This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

35299 

Vol. 77, No. 114 

Wednesday, June 13, 2012 

1For editorial reasons, upon codification in the 

U.S. Code, Part B was redesignated as Part A. 

2All references to EPCA in this document refer 

to the statute as amended through the Energy 

Independence and Security Act of 2007, Public Law 

110–140 (Dec. 19, 2007). 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[Docket No. EERE–2012–BT–STD–0022] 

RIN 1904–AC78 

Energy Conservation Program for 

Consumer Products and Certain 

Commercial and Industrial Equipment: 

Energy Conservation Standards for 

Residential Water Heaters 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Request for information. 

SUMMARY: The U.S. Department of 

Energy (DOE) is requesting data and 

information about the impact of its 

recently amended energy conservation 

standards for residential electric water 

heaters on utility programs that use 

high-storage-volume (above 55 gallons) 

electric storage water heaters to reduce 

peak electricity demand. DOE amended 

its standards for residential water 

heaters on April 16, 2010, and 

compliance with the amended standards 

is required beginning on April 16, 2015. 

Of particular relevance, the amended 

standards for residential water heaters 

raised the minimum requirements for 

electric storage water heaters with 

storage volumes above 55 gallons to 

levels that are currently achieved 

through the use of heat pump water 

heater technology. Utilities have 

expressed concerns that the amended 

levels will negatively impact programs 

designed to reduce peak energy demand 

by heating water only during off-peak 

times and storing the water for use 

during peak demand periods. This 

request for information solicits feedback 

on the effects of the amended energy 

conservation standards for electric 

storage water heaters on such utility 

programs. 

DATES: DOE will accept written 

comments, data, and information on this 

notice until July 13, 2012. 

ADDRESSES: Interested persons are 

encouraged to submit comments using 

the Federal eRulemaking Portal at 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Alternatively, interested persons may 

submit comments, identified by docket 

number EERE–2012–BT–0022 and/or 

RIN 1904–AC78, by any of the following 

methods: 

• Email: ResWaterHtrsRFI-2012-STD0022@ee.doe.gov. Include EERE–2012– 

BT–0022 and/or RIN 1904–AC78 in the 

subject line of the message. Submit 

electronic comments in WordPerfect, 

Microsoft Word, PDF, or ASCII file 

format, and avoid the use of special 

characters or any form of encryption. 

• Postal Mail: Ms. Brenda Edwards, 

U.S. Department of Energy, Building 

Technologies Program, Mailstop EE–2J, 

1000 Independence Avenue SW., 

Washington, DC 20585–0121. 

Telephone: (202) 586–2945. If possible, 

please submit all items on a compact 

disc (CD), in which case it is not 

necessary to include printed copies. 

• Hand Delivery/Courier: Ms. Brenda 

Edwards, U.S. Department of Energy, 

Building Technologies Program, 950 

L’Enfant Plaza SW., 6th Floor, 

Washington, DC 20024. Telephone: 

(202) 586–2945. If possible, please 

submit all items on a CD, in which case 

it is not necessary to include printed 

copies. 

All submissions received must 

include the agency name and docket 

number and/or RIN for this rulemaking. 

No telefacsimilies (faxes) will be 

accepted. For detailed instructions on 

submitting comments and additional 

information on the rulemaking process, 

see section III of this document (Public 

Participation). 

Docket: The docket for this 

rulemaking is available for review at 

www.regulations.gov, including Federal 

Register notices, comments, and other 

supporting documents/materials. All 

documents in the docket are listed in 

the www.regulations.gov index. 

However, not all documents listed in 

the index may be publicly available, 

such as information that is exempt from 

public disclosure. 

A link to the docket web page can be 

found at: http://www.regulations.gov/#!

docketDetail;dct=FR+PR+N+

O+SR+PS;rpp=50;so=DESC;sb=posted

Date;po=0;D=EERE-2012-BT-STD-0022. 

The www.regulations.gov web page will 

contain simple instructions on how to 

access all documents, including public 

comments, in the docket. 

For further information on how to 

review the docket, contact Ms. Brenda 

Edwards at (202) 586–2945 or by email: 

Brenda.Edwards@ee.doe.gov. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Ashley Armstrong, U.S. Department of 

Energy, Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies Program, EE–2J, 1000 

Independence Avenue SW., 

Washington, DC 20585–0121. 

Telephone: (202) 586–6590. Email: 

Ashley.Armstrong@ee.doe.gov. 

Mr. Ari Altman, U.S. Department of 

Energy, Office of the General Counsel, 

Mailstop GC–71, 1000 Independence 

Avenue SW., Washington, DC 20585– 

0121. Telephone: (202) 287–6307. 

Email: Ari.Altman@hq.doe.govmailto:. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Introduction 

A. Statutory Authority 

B. Background 

II. Discussion 

A. Description of Utility Electric Thermal 

Storage Programs for Water Heaters 

B. Discussion of Utility Company Concerns 

With April 2010 Water Heater Standards 

III. Public Participation 

A. Submission of Comments 

B. Issues on Which DOE Seeks Comment 

I. Introduction 

The following section briefly 

discusses the statutory authority 

underlying the U.S. Department of 

Energy’s (DOE’s) standards for 

residential water heaters, as well as 

some of the relevant historical 

background related to the establishment 

of standards for residential water 

heaters. 

A. Statutory Authority 

Title III, Part B1 of the Energy Policy 

and Conservation Act of 1975 (‘‘EPCA’’ 

or ‘‘the Act’’), Public Law 94–163 (42 

U.S.C. 6291–6309, as codified) sets forth 

a variety of provisions designed to 

improve energy efficiency and 

establishes the Energy Conservation 

Program for Consumer Products Other 

Than Automobiles,2 a program covering 

most major household appliances 

(collectively referred to as ‘‘covered 


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products’’), which includes the types of 

residential water heaters that are the 

subject of today’s notice. (42 U.S.C. 

6292(a)(4)) EPCA prescribed energy 

conservation standards for these 

products (42 U.S.C. 6295(e)(1)) and 

directed DOE to conduct two cycles of 

rulemakings to determine whether to 

amend standards. (42 U.S.C. 6295(e)(4)) 

Furthermore, under 42 U.S.C. 6295(m), 

the agency must periodically review its 

already established energy conservation 

standards for a covered product. Under 

this requirement, the next review that 

DOE would need to conduct must occur 

no later than six years from the issuance 

of a final rule establishing or amending 

a standard for a covered product. 

Under EPCA, this program generally 

consists of four parts: (1) Testing; (2) 

labeling; (3) establishing Federal energy 

conservation standards; and (4) 

certification and enforcement 

procedures. The Federal Trade 

Commission (FTC) is primarily 

responsible for labeling consumer 

products, and DOE implements the 

remainder of the program. Subject to 

certain criteria and conditions, DOE is 

required to develop test procedures to 

measure the energy efficiency, energy 

use, or estimated annual operating cost 

of each covered product. (42 U.S.C. 

6293) Manufacturers of covered 

products must use the prescribed DOE 

test procedure as the basis for certifying 

to DOE that their products comply with 

the applicable energy conservation 

standards adopted under EPCA and 

when making representations to the 

public regarding the energy use or 

efficiency of those products. (42 U.S.C. 

6293(c) and 6295(s)) Similarly, DOE 

must use these test procedures to 

determine whether the products comply 

with standards adopted pursuant to 

EPCA. Id. The DOE test procedures for 

residential water heaters currently 

appear at title 10 of the Code of Federal 

Regulations (CFR) part 430, subpart B, 

appendix E. 

DOE must follow specific statutory 

criteria for prescribing amended 

standards for covered products. As 

indicated above, any amended standard 

for a covered product must be designed 

to achieve the maximum improvement 

in energy efficiency that is 

technologically feasible and 

economically justified. (42 U.S.C. 

6295(o)(2)(A)) Furthermore, DOE may 

not adopt any standard that would not 

result in the significant conservation of 

energy. (42 U.S.C. 6295(o)(3)) Moreover, 

DOE may not prescribe a standard: (1) 

For certain products, including 

residential water heaters, if no test 

procedure has been established for the 

product, or (2) if DOE determines by 

rule that the proposed standard is not 

technologically feasible or economically 

justified. (42 U.S.C. 6295(o)(3)(A)–(B)) 

In deciding whether a proposed 

standard is economically justified, DOE 

must determine whether the benefits of 

the standard exceed its burdens. (42 

U.S.C. 6295(o)(2)(B)(i)) DOE must make 

this determination after receiving 

comments on the proposed standard, 

and by considering, to the greatest 

extent practicable, the following seven 

factors: 

1. The economic impact of the 

standard on manufacturers and 

consumers of the products subject to the 

standard; 

2. The savings in operating costs 

throughout the estimated average life of 

the covered products in the type (or 

class) compared to any increase in the 

price, initial charges, or maintenance 

expenses for the covered products that 

are likely to result from the imposition 

of the standard; 

3. The total projected amount of 

energy, or as applicable, water, savings 

likely to result directly from the 

imposition of the standard; 

4. Any lessening of the utility or the 

performance of the covered products 

likely to result from the imposition of 

the standard; 

5. The impact of any lessening of 

competition, as determined in writing 

by the Attorney General, that is likely to 

result from the imposition of the 

standard; 

6. The need for national energy and 

water conservation; and 

7. Other factors the Secretary of 

Energy (Secretary) considers relevant. 

(42 U.S.C. 6295(o)(2)(B)(i)(I)–(VII)). 

EPCA, as codified, also contains what 

is known as an ‘‘anti-backsliding’’ 

provision, which prevents the Secretary 

from prescribing any amended standard 

that either increases the maximum 

allowable energy use or decreases the 

minimum required energy efficiency of 

a covered product. (42 U.S.C. 

6295(o)(1)) Also, the Secretary may not 

prescribe an amended or new standard 

if interested persons have established by 

a preponderance of the evidence that 

the standard is likely to result in the 

unavailability in the United States of 

any covered product type (or class) of 

performance characteristics (including 

reliability), features, sizes, capacities, 

and volumes that are substantially the 

same as those generally available in the 

United States. (42 U.S.C. 6295(o)(4)) 

Further, EPCA, as codified, 

establishes a rebuttable presumption 

that a standard is economically justified 

if the Secretary finds that the additional 

cost to the consumer of purchasing a 

product complying with an energy 

conservation standard level will be less 

than three times the value of the energy 

savings during the first year that the 

consumer will receive as a result of the 

standard, as calculated under the 

applicable test procedure. See 42 U.S.C. 

6295(o)(2)(B)(iii). 

Additionally, 42 U.S.C. 6295(q)(1) 

specifies requirements when 

promulgating a standard for a type or 

class of covered product that has two or 

more subcategories. DOE must specify a 

different standard level than that which 

applies generally to such type or class 

of products for any group of covered 

products that have the same function or 

intended use if DOE determines that 

products within such group (A) 

consume a different kind of energy from 

that consumed by other covered 

products within such type (or class); or 

(B) have a capacity or other 

performance-related feature which other 

products within such type (or class) do 

not have and such feature justifies a 

higher or lower standard. (42 U.S.C. 

6295(q)(1)). A rule prescribing an energy 

conservation standard for a type (or 

class) of covered products shall specify 

a level of energy use or efficiency higher 

or lower than that which applies (or 

would apply) for such type (or class) for 

any group of covered products that have 

the same function or intended use, if the 

Secretary determines that covered 

products within such group consume a 

different kind of energy from that 

consumed by other covered products 

within such type (or class); or have a 

capacity or other performance-related 

feature that other products within such 

type (or class) do not have and such 

feature justifies a higher or lower 

standard from that which applies (or 

will apply) to other products within 

such type (or class). Any rule 

prescribing such a standard must 

include an explanation of the basis on 

which such higher or lower level was 

established. (42 U.S.C. 6295(q)(2)) 

Federal energy conservation 

requirements generally supersede State 

laws or regulations concerning energy 

conservation testing, labeling, and 

standards. (42 U.S.C. 6297(a)–(c)) DOE 

may, however, grant waivers of Federal 

preemption for particular State laws or 

regulations, in accordance with the 

procedures and other provisions set 

forth under 42 U.S.C. 6297(d)). 

B. Background 

Before being amended by the National 

Appliance Energy Conservation Act of 

1987 (NAECA; Pub. L. 100–12), Title III 

of EPCA included water heaters 

equipment as covered products. 

NAECA’s amendments to EPCA 

established energy conservation 


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standards for residential water heaters, 

and required that DOE determine 

whether these standards should be 

amended. (42 U.S.C. 6295(e)(1); 42 

U.S.C. 6295(e)(4)) DOE initially 

amended the statutorily-prescribed 

standards for water heaters in 2001 (66 

FR 4474 (Jan. 17, 2001)) and amended 

standards for water heaters for a second 

time in 2010 (75 FR 20112 (April 16, 

2010)) (April 2010 Final Rule). 

The energy conservation standards for 

residential water heaters in the April 

2010 Final Rule will apply to products 

manufactured on or after April 16, 2015. 

75 FR 20112. This final rule completed 

the second amended standards 

rulemaking for water heaters required 

under 42 U.S.C. 6295(e)(4)(B). The 

standards consist of minimum energy 

factors (EF) that vary based on the 

storage volume of the water heater, the 

type of energy it uses (i.e., gas, oil, or 

electricity), and whether it is a storage, 

instantaneous, or tabletop model. 10 

CFR 430.32(d). The currently applicable 

water heater energy conservation 

standards, as well as those that will be 

applicable starting April 16, 2015, are 

set forth in Table I.1 below. 

TABLE I.1—ENERGY CONSERVATION STANDARDS FOR RESIDENTIAL WATER HEATERS

Product class Energy factor as of January 20, 

2004 Energy factor as of April 16, 2015 

Gas-fired Water Heater ................... 0.67—(0.0019 × Rated Storage 

Volume in gallons).

For tanks with a Rated Storage Volume at or below 55 gallons: EF = 

0.675—(0.0015 × Rated Storage Volume in gallons). 

For tanks with a Rated Storage Volume above 55 gallons: EF = 

0.8012—(0.00078 × Rated Storage Volume in gallons). 

Oil-fired Water Heater ..................... 0.59—(0.0019 × Rated Storage 

Volume in gallons).

EF = 0.68—(0.0019 × Rated Storage Volume in gallons). 

Electric Water Heater ...................... 0.97—(0.00132 × Rated Storage 

Volume in gallons).

For tanks with a Rated Storage Volume at or below 55 gallons: EF = 

0.960—(0.0003 × Rated Storage Volume in gallons). 

For tanks with a Rated Storage Volume above 55 gallons: EF = 

2.057—(0.00113 × Rated Storage Volume in gallons). 

Tabletop Water Heater .................... 0.93—(0.00132 × Rated Storage 

Volume in gallons).

EF = 0.93—(0.00132 × Rated Storage Volume in gallons). 

Instantaneous Gas-fired Water 

Heater.

0.62—(0.0019 × Rated Storage 

Volume in gallons).

EF = 0.82—(0.0019 × Rated Storage Volume in gallons). 

Instantaneous Electric Water Heater.0.93—(0.00132 × Rated Storage 

Volume in gallons).

EF = 0.93—(0.00132 × Rated Storage Volume in gallons). 

II. Discussion 

A. Description of Utility Electric 

Thermal Storage Programs for Water 

Heaters 

Electric thermal storage (ETS) 

programs, also known as load shifting or 

demand response programs, are 

potentially an effective way for utilities 

to manage peak demand load by 

limiting the times when certain 

appliances are operated. As part of such 

programs, utilities typically provide an 

incentive for consumers (such as 

reduced electricity rates, subsidized cost 

of a new appliance, or annual fixed 

payment incentives) to enroll in a 

program allowing the utility company to 

control when the appliance cycles on 

and off. The appliance is cycled on 

during off-peak hours, and the 

electricity consumed is stored by the 

appliance as thermal energy for use 

during peak demand times. In the case 

of water heaters, the utility typically 

offers some incentive for its customers 

to enroll in the ETS program, and in 

return the utility is allowed to control 

the operation of the customer’s water 

heater (typically through using either a 

timed switch or a radio controlled 

switch) in a manner that prevents the 

appliance from turning on during peak 

load times and forces the water heating 

operation to occur during off-peak 

demand times. Several stakeholders 

(including the National Rural Electric 

Cooperative Association (NRECA), PJM 

Interconnection, American Public 

Power Association (APPA), and Steffes 

Corporation) have indicated to DOE that 

the consumer is often responsible for 

the purchase and installation cost of the 

water heater, but such cost may be offset 

in part by the utility, and the utility 

typically covers the cost of the control 

technology with no charge to the 

consumer. Since these programs allow 

water heating only during non-peak 

times, the heated water must be stored 

in the tank to meet consumer needs 

during peak demand times. Because the 

water heater cannot operate during peak 

demand times, these programs typically 

utilize electric storage water heaters 

with a larger tanks than would 

otherwise be required to meet the 

typical demand required by the 

consumer. The additional tank storage 

capacity ensures that the consumer will 

have enough hot water to meet their 

needs without the need for power 

during peak-demand hours. 

The Department is aware of numerous 

ETS load shifting programs for 

residential water heaters in the United 

States. According to Great River Energy 

and Arrowhead Electric Cooperative, 

there are more than 100 electric 

cooperatives nationwide that have 

installed more than 150,000 ETS water 

heaters in 20 states. Information 

provided by utilities indicates a similar 

estimate, as a recent survey showed 109 

cooperatives in 22 states using such 

programs with more than 150,000 water 

heaters. Additionally, the utilities noted 

that the number of programs nationwide 

is growing, with 22 additional 

cooperatives in 7 other states 

considering adopting similar programs. 

As noted above, these programs 

typically employ large electric storage 

water tanks capable of heating enough 

water during off-peak demand times to 

serve consumers during peak demand 

times when the water heater would not 

be powered. These tanks are ideal 

because they are highly insulated and 

make use of the heated water as a 

thermal storage device, storing the 

energy conducted to the water from the 

electric resistance element for later use. 

DOE believes that ETS programs offer 

benefits to both utilities and consumers. 

Because ETS programs force water 

heating to occur during off-peak times, 

the energy used for heating water is 

from sources that are potentially less 

expensive and less polluting than 

sources that must be used during peak 

demand times. The utilities indicated 

that a survey found that 49 cooperatives 

use ETS programs to store energy from 

wind generation and 52 cooperatives 


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use such programs to store electricity 

generated from hydroelectric sources. 

The ability to utilize less expensive 

energy sources reduces operating costs 

for utilities and results in savings which 

potentially can be passed on to 

consumers in the form of lower 

electricity rates or other financial 

incentives provided by utilities. The 

utilities noted that the benefits to 

consumers include rebates to offset the 

initial cost of the water heater, 

discounted utility bills, off-peak pricing, 

free water heater maintenance, and 

lower overall rates due to the reduction 

of the utility’s costs. In addition, the 

utilities noted that benefits to utility 

companies included reduced wholesale 

demand charges, reduced costs of 

operating less efficient peaking 

generators, less exposure to wholesale 

spot market prices, reduced capacity 

obligations, emergency load control 

system regulation, storage of energy 

generated by renewable resources 

during off-peak periods, lower 

transmission system congestion, and 

improved distribution system 

operations. Lastly, the utilities 

commented that the programs provide 

benefits to the Nation because they 

mitigate environmental impacts by 

lowering carbon emissions from fossil 

fuel resources through enabling greater 

penetration and utilization of renewable 

energy assets, facilitating more efficient 

operation of existing base load 

generating plants, and delaying 

construction of new generating plants. 

While DOE recognizes that these 

programs are valuable to utilities in 

their efforts to reduce peak demand 

loads, to consumers in reducing overall 

costs, and to the Nation in allowing for 

increased use of renewable energy 

resources and reduced emissions from 

fossil fuels, it is not apparent that these 

programs reduce energy consumption. 

In fact, DOE believes that the additional 

standby losses from storing water in a 

large storage tank and at an increased 

temperature may increase energy 

consumption as compared to using a 

smaller tank and heating the water 

when it is needed. 

The Department is interested in 

receiving comment and information on 

utility ETS programs for residential 

water heaters. In particular, DOE would 

like to receive data and information on 

the penetration of such programs 

throughout the U.S. (i.e., what 

percentage of total water heaters 

installed are used in these programs), 

data on the financial benefits to 

consumers, and information on the 

energy savings (if any) or other National 

benefits that are achieved through the 

use of such programs. This is identified 

as issue 1 in section III.B, ‘‘Issues on 

Which DOE Seeks Comment.’’ 

B. Discussion of Stakeholder Concerns 

With April 2010 Water Heater 

Standards 

In response to the April 2010 Final 

Rule amending the energy conservation 

standards for water heaters, 

stakeholders (i.e., NRECA, PJM 

Interconnection, APPA, and Steffes 

Corporation) indicated concerns about 

the energy conservation standard 

established for electric storage water 

heaters with tanks having greater than 

55 gallons of storage volume and about 

the impact that such standards would 

have on existing ETS programs. As 

discussed above, large electric storage 

water heaters (over 55 gallons of storage 

volume) are a key component of utility 

ETS programs to allow the hot water 

tank to store enough water to meet 

consumer demand during peak demand 

times when the water heater would not 

be allowed to turn on. As shown in 

Table I.1, the April 2010 Final Rule 

established an energy conservation 

standard that would effectively require 

the use of heat pump technology to meet 

the minimum standard for electric 

storage water heaters with storage 

volumes above 55 gallons. Although 

ETS programs may be able to utilize 

heat pump water heaters (HPWH), 

utility companies are concerned that the 

increase in the initial cost of HPWH 

units as compared to purchasing a 

smaller electric resistance unit (such as 

a 50 gallon water heater, which is often 

adequate for typical residential use) 

would discourage consumers from 

participating in load shifting programs. 

Utilities may not be able to offer enough 

incentives to overcome the increase in 

first cost of a large HPWH, resulting in 

decreased customer participation in ETS 

programs. In addition, utilities believe 

the technological differences of heat 

pump water heaters are such that they 

may not always be able to fill the same 

role as large-volume electric resistance 

water heaters. Utilities have indicated 

that the ability of electric resistance 

water heaters to ‘super heat’ water to 

170 °F is a key component in increasing 

the water heater capacity such that it 

can meet consumer demand without 

operating during peak times. Utilities 

contend that heat pump water heaters 

cannot provide the ‘super heating’ 

capabilities of electric resistance water 

heaters because the refrigeration cycle of 

commercially available heat pump 

water heaters limits the maximum water 

temperature due to efficiency and 

reliability issues with the compressor as 

the water temperature is raised. While 

DOE agrees this is true when the water 

heater operates in the heat pump mode, 

DOE notes that heat pump water heaters 

currently on the market are equipped 

with electric resistance backup heating. 

The use of the backup resistance 

elements would allow a heat pump 

water heater to heat water to a much 

higher temperature comparable to the 

temperatures that can be achieved by 

conventional electric resistance water 

heaters. 

DOE recognizes that the potential 

elimination of utility ETS programs due 

to the efficiency requirements in the 

April 2010 Final Rule for large-volume 

electric water heaters would have the 

potential to increase peak-demand load 

and may impact both utilities and 

consumers participating in such 

programs. If consumers who otherwise 

would have purchased a large-volume 

electric resistance tank and participated 

in an ETS program instead purchase a 

smaller size tank (e.g., 50-gallon) and do 

not participate in the ETS program, the 

result may be reduced cost savings to 

consumers (as compared to the situation 

before the water heater standards were 

amended) and increased peak loads for 

utilities. DOE notes that increased usage 

of heat pump water heaters could 

mitigate some of these concerns because 

heat pump water heaters are 

comparatively much more efficient than 

electric resistance water heaters, which 

will reduce electricity demand at all 

times, especially during peak times. In 

contrast, DOE believes that the use of 

larger storage tanks for ETS programs 

may use more electricity than would be 

consumed if ETS programs were phased 

out by utilities due to the unavailability 

of large-volume electric resistance water 

heaters. 

As a result of the concerns with the 

standards promulgated in the April 

2010 Final Rule, some stakeholders 

have requested that DOE consider the 

creation of a new product class of 

electric water heaters for ‘‘gridinteractive water heaters.’’ These 

stakeholders proposed that such 

products would be defined as an electric 

storage water heater that has: (1) A 

storage tank volume greater than 55 

gallons; (2) a control device capable of 

receiving communication from a grid 

operator, electric utility, or other energy 

services company that provides realtime control of the heating element; (3) 

and agreement to be enrolled in a grid 

operator, electric utility, or other energy 

services company program to provide 

demand response or other electric grid 

services; and (4) a thermostatic mixing 

valve if the water heater is capable of 

heating water greater than 120 °F. DOE 

is considering its legal authority to 

promulgate such a rule. As it does so, 


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DOE is seeking additional information 

regarding the potential effects of the 

current standard and the potential 

benefits of the proposals above. 

DOE is interested in receiving 

comment on potential solutions to 

mitigate the concerns of utility 

companies described above, including 

the creation of a new product class for 

‘‘grid-interactive storage water heater,’’ 

as proposed by the utilities. Other 

possible solutions may include: (1) A 

waiver system that would allow 

manufacturers to produce small 

quantities of electric resistance models 

at storage volumes above 55 gallons and 

sell them directly to utilities that 

operate such programs; (2) using 

multiple smaller water heaters in place 

of a single large water heater to satisfy 

the needs of consumers who participate 

in these programs; or (3) using largestorage-volume heat pump water heaters 

to satisfy the needs of consumers who 

participate in these programs. DOE is 

interested in receiving comment on the 

merits and drawbacks of the potential 

solutions identified, as well as any other 

potential solutions that could address 

this issue. This is identified as issue 2 

in section III.B, ‘‘Issues on Which DOE 

Seeks Comment.’’ 

III. Public Participation 

A. Submission of Comments 

DOE will accept comments, data, and 

information regarding this request for 

information until the date provided in 

the DATES section at the beginning of 

this proposed rule. Interested parties 

may submit comments, data, and other 

information using any of the methods 

described in the ADDRESSES section at 

the beginning of this notice. 

Submitting comments via 

regulations.gov. The regulations.gov 

web page will require you to provide 

your name and contact information. 

Your contact information will be 

viewable to DOE Building Technologies 

staff only. Your contact information will 

not be publicly viewable except for your 

first and last names, organization name 

(if any), and submitter representative 

name (if any). If your comment is not 

processed properly because of technical 

difficulties, DOE will use this 

information to contact you. If DOE 

cannot read your comment due to 

technical difficulties and cannot contact 

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Include contact information each time 

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public disclosure). 

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be a very important part of the process 

for developing energy conservation 

standards. DOE actively encourages the 

participation and interaction of the 

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of the public provide a balanced 

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information about this rulemaking 

should contact Ms. Brenda Edwards at 


erowe on DSK2VPTVN1PROD with PROPOSALS-1
35304 Federal Register / Vol. 77, No. 114 / Wednesday, June 13, 2012 / Proposed Rules 

(202) 586–2945, or via email at 

Brenda.Edwards@ee.doe.gov. 

B. Issues on Which DOE Seeks Comment 

Although DOE welcomes comments 

on any aspect of this request for 

information, DOE is particularly 

interested in receiving comments and 

views of interested parties concerning 

the following issues: 

1. Information on the effects of utility 

programs designed to reduce peak 

energy demand by heating water only 

during off-peak times and storing the 

water for use during peak demand 

periods. In particular, DOE is interested 

in information on the penetration of 

residential water heater load shifting 

programs throughout the U.S. (i.e., what 

percentage of total water heaters 

installed are used in these programs), 

the economic benefits of such programs 

to consumers, and the energy impacts (if 

any) or other National benefits that are 

achieved through the use of such 

programs. 

2. Information on the effects of the 

amended energy conservation standards 

for electric storage water heaters with 

rated storage volumes above 55 gallons 

on utility programs designed to reduce 

peak energy demand by heating water 

only during off-peak times and storing 

the water for use during peak demand 

periods. 

3. Information on capacity or other 

performance-related feature(s) for 

residential water heaters which other 

water heaters do not have that are used 

in demand-response programs and 

whether such feature(s) justifies a 

separate standard from that which will 

apply to other electric water heaters 

with rated storage volumes above 55 

gallons. 

4. Information on potential solutions 

that would resolve the concerns of 

utilities that administer load shifting 

programs for residential water heaters 

that require the use of large-volume 

electric storage water heaters, including 

the potential approaches identified in 

this RFI. 

Issued in Washington, DC, on June 6, 2012. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

[FR Doc. 2012–14402 Filed 6–12–12; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–0816; Directorate 

Identifier 2011–CE–022–AD] 

RIN 2120–AA64 

Airworthiness Directives; Costruzioni 

Aeronautiche Tecnam srl Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Supplemental notice of 

proposed rulemaking (NPRM); 

extension of the comment period. 

SUMMARY: We are revising an earlier 

NPRM for Costruzioni Aeronautiche 

Tecnam srl Model P2006T airplanes. 

This proposed AD results from 

mandatory continuing airworthiness 

information (MCAI) originated by an 

aviation authority of another country to 

identify and correct an unsafe condition 

on an aviation product. The MCAI 

describes the unsafe condition as 

cracking, bulging, deformation, or oil 

leakage in the lower lid of the landing 

gear emergency accumulator, which 

could result in decreasing the airplane’s 

structural integrity and jeopardizing the 

landing gear emergency extension in 

case of system failure in normal mode. 

We are issuing this proposed AD to 

require actions to address the unsafe 

condition on these products. 

DATES: We must receive comments on 

this proposed AD by July 30, 2012. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

For service information identified in 

this proposed AD, contact Costruzioni 

Aeronautiche TECNAM Airworthiness 

Office, Via Maiorise—81043 Capua (CE) 

Italy; telephone: +39 0823 620134; fax: 

+39 0823 622899; email: 

m.oliva@tecnam.com or 

p.violetti@tecnam.com; Internet: 

www.tecnam.com. You may review 

copies of the referenced service 

information at the FAA, Small Airplane 

Directorate, 901 Locust, Kansas City, 

Missouri 64106. For information on the 

availability of this material at the FAA, 

call (816) 329–4148. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The AD 

docket contains this proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Office 

(telephone (800) 647–5527) is in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 

FOR FURTHER INFORMATION CONTACT: 

Albert Mercado, Aerospace Engineer, 

FAA, Small Airplane Directorate, 901 

Locust, Room 301, Kansas City, 

Missouri 64106; phone: (816) 329–4119; 

fax: (816) 329–4090; email: 

albert.mercado@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2011–0816; Directorate Identifier 

2011–CE–022–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD because of those 

comments. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this proposed AD. 

Discussion 

We proposed to amend 14 CFR part 

39 with an earlier NPRM for the 

specified products, which was 

published in the Federal Register on 

August 8, 2011 (76 FR 48045). That 

earlier NPRM proposed to require 

actions intended to address the unsafe 

condition for the products listed above. 

Since that NPRM (76 FR 48045, 

August 8, 2011) was issued, TECNAM 

found that the replacement part number 

could cause a deformation of the 


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