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

10999 

Vol. 79, No. 39 

Thursday, February 27, 2014 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

9 CFR Part 94 

[Docket No. APHIS–2009–0017] 

RIN 0579–AD41 

Importation of Beef From a Region in 

Brazil 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Proposed rule; reopening of 

comment period. 

SUMMARY: We are reopening the 

comment period for our proposed rule 

that would allow, under certain 

conditions, the importation of fresh 

(chilled or frozen) beef from a region in 

Brazil (the States of Bahia, Distrito 

Federal, Espirito Santo, Goias, Mato 

Grosso, Mato Grosso do Sul, Minas 

Gerais, Parana, Rio Grande do Sul, Rio 

de Janeiro, Rondonia, Sao Paulo, 

Sergipe, and Tocantins). This action 

will allow interested persons additional 

time to prepare and submit comments. 

DATES: The comment period for the 

proposed rule published December 23, 

2013 (78 FR 77370) is reopened. We will 

consider all comments that we receive 

on or before April 22, 2014. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/

#!documentDetail;D=APHIS-2009-0017- 

0010. 

• Postal Mail/Commercial Delivery: 

Send your comment to Docket No. 

APHIS–2009–0017, Regulatory Analysis 

and Development, PPD, APHIS, Station 

3A–03.8, 4700 River Road Unit 118, 

Riverdale, MD 20737–1238. 

Supporting documents and any 

comments we receive on this docket 

may be viewed at http://

www.regulations.gov/

#!docketDetail;D=APHIS-2009-0017 or 

in our reading room, which is located in 

room 1141 of the USDA South Building, 

14th Street and Independence Avenue 

SW., Washington, DC. Normal reading 

room hours are 8 a.m. to 4:30 p.m., 

Monday through Friday, except 

holidays. To be sure someone is there to 

help you, please call (202) 799–7039 

before coming. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Silvia Kreindel, Senior Staff 

Veterinarian, Regional Evaluation 

Services Staff, National Import Export 

Services, VS, APHIS, 4700 River Road 

Unit 38, Riverdale, MD 20737–1231; 

(301) 851–3313. 

SUPPLEMENTARY INFORMATION: On 

December 23, 2013, we published in the 

Federal Register (78 FR 77370–77376, 

Docket No. APHIS–2009–0017) a 

proposal to allow, under certain 

conditions, the importation of fresh 

(chilled or frozen) beef from a region in 

Brazil (the States of Bahia, Distrito 

Federal, Espirito Santo, Goias, Mato 

Grosso, Mato Grosso do Sul, Minas 

Gerais, Parana, Rio Grande do Sul, Rio 

de Janeiro, Rondonia, Sao Paulo, 

Sergipe, and Tocantins). 

Comments on the proposed rule were 

required to be received on or before 

February 21, 2014. We are reopening the 

comment period on Docket No. APHIS– 

2009–0017 for an additional 60 days. 

This action will allow interested 

persons additional time to prepare and 

submit comments. We will also consider 

all comments received between 

February 22, 2014 (the day after the 

close of the original comment period) 

and the date of this notice. 

Authority: 7 U.S.C. 450, 7701–7772, 7781– 

7786, and 8301–8317; 21 U.S.C. 136 and 

136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 

371.4. 

Done in Washington, DC, this 21st day of 

February 2014. 

Kevin Shea, 

Administrator, Animal and Plant Health 

Inspection Service. 

[FR Doc. 2014–04308 Filed 2–26–14; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF ENERGY 

10 CFR Part 431 

[Docket Number EERE–2014–BT–TP–0008] 

RIN 1904–AD18 

Energy Conservation Program for 

Certain Commercial and Industrial 

Equipment: Test Procedure for 

Commercial Water Heating Equipment 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Request for information (RFI). 

SUMMARY: The U.S. Department of 

Energy (DOE) is initiating a rulemaking 

and data collection process to consider 

amendments to the DOE test procedures 

for commercial water heaters, unfired 

hot water storage tanks, and hot water 

supply boilers (henceforth, ‘‘commercial 

water heating equipment’’). To inform 

interested parties and to facilitate this 

process, DOE has identified several 

issues associated with the current 

Federal test procedures on which DOE 

is particularly interested in receiving 

comment. In overview, the issues 

outlined in this document mainly 

concern updating the industry test 

standards that are currently 

incorporated by reference to the most 

recent versions, potential alternative 

methods for determining the efficiency 

of unfired storage tanks, potential 

changes to the method for setting the 

thermostat, potential clarifications in 

the thermal efficiency test method, and 

the potential inclusion of a test method 

for commercial heat pump water heaters 

(HPWH). DOE anticipates that these 

issues (as well as any others which are 

identified during the course of this 

rulemaking) may lead to proposed test 

procedure amendments in a subsequent 

notice of proposed rulemaking (NOPR). 

DOE welcomes written comments and 

data from the public on all aspects of 

this test procedure, including topics not 

raised in this RFI. 

DATES: DOE will accept written 

comments, data, and information on or 

before March 31, 2014. 

ADDRESSES: Interested parties are 

encouraged to submit comments 

electronically. However, interested 

persons may submit comments, 

identified by docket number EERE– 

2014–BT–TP–0008 and/or regulatory 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS
11000 Federal Register / Vol. 79, No. 39 / Thursday, February 27, 2014 / Proposed Rules 

1For editorial reasons, upon codification in the 

U.S. Code, Part C was redesignated Part A–1. 

2All references to EPCA in this document refer 

to the statute as amended through the American 

Energy Manufacturing Technical Corrections Act 

(AEMTCA), Public Law 112–210 (Dec. 18, 2012). 

3 42 U.S.C. 6314(a)(2) requires that test 

procedures be reasonably designed to produce test 

results which reflect energy efficiency, energy use, 

and estimated operating costs of a type of industrial 

identification number (RIN) 1904– 

AD18, by any of the following methods: 

• Federal eRulemaking Portal: 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Email: CommWaterHeatingEquip 

2014TP0008@ee.doe.gov. Include docket 

number EERE–2014–BT–TP–0008 and/

or RIN 1904–AD18 in the subject line of 

the message. All comments should 

clearly identify the name, address, and, 

if appropriate, organization of the 

commenter. Submit electronic 

comments in WordPerfect, Microsoft 

Word, portable document format (PDF), 

or American Standard Code for 

Information Interchange (ASCII) file 

format, and avoid the use of special 

characters or any form of encryption. 

• Postal Mail: Ms. Brenda Edwards, 

U.S. Department of Energy, Building 

Technologies Office, Mailstop EE–5B, 

RFI for Commercial Water Heating 

Equipment, Docket No. EERE–2014–BT– 

TP–0008 and/or RIN 1904–AD18, 1000 

Independence Avenue SW., 

Washington, DC 20585–0121. If 

possible, please submit all items on a 

compact disc (CD), in which case it is 

not necessary to include printed copies. 

• Hand Delivery/Courier: Ms. Brenda 

Edwards, U.S. Department of Energy, 

Building Technologies Program, 6th 

Floor, 950 L’Enfant Plaza SW., 

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. 

Instructions: All submissions received 

must include the agency name and 

docket number and/or RIN for this 

rulemaking. No telefacsimilies (faxes) 

will be accepted. For further 

information on the rulemaking process, 

see section III of this document (Public 

Participation). 

Docket: The docket 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;D=EERE-2014-BT-TP0008. This Web page contains a link to 

the docket for this notice on the 

www.regulations.gov Web site. The 

www.regulations.gov Web page contains 

simple instructions on how to access all 

documents, including public comments, 

in the docket. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Ashley Armstrong, U.S. Department of 

Energy, Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies Office, EE–5B, 1000 

Independence Avenue SW., 

Washington, DC 20585–0121. 

Telephone: (202) 586–6590. Email: 

Ashley.Armstrong@ee.doe.gov. 

Mr. Eric Stas, U.S. Department of 

Energy, Office of the General Counsel, 

GC–71, 1000 Independence Avenue 

SW., Washington, DC 20585–0121. 

Telephone: (202) 586–9507. Email: 

Eric.Stas@hq.doe.gov. 

For information on how to submit a 

comment, or review other public 

comments and the docket, contact Ms. 

Brenda Edwards, U.S. Department of 

Energy, Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies Office, Mailstop EE–5B, 

1000 Independence Avenue SW, 

Washington, DC 20585–0121. 

Telephone: (202) 586–2945. Email: 

Brenda.Edwards@ee.doe.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Authority and Background 

II. Discussion 

A. Updated Industry Test Method 

B. Unfired Hot Water Storage Tanks 

C. Setting the Thermostat for Commercial 

Water Heater Testing 

D. Clarification of the Thermal Efficiency 

Test Procedure 

E. Commercial Heat Pump Water Heaters 

F. Other Issues 

III. Public Participation 

A. Submission of Comments 

B. Issues on Which DOE Seeks Comment 

I. Authority and Background 

Title III, Part C1 of the Energy Policy 

and Conservation Act of 1975 (EPCA or 

the Act), Public Law 94–163 (42 U.S.C. 

6311–6317, as codified), added by 

Public Law 95–619, Title IV, § 441(a), 

established the Energy Conservation 

Program for Certain Industrial 

Equipment, which includes provisions 

covering the types of commercial water 

heating equipment that are the subject 

of this notice.2 In general, this program 

is intended to improve the energy 

efficiency of certain types of commercial 

and industrial equipment. Relevant 

provisions of the Act include definitions 

(42 U.S.C. 6311), energy conservation 

standards (42 U.S.C. 6313), test 

procedures (42 U.S.C. 6314), labeling 

provisions (42 U.S.C. 6315), and the 

authority to require information and 

reports from manufacturers (42 U.S.C. 

6316). The testing requirements consist 

of test procedures that manufacturers of 

covered equipment must use as both the 

basis for certifying to DOE that their 

equipment complies with the applicable 

energy conservation standards adopted 

pursuant to EPCA, and for making 

representations about the efficiency of 

that equipment. (42 U.S.C. 6314; 42 

U.S.C. 6316) 

The initial test procedures for 

commercial water heating equipment 

corresponded to those referenced in the 

American Society of Heating, 

Refrigerating and Air-Conditioning 

Engineers (ASHRAE) and Illuminating 

Engineering Society of North America 

(IESNA) Standard 90.1 (i.e., ASHRAE 

Standard 90.1) which went into effect 

on October 24, 1992. EPCA requires that 

if an industry test procedure that is 

referenced in ASHRAE Standard 90.1 is 

amended, DOE must establish an 

amended test procedure to be consistent 

with the amended industry test 

procedure, unless DOE determines that 

the amended test procedure is not 

reasonably designed to produce test 

results which reflect the energy 

efficiency, energy use, or estimated 

operating costs of the equipment during 

a representative average use cycle; in 

addition, DOE must determine that the 

amended test procedure is not unduly 

burdensome to conduct. (42 U.S.C. 

6314(a)(2) and (4)) 

If DOE determines that a test 

procedure amendment is warranted, it 

must publish a proposed test procedure 

and offer the public an opportunity to 

present oral and written comments. (42 

U.S.C. 6314(b)(1)–(2)) To amend a test 

procedure, DOE must determine the 

extent to which the proposed test 

procedure would alter the equipment’s 

measured energy efficiency. If DOE 

determines that the amended test 

procedure would alter the measured 

efficiency of the covered equipment, 

DOE must amend the applicable energy 

conservation standard accordingly. (42 

U.S.C. 6314(a)(4)(C); 42 U.S.C. 6293(e)) 

The Energy Independence and 

Security Act of 2007 (EISA 2007), Public 

Law 110–140, amended EPCA to require 

that at least once every 7 years, DOE 

must review test procedures for all 

covered equipment and either: (1) 

Amend the test procedures if the 

Secretary determines that the amended 

test procedures would more accurately 

or fully comply with the requirements 

of 42 U.S.C. 6314(a)(2)–(3),3 or (2) 


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equipment (or class thereof) during a representative 

average use cycle (as determined by the Secretary), 

and not be unduly burdensome to conduct. 

42 U.S.C. 6314(a)(3) requires that if the test 

procedure is a procedure for determining estimated 

annual operating costs, such procedure must 

provide that such costs are calculated from 

measurements of energy use in a representative 

average-use cycle (as determined by the Secretary), 

and from representative average unit costs of the 

energy needed to operate such equipment during 

such cycle. The Secretary must provide information 

to manufacturers of covered equipment regarding 

representative average unit costs of energy. 

4 DOE published a final rule in the Federal 

Register on May 16, 2012, that, in relevant part, 

amended its test procedure for commercial waterheating equipment. 77 FR 28928. 

5 DOE has reserved a place in its regulations for 

commercial heat pump water heaters at 10 CFR 

431.107, Uniform test method for the measurement 

of energy efficiency for commercial heat pump 

water heaters. 

publish a notice of determination not to 

amend a test procedure. (42 U.S.C. 

6314(a)(1)(A)) Under this requirement, 

DOE must review the test procedures for 

commercial water heating equipment no 

later than May 16, 2019, which is 7 

years after the most recent final rule 

amending the Federal test method for 

commercial water heating equipment.4

The final rule resulting from this 

rulemaking will satisfy the requirement 

to review the test procedure for 

commercial water heating equipment 

within 7 years. 

DOE’s commercial water heating 

equipment test procedure is found in 

the Code of Federal Regulations (CFR) at 

10 CFR 431.106, Uniform test method 

for the measurement of energy efficiency 

of commercial water heaters and hot 

water supply boilers (other than 

commercial heat pump water heaters.5

DOE’s test procedure for commercial 

water heating equipment provides a 

method for determining the thermal 

efficiency and standby loss of 

commercial water heating equipment. 

DOE initially incorporated by reference 

certain sections of the American 

National Standards Institute Standard 

(ANSI) Z21.10.3–1998 (ANSI Z21.10.3– 

1998), Gas Water Heaters, Volume III, 

Storage Water Heaters, With Input 

Ratings Above 75,000 Btu Per Hour, 

Circulating and Instantaneous. 69 FR 

61974, 61984 (Oct. 21, 2004). On May 

16, 2012, DOE published a final rule in 

the Federal Register to update the test 

procedures to incorporate by reference 

the most recent version of the relevant 

industry test procedure at the time of 

publication, ANSI Z21.10.3–2011 (same 

title). 77 FR 28928. The most recent 

updates did not materially alter the 

procedure. 

The American Energy Manufacturing 

Technical Corrections Act (AEMTCA), 

Public Law 112–210, was signed into 

law on December 18, 2012 and amended 

EPCA to require that DOE publish a 

final rule establishing a uniform 

efficiency descriptor and accompanying 

test methods for residential water 

heaters and certain commercial water 

heating equipment. (42 U.S.C. 

6295(e)(5)) AEMTCA required DOE to 

replace the current efficiency metric for 

residential water heaters (Energy 

Factor), and the current efficiency 

metrics for commercial water heaters 

(thermal efficiency and standby loss), 

with a uniform efficiency descriptor. (42 

U.S.C. 6295(e)(5)(C)) Further, AEMTCA 

required that the uniform efficiency 

descriptor and accompanying test 

method apply, to the maximum extent 

possible, to all water heating 

technologies currently in use and to 

future water heating technologies. (42 

U.S.C. 6295(e)(5)(H)) However, 

AEMTCA allowed DOE to exclude from 

the uniform efficiency descriptor 

specific categories of covered water 

heaters that do not have residential 

uses, that can be clearly described, and 

that are effectively rated using the 

current thermal efficiency and standby 

loss descriptors. (42 U.S.C. 

6295(e)(5)(F)) 

DOE published an RFI on January 11, 

2013 that requested feedback on several 

topics mainly associated with: (1) 

Currently available efficiency metrics 

and test procedures for rating the 

efficiency of residential and certain 

commercial water heaters; (2) the 

requirements for a uniform metric set 

forth in the AEMTCA; and (3) available 

options for DOE to address those 

statutory requirements. 78 FR 2340. 

After considering comments on the RFI, 

DOE published a NOPR in the Federal 

Register on November 4, 2013 

(henceforth the ‘‘November 2013 

NOPR’’) that proposed to update the test 

procedures for residential and certain 

commercial water heaters. 78 FR 66202. 

The November 2013 NOPR proposed 

to modify the current residential water 

heater metric (Energy Factor) to be used 

as the uniform descriptor for all 

residential and certain commercial 

water heating equipment that have 

residential uses (i.e., ‘‘light commercial 

water heaters’’). DOE also proposed to 

exclude certain water heaters from 

coverage under the uniform descriptor 

that have no residential use, can be 

clearly identified and described, and 

that are effectively rated using the 

current thermal efficiency and standby 

loss efficiency descriptors. 78 FR 66202, 

66206 (Nov. 4, 2013). 

In this rulemaking for the test 

procedures for commercial water 

heating equipment, DOE is only 

considering the commercial water 

heating equipment that was not covered 

by the test method developed for the 

November 2013 NOPR. DOE will update 

the scope of this rulemaking as 

necessary based on changes, if any, to 

the scope of the final rule establishing 

the uniform efficiency descriptor. 

In support of its test procedure 

rulemaking, DOE conducts in-depth 

technical analyses of publicly-available 

test standards and other relevant 

information. DOE continually seeks data 

and public input to improve its testing 

methodologies to more accurately reflect 

customer use and to produce repeatable 

results. In general, DOE is requesting 

comment and supporting data regarding 

representative and repeatable methods 

for measuring the energy use of 

commercial water heating equipment. In 

particular, DOE seeks comment and 

information on the specific topics 

discussed below. 

II. Discussion 

A. Updated Industry Test Method 

Beginning on May 13, 2013, the 

industry test method for measuring 

energy efficiency for commercial water 

heaters and hot water supply boilers 

referenced by the DOE test procedure is 

ANSI Z21.10.3–2011. 10 CFR 431.106. 

The DOE test procedure references 

Exhibit G1 and Exhibit G2 of ANSI 

Z21.10.3–2011 for measuring thermal 

efficiency and standby loss, 

respectively. The most recent edition of 

the industry test method, ANSI 

Z21.10.3–2013/Canadian Standards 

Association (CSA) 4.3–2013, Gas-fired 

Water Heaters, Volume III, Storage 

Water Heaters with Input Ratings above 

75,000 Btu per Hour, Circulating and 

Instantaneous, was released in 2013. 

The only substantive difference between 

the 2011 and 2013 version, as it pertains 

to the sections referenced by DOE, were 

changes in the numbering and order of 

sections. 

DOE plans to consider updating the 

DOE test procedure to reference the 

updated industry test method for 

measuring thermal efficiency and 

standby loss to ANSI Z21.10.3–2013/

CSA 4.3 -2013 Annex E.1 and Annex 

E.2, respectively. These references shall 

replace previous references to Exhibits 

G1 and G2 in the 2011 industry test 

method. 

Issue 1: DOE requests feedback on the 

appropriateness of using the ANSI 

Z21.10.3–2013/CSA 4.3–2013 industry 

test method to replace the current 

reference to ANSI Z21.10.3–2011. DOE 

is also interested in information and 

data pertaining to the repeatability of 

thermal efficiency and standby loss tests 

included in the ANSI Z21.10.3–2011 


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test method and the ANSI Z21.10.3– 

2013 test method. 

B. Unfired Hot Water Storage Tanks 

DOE defines an ‘‘unfired hot water 

storage tank’’ as ‘‘a tank used to store 

water that is heated externally, and that 

is industrial equipment.’’ 10 CFR 

431.102. As explained in the November 

2013 NOPR, DOE has proposed to 

exclude unfired hot water storage tanks 

from the uniform efficiency descriptor 

required by AEMTCA. 78 FR 66202, 

66207 (Nov. 4, 2013). Therefore, DOE 

plans to address the test procedure for 

this equipment in this rulemaking. 

The Federal standard for unfired hot 

water storage tanks requires a minimum 

level of tank insulation, which is an Rvalue of 12.5. 10 CFR 431.110. DOE’s 

test procedure for commercial water 

heating equipment at 10 CFR 431.106 

does not currently include a method of 

testing energy efficiency of unfired hot 

water storage tanks. Although DOE does 

not specify a test method for unfired 

storage tanks in 10 CFR 431.106, DOE 

defines ‘‘R-value’’ as follows: 

R-value means the thermal resistance of 

insulating material as determined based on 

ASTM Standard Test Method C177–97 or 

C518–91 and expressed in (°F·ft2·h/Btu). 

10 CFR 431.102. 

Thus, to determine the R-value of the 

insulation, one of two industry 

standards must be used: (1) American 

Society for Testing and Materials 

(ASTM) C177–97, Standard Test 

Method for Steady-State Heat Flux 

Measurements and Thermal 

Transmission Properties by Means of the 

Guarded-Hot-Plate Apparatus; or (2) 

ASTM C518–10, Standard Test Method 

for Steady-State Thermal Transmission 

Properties by Means of the Heat Flow 

Meter Apparatus. DOE’s definition of 

‘‘R-value’’ inherently includes the 

industry test methods that should be 

used for determining the R-value of the 

storage tank insulation. However, the 

ASTM test methods C518 and C177 are 

not necessarily designed for measuring 

the R-value of test specimens, in this 

case unfired storage tanks. 

While the two test methods both 

measure thermal transmission 

properties, they vary in complexity and 

apparent difficulty. The two test 

methods differ in complexity in terms of 

the measuring equipment required. For 

instance, ASTM C518 requires the use 

of a heat flux transducer to directly 

measure the heat flux through a 

specimen, while ASTM C177 only 

requires temperature sensors (e.g., 

thermocouples, thermistors). However, 

both test methods have very similar test 

procedures, with the main similarity 

being the requirement of the 

establishment of thermal equilibrium 

within the apparatus. 

There are also minor sampling 

differences between the two methods: 

ASTM C177 requires three sampling 

runs of at least thirty minutes, while 

ASTM C518 requires five samplings in 

intervals of at least ten minutes. 

However, ASTM C518 notes that the 

time between sample readings may need 

to be increased to thirty minutes or 

longer for high-resistance or highdensity specimens. Another major 

difference between the two methods is 

that the ASTM C518 method requires 

the constant calculation of the 

specimen’s thermal conductivity during 

a test run, while ASTM C177 only 

stipulates acquisition of temperature 

and power data (and calculates the 

thermal conductivity after the test is 

completed based on the data). 

The two referenced ASTM test 

methods also share many similarities: 

Specifying the appropriate orientations 

of apparatus components, providing 

instructions for calibrating the test 

measurement system, and including 

procedures for specimen conditioning 

and stabilization. In addition, both test 

methods require flat specimens. 

DOE is considering several options to 

improve the test method for commercial 

unfired hot water storage tanks. First, 

DOE is considering establishing a test 

method in 10 CFR 431.106 to clarify the 

applicable test procedure for unfired 

storage tanks. DOE is considering the 

potential for a single method of 

determining R-value to ensure that all Rvalues are determined on a consistent 

and equitable basis. However, DOE 

notes that unfired hot water storage tank 

manufacturers may not test the 

insulation of their tanks, but rather rely 

on the R-value information provided by 

the insulation manufacturer. 

Furthermore, DOE is considering 

whether having a test procedure that 

determines R-value for unfired storage 

tanks may be inappropriate, given that 

the methods for determining R-value are 

intended for determining the R-value of 

a flat sample, rather than an entire 

storage tank. In addition, DOE notes that 

determining the R-value of a single 

sample does not allow for the 

assessment of whether this value is 

applicable to the entire surface of the 

tank, including bottom, top, and fitting 

areas. DOE examined the product 

literature for the commercially-available 

unfired hot water storage tanks that DOE 

identified on the market and found that 

approximately 55 percent of the 

available models were shipped without 

any insulation, but rather were 

insulated in the field. Thus, DOE is 

considering alternative metrics, such as 

a standby loss test for unfired hot water 

storage tanks. 

Since unfired hot water storage tanks 

do not consume gas or electricity, any 

test procedure to measure standby loss 

would not include a measurement of 

energy consumption. Rather, the test 

could entail running pre-heated water at 

a specified temperature through the 

vessel until a specified mean internal 

tank temperature is achieved, and 

measuring the thermal energy loss of the 

water over a given period of time. In 

addition, a method to measure storage 

volume of the tank would need to be 

developed, which could entail 

measuring the weight of the tank before 

and after filling it with water and 

calculating the storage volume based on 

the change in weight and density of 

water. DOE requests comment on 

several aspects of a potential standby 

loss test procedure for commercial 

unfired storage tanks including: (1) 

Target mean tank temperature; (2) 

ambient air temperature; (3) time 

duration of the test; (4) location of 

temperature sensors; and (5) whether to 

keep the tank connected or 

disconnected to inlet and outlet piping 

during the test. 

Issue 2: DOE requests comment on 

whether updates to DOE’s incorporated 

test methods for unfired hot water 

storage tanks are needed. In particular, 

DOE requests comment on whether a 

single test method for R-value should be 

used (and if so, which industry method 

is most appropriate), or whether 

replacing R-value with standby loss or 

some other metric as the energy 

efficiency descriptor for unfired hot 

water storage tanks would be preferable. 

If a new metric such as standby loss is 

more appropriate than R-value, DOE 

requests feedback on the best way to 

establish a standby loss test and the 

parameters of such a test method. 

C. Setting the Thermostat for 

Commercial Water Heater Testing 

DOE’s test method for measuring 

energy efficiency of commercial water 

heating equipment currently requires 

specific conditions be met for inlet 

water temperature and the mean tank 

temperature before the test begins. In 

particular, ANSI Z21.10.3–2011, Exhibit 

G, section 1.g (which is incorporated by 

reference into the DOE test procedure) 

requires that before starting testing, the 

thermostat shall be set by starting with 

the water in the system at 70° ± 2 °F (21° 

± 1 °C) and the maximum mean 

temperature of the water after the 

thermostat reduces the gas supply to a 

minimum, shall be 140° ± 5 °F (60°± 3 

°C). 


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DOE understands that some units may 

experience issues pertaining to the 

above set point conditions. Specifically, 

for certain commercial water heaters, 

the mean tank temperature may not 

reach the required 140° ± 5 °F (60° ± 3 

°C) after the first cut-out, even when the 

thermostat is set to the maximum 

setting. In such cases, the outlet 

temperature of the hot water may be at, 

or even well above 140° ± 5 °F (60° ± 

3 °C); however, due to stratification in 

the tank, the mean tank temperature 

may not reach 140° ± 5 °F (60° ± 3 °C). 

The Department requests comment on 

potential test procedure changes to 

address this issue, including either a 

lower mean tank temperature 

requirement (if feasible) or a 

measurement of outlet water 

temperature rather than mean tank 

temperature. 

Issue 3: DOE requests comment on 

potential test procedure changes to 

address issues with setting the tank 

thermostat, including (but not limited 

to) either a lower mean tank 

temperature requirement or a 

measurement of outlet water 

temperature rather than mean tank 

temperature. 

D. Clarification of the Thermal 

Efficiency Test Procedure 

DOE’s test method for measuring the 

thermal efficiency of commercial water 

heaters incorporates by reference ANSI 

Z21.10.3–2011, Exhibit G, section 1. In 

particular, section 1.j describes the 

procedure used to conduct the 30- 

minute test and the technique to 

calculate the thermal efficiency. DOE 

notes that the formula used to compute 

the thermal efficiency does not account 

for any changes in heat content stored 

inside the water heater during the test. 

This change in stored energy could 

change the computation of thermal 

efficiency since some of the energy 

input to the water heater does not 

appear as heat delivered by the water 

heater. DOE requests comment on 

whether such a term is needed or 

whether provisions should be added to 

the test procedure to ensure that the 

temperature of the water in the tank 

does not change from the start of the 30- 

minute test to the end. Furthermore, 

DOE notes that the only specification on 

the rate of flow is that the outlet 

temperature is constant for 3 minutes. 

This specification makes no mention of 

the temperature within the water heater, 

the status of the burners or heating 

elements before and during the test, 

appropriate levels of flow rates, or the 

fuel consumption rate for water heaters 

with variable firing rates. DOE requests 

comment on whether a clarification is 

required to ensure that the flow rate 

implemented during this test is 

expected to require continuous burner 

operation or whether the water heater is 

allowed to cycle its burner to meet the 

demand imposed by the water draw. 

Issue 4: DOE requests comment on 

whether clarifications are needed to the 

test procedure for determining thermal 

efficiency of commercial water heaters 

to indicate required flow rates and to 

account for potential changes in stored 

heat within the water heater from the 

start of the 30-minute test to the end. 

E. Commercial Heat Pump Water 

Heaters 

Currently, DOE does not have a test 

procedure for commercial heat pump 

water heaters (although a place is 

reserved at 10 CFR 431.107). However, 

DOE will consider whether to adopt test 

procedures for such equipment in this 

rulemaking. DOE is aware of two 

industry test methods that could 

potentially be adopted by DOE as the 

test method for commercial heat pump 

water heaters. In particular, DOE is 

aware of ANSI/ASHRAE Standard 

118.1–2012, Method of Testing for 

Rating Commercial Gas, Electric, and 

Oil Service Water-Heating Equipment, 

and the Air-conditioning, Heating, and 

Refrigeration Institute (AHRI) Standard 

1300, 2013 Standard for Performance 

Rating of Commercial Heat Pump Water 

Heaters. ASHRAE 118.1–2012 includes 

test methods for determining coefficient 

of performance (COP) and standby loss 

for commercial heat pump water 

heaters, and AHRI 1300 references the 

ASHRAE 118.1–2012 test method and 

also specifies various rating conditions 

(e.g., evaporator entering air 

temperatures (for air-source heat pump 

water heaters), evaporator entering 

water temperatures (for water-source 

heat pump water heaters), and 

condenser entering water temperatures). 

DOE may consider adopting these 

industry test methods or other methods 

as part of this rulemaking and seeks 

comment regarding the appropriate test 

method for commercial heat pump 

water heaters. 

Issue 5: DOE seeks comment on 

appropriate test procedures for 

commercial heat pump water heaters. In 

particular, DOE is interested in 

receiving comments and information 

relating to the industry test methods 

that are available (i.e., ASHRAE 118.1– 

2012 and AHRI 1300) and whether any 

modifications to those standards would 

be needed for adoption as the Federal 

test method. 

F. Other Issues 

DOE also seeks comments on other 

relevant issues that would affect the test 

procedures for commercial water 

heating equipment. Although DOE has 

attempted to identify those portions of 

the test procedure where it believes 

amendments may be warranted, 

interested parties are welcome to 

provide comments on any aspect of the 

test procedure, including updates of 

referenced standards, as part of this 

comprehensive 7-year-review 

rulemaking. 

III. Public Participation 

A. Submission of Comments 

DOE will accept comments, data, and 

information regarding this RFI no later 

than the date provided in the DATES

section at the beginning of this RFI. 

Interested parties may submit comments 

using any of the methods described in 

the ADDRESSES section at the beginning 

of this RFI. After the close of the 

comment period, DOE will begin 

collecting data, conducting the analyses, 

and reviewing the public comments. 

These actions will be taken to aid in the 

development of a test procedure NOPR 

for commercial water heating 

equipment. 

DOE considers public participation to 

be a very important part of the process 

for developing test procedures. DOE 

actively encourages the participation 

and interaction of the public during the 

comment period in each stage of the 

rulemaking process. Interactions with 

and between members of the public 

provide a balanced discussion of the 

issues and assist DOE in the rulemaking 

process. Anyone who wishes to be 

added to the DOE mailing list to receive 

future notices and information about 

this rulemaking should contact Ms. 

Brenda Edwards at (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 RFI and its test 

procedure for commercial water heating 

equipment, DOE is particularly 

interested in receiving comments and 

views of interested parties concerning 

the following issues: 

1. DOE requests feedback on the 

appropriateness of using the ANSI 

Z21.10.3–2013/CSA 4.3–2013 industry 

test method to replace the reference to 

ANSI Z21.10.3–2011. DOE is also 

interested in information and data 

pertaining to the repeatability of thermal 

efficiency and standby loss tests 

included in the ANSI Z21.10.3–2011 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS
11004 Federal Register / Vol. 79, No. 39 / Thursday, February 27, 2014 / Proposed Rules 

test method and the ANSI Z21.10.3– 

2013 test method. 

2. DOE requests comment on whether 

updates to DOE’s incorporated test 

methods for unfired hot water storage 

tanks are needed. In particular, DOE 

requests comment on whether a single 

test method for R-value should be used 

(and if so, which industry method is 

most appropriate), or whether replacing 

R-value with standby loss as the energy 

efficiency descriptor for unfired hot 

water storage tanks would be preferable. 

If a new metric such as standby loss is 

more appropriate than R-value, DOE 

requests feedback on the best way to 

establish a standby loss test and the 

parameters of such a test method. 

3. DOE requests comment on potential 

test procedure changes to address issues 

with setting the tank thermostat, 

including (but not limited to) either a 

lower mean tank temperature 

requirement or a measurement of outlet 

water temperature rather than mean 

tank temperature. 

4. DOE requests comment on whether 

clarifications are needed to the test 

procedure for thermal efficiency of 

commercial water heaters to indicate 

required flow rates and to account for 

potential changes in thermal energy 

within the water heater from the start of 

the 30-minute test to the end. 

5. DOE seeks comment on appropriate 

test procedures for commercial heat 

pump water heaters. In particular, DOE 

is interested in receiving comments and 

information relating to the industry test 

methods that are available (i.e., 

ASHRAE 118.1–2012 and AHRI 1300) 

and whether any modifications to those 

standards would be needed for adoption 

as the Federal test method. 

Issued in Washington, DC, on February 21, 

2014. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

[FR Doc. 2014–04304 Filed 2–26–14; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Parts 21 and 45 

[Docket No. FAA–2013–0933; Notice No. 14– 

01] 

RIN 2120–AK20 

Changes to Production Certificates 

and Approvals 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA is proposing 

changes to its certification procedures 

and identification requirements for 

aeronautical products and articles. The 

proposed changes would: require 

production approval holders to identify 

an accountable manager who would be 

responsible for, and have authority over, 

their production operations and serve as 

the primary contact with the FAA; allow 

production approval holders to issue 

authorized release documents for 

aircraft engines, propellers, and articles; 

permit production certificate holders to 

manufacture and install interface 

components; require production 

approval holders to ensure that each 

supplier-provided product, article, or 

service conforms to the production 

approval holder’s requirements and 

establish a supplier-reporting process 

for products, articles, or services that 

have been released from or provided by 

the supplier and subsequently found not 

to conform to the production approval 

holder’s requirements; and remove the 

requirement that fixed-pitch wooden 

propellers be marked using an approved 

fireproof method. This proposal is 

necessary to update our regulations by 

revising certification and marking 

requirements to reflect the current 

global aeronautical manufacturing 

environment, thereby promoting 

aviation safety. 

DATES: Send comments on or before 

May 28, 2014. 

ADDRESSES: Send comments identified 

by docket number [Insert docket number 

from heading] using any of the 

following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the online instructions for sending your 

comments electronically. 

• Mail: Send comments to Docket 

Operations, M–30; U.S. Department of 

Transportation (DOT), 1200 New Jersey 

Avenue SE., Room W12–140, West 

Building Ground Floor, Washington, DC 

20590–0001. 

• Hand Delivery or Courier: Take 

comments to Docket Operations in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue SE., Washington, DC, between 9 

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

Friday, except Federal holidays. 

• Fax: Fax comments to Docket 

Operations at 202–493–2251. 

Privacy: The FAA will post all 

comments it receives, without change, 

to http://www.regulations.gov, including 

any personal information the 

commenter provides. Using the search 

function of the docket Web site, anyone 

can find and read the electronic form of 

all comments received into any FAA 

dockets, including the name of the 

individual sending the comment (or 

signing the comment for an association, 

business, labor union, etc.). DOT’s 

complete Privacy Act Statement can be 

found in the Federal Register published 

on April 11, 2000 (65 FR 19477–19478), 

as well as at http://DocketsInfo.dot.gov. 

Docket: Background documents or 

comments received may be read at 

http://www.regulations.gov at any time. 

Follow the online instructions for 

accessing the docket or Docket 

Operations in Room W12–140 of the 

West Building Ground Floor at 1200 

New Jersey Avenue SE., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions concerning this 

action, contact Priscilla Steward or 

Robert Cook, Aircraft Certification 

Service, Production Certification 

Branch, AIR–220, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591; 

telephone: (202) 385–6367; email: 

priscilla.steward@faa.gov or telephone: 

(202) 385–6358; email: robert.cook@

faa.gov. 

For legal questions concerning this 

action, contact Paul Greer, AGC–210, 

Office of the Chief Counsel, 

International Law, Legislation, and 

Regulations Division, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591; 

telephone: (202) 267–7930; email: 

paul.g.greer@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking 

The Department of Transportation 

(‘‘the Department) has the responsibility 

to develop transportation policies and 

programs that contribute to providing 

fast, safe, efficient, and convenient 

transportation under Title 49, United 

States Code (49 USC), Subtitle 1, § 101. 

The Federal Aviation Administration 

(FAA or ‘‘we/us/our’’) is an agency of 

the Department. The FAA has general 

authority to issue rules regarding 

aviation safety, including minimum 

standards for articles and for the design, 

material, construction, quality of work, 

and performance of aircraft, aircraft 

engines, and propellers under 49 U.S.C. 

106(g) and 44701. We may also 

prescribe regulations in the interest of 

safety for registering and identifying an 

aircraft engine, propeller, or article 

under 49 U.S.C. 44104. 

The FAA is proposing to amend its 

regulations governing the certification 

procedures for products and articles and 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS