### 13888 

# ·osedrules

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.



### [3128-01]

DEPARTMENT OF ENERGY

Office ofConservation and Solar Applications

[10 C:fR Part 430]

ENERGY CONSERVATION PROGRAM FOR APPLIANCES

Proposed Rulemaking and Public Hearing Regarding Test Procedures for Water Heaters

AGENCY: DepartmentofEnergy.
ACTION: Proposedrule.
SUMMARY: The Department of Energy hereby proposes to amend its test procedures for water heaters. Thesetestprocedures are a partofthe appliance energy efficiency program established pursuant to the Energy Policy andConservationAct, whichre- quires that standard methods of testing be prescribed for covered appli-

ances. DATES: Comments by May 22, 1978; requests to speak by May 3, 1978; statements by May 15, 1978; hearing tobeheldonMay 16, 1978. ADDRESSES: Comments andrequests GO speak at the hearing to: Office of Public Hearing Management, Box SA, Department of Energy, Room 2313, 2000 M Street NW., Washington, D.C. 20461; statements to: Office of Public S:earing Management, Box SA, Department of Energy, Room 2313, 2000 

### tv.t Street NW., Washington, D.C. 20461; hearing to be held at: Room H05, 2000 M StreetNW., Washington, D.C. l"OR FURTHER INFORMATION**~ONT**ACT:

James A. Smith <Office of Conservation and Solar Applications), Old Post Office Building, Room 307, 12th and Pennsylvania Avenue NW., Washington, D.c. 20461, 202-566- 4635. Robert C. Gillette (Hearing Procedures) 2000 M Street NW., Room 2222A, Washington, D.C. 20461, 202- 254-5201. Jim Merna <Media Relations), 12th and Pennsylvania Avenue NW., Room 3104, Washington, D.C. 20461, 202-566-9833. William J. Dennison <Office of the General Counsel), 12thandPennsylvania Avenue NW., Room 7148, Washington, D.C. 20461, 202-566- 9750.

SUPPLE1.1:ENTARY INFORMATION:

A. BACKGROUND On October 1, 1977, the Department ofEnergy <DOE> assumed the authority of the Federal Energy Administration CFEA) for the energy conserva- tion program for appliances, pursuant to section 301 of the Department of Energy Organization Act <DOE Act> <Pub. L. 95-91>. The energy conserva- tionprogram for appliances was established by FEA pursuant to title III, part B of the Energy Policy and Conservation Act (Act) (Pub. L. 94-163). Section 323 C42 U.S.C. 6293) oftheAct requires that standard methods of testingbeprescribedfor covered appli-

ances.

FEA proposed test procedures for water heaters by notice issued April

-21, 1977 (42 FR 21576, April 27, 1977),

and a public hearing on the proposed test procedures was held on June 13, 1977. Final test procedures for water ·heaters were prescribed by FEA on September 27, 1977 C42 FR 54110, October4, 1977).

DOE is today proposing to amend section 430.22Ce)(2) of the final test procedures for water heaters and Appendix E to subpart B of part 430 in order to specify a different method of determining the energy factor for waterheaters.

B. DISCUSSION A review ofthe final test procedures for water heaters revealed 

### an error in the derivation of the energy factor. In boththeproposed andfinal testprocedures, the energy factor was computed by dividing the daily water heating energy consumption by the average daily energy consumption. The energy factor was intended to relate a water heater'suseful output ofservicesto its energy consumption. As currently formulated, the numerator of the equation used

. to determine the energy factor actually reflects a portion of the water heater's energy consumption rather than the water heater's usefuloutputofservices.

One approach to determining the useful output of a water heater is to determine the energy imparted by a water heater to the volume of water delivered by the water heater

..The final water heater test procedures·are based upon an average dailyhot water usage of 64.3 gallons and an average temperature difference between the water heater inlet temperature and water.heater outlettemperature of 90' F. Under these conditions, the useful output of a water heater would be the product of Ca> 64.3 gallons per day, Cb>

a 90' F. temperature rise, and Cc> the specific heat of water. The energy factor couldbe determinedby dividing this measure of the useful output of a water heater by the energy consumptionofthewaterheater.

Because of the importance of the energy factor to the efficiency target programandto anyfuture energyefficiency standard program for appliances, DOEhas decided topropose the methodology for determining the energy factor discussed above as an amendment to the final test proce- dures, As an ancillary matter, by separate notice also published today, DOE is suspending section 430.22Ce)(2) of Title 10, Code of Federal Regulations, until the amendments proposed today

are either adopted or withdrawn. No other provisions of Title 10 are affectedbythissuspension.

C. COMMENT PROCEDURE 1. 

### Written comment. Interested per- sons are invited to participate in this rulemaking by submitting data, views

or arguments with respect to the proposed amendments set forth in this notice to Office of Public Hearing Management, Box SA, Washington, D.C. 20461. Comments may suggest alternative methods of determining the energy factor for water heaters, but any suggestions should discuss how they relate the useful output of ser- vices to the energy consumption of a waterheater.

Comments should be identified on .the outside of the envelope and on documents submittedto DOE withthe designation "Water Heaters-Proposed Amendments." Fifteen copies should be submitted. All comments received by May 22, 1978, before 4:30 p.m., e.d.t., and all other relevant information, will be considered by DOEbefore final action is taken on the proposed regulation.

Any information or data considered bytheperson furnishing it to be confidential must be so identified and submitted in writing, one copy only. DOE

reserves the right to determine the confidential status of the information

or data and treat it according to itsdetermination.

FEDERAL REGISTER, VOL. 43, NO. 64-MONDAY, APRIL 3, 19782. Public hearings-a. Requestprocedures. 

### The time and place of the 

### public hearing are indicated,atthe be

### ginning of this preamble. The hearing will

### be continued, if

### necessary, onMay 17, 1978.

DOE invites any person who has an interest in the proposed amendment issued today, or who is a representative of a group orclass ofpersons that has an interest in today's proposed amendment, tomake a writtenrequest for an opportunity to make an oral presentation. Such a request may be hand delivered to 

### Office of Public Hearing Management, Box SA, Department of Energy, Room 2313, 2000 M Street NW., Washington, D.C. 20461, betweenthehours of 8 a.m. and 4:30 p.m., Monday through Friday. A request should be labeled both on the document and onthe envelope "Water Heaters

- ProposedAmendments.

The person making the request should briefly describe the interest concerned; if appropriate, state why she or he is a proper representative of

a group or class of persons that has such an interest; and give a concise summary of the proposed oral presentation and a telephone number where she or he may be contacted through May 15, 1978.

DOE will notify, before 4:30 p.m., e.d.t., May 9, 1978, each person selectedto appear ata hearing. Eachperson selected to be heard must submit 100 copies of her or his statement to the address and by the date given in the beginning of this preamble. In the event any person wishing to testify cannot meet the 100-copy requirement, alternative arrangements canbe made with the Economic Regulatory Administration <ERA> in advance of the hearing by so indicating in the letter requesting an oral presentation

orby calling the ERA at 202-254-3345.

b. Conduct of hearings. 

### DOE reserves the right to select the persons to be heard at this hearing, to schedule their respective presentations and to establish the procedures governing the conduct of the hearing. The length of each presentation may be limited, based on the number of personsrequestingtobeheard.

A DOE official will be designated to preside atthehearing.This will

### notbe


### a judicial or evidentiary-type-hearing. Questions may be asked only by those conducting the hearing, and there will benocross-examination ofthepersons presenting statements. Any decision madeby DOE withrespect to the subject matter of the hearing will be based on all information available to DOE. At the conclusion of all initial oral statements, each person who has made an oral statement will be given the opportunity, if she or he so desires, to make a rebuttal ·statement. The rebuttal statements will be given in the order in which the initial state

### PROPOSED 1uu:s

ments were made and will be 

### subject to

### timelimitations.

Any interested person may submit questions to be asked of any person making a statement at the hearing to Public Hearing Management, Box SA,

. DOE, 2000 M StreetNW., Washington,

D.C., before 4:30 p.m., e.d.t., May 9, 1978. DOE will 

### determine whetherthe question is 

### relevant, and whether the time limitations permit it to be 

### presentedfor answer.

Anypersonwhomakesan oralstatement andwhowishes to ask a question at the hearing may submit the ques- tion, in writing, to the presiding officer. The presiding officer, will determine whether the question is relevant, and whether the time limitations permitittobe

### presentedfor answer.

Any further procedural rules needed for the proper conduct of the hearing will be announced by thepresiding officer.

A transcript of the hearing will be made and the entire record of the hearing, including the transcript, will be retained by DOE and made available for inspection at the DOE Free-

. dom of Information Oftice, Room

2107, FederalBuilding, 12thandPennsylvania Avenue NW., Washington, D.C., between the hours of 8 a.m. and 4:30 p.m., Monday through Friday. Any person may purchase a copy of thetranscriptfrom thereporter.

D. ENVIRONMENTAL AND INFLATIONARY REVIEW 

### Pursuant to section 7Cc)(2) of the FEA Act, a copy of this notice has been submitted to the Administrator of the Environmental Protection Agency for his comments concerning the Jmpact of this proposal on the quality of the environment. The Administratorhasno comments.

The National Environmental Policy Act of 1969 requires DOEto assess the environmental impacts of any proposal issued by the Department for

."major Federal actions significantly affectingthe quality ofthe human environment." Since test procedures under the energy conservation program for appliances will 

### be used only to standardize the measurement of energy usage and will not affect the quality or distribution of energy usage, DOE has determined that the action of prescribing test procedures, byitself,will notresultinanyenvironmental impacts. On this basis, DOE has determined that, with respect to prescribing test procedures under the energy conservation program for appliances, no environmental impact statementis required.

Theproposedrulehasbeenreviewed in 

### accordance with Executive Order

. 11821 as amended by Executive Order 11949, and OMB Circular No. A-107 and has been determined not to be a majorproposalrequiringevaluation of 

### 13889

its 

### economic impact as provided for therein. (Energy Policy and Conservation Act, Pub. L. 94-163, as amended by Pub. L. 94-385; Federal Energy Administration Act of 1974, Pub. L. 93-275, as amended by Pub. L. 94- 385; Department of Energy Organization Act,Pub. L. 95-91; E.O. 11790, 39 FR 23185.)



### In 

### consideration of the foregoing, it is 

### proposed to amend Part 430 of Chapter II

### ofTitle 10, Code ofFederal Regulations, assetforth below.

Issued in Washington, D.C., March 27, 1978.

WILLIAM S. HEFFELFINGER, Directorof Administration.
1. 

### Section 430.22 is amended by revising paragraph Ce)(2) to 

### read as follows: · ·

<e> • •

.. (2) The energyfactorforwaterheaters shallbe-

(i) 

### For a gas or oil water heater, the quotient ofthe daily hot waterenergy consumption determined according to 

### -section 4.6 of Appendix E of this sub-. part divided by the average daily eriergy consumption as determined according to section 4.5.3 of Appendix E of this subpart, the resulting quotient then being rounded off to the nearest 0.01; and

(ii) 

### For an electric water heater, the quotient ofthe daily hot water energy consumption determined according to section 4.6 of Appendix E of this subpart divided by the product of the average daily energy consumption as determined according to section 4.5.4 of Appendix E of this subpart times 3,412 Btu per kilowatt-hour, the resulting quotient then being rounded offtothenearest0.01.

2. Appendix E to Subpart B of Part 430 is amended by adding a new section4.6, toreadasfollows:

4.6 Daily hot water energy consumption. Calculate the daily hot water energy con- sumption, 

## c.. the energy content of the nominal daily hot water usage, expressed in Btuperday anddefinedas: C.=kXUxt.T., Where:
k isas defined insection4.1.1; and t.T. and Uareas defined insection 4.3.

CFR Doc. 78-8591 Filed 3-31-78; 8:45 am]

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