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

58923

Vol. 62, No. 211

Friday, October 31, 1997

DEPARTMENT OF ENERGY

Office of Energy Efficiency and

Renewable Energy

10 CFR Part 430

[Docket No. EE–RM–94–230]

RIN 1904–AA–52

Energy Conservation Program for

Consumer Products: Test Procedure

for Water Heaters

AGENCY: Office of Energy Efficiency and

Renewable Energy, Department of

Energy.

ACTION: Proposed rule; limited

reopening of the comment period.

SUMMARY: The Department of Energy

(DOE or the Department) is amending its

test procedure for water heaters. The

purpose of this notice is to solicit

comments on three amendments to the

proposed test for rating of instantaneous

water heaters, the installation

requirement for heat pump water

heaters supplied without tanks, and the

definition of heat pump water heater.

DATES: Written comments in response to

this notice must be received by

December 1, 1997.

ADDRESSES: Ten copies of written

comments may be submitted to: U.S.

Department of Energy, Office of Energy

Efficiency and Renewable Energy, EE–

43, Room 1J–018, MS EE–43, ‘‘Test

Procedure for Water Heaters,’’ Docket

No. EE–RM–94–230, Forrestal Building,

1000 Independence Avenue, SW,

Washington, DC 20585, (202) 586–7574.

Copies of the comments and

transcripts from the public hearing and

workshop may be viewed at the

Department of Energy, Freedom of

Information Public Reading Room, U.S.

Department of Energy, Room 1E–190,

1000 Independence Avenue, SW,

Washington, DC 20585, (202) 586–3142,

between the hours of 9:00 a.m. and 4:00

p.m., Monday through Friday, except

Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Terry Logee, U.S. Department of

Energy, Office of Energy Efficiency and

Renewable Energy, Mail Station EE–43,

1000 Independence Avenue, SW,

Washington, DC 20585–0121, (202) 586–

1689, FAX (202) 586–4617,

terry.logee@hq.doe.gov

Eugene Margolis, Esq., U.S.

Department of Energy, Office of General

Counsel, Mail Station GC–72, 1000

Independence Avenue, SW,

Washington, DC 20585–0103, (202) 586–

9507, FAX (202) 586–4116,

eugene.margolis@hq.doe.gov

SUPPLEMENTARY INFORMATION:

I. Introduction

On March 23, 1995, the Department

published a notice of proposed

rulemaking (NOPR) to make several

revisions to its test procedure for water

heaters. 60 FR 15330. On July 12, 1995,

a hearing was held on the NOPR, and on

February 12, 1997, a workshop was

held. The proposed amendments to the

water heater test procedure included,

among other things, revisions to make

the water heater test procedure

applicable to electric and oil-fired

instantaneous water heaters, and

definitions for a heat pump water heater

storage tank, an integral heat pump

water heater, and an add-on heat pump

water heater. In response to the NOPR,

several commenters submitted

proposals for alternatives to these

amendments. DOE is reopening the

comment period to provide an

opportunity for public review and

comment.

II. Discussion

A. Rating Instantaneous Water Heaters

In the NOPR, DOE proposed to extend

coverage to include electric and oil-fired

instantaneous water heaters in addition

to the gas-fired instantaneous water

heaters by amending the definitions and

test procedures. DOE proposed to use

the first hour rating test (already used

for testing storage-type water heaters)

for these instantaneous water heaters.

The Department received comments

from Bock, Edison Electrical Institute

(EEI), the Gas Appliance Manufacturers

Association (GAMA), and the Oregon

State Energy Office stating that no oilfired instantaneous water heaters are

manufactured for residential use.

Furthermore, the Federal Trade

Commission does not receive labeling

data on oil fired instantaneous water

heaters. (GAMA, No. 1 at 2; Testimony

from February 12, 1997, GAMA at 119,

EEI at 119, Bock at 120, FTC at 120;

Oregon, No. 51 at 3.) DOE agrees and

will withdraw coverage for oil-fired

instantaneous water heaters.

GAMA, the Electric Power Research

Institute (EPRI), the Oregon State Energy

Office, and several utilities suggested

that DOE’s proposed test for rating

instantaneous water heaters be changed

from a first hour rating to a maximum

flow rate in gallons per minute. These

commenters claimed the maximum gpm

rating better represents the capabilities

of an instantaneous water heaters. Such

a test would involve measuring the inlet

water temperature, establishing a

required outlet temperature based on a

prescribed temperature rise, and

determining the amount of water per

minute the water heater could dispense

at the required temperature. (Testimony

from February 12, 1997, GAMA at 127–

8; EPRI, No. 56 at 8; Oregon, No. 51 at

3; Hawaiian Electric Co., No. 23 at 2;

East Kentucky Power Cooperative, No.

34 at 1.) Nevada Power Company

claimed that applying the first hour

rating to instantaneous water heaters ‘‘is

inappropriate because consumers may

mistakenly compare instantaneous and

storage type water heaters as being

equivalent * * *’’ (Nevada Power Co.,

No. 45 at 4.)

Although all these commenters

supported testing for maximum flow

rate, there was some disagreement about

temperature rise. GAMA proposed that

the temperature rise should be 77 °F,

because, assuming an average inlet

water temperature of 58 °F, this is

consistent with testing for storage-type

water heaters, which are tested at 135

°F. EPRI and the Hawaiian Electric Co.

preferred a temperature rise of 50 °F for

instantaneous water heaters because,

they claimed, it reflects the water

temperature that people use. (GAMA,

No. 35 at 2, Testimony from July 21,

1995, GAMA at 11; Testimony from July

21, 1995, GAMA at 127, 138; Hawaiian

Electric Co., No. 23 at 2; EPRI, No. 56

at 8.)

Based on the comments, DOE believes

that the current first-hour rating for

instantaneous water heaters may

mislead consumers because those

instantaneous water heaters with larger

heat input rates can only provide about
58924 Federal Register / Vol. 62, No. 211 / Friday, October 31, 1997 / Proposed Rules

one gallon per minute at a 77 °F

temperature rise versus the three gallons

per minute DOE requires from storagetype water heaters in its first hour

rating. DOE agrees with GAMA, EEI,

EPRI, and other commenters that a test

for a maximum flow rate (gal/min.) over

a specific temperature rise (77 °F or 50

°F) is a better way to compare

instantaneous water heaters than a test

that determines the total volume flow

over one hour. The heat input rate in

BTU per hour or kilowatts and a specific

temperature rise will determine the

maximum flow rate in gallons per

minute. The maximum flow rate

measures the ability of instantaneous

water heaters to deliver the largest

possible amount of hot water to the user

at a specific temperature rise occurring

at any single moment.

DOE agrees with GAMA that the

temperature rise should be 77 °F. DOE

believes this temperature rise is

required to ensure that the

instantaneous water heater can deliver

water at 135 °F for dishwashers and

laundry or can provide hot water at a

minimum acceptable temperature in

places like Maine or Michigan, where

the source water temperature may be

much lower than the 58 °F used in the

test procedure.

Based on the above reasons, the

Department proposes to revise the test

for rating of instantaneous water heaters

from the first hour rating to the

maximum flow rate in gallons per

minute (gpm) at a 77 °F temperature

rise. This temperature rise will ensure

consumers that instantaneous water

heaters can provide hot water for

laundry and dishwasher use and can

dispense water at an acceptable

temperature in cold regions of the

country. DOE proposes to call this rating

criterion the maximum gpm rating.

The Department proposes to insert the

following text at the appropriate

sections in the proposed test procedure:

1.9 Maximum GPM (LPM) Rating

means the maximum gallons per minute

(liters per minute) of hot water that can

be supplied by an instantaneous water

heater while maintaining a nominal

temperature rise of 77 °F (42.8 °C)

during steady state operation at its

maximum rate of input energy.

5.2.3 Maximum GPM (LPM) Rating

Test for Instantaneous Water Heaters.

Establish normal water heater operation

at the maximum input rate with the

discharge water temperature set in

accordance with Section 5.2.1

(procedure for setting the outlet

discharge temperature). During the 10-

minute test, with no interruption to the

electricity or fossil fuel supplied to the

water heater, either collect the

withdrawn water for later measurement

of the total mass removed or,

alternatively, use a water meter to

directly measure the volume of water

removed.

Begin with the water flow temporarily

discontinued. Record the scale or water

meter reading as appropriate. Turn on

the hot water and record the

corresponding time. Record the inlet

and outlet water temperatures beginning

15 seconds after the hot water is turned

on and at every subsequent 5-second

interval throughout the duration of the

test. At the end of 10 minutes, turn off

the hot water. Determine the mass of

water collected, M10M, in pounds

(kilograms), or the volume of water,

V10M, in gallons (liters), with an error no

greater than 2 percent.

6.2.1 Maximum GPM (LPM) Rating

Computation. Compute the maximum

gpm (lpm) rating as:

F

M T T

F

or F

M T T

C

m del in

m del in

max

10

10

= ( ) −

( )( ) °

= ( ) −

( )( ) °

10 77

10 42 8

ρ

ρ max .

Where:

M10m = the mass of water collected

during the 10-minute test, lb (kg).

T ̄ del = the average delivery temperature,

°F (°C).

T ̄ in = the average inlet temperature, °F

(°C).

ρ = the density of water at the average

delivery temperature, lb/gal (kg/L).

If a water meter is used in lieu of a

scale, the maximum gpm (liter/min)

rating is computed as:

F

V T T

F

or F

V T T

C

m del in

m del in

max

10

10

= ( ) −

( ) °

= ( ) −

( ) °

10 77

10 42 8 max .

Where:

V10m = the volume of water measured

during the 10-minute test, gal (L).

T ̄ del = the average delivery temperature,

°F (°C).

T ̄ in = the average inlet temperature, °F

(°C).

B. Heat Pump Water Heater Storage

Tanks

In the NOPR, DOE proposed a

definition for a heat pump water heater

storage tank: ‘‘Heat Pump Water Heater

Storage Tank’’ is an insulated tank

designed, wired, and labeled for use

exclusively with an add-on heat pump

water heater or solar water heater and

being unable to operate without an addon heat pump water heater or solar

water heater. The heat pump water

heater storage tank may contain one or

two thermostats and up to two electric

resistance heating elements, and has a

manufacturer’s rated capacity of 120

gallons (450 liters) or less. When tested

with the add-on heat pump water heater

or solar water heater inoperative, the

heat pump water heater storage tank

shall have an energy factor that is

determined in accordance with the test

procedure for water heaters.

GAMA objected to the Department’s

proposed definition for a heat pump

water heater storage tank. GAMA also

proposed that a 50-gallon tank that

meets the minimum DOE energy factor

is adequate for testing any add-on heat

pump water heater sold without a tank

by the manufacturer. (Section 4.9.3 of

the existing DOE test procedure

specifies a 47±1 gallon tank with an

Energy Factor of 0.87±.01.) Supporters

for GAMA’s proposal included EPRI, the

Oregon Energy Office, and Virginia

Power. The Oregon Energy Office

suggested that DOE review the

definition in the current test procedure.

(Testimony from February 12, 1997,

GAMA at 229, EPRI at 227; Oregon, No.

51 at 6; Virginia Power, No. 50 at 4.)

Based on the above comments, the

Department is proposing to delete its

proposed definition for a heat pump

water heater storage tank. The

Department is revising the current

installation requirement in Section 4.9.3

for a heat pump water heater storage

tank. The Department proposes to insert

the following text at the appropriate

section in the proposed test procedure:

4.10 Heat Pump Water Heater

Storage Tank. The heat pump water

heater storage tank to be used for testing

a heat pump water heater without a tank

supplied by the manufacturer shall be

an electric storage-type water heater.

The electric water heater shall have the

following specifications: a volume of

47.0 gallons ±1.0 gallon (178.0 liters

±3.8 liters); two 4.5 kW heating

elements controlled in such a manner as

to prevent both elements from operating

simultaneously; and an Energy Factor

greater than or equal to the minimum

energy conservation standard (as

determined in accordance with Section

6.1.7) and less than or equal to the sum

of the minimum energy conservation

standard and 0.02.

C. Heat Pump Water Heater

In the NOPR, DOE proposed to amend

the definition of Heat Pump Water
Federal Register / Vol. 62, No. 211 / Friday, October 31, 1997 / Proposed Rules 58925

Heater with the following definitions of

internal heat pump water heater and

add-on heat pump water heater.

1.11.3.a. Integral heat pump water

heater An air-to-water heat pump

integral with an insulated storage tank.

1.11.3.b. Add-on heat pump water

heater An air-to-water heat pump

designed for use with a heat pump

water heater storage tank.

EEI and EPRI claimed the definition

for add-on heat pump water heater is

inappropriate and should not be

adopted. They stated that add-on heat

pump water heaters are designed to

work with any electric water heater tank

and that some are designed to work with

any tank. EPRI further stated that there

are no storage tanks labeled and

designed for use exclusively with heat

pump water heaters. Therefore, EPRI

believed the new definition would not

allow testing of add-on heat pump water

heaters because no heat pump water

heater tanks are labeled for use

exclusively with heat pump water

heater storage tanks. EPRI claimed this

new definition would increase costs of

tanks used with heat pump water

heaters because these tanks must be

specialty tanks. Further, EEI claimed

that this definition ‘‘is ill-advised; at

best, it is likely to create confusion and

increase the cost of heat pump water

heaters.’’ (Testimony from July 12, 1995,

EEI at 29; EEI, No. 2 at 7; EEI, No. 27

at 7; EPRI, No. 17 at 5.) Vaughn

Manufacturing Corp. stated, ‘‘Now DOE

is proposing to add more than one

category of heat pump water heaters and

a solar water heater. These new units

will add to the confusion unless care is

taken to see that the criteria are applied

to comparative models on a valid basis.’’

(Vaughn, No. 31 at 4.)

GAMA objected to the definition of

‘‘integral heat pump water heater’’

because the definition implies that the

heat pump is structurally integrated

with a tank, whereas, in reality, the heat

pump and the tank can be physically

separated, but are usually sold by the

manufacturer as a packaged unit. GAMA

suggested that instead of the 1995 DOE

proposed definitions of ‘‘integral heat

pump water heaters’’ and ‘‘add-on heat

pump water heaters,’’ the respective

definitions should be ‘‘heat pump water

heaters with tanks’’ and ‘‘heat pump

water heaters without tanks.’’

(Testimony from February 12, 1997,

GAMA at 229–31.)

The Department finds that the

definition of ‘‘integral heat pump water

heaters’’ should be withdrawn as

commenters GAMA, EPRI, Oregon

Energy Office, and Virginia Power

suggested. In place of the definition of

‘‘integral heat pump water heaters,’’ the

Department proposes the following

definition: Heat pump water heater with

storage tank means an air-to-water heat

pump sold by the manufacturer with an

insulated storage tank as a packaged

unit. The tank and heat pump can be an

integral unit or they can be separated.

The Department is also withdrawing

the definition for an add-on heat pump

water heater and proposes the following

definition.

Heat pump water heater without

storage tank (also called add-on heat

pump water heater) means an air-towater heat pump designed for use with

a storage-type water heater or a storage

tank that is not specified or supplied by

the manufacturer.

The Department welcomes comments

on these three topics.

Issued in Washington, DC, on October 24,

1997.

Joseph J. Romm,

Acting Assistant Secretary, Energy Efficiency

and Renewable Energy.

[FR Doc. 97–28908 Filed 10–30–97; 8:45 am]

BILLING CODE 6450–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–CE–69–AD]

RIN 2120–AA64

Airworthiness Directives; Twin

Commander Aircraft Corporation 500,

520, 560, 680, 681, 685, 690, 695, and

720 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes to

supersede Airworthiness Directive (AD)

94–04–17, which currently requires the

following on Twin Commander Aircraft

Corporation (Twin Commander) 500,

520, 560, 680, 681, 685, 690, 695, and

720 series airplanes: inspecting (onetime) the flap system for cables with

broken wires or pulleys with worn cable

clips, replacing any damaged parts, and

replacing the master pulley and cable

with new parts of improved design. The

proposed AD would require inspecting

all flap system cable grooves for the

correct width, inspecting all flap system

pulleys for rubbing on the support

brackets, inspecting all flap pulley cable

assemblies for frayed wires, and

reworking or replacing any parts with

discrepancies. The proposed AD results

from several reports of worn and frayed

flap system cables attributed to flap

pulley grooves that are too narrow. The

actions specified by the proposed AD

are intended to prevent failure of a flap

system cable caused by fatigue, which

could result in loss of control of the

airplane.

DATES: Comments must be received on

or before January 6, 1998.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Central Region,

Office of the Regional Counsel,

Attention: Rules Docket No. 97-CE–69-

AD, Room 1558, 601 E. 12th Street,

Kansas City, Missouri 64106. Comments

may be inspected at this location

between 8 a.m. and 4 p.m., Monday

through Friday, holidays excepted.

Service information that applies to the

proposed AD may be obtained from the

Twin Commander Aircraft Corporation,

19003 59th Drive, NE, Arlington,

Washington 98223–7832; telephone

(360) 435–9797. This information also

may be examined at the Rules Docket at

the address above.

FOR FURTHER INFORMATION CONTACT: Mr.

Jeffrey Morfitt, Aerospace Engineer,

FAA, Northwest Mountain Region, 1601

Lind Avenue S.W., Renton, Washington

98055–4056; telephone (425) 227–2595;

facsimile (425) 227–1181.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested persons are invited to

participate in the making of the

proposed rule by submitting such

written data, views, or arguments as

they may desire. Communications

should identify the Rules Docket

number and be submitted in triplicate to

the address specified above. All

communications received on or before

the closing date for comments, specified

above, will be considered before taking

action on the proposed rule. The

proposals contained in this notice may

be changed in light of the comments

received.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the proposed rule. All comments

submitted will be available, both before

and after the closing date for comments,

in the Rules Docket for examination by

interested persons. A report that

summarizes each FAA-public contact

concerned with the substance of this

proposal will be filed in the Rules

Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this notice

must submit a self-addressed, stamped

postcard on which the following