal      boilers, this direct final rule prescribes
      E. Effect of Amended Test Procedure on                   efficiency test method determines the ‘‘measured        ANSI Z21.10.3 as the required test
      Measured Energy Efficiency                               energy efficiency’’ of water heaters, and the standby   procedure, as DOE proposed in the
                                                               loss test method determines the ‘‘measured energy
        As to rulemakings to amend test                        use.’’ DOE refers here to the former as energy
                                                                                                                       NOPR. 65 FR 48865. This represents a
      procedures, section 323(e) of EPCA, 42                   efficiency testing provisions, and the latter as        change in the applicable test procedure
      U.S.C. 6293(e), provides that DOE shall                  energy use testing provisions.                          for hot water supply boilers, because as

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                       Federal Register / Vol. 69, No. 203 / Thursday, October 21, 2004 / Rules and Regulations                                         61981

      of June 30, 1992, ASHRAE 90.1 required                   IV. Procedural Requirements                           Paperwork Reduction Act. (44 U.S.C.
      a manufacturer to use one of the five test                                                                     3501 et seq.)
                                                               A. Review Under Executive Order 12866
      procedures for boilers that were                                                                               D. Review Under the National
      referenced in 90.1. Furthermore, on                         The Office of Information and                      Environmental Policy Act
      January 12, 2001, DOE adopted new                        Regulatory Affairs of the Office of
      standards as Federal requirements for                    Management and Budget (OMB) has                          DOE has determined that this rule
                                                               determined that today’s regulatory                    falls into a class of actions that are
      hot water supply boilers with capacities
                                                               action is not a ‘‘significant regulatory              categorically excluded from review
      equal to or greater than 10 gallons. 66
                                                               action’’ under Executive Order 12866,                 under the National Environmental
      FR 3336, 3356. In today’s rule, the                                                                            Policy Act of 1969 (42 U.S.C. 4321 et
      Department is adopting new standards                     ‘‘Regulatory Planning and Review,’’ 58
                                                               FR 51735 (October 4, 1993).                           seq.) and the Department’s
      for the smaller hot water supply boilers.                                                                      implementing regulations at 10 CFR part
      These new standards change the metric                    Accordingly, this action was not subject
                                                               to review under the Executive Order.                  1021. Specifically, this rule amends an
      used to measure the efficiency of this                                                                         existing rule without changing the
      equipment from combustion efficiency                     B. Review Under the Regulatory                        environmental effect of the rule being
      to thermal efficiency. In addition, for                  Flexibility Act                                       amended, and, therefore, is covered by
      larger equipment the new standards                                                                             the Categorical Exclusion in paragraph
                                                                  The Regulatory Flexibility Act (5
      include a standby loss metric. Even if                   U.S.C. 601 et seq.) requires preparation              A5 to subpart D, 10 CFR part 1021.
      today’s test procedure amendment does                    of an initial regulatory flexibility                  Accordingly, neither an environmental
      change the energy efficiency or energy                   analysis for any rule that by law must                assessment nor an environmental
      use rating of any model of this                          be proposed for public comment, unless                impact statement is required.
      equipment and would cause it not to                      the agency certifies that the rule, if                E. Review Under Executive Order 13132
      comply with the current energy                           promulgated, will not have a significant
      conservation standard, the standard for                                                                           Executive Order 13132, ‘‘Federalism,’’
                                                               economic impact on a substantial                      64 FR 43255 (August 4, 1999) imposes
      hot water supply boilers is now                          number of small entities. As required by              certain requirements on agencies
      changed. As a result, the new standard                   Executive Order 13272, ‘‘Proper                       formulating and implementing policies
      will supersede the current standard and                  Consideration of Small Entities in                    or regulations that preempt State law or
      render irrelevant the ability or inability               Agency Rulemaking,’’ 67 FR 53461                      that have federalism implications. The
      of any model to comply with the former                   (August 16, 2002), DOE published                      Executive Order requires agencies to
      standard based on determinations under                   procedures and policies on February 19,               examine the constitutional and statutory
      the existing test procedure. Thus, any                   2003, to ensure that the potential                    authority supporting any action that
      alteration in measured efficiency or                     impacts of its rules on small entities are            would limit the policymaking discretion
      energy use resulting from today’s                        properly considered during the                        of the States and carefully assess the
      amendment to the test procedure would                    rulemaking process (68 FR 7990). DOE                  necessity for such actions. The
      merely mean that the equipment in                        has made its procedures and policies                  Executive Order also requires agencies
      question does not meet the new                           available on the Office of General                    to have an accountable process to
      standard.                                                Counsel’s Web site: http://                           ensure meaningful and timely input by
                                                               www.gc.doe.gov.                                       State and local officials in the
      III. Final Action                                           DOE reviewed today’s rule under the                development of regulatory policies that
                                                               provisions of the Regulatory Flexibility              have federalism implications. On March
         DOE is publishing this direct final
                                                               Act and the procedures and policies                   14, 2000, DOE published a statement of
      rule in order to allow stakeholders an                   published on February 19, 2003, and
      opportunity to comment on revisions to                                                                         policy describing the intergovernmental
                                                               certified in the NOPR that the proposed               consultation process it will follow in the
      this rule that have not had prior                        rule would not impose a significant                   development of such regulations (65 FR
      proposal. The direct final action will be                economic impact on a substantial                      13735). DOE has examined today’s rule
      effective December 20, 2004, unless                      number of small entities. (64 FR 69597)               and has determined that it does not
      significant adverse or critical comments                 DOE received no comments on this                      preempt State law and does not have a
      are received by November 22, 2004.                       issue, and after considering the                      substantial direct effect on the States, on
      DOE views these revisions as                             potential small entity impact of this                 the relationship between the national
      noncontroversial and anticipates no                      direct final rule, DOE affirms the                    government and the States, or on the
      significant adverse comments. However,                   certification that this rule will not have            distribution of power and
      in the event that significant adverse or                 a significant economic impact on a                    responsibilities among the various
      critical comments are filed, DOE will                    substantial number of small entities.                 levels of government. No further action
      withdraw the rule before the effective                   Accordingly, DOE has not prepared a                   is required by Executive Order 13132.
      date. In the case of withdrawal of this                  regulatory flexibility analysis for this
      action, the withdrawal will be                           rulemaking. DOE will transmit the                     F. Review Under Executive Order 12988
      announced by a subsequent Federal                        certification and supporting statement                   With respect to the review of existing
      Register document. All public                            of factual basis to the Chief Counsel for             regulations and the promulgation of
      comments will then be addressed in a                     Advocacy of the Small Business                        new regulations, section 3(a) of
      separate proposed rule which will be                     Administration for review pursuant to 5               Executive Order 12988, ‘‘Civil Justice
      issued at a later date. Any parties                      U.S.C. 605(b).                                        Reform’’ (61 FR 4729, February 7, 1996),
      interested in commenting on this rule                                                                          imposes on Federal agencies the general
                                                               C. Review Under the Paperwork
      should do so at this time. If no                                                                               duty to adhere to the following
                                                               Reduction Act
      significant adverse comments are                                                                               requirements: (1) Eliminate drafting
                                                                 This rulemaking will impose no new                  errors and ambiguity; (2) write
      received, the public is advised that this
                                                               information or recordkeeping                          regulations to minimize litigation; and
      rule will be effective December 20,
                                                               requirements. Accordingly, OMB                        (3) provide a clear legal standard for
                                                               clearance is not required under the                   affected conduct rather than a general

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      61982            Federal Register / Vol. 69, No. 203 / Thursday, October 21, 2004 / Rules and Regulations

      standard and promote simplification                      H. Review Under the Treasury and                      OIRA as a significant energy action. For
      and burden reduction. Section 3(b) of                    General Government Appropriations                     any proposed significant energy action,
      Executive Order 12988 specifically                       Act, 1999                                             the agency must give a detailed
      requires that Executive agencies make                      Section 654 of the Treasury and                     statement of any adverse effects on
      every reasonable effort to ensure that the               General Government Appropriations                     energy supply, distribution, or use
      regulation: (1) Clearly specifies the                    Act, 1999 (Pub. L. 105–277) requires                  should the proposal be implemented,
      preemptive effect, if any; (2) clearly                   Federal agencies to issue a Family                    and of reasonable alternatives to the
      specifies any effect on existing Federal                 Policymaking Assessment for any rule                  action and their expected benefits on
      law or regulation; (3) provides a clear                  that may affect family well-being. This               energy supply, distribution, and use.
      legal standard for affected conduct                      rule would not have any impact on the                 Today’s regulatory action would not
      while promoting simplification and                       autonomy or integrity of the family as                have a significant adverse effect on the
      burden reduction; (4) specifies the                      an institution. Accordingly, DOE has                  supply, distribution, or use of energy
      retroactive effect, if any; (5) adequately               concluded that it is not necessary to                 and, therefore, is not a significant
      defines key terms; and (6) addresses                     prepare a Family Policymaking                         energy action. Accordingly, DOE has not
      other important issues affecting clarity                 Assessment.                                           prepared a Statement of Energy Effects.
      and general draftsmanship under any                      I. Review Under Executive Order 12630                 L. Review Under Section 32 of the
      guidelines issued by the Attorney                                                                              Federal Energy Administration Act of
      General. Section 3(c) of Executive Order                    DOE has determined pursuant to                     1974
      12988 requires Executive agencies to                     Executive Order 12630, ‘‘Governmental
                                                               Actions and Interference with                            Under Section 301 of the Department
      review regulations in light of applicable                                                                      of Energy Organization Act (Pub. L. 95–
      standards in section 3(a) and section                    Constitutionally Protected Property
                                                               Rights,’’ 53 FR 8859 (March 18, 1988),                91), the Department must comply with
      3(b) to determine whether they are met                                                                         Section 32 of the Federal Energy
                                                               that this regulation would not result in
      or it is unreasonable to meet one or                                                                           Administration Act of 1974 (FEAA), as
                                                               any takings which might require
      more of them. DOE has completed the                                                                            amended by the Federal Energy
                                                               compensation under the Fifth
      required review and determined that, to                  Amendment to the United States                        Administration Authorization Act of
      the extent permitted by law, this rule                   Constitution.                                         1977. 15 U.S.C. 788. The Department
      meets the relevant standards of                                                                                stated in the NOPR the reasons why
      Executive Order 12988.                                   J. Review Under the Treasury and                      section 32 does not apply to the
                                                               General Government Appropriations                     commercial standards incorporated into
      G. Review Under the Unfunded                             Act, 2001                                             the proposed rule, except for its
      Mandates Reform Act of 1995                                                                                    proposed test procedure for unfired hot
                                                                  The Treasury and General
        Title II of the Unfunded Mandates                      Government Appropriations Act, 2001                   water storage tanks. The Department
      Reform Act of 1995 (Pub. L. 104–4)                       (44 U.S.C. 3516, note), provides for                  received no comments on this issue.
                                                               agencies to review most disseminations                   The rule published today does not
      requires each Federal agency to assess
                                                               of information to the public under                    include the test procedure for unfired
      the effects of Federal regulatory actions
                                                               guidelines established by each agency                 hot water storage tanks, although it does
      on State, local, and tribal governments
                                                               pursuant to general guidelines issued by              incorporate the other standards that the
      and the private sector. With respect to
                                                               OMB. OMB’s guidelines were published                  NOPR proposed for incorporation. The
      a proposed regulatory action that may
                                                               at 67 FR 8452 (February 22, 2002), and                Department continues to adhere to the
      result in the expenditure by State, local                                                                      view expressed in the NOPR that
      and tribal governments, in the aggregate,                DOE’s guidelines were published at 67
                                                               FR 62446 (October 7, 2002). DOE has                   section 32 of the FEAA does not apply
      or by the private sector of $100 million                                                                       to these standards.
      or more (adjusted annually for                           reviewed today’s notice of direct final
      inflation), section 202 of the Act                       rulemaking under the OMB and DOE                      M. Congressional Notification
      requires a Federal agency to publish                     guidelines and has concluded that it is
                                                               consistent with applicable policies in                  As required by 5 U.S.C. 801, DOE will
      estimates of the resulting costs, benefits,                                                                    report to Congress on the promulgation
                                                               those guidelines.
      and other effects on the national                                                                              of today’s rule prior to its effective date.
      economy (2 U.S.C. 1532(a),(b)). The Act                  K. Review Under Executive Order 13211                 The report will state that it has been
      also requires a Federal agency to                           Executive Order 13211, ‘‘Actions                   determined that the rule is not a ‘‘major
      develop an effective process to permit                   Concerning Regulations That                           rule’’ as defined by 5 U.S.C. 804(2).
      timely input by elected officers of State,               Significantly Affect Energy Supply,
      local, and tribal governments on a                                                                             N. Approval by the Office of the
                                                               Distribution, or Use,’’ 66 FR 28355 (May              Secretary
      proposed ‘‘significant intergovernmental                 22, 2001), requires Federal agencies to
      mandate,’’ and requires an agency plan                   prepare and submit to the Office of                     The Secretary of Energy has approved
      for giving notice and opportunity for                    Information and Regulatory Affairs                    publication of today’s rule.
      timely input to potentially affected                     (OIRA), Office of Management and                      List of Subjects in 10 CFR Part 431
      small governments before establishing                    Budget, a Statement of Energy Effects for
      any requirements that might                                                                                      Administrative practice and
                                                               any proposed significant energy action.
      significantly or uniquely affect small                                                                         procedure, Commercial products,
                                                               A ‘‘significant energy action’’ is defined
      governments. On March 18, 1997, DOE                                                                            Energy conservation, Incorporation by
                                                               as any action by an agency that
      published a statement of policy on its                                                                         reference.
                                                               promulgated or is expected to lead to
      process for intergovernmental                            promulgation of a final rule, and that:                 Issued in Washington, DC, on July 27,
      consultation under the Act (62 FR                        (1) Is a significant regulatory action                2004.
      12820) (also available at http://                        under Executive Order 12866, or any                   David K. Garman,
      www.gc.doe.gov). The rule published                      successor order; and (2) is likely to have            Assistant Secretary, Energy Efficiency and
      today does not contain any Federal                       a significant adverse effect on the                   Renewable Energy.
      mandate, so these requirements do not                    supply, distribution, or use of energy, or            I For the reasons set forth in the
      apply.                                                   (3) is designated by the Administrator of             preamble, part 431 of Chapter II of Title

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                        Federal Register / Vol. 69, No. 203 / Thursday, October 21, 2004 / Rules and Regulations                                        61983

      10, Code of Federal Regulations is                           Hot water supply boiler means a                    tank requiring insulation, those areas of
      amended as set forth below:                               packaged boiler that is industrial                    a storage tank, including hand holes and
                                                                equipment and that,                                   manholes, in its uninsulated or pre-
      PART 431—ENERGY EFFICIENCY                                   (1) Has an input rating from 300,000               insulated state, that do not have pipe
      PROGRAM FOR CERTAIN                                       Btu/hr to 12,500,000 Btu/hr and of at                 penetrations or tank supports attached.
      COMMERCIAL AND INDUSTRIAL                                 least 4,000 Btu/hr per gallon of stored                  Thermal efficiency for an
      EQUIPMENT                                                 water,                                                instantaneous water heater, a storage
                                                                   (2) Is suitable for heating potable                water heater or a hot water supply boiler
      I 1. The authority citation for Part 431                  water, and                                            means the ratio of the heat transferred
      continues to read as follows:                                (3) Meets either or both of the                    to the water flowing through the water
          Authority: 42 U.S.C. 6311–6316.                       following conditions:                                 heater to the amount of energy
                                                                   (i) It has the temperature and pressure            consumed by the water heater as
      I 2. Subpart G is added to read as                        controls necessary for heating potable                measured during the thermal efficiency
      follows:                                                  water for purposes other than space                   test procedure prescribed in this
      Subpart G—Commercial Water Heaters, Hot                   heating, or                                           subpart.
      Water Supply Boilers and Unfired Hot Water                   (ii) The manufacturer’s product                       Unfired hot water storage tank means
      Storage Tanks                                             literature, product markings, product                 a tank used to store water that is heated
      Sec.                                                      marketing, or product installation and                externally, and that is industrial
      431.101 Purpose and scope.                                operation instructions indicate that the              equipment.
      431.102 Definitions concerning commercial                 boiler’s intended uses include heating
           water heaters, hot water supply boilers,             potable water for purposes other than                 Test Procedures
           and unfired hot water storage tanks.                 space heating.
                                                                                                                      § 431.105 Materials incorporated by
      Test Procedures
                                                                   Instantaneous water heater means a
                                                                water heater that has an input rating not
      431.105 Materials incorporated by                         less than 4,000 Btu/hr per gallon of                     (a) The Department incorporates by
          reference.                                                                                                  reference the following test procedures
      431.106 Uniform test method for the
                                                                stored water, and that is industrial
                                                                equipment, including products meeting                 into Subpart G of Part 431. The Director
          measurement of energy efficiency of                                                                         of the Federal Register has approved the
          commercial water heaters and hot water                this description that are designed to
                                                                heat water to temperatures of 180 °F or               material listed in paragraph (b) of this
          supply boilers (other than commercial
          heat pump water heaters).                             higher.                                               section for incorporation by reference in
      431.107 Uniform test method for the                          Packaged boiler means a boiler that is             accordance with 5 U.S.C. 552(a) and 1
          measurement of energy efficiency of                   shipped complete with heating                         CFR Part 51. Any subsequent
          commercial heat pump water heaters                    equipment, mechanical draft equipment                 amendment to this material by the
          [Reserved].                                           and automatic controls; usually shipped               standard-setting organization will not
      Energy Conservation Standards                             in one or more sections and does not                  affect the Department test procedures
                                                                include a boiler that is custom designed              unless and until the Department amends
      431.110 Energy conservation standards and
                                                                and field constructed. If the boiler is               its test procedures. The Department
          their effective dates.
                                                                shipped in more than one section, the                 incorporates the material as it exists on
      Subpart G—Commercial Water                                sections may be produced by more than                 the date of the approval and a notice of
      Heaters, Hot Water Supply Boilers and                     one manufacturer, and may be                          any change in the material will be
      Unfired Hot Water Storage Tanks                           originated or shipped at different times              published in the Federal Register.
                                                                and from more than one location.                         (b) Test procedure incorporated by
      § 431.101       Purpose and scope.                           R-value means the thermal resistance               reference. American National Standards
         This subpart contains energy                           of insulating material as determined                  Institute (ANSI) Standard: ‘‘Gas Water
      conservation requirements for certain                     based on ASTM Standard Test Method                    Heaters, Volume III, Storage Water
      commercial water heaters, hot water                       C177–97 or C518–91 and expressed in                   Heaters with Input Ratings above 75,000
      supply boilers and unfired hot water                      (°F·ft2·h/Btu).                                       Btu per Hour, Circulating and
      storage tanks, pursuant to Part C of Title                   Standby loss means the average                     Instantaneous, Z21.10.3–1998, CSA 4.3–
      III of the Energy Policy and                              hourly energy required to maintain the                M98, and its Addenda, ANSI Z21.10.3a–
      Conservation Act, as amended, 42                          stored water temperature, expressed as                2000, CSA 4.3a–M00,’’ IBR approved for
      U.S.C. 6311–6316.                                         applicable either (1) as a percentage (per            § 431.105. The Department is
                                                                hour) of the heat content of the stored               incorporating by reference the ‘‘Method
      § 431.102 Definitions concerning                          water and determined by the formula for               of Test’’ subsections of sections 2.9 and
      commercial water heaters, hot water supply                                                                      2.10 in ANSI Z21.10.3–1998, CSA 4.3–
                                                                S given in Section 2.10 of ANSI
      boilers, and unfired hot water storage                                                                          M98, and the sections referenced there,
      tanks.                                                    Z21.10.3–1998, denoted by the term
                                                                ‘‘S,’’ or (2) in Btu per hour based on a              including sections 2.1.7, 2.3.3, 2.3.4,
        The following definitions apply for                     70° F temperature differential between                2.30 and Figure 3.
      purposes of this subpart G, and of                        stored water and the ambient                             (c) Availability of references.—(1)
      subparts J through M of this part. Any                    temperature, denoted by the term ‘‘SL.’’              Inspection of test procedures. The test
      words or terms not defined in this                           Storage water heater means a water                 procedures incorporated by reference
      section or elsewhere in this part shall be                heater that heats and stores water within             are available for inspection at:
      defined as provided in section 340 of                     the appliance at a thermostatically                      (i) National Archives and Records
      the Act, 42 U.S.C. 6311.                                  controlled temperature for delivery on                Administration (NARA). For
        ASTM–D–2156–80 means the test                           demand and that is industrial                         information on the availability of this
      standard published in 1980 by the                         equipment. Such term does not include                 material at NARA, call 202–741–6030,
      American Society of Testing and                           units with an input rating of 4,000 Btu/              or go to: http://www.archives.gov/
      Measurements and titled Method for                        hr or more per gallon of stored water.                federal_register/
      Smoke Density in Flue Gases from                             Tank surface area means, for the                   code_of_federal_regulations/
      Burning Distillate Fuels.                                 purpose of determining portions of a                  ibr_locations.html.

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      61984            Federal Register / Vol. 69, No. 203 / Thursday, October 21, 2004 / Rules and Regulations

        (ii) U.S. Department of Energy, Office                 procedures in this subpart, but they are              § 431.106 Uniform test method for the
      of Energy Efficiency and Renewable                       not incorporated by reference. These                  measurement of energy efficiency of
      Energy, Hearings and Dockets, ‘‘Test                     sources are given here for information                commercial water heaters and hot water
      Procedures and Efficiency Standards for                  and guidance.                                         supply boilers (other than commercial heat
      Commercial Water Heaters, Hot Water                         (2) List of References. (i) ASTM                   pump water heaters).
      Supply Boilers, and Unfired Hot Water                    Standard Test Method C518–91,                            (a) Scope. This section covers the test
      Storage Tanks,’’ Docket No. EE–RM/TP–                    ‘‘Standard Test Method for Steady-State               procedures you must follow if, pursuant
      99–480, Forrestal Building, 1000                         Heat Flux Measurements and Thermal                    to EPCA, you are measuring the thermal
      Independence Avenue, SW.,                                Transmission Properties by Means of                   efficiency or standby loss, or both, of a
      Washington, DC 20585.                                    the Heat Flow Meter Apparatus.’’                      storage or instantaneous water heater or
        (2) Obtaining copies of Standards.                        (ii) ASTM Standard Test Method                     hot water supply boiler (other than a
      Anyone can purchase a copy of the                        C177–97, ‘‘Standard Test Method for
                                                                                                                     commercial heat pump water heater).
      standard incorporated by reference from                  Steady-State Heat Flux Measurements
      Global Engineering Documents, 15                         and Thermal Transmission Properties                      (b) Testing and Calculations.
      Inverness Way West, Englewood, CO                        by Means of the Guarded-Hot-Plate                     Determine the energy efficiency of each
      80112, or http://global.ihs.com/, or                     Apparatus.’’                                          covered product by conducting the test
      http://webstore.ansi.org/ansidocstore/.                     (iii) ASTM Standard Test Method                    procedure(s), set forth in the two
        (d) Reference standards.—(1) General.                  D2156–80, ‘‘Method for Smoke Density                  rightmost columns of the following
      The standards listed in this paragraph                   in Flue Gases from Burning Distillate                 table, that apply to the energy efficiency
      are referred to in the Department test                   Fuels.’’                                              descriptor(s) for that product:

                                                                        Use test setup, equipment
                                              Energy efficiency           and procedures in sub-
                  Product                                                                                              With these additional stipulations
                                                 descriptor             section labeled ‘‘Method of
                                                                                  Test’’ of

      Gas-fired Storage and In-            Thermal Efficiency ....     ANSI Z21.10.3–1998, § 2.9**        A. For all products, the duration of the standby loss test
       stantaneous Water Heat-                                                                              shall be until whichever of the following occurs first
       ers and Hot Water Supply                                                                             after you begin to measure the fuel and/or electric con-
       Boilers*.                                                                                            sumption: (1) The first cutout after 24 hours or (2) 48
                                                                                                            hours, if the water heater is not in the heating mode at
                                                                                                            that time.
                                           Standby Loss ............   ANSI Z21.10.3–1998,                B. For oil and gas products, the standby loss in Btu per
                                                                        § 2.10**.                           hour must be calculated as follows: SL (Btu per hour) =
                                                                                                            S (% per hour) × 8.25 (Btu/gal–F) × Measured Volume
                                                                                                            (gal) × 70 (degrees F).
                                                                                                          C. For oil-fired products, apply the following in conducting
                                                                                                            the thermal efficiency and standby loss tests:
                                                                                                          (1) Venting Requirements—Connect a vertical length of
                                                                                                            flue pipe to the flue gas outlet of sufficient height so as
                                                                                                            to meet the minimum draft specified by the manufac-
      Oil-fired Storage and Instan-        Thermal Efficiency ....     ANSI Z21.10.3–1998, § 2.9**        (2) Oil Supply—Adjust the burner rate so that: (a) The
        taneous Water Heaters                                                                               hourly Btu input rate lies within ±2 percent of the manu-
        and Hot Water Supply                                                                                facturer’s specified input rate, (b) the CO2 reading
        Boilers*.                                                                                           shows the value specified by the manufacturer, (c)
                                                                                                            smoke in the flue does not exceed No. 1 smoke as
                                                                                                            measured by the procedure in ASTM–D–2156–80, and
                                                                                                            (d) fuel pump pressure lies within ±10 percent of manu-
                                                                                                            facturer’s specifications.
                                           Standby Loss ............   ANSI Z21.10.3–1998,                D. For electric products, apply the following in conducting
                                                                        § 2.10**.                           the standby loss test:
                                                                                                          (1) Assume that the thermal efficiency (Et) of electric
                                                                                                            water heaters with immersed heating elements is 98
                                                                                                          (2) Maintain the electrical supply voltage to within ±5 per-
                                                                                                            cent of the center of the voltage range specified on the
                                                                                                            water heater nameplate.
      Electric Storage and Instan-         Standby Loss ............   ANSI Z21.10.3–1998,                (3) If the set up includes multiple adjustable thermostats,
        taneous Water Heaters.                                          § 2.10**.                           set the highest one first to yield a maximum water tem-
                                                                                                            perature in the specified range as measured by the top-
                                                                                                            most tank thermocouple. Then set the lower thermo-
                                                                                                            stat(s) to yield a maximum mean tank temperature
                                                                                                            within the specified range.
        *As to hot water supply boilers with a capacity of less than 10 gallons, these test methods become mandatory on October 21, 2005. Prior to
      that time, you may use for these products either (1) these test methods if you rate the product for thermal efficiency, or (2) the test methods in
      Subpart E if you rate the product for combustion efficiency as a commercial packaged boiler.
        **Incorporated by reference, see § 431.105.

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                         Federal Register / Vol. 69, No. 203 / Thursday, October 21, 2004 / Rules and Regulations                                                                           61985

      § 431.107       Uniform test method for the measurement of energy efficiency of commercial heat pump water heaters [Reserved].
      Energy Conservation Standards
      § 431.110       Energy conservation standards and their effective dates.
        Each commercial storage water heater, instantaneous water heater, unfired hot water storage tank and hot water supply
      boiler 1 must meet the applicable energy conservation standard level(s) as follows:

                                                                                                                          Energy conservation standard a (products manufactured on
                                                                                                                                       and after October 29, 2003) b
                                   Product                                                    Size
                                                                                                                                 Minimum thermal                        Maximum standby loss c

      Electric storage water heaters .....................................   All ......................................   N/A ....................................   0.30 + 27/Vm (%/hr)
      Gas-fired storage water heaters ..................................     ≤155,000 Btu/hr ................             80% ..................................     Q/800 + 110(Vr) 1/2 (Btu/hr)
                                                                             >155,000 Btu/hr ................             80% ..................................     Q/800 + 110(Vr) 1/2 (Btu/hr)
      Oil-fired storage water heaters ....................................   ≤155,000 Btu/hr ................             78% ..................................     Q/800 + 110(Vr) 1/2 (Btu/hr)
                                                                             >155,000 Btu/hr ................             78% ..................................     Q/800 + 110(Vr) 1/2 (Btu/hr)
      Gas-fired instantaneous water heaters and hot water                    <10 gal ..............................       80% ..................................     N/A
        supply boilers.                                                      ≥10 gal ..............................       80% ..................................     Q/800 + 110(Vr) 1/2 (Btu/hr)
      Oil-fired instantaneous water heaters and hot water                    <10 gal ..............................       80% ..................................     N/A
        supply boilers.                                                      ≥10 gal ..............................       78% ..................................     Q/800 + 110(Vr) 1/2 (Btu/hr)

                                   Product                                                    Size                                                Minimum thermal insulation

      Unfired hot water storage tank .....................................   All ......................................   R–12.5
        a V is the measured storage    volume and Vr is the rated volume, both in gallons. Q is the nameplate input rate in Btu/hr.
        b For hot water supply boilers with a capacity of less than 10 gallons: (1) the standards are mandatory for products manufactured on and after
      [Insert date one year after date the rule is published], and (2) products manufactured prior to that date, and on or after October 23, 2003, must
      meet either the standards listed in this table or the applicable standards in Subpart E of this Part for a ‘‘commercial packaged boiler.’’
         c Water heaters and hot water supply boilers having more than 140 gallons of storage capacity need not meet the standby loss requirement if
      (1) the tank surface area is thermally insulated to R–12.5 or more, (2) a standing pilot light is not used and (3) for gas or oil-fired storage water
      heaters, they have a fire damper or fan assisted combustion.

      [FR Doc. 04–17732 Filed 10–20–04; 8:45 am]
      BILLING CODE 6450–01–P

        1 Any packaged boiler that provides service water,          boiler’’ in subpart E of this part, but does not meet                    subpart G, must meet the requirements that apply
      that meets the definition of ‘‘commercial packaged            the definition of ‘‘hot water supply boiler’’ in                         to it under subpart E.

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