C-TP-77-002 COMMENT 04

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·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 of Conservation 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: Department of Energy. 

ACTION: Proposed rule. 

SUMMARY: The Department of 

Energy hereby proposes to amend its 

test procedures for water heaters. 

These test procedures are a part of the 

appliance energy efficiency program 

established pursuant to the Energy 

Policy and Conservation Act, which re- 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 

to be held on May 16, 1978. 

ADDRESSES: Comments and requests 

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 Street NW., 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), 12th and Pennsylvania Avenue NW., Room 7148, 

Washington, D.C. 20461, 202-566-

9750. 

SUPPLE1.1:ENTARY INFORMATION: 

A. BACKGROUND 

On October 1, 1977, the Department 

of Energy <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- tion program 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) of the Act 

requires that standard methods of 

testing be prescribed for 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, October 4, 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 

water heaters. 

B. DISCUSSION 

A review of the final test procedures 

for water heaters revealed an error in 

the derivation of the energy factor. In 

both the proposed and final test procedures, 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's useful output of services to 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 

useful output of services. 

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 daily hot water 

usage of 64.3 gallons and an average 

temperature difference between the 

water heater inlet temperature and 

water. heater outlet temperature 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 could be determined by dividing 

this measure of the useful output of a water heater by the energy consumption of the water heater. 

Because of the importance of the 

energy factor to the efficiency target 

program and to any future energy efficiency standard program for appliances, DOE has decided to propose 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 affected by this suspension. 

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 water heater. 

Comments should be identified on .the outside of the envelope and on documents submitted to DOE with the 

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 DOE before 

final action is taken on the proposed 

regulation. 

Any information or data considered 

by the person 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 its determination. 

FEDERAL REGISTER, VOL. 43, NO. 64-MONDAY, APRIL 3, 1978 
C-TP-77-002 COMMENT 04

2. Public hearings-a. Request procedures. The time and place of the 

public hearing are indicated,at the beginning of this preamble. The hearing 

will be continued, if necessary, on May 

17, 1978. 

DOE invites any person who has an 

interest in the proposed amendment 

issued today, or who is a representative of a group or class of persons that 

has an interest in today's proposed 

amendment, to make a written request 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, between the hours of 8 a.m. and 

4:30 p.m., Monday through Friday. A 

request should be labeled both on the 

document and on the envelope "Water 

Heaters - Proposed Amendments. 

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 selected to appear at a hearing. Each person 

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 can be 

made with the Economic Regulatory 

Administration <ERA> in advance of 

the hearing by so indicating in the 

letter requesting an oral presentation 

or by 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 persons requesting to be heard. 

A DOE official will be designated to 

preside at the hearing. This will not be 

a judicial or evidentiary-type -hearing. Questions may be asked only by those 

conducting the hearing, and there will 

be no cross-examination of the persons 

presenting statements. Any decision 

made by DOE with respect 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 statePROPOSED 1uu:s 

ments were made and will be subject 

to time limitations. 

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 Street NW., Washington, 

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

1978. DOE will determine whether the 

question is relevant, and whether the 

time limitations permit it to be presented for answer. 

Any person who makes an oral statement and who wishes 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 

permit it to be presented for answer. 

Any further procedural rules needed 

for the proper conduct of the hearing will be announced by the presiding 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, Federal Building, 12th and Pennsylvania 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 

the transcript from the reporter. 

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 Administrator has no comments. 

The National Environmental Policy 

Act of 1969 requires DOE to assess the 

environmental impacts of any proposal issued by the Department for . "major Federal actions significantly 

affecting the quality of the 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, 

by itself, will not result in any environmental impacts. On this basis, DOE 

has determined that, with respect to 

prescribing test procedures under the 

energy conservation program for appliances, no environmental impact 

statement is required. 

The proposed rule has been reviewed 

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 

major proposal requiring evaluation of 

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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 of Title 10, Code of Federal 

Regulations, as set forth below. 

Issued in Washington, D.C., March 

27, 1978. 

WILLIAM S. HEFFELFINGER, 

Director of Administration. 

1. Section 430.22 is amended by revising paragraph Ce)(2) to read as follows: · · <e> • • .. (2) The energy factor for water heaters shall be-

(i) For a gas or oil water heater, the 

quotient of the daily hot water energy 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 of the 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 

off to the nearest 0.01. 

2. Appendix E to Subpart B of Part 

430 is amended by adding a new section 4.6, to read as follows: 

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 

Btu per day and defined as: 

C.=kX Uxt.T., 

Where: 

k is as defined in section 4.1.1; and 

t.T. and U are as defined in section 4.3. 

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

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