Federal Register / Vol. 79, No. 203 / Tuesday, October 21, 2014 / Proposed Rules 62899 

Where: Input power is determined in 

accordance with section 2.5.1.6, input 

voltage is determined in accordance 

with section 2.5.1.7, and input current 

is determined in accordance with 

section 2.5.1.8. 

* * * * * 

[FR Doc. 2014–24985 Filed 10–20–14; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

10 CFR Part 431 

[Docket No. EERE–2014–BT–STD–0027] 

RIN 1904–AD31 

Energy Conservation Program for 

Certain Commercial Industrial 

Equipment: Conservation Standards 

for Commercial Pre-Rinse Spray 

Valves 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Extension of public comment 

period. 

SUMMARY: This document announces an 

extension of the time period for 

submitting comments, data, and 

information on the framework 

document for commercial pre-rinse 

spray valves, published on September 

11, 2014. The comment period is 

extended to November 12, 2014. 

DATES: The comment period for the 

framework document for commercial 

pre-rinse spray valves, published on 

September 11, 2014 (79 FR 54213) is 

extended to November 12, 2014. 

ADDRESSES: Interested persons may 

submit comments by any of the 

following methods: 

• Federal eRulemaking Portal: 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Email: 

SprayValves20104STD0027@ee.doe.gov. 

Include EERE–2014–BT–STD–0027 and/ 

or regulation identifier number (RIN) 

1904–AD31 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 data format (PDF), or 

American Standard Code for 

Information Interchange (ASCII) file 

format, and avoid the use of special 

characters or any form of encryption. 

• Mail: Ms. Brenda Edwards, U.S. 

Department of Energy, Building 

Technologies Office, Mailstop EE–5B, 

Notice of Availability of Framework 

Document for Commercial Pre-rinse 

Spray Valves, EERE–2014–BT–STD– 

0027 and/or RIN 1904–AD31, 1000 

Independence Avenue SW., 

Washington, DC 20585–0121. Phone: 

(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. (Please note that 

comments sent by mail are often 

delayed and may be damaged by mail 

screening processes.) 

• Hand Delivery/Courier: Ms. Brenda 

Edwards, U.S. Department of Energy, 

Building Technologies Office, 6th Floor, 

950 L’Enfant Plaza SW., Washington, 

DC 20024. Phone: (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 docket number EERE–2014–BT– 

STD–0027 and/or regulatory 

identification number (RIN) 1904– 

AD31. 

Docket: The docket is available for 

review at http://www.regulations.gov, 

and will include Federal Register 

notices, framework document, notice of 

proposed rulemaking, public meeting 

attendee lists and transcripts, 

comments, and other supporting 

documents/materials throughout the 

rulemaking process. The regulations.gov 

Web page contains simple instructions 

on how to access all documents, 

including public comments, in the 

docket. The docket can be accessed by 

searching for docket number EERE– 

2014–BT–STD–0027 on the 

regulations.gov Web site. All documents 

in the docket are listed in the http://

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. 

FOR FURTHER INFORMATION CONTACT: Mr. 

James Raba, 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) 586–8654. Email: 

jim.raba@ee.doe.gov. 

In the Office of General Counsel, 

contact Ms. Celia Sher, U.S. Department 

of Energy, Office of the General Counsel, 

GC–71, 1000 Independence Avenue 

SW., Washington, DC 20585–0121. 

Telephone: (202) 287–6122. Email: 

Celia.Sher@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: On 

September 11, 2014, the U.S. 

Department of Energy (DOE) published 

a document in the Federal Register 

initiating a rulemaking and data 

collection process to consider 

establishing energy conservation 

standards for commercial pre-rinse 

spray valves. 79 FR 54213. In that 

document, DOE announced the 

availability of a framework document. 

The document provided for the 

submission of written comments by 

October 27, 2014, and oral comments 

were also accepted at a public meeting 

held on September 30, 2014. The 

Plumbing Manufacturers International 

requested, by letter dated October 9, 

2014, an extension of the public 

comment period for the framework 

document, in view of the breadth, 

technical nature, and amount of data 

requested, and to ensure that key 

domestic and international industry 

representatives have adequate time to 

review and provide comments. 

DOE has determined that an extension 

of the public comment period for the 

framework document is appropriate to 

allow interested parties additional time 

to submit comments for DOE’s 

consideration. Thus, DOE is extending 

the comment period by 15 days. DOE 

will consider any comments received by 

November 12, 2014 to be timely 

submitted. 

Issued in Washington, DC, on October 10, 

2014. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

[FR Doc. 2014–24982 Filed 10–20–14; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

10 CFR Part 431 

[Docket Number EERE–2014–BT–STD– 

0042] 

RIN 1904–AD34 

Energy Conservation Program for 

Certain Industrial Equipment: Energy 

Conservation Standards 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 

to consider amended energy 

conservation standards for commercial 

water heaters, hot water supply boilers, 

and unfired hot water storage tanks 

(commercial water heating equipment). 

Once completed, this rulemaking will 

fulfill DOE’s statutory obligation to 

either propose amended energy 

conservation standards for commercial 

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62900 Federal Register / Vol. 79, No. 203 / Tuesday, October 21, 2014 / Proposed Rules 

1For editorial reasons, upon codification in the 

U.S. Code, Part C was re-designated Part A–1. 

2All references to EPCA in this document refer 

to the statute as amended through the American 

Energy Manufacturing Technical Corrections Act of 

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

water heating equipment or to 

determine that the existing standards do 

not need to be amended. This notice 

seeks to solicit information to help DOE 

determine whether national standards 

more stringent than those currently in 

place would result in a significant 

amount of additional energy savings and 

whether such amended national 

standards would be technologically 

feasible and economically justified. In 

overview, this document presents a brief 

description of the analysis DOE plans to 

perform for this rulemaking and 

requests comment on various issues 

relating to each of the analyses (e.g., 

market assessment, engineering 

analysis, energy use analysis, life-cycle 

cost and payback period analysis, and 

national impact analysis). Although this 

document contains several specific 

topics on which DOE is particularly 

interested in receiving written 

comment, DOE welcomes suggestions 

and information from the public on any 

subject within the scope of this 

rulemaking, including topics not raised 

in this RFI. 

DATES: Written comments and 

information are requested on or before 

November 20, 2014. 

ADDRESSES: Interested parties are 

encouraged to submit comments 

electronically. However, interested 

persons may submit comments, 

identified by docket number EERE– 

2014–BT–STD–0042 and/or regulatory 

identification number (RIN) 1904–AD34 

by any of the following methods: 

• Federal eRulemaking Portal: 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Email: 

ComWaterHeating2014STD0042@

ee.doe.gov. Include docket number 

EERE–2014–BT–STD–0042 and/or RIN 

1904–AD34 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–5B, 

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. 

For detailed instructions on 

submitting comments and additional 

information on the rulemaking process, 

see section Public Participation of this 

document. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information may 

be sent to Mr. Ron Majette, U.S. 

Department of Energy, Office of Energy 

Efficiency and Renewable Energy, 

Building Technologies Program, EE–5B, 

1000 Independence Avenue SW., 

Washington, DC 20585–0121. 

Telephone: (202) 586–7935. Email: 

Ronald.Majette@ee.doe.gov. 

Ms. Sarah Butler, U.S. Department of 

Energy, Office of the General Counsel, 

GC–71, 1000 Independence Avenue 

SW., Washington, DC 20585–0121. 

Telephone: (202) 586–1777. Email: 

Sarah.Butler@hq.doe.gov. 

For information on how to submit or 

review public comments, contact Ms. 

Brenda Edwards, U.S. Department of 

Energy, Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies Program, Mailstop EE–2J, 

1000 Independence Avenue SW., 

Washington, DC 20585–0121. 

Telephone: (202) 586–2945. Email: 

Brenda.Edwards@ee.doe.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Introduction 

A. Authority 

B. Background 

C. Rulemaking Process 

II. Planned Rulemaking Analyses 

A. Test Procedure 

B. Market Assessment 

C. Technology Options for Consideration 

D. Engineering Analysis 

E. Markups Analysis 

F. Energy Use Analysis 

G. Life-Cycle Cost and Payback Period 

Analysis 

H. Shipments Analysis 

I. National Impact Analysis 

III. Submission of Comments 

I. Introduction 

A. Authority 

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 commercial water heating 

equipment that are the subject of this 

notice.2 In general, this program 

addresses 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 initial Federal energy 

conservation standards and test 

procedures for commercial water 

heating equipment were added to EPCA 

as an amendment made by the Energy 

Policy Act of 1992 (EPACT). (42 U.S.C. 

6313(a)(5)) These initial energy 

conservation standards corresponded to 

the efficiency levels contained in the 

American Society of Heating, 

Refrigerating and Air-Conditioning 

Engineers (ASHRAE) Standard 90.1 

(ASHRAE Standard 90.1) in effect on 

October 24, 1992. The statute provided 

that if the efficiency levels in ASHRAE 

Standard 90.1 were amended after 

October 24, 1992, the Secretary must 

establish an amended uniform national 

standard at new minimum levels for 

each equipment type specified in 

ASHRAE Standard 90.1, unless DOE 

determines, through a rulemaking 

supported by clear and convincing 

evidence, that national standards more 

stringent than the new minimum levels 

would result in significant additional 

energy savings and be technologically 

feasible and economically justified. (42 

U.S.C. 6313(a)(6)(A)(ii)(II)) In deciding 

whether a proposed amended standard 

is economically justified, DOE must, 

after receiving comments on the 

proposed standard, determine whether 

the benefits of the proposed standard 

exceed its burdens by, to the greatest 

extent practicable, considering the 

following seven factors: 

1. The economic impact of the 

standard on manufacturers and 

consumers of the equipment subject to 

the standard; 

2. The savings in operating costs 

throughout the estimated average life of 

the covered equipment 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 standard; 

3. The total projected amount of 

energy savings, or as applicable, water 

savings, likely to result directly from the 

standard; 

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Federal Register / Vol. 79, No. 203 / Tuesday, October 21, 2014 / Proposed Rules 62901 

3This equipment includes small, large, and very 

large commercial package air conditioning and 

heating equipment, packaged terminal air 

conditioners and heat pumps, warm-air furnaces, 

packaged boilers, storage water heaters, 

instantaneous water heaters, and unfired hot water 

storage tanks. (42 U.S.C. 6313(a)(6)) 

4 It is noted that AEMTCA inadvertently assigned 

two separate provisions to 42 U.S.C. 

6313(a)(6)(C)(vi). The provision cited above is the 

one most relevant to this RFI. 

4. Any lessening of the utility or the 

performance of the covered equipment 

likely to result from 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 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. 6313(a)(6)(B)(ii)) 

Section 5(b) of the American Energy 

Manufacturing Technical Corrections 

Act (AEMTCA), Public Law 112–210 

(Dec. 18, 2012), amended EPCA to 

include a requirement for DOE to 

conduct an evaluation of whether to 

amend the standards for certain types of 

commercial and industrial equipment 3

every six years. (42 U.S.C. 

6313(a)(6)(C)(i)) AEMTCA also 

mandated that DOE must publish the 

first document of an expedited 

rulemaking within 1 year of the date of 

AEMTCA’s enactment (i.e., December 

18, 2012) to consider amended energy 

conservation standards for any covered 

equipment of those types as to which 

more than six years had elapsed since 

the issuance of the most recent final rule 

establishing or amending a standard for 

the equipment. (42 U.S.C. 6313(a)(6)(C) 

(vi)) 4

DOE issued the most recent final rule 

for commercial water heating equipment 

on January 12, 2001 (hereinafter, the 

‘‘January 2001 final rule’’), which 

adopted the amended energy 

conservation standards at levels 

equivalent to efficiency levels in 

ASHRAE Standard 90.1, as it was 

revised in October 1999. 66 FR 3336. 

Because more than six years has passed 

since issuance of the last final rule for 

commercial water heating equipment, 

DOE is required to publish either a 

notice of determination that the current 

standards for these equipment types do 

not need to be amended, or a notice of 

proposed rulemaking proposing 

amended energy conservation standards 

for these equipment types. In addition, 

the energy conservation standards for 

commercial oil-fired storage water 

heaters were increased to a level beyond 

the current federal standards in 

ASHRAE Standard 90.1–2013. Therefore 

DOE is required to adopt these new 

standards unless there is clear evidence 

that adopting stricter standards would 

produce significant additional energy 

savings while being both 

technologically feasible and 

economically justified. 

To meet the requirements under 

AEMTCA, DOE is reviewing its existing 

energy conservation standards for the 

equipment types listed in 42 U.S.C. 

6313(a) for which at least six years have 

elapsed since the issuance of the most 

recent final rule, including the 

commercial water heating equipment 

that is the subject of this notice. This 

notice represents the initiation of the 

mandatory review process required by 

AEMTCA. DOE seeks input from the 

public to assist with its determination 

on whether to amend the current 

standards for commercial water heating 

equipment. 

B. Background 

On October 29, 1999, ASHRAE 

released an updated Standard 90.1– 

1999, which included amended 

efficiency levels for numerous 

categories of commercial water heaters, 

hot water supply boilers, and unfired 

hot water storage tanks. DOE evaluated 

these efficiency levels and subsequently 

adopted energy conservation standards 

affecting eight different water heating 

equipment categories in a final rule 

published in the January 2001 final rule. 

66 FR 3336. However, DOE did not 

adopt the efficiency level contained in 

ASHRAE Standard 90.1–1999 for 

commercial electric storage water 

heaters, since the ASHRAE Standard 

90.1–1999 level was less stringent than 

the standard in EPCA and would have 

increased energy consumption, and 

under those circumstances, DOE could 

not adopt the new efficiency level. 66 

FR at 3350. The current Federal energy 

conservation standards for this 

equipment including those adopted in 

the January 2001 final rule are shown in 

Table 1. 

TABLE 1—MINIMUM EFFICIENCY LEVELS FOR COMMERCIAL WATER HEATING EQUIPMENT

Equipment Size 

Energy conservation standard a b

Minimum 

thermal 

efficiency 

(percent) 

Maximum standby loss c

Electric storage water heaters ........................................................ All ................................. N/A 0.30 + 27/Vm (%/hr). 

Gas-fired storage water heaters ..................................................... ≤155,000 Btu/hr ............ 80 Q/800 + 110(Vr)1⁄2 (Btu/hr). 

>155,000 Btu/hr ........... 80 Q/800 + 110(Vr)1⁄2 (Btu/hr). 

Oil-fired storage water heaters ....................................................... ≤155,000 Btu/hr ............ 78 Q/800 + 110(Vr)1⁄2 (Btu/hr). 

>155,000 Btu/hr ........... 78 Q/800 + 110(Vr)1⁄2 (Btu/hr). 

Gas-fired instantaneous water heaters and hot water supply boilers.<10 gal ......................... 80 N/A. 

≥10 gal ......................... 80 Q/800 + 110(Vr)1⁄2 (Btu/hr). 

Oil-fired instantaneous water heaters and hot water supply boilers.<10 gal ......................... 80 N/A. 

≥10 gal ......................... 78 Q/800 + 110(Vr)1⁄2 (Btu/hr). 

Equipment Size Minimum thermal insulation 

Unfired hot water storage tank ....................................................... All ................................. R–12.5

aVm is the measured storage volume and Vr is the rated volume, both in gallons. Q is the nameplate input rate in Btu/hr. bFor hot water supply boilers with a capacity of less than 10 gallons: (1) The standards are mandatory for products manufactured on and after 

October 21, 2005, and (2) products manufactured prior to that date, and on or after October 23, 2003, must meet either the standards listed in 

this table or the applicable standards in subpart E of this part for a ‘‘commercial packaged boiler.’’ cWater heaters and hot water supply boilers having more than 140 gallons of storage capacity need not meet the standby loss requirement if 

(1) the tank surface area is thermally insulated to R–12.5 or more, (2) a standing pilot light is not used and (3) for gas or oil-fired storage water 

heaters, they have a fire damper or fan assisted combustion. 

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62902 Federal Register / Vol. 79, No. 203 / Tuesday, October 21, 2014 / Proposed Rules 

DOE reviewed and adopted amended 

test procedures for commercial water 

heating equipment in a direct final rule 

published on October 21, 2004. 69 FR 

61974. These test procedure 

amendments 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.’’ Id. On 

May 16, 2012, DOE published a final 

rule in the Federal Register to update 

the test procedures for certain 

commercial water heating equipment by 

adopting and incorporating by reference 

the most recent version of the relevant 

industry test procedure, ANSI Z21.10.3– 

2011. 77 FR 28928. These updates did 

not materially alter the procedure. 

The divisions between residential and 

commercial water heaters were first 

established in EPCA. The current 

specifications for residential water 

heaters are shown below in Table 2, as 

specified in 10 CFR 430.2. A water 

heater exceeding any of the limits 

expressed below for input, volume, 

input/volume, or max temperature is 

classified as commercial water heating 

equipment. 

TABLE 2—CLASSIFICATION OF RESIDENTIAL WATER HEATING EQUIPMENT

Type Input Volume 

(gal) 

Input/volume 

(BTU/(h*gal)) 

Max temp 

(°F) 

Gas Storage .................................................... <75,000 BTU/h ............................................... 20–100 <4,000 <180 

Oil Storage ...................................................... <105,000 BTU/h ............................................. <50 <4,000 <180 

Electric Storage ............................................... <12 kW ........................................................... 20–120 <4,000 <180 

Gas Instantaneous .......................................... 50,000–200,000 BTU/h .................................. <2 ≥4,000 <180 

Oil Instantaneous ............................................ <210,000 BTU/h ............................................. ........................ ≥4,000 <180 

Electric Instantaneous ..................................... <12 kW ........................................................... ........................ ≥4,000 <180 

Heat Pump a .................................................... <12 kW ........................................................... <120 ........................ <180 

aTo be classified as residential, heat pump water heaters must also not exceed a current rating 24 A or 250 V. 

C. Rulemaking Process 

In addition to the specific statutory 

criteria discussed in section I.A that 

DOE must follow in prescribing 

amended standards for covered 

equipment, DOE uses a specific process 

to assess the appropriateness of 

amending the standards that are 

currently in place for a given type of 

equipment. For commercial water 

heating equipment, DOE plans to 

conduct its analyses in stages, with a 

positive result leading to a subsequent 

stage of the analysis. Under this 

approach, DOE will first evaluate 

whether more-stringent standards are 

technologically feasible and whether 

such standards would result in 

significant additional energy savings. If 

either of these criteria is not met, DOE 

will conduct no further analysis, 

because the statutory criteria for 

adoption of the more-stringent standard 

could not be met. However, if this initial 

assessment is positive, DOE will 

conduct in-depth technical analyses of 

the costs and benefits of the potential 

amended standards to determine 

whether such amended standards would 

be economically justified. The analyses 

undertaken at this stage would include: 

(1) Engineering analysis; (2) energy use 

analysis; (3) markups analysis; (4) lifecycle cost and payback period analysis; 

and (5) national impacts analysis. If, 

after conducting those analyses, DOE 

determines that there is a high 

likelihood that more-stringent standards 

would be economically justified, DOE 

will conduct downstream analyses 

including: (1) Manufacturer impacts 

analysis; (2) emission impacts analysis; 

(3) utility impacts analysis; (4) 

employment impacts analysis; and (5) 

regulatory impacts analysis. DOE will 

also conduct several other analyses that 

support those previously listed, 

including the market and technology 

assessment, the screening analysis 

(which contributes to the engineering 

analysis), and the shipments analysis 

(which contributes to the national 

impact analysis). As detailed throughout 

this RFI, DOE is publishing this notice 

as the first step in the analytical process 

and is requesting input and data from 

interested parties to aid in the 

development of the technical analyses. 

DOE anticipates moving from this RFI 

directly to publication of either a 

determination that the commercial 

water heating equipment standards do 

not need to be amended or a notice of 

proposed rulemaking for amended 

standards. 

II. Planned Rulemaking Analyses 

In this section, DOE summarizes the 

rulemaking analyses and identifies a 

number of issues on which it seeks 

input and data in order to aid in the 

development of the technical and 

economic analyses to determine 

whether amended energy conservation 

standards may be warranted. In 

addition, DOE welcomes comments on 

other issues relevant to the conduct of 

this rulemaking that may not 

specifically be identified in this notice. 

A. Test Procedures 

DOE’s existing test procedures for 

commercial water heating equipment 

are specified at 10 CFR 431.106, and 

reference ANSI Z21.10.3–2011. The test 

procedures provide methods for 

determining the thermal efficiency and 

standby loss of gas-fired, oil-fired, and 

electric storage and instantaneous water 

heaters. AEMTCA amended EPCA to 

require that DOE publish a final rule 

establishing a uniform efficiency 

descriptor and accompanying test 

methods for covered residential water 

heaters and commercial water heating 

equipment by December 18, 2013 (i.e., 

within one year of the enactment of 

AEMTCA). (42 U.S.C. 6295(e)(5)(B)) The 

final rule must replace the current 

energy factor (for residential water 

heaters) and thermal efficiency and 

standby loss (for commercial water 

heaters) metrics with a uniform 

efficiency descriptor. (42 U.S.C. 

6295(e)(5)(C)) AEMTCA allowed DOE to 

provide an exclusion from the uniform 

efficiency descriptor for specific 

categories of otherwise 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 a final rule for test 

procedures for residential water heaters 

and certain commercial water heaters on 

July 11, 2014 that, among other things, 

established the Uniform Energy Factor 

(UEF), a revised version of the current 

residential Energy Factor metric, as the 

uniform efficiency descriptor required 

by AEMTCA. 79 FR 40542. The uniform 

efficiency descriptor only applies to 

commercial water heaters that meet the 

definition of ‘‘residential-duty 

commercial water heater,’’ which is 

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Federal Register / Vol. 79, No. 203 / Tuesday, October 21, 2014 / Proposed Rules 62903 

defined as any gas-fired, electric, or oil 

storage or instantaneous commercial 

water heater that meets the following 

conditions: 

(1) For models requiring electricity, 

uses single-phase external power 

supply; 

(2) Is not designed to provide outlet 

hot water at temperatures greater than 

180 °F; and 

(3) Is not excluded by any of the 

specified limitations regarding rated 

input and storage volume established in 

Table 3 (below). Id. at 40546 

The input and volume limitations for 

the definition of a residential-duty 

commercial water heater are shown 

below by equipment class. 

TABLE 3—CLASSIFICATION OF RESIDENTIAL-DUTY COMMERCIAL WATER HEATING EQUIPMENT

Water heater type Indicator of non-residential application 

Gas-fired Storage ..................................................................... Rated input >105 kBtu/h; Rated storage volume >120 gallons. 

Oil-fired Storage ....................................................................... Rated input >140 kBtu/h; Rated storage volume >120 gallons. 

Electric Storage ........................................................................ Rated input >12 kW; Rated storage volume >120 gallons. 

Heat Pump with Storage .......................................................... Rated input >12 kW; Rated current >24 A at a rated voltage of not greater than 

250 V; Rated storage volume >120 gallons. 

Gas-fired Instantaneous ........................................................... Rated input >200 kBtu/h; Rated storage volume >2 gallons. 

Electric Instantaneous .............................................................. Rated input >58.6 kW; Rated storage volume >2 gallons. 

Oil-fired Instantaneous ............................................................. Rated input >210 kBtu/h; Rated storage volume >2 gallons. 

Commercial water heaters not meeting 

the definition of residential-duty 

commercial water heater were deemed 

to be sufficiently characterized by the 

current thermal efficiency and standby 

loss metrics. 

This rulemaking, therefore, includes 

commercial water heating equipment 

covered by the uniform efficiency 

descriptor, as well as water heaters that 

will continue to be covered by the 

existing thermal efficiency and standby 

loss metrics. DOE plans to conduct 

analyses for this rulemaking using the 

UEF for residential-duty commercial 

water heaters. For residential-duty 

commercial water heaters, DOE will 

develop a conversion factor (as required 

by AEMTCA) that will be used to 

translate the existing thermal efficiency 

and standby loss ratings into UEF for its 

analyses. The conversion factor will be 

developed as part of a separate 

rulemaking. DOE plans to conduct 

analyses for all other types of 

commercial water heaters (i.e., other 

than the residential-duty commercial 

water heaters) using the existing thermal 

efficiency and standby loss metrics. 

DOE notes that for unfired storage 

tanks, the Federal energy conservation 

standard is expressed as an R-value 

requirement for the tank thermal 

insulation. In an RFI published on 

February 27, 2014 that addresses 

commercial water heater test procedures 

(February 2014 RFI), DOE sought 

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 Rvalue with standby loss or some other 

metric as the energy efficiency metric 

for unfired storage tanks would be 

appropriate. 79 FR 10999. Any amended 

standards for unfired storage tanks for 

this rulemaking will be established in 

the metric chosen in the noted test 

procedure rulemaking. 

Lastly, DOE may consider including 

commercial heat pump water heaters 

within the scope of coverage of this 

rulemaking, as discussed below in 

Section II.B. DOE does not currently 

have a test procedure for determining 

the energy efficiency of commercial heat 

pump water heaters, but may develop a 

procedure as described in the February 

2014 RFI. If DOE ultimately adopts a 

test method for commercial heat pump 

water heaters, then DOE would consider 

those products in the analyses for this 

rulemaking. 

B. Market Assessment 

The market and technology 

assessment provides information about 

the commercial water heating 

equipment industry that will be used 

throughout the rulemaking process. For 

example, this information will be used 

to determine whether the existing 

equipment class structure requires 

modification based on the statutory 

criteria for setting such classes and to 

explore the potential for technological 

improvements in the design and 

manufacturing of such equipment. DOE 

uses qualitative and quantitative 

information to assess the past and 

present industry structure and market 

characteristics. DOE will use existing 

market materials and literature from a 

variety of sources, including industry 

publications, trade journals, government 

agencies, and trade organizations. DOE 

will also consider conducting 

interviews with manufacturers to assess 

the overall market for commercial water 

heating equipment. 

The current equipment classes as 

established in the Code of Federal 

Regulations (CFR) for commercial water 

heaters are characterized by energy 

source, equipment type (i.e., storage vs. 

instantaneous and hot water supply 

boilers), and size (i.e., input capacity 

rating and rated storage volume). 

Unfired hot water storage tanks are also 

included in a separate equipment class. 

As a starting point, DOE plans to use the 

existing equipment class structure 

which divides commercial water 

heating equipment into the equipment 

classes as shown in the table in 10 CFR 

431.110 and summarized below in 

Table 4. 

TABLE 4—EQUIPMENT CLASSES FOR COMMERCIAL WATER HEATING EQUIPMENT

Equipment Size 

Electric storage water heaters .................................................................................................................................................... All. 

Gas-fired storage water heaters ................................................................................................................................................. ≤155,000 Btu/h. 

>155,000 Btu/h. 

Oil-fired storage water heaters .................................................................................................................................................... ≤155,000 Btu/h. 

>155,000 Btu/h. 

Gas-fired instantaneous water heaters and hot water supply boilers ........................................................................................ <10 gal. 

≥10 gal. 

Oil-fired instantaneous water heaters and hot water supply boilers .......................................................................................... <10 gal. 

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5A commercial integrated heat pump water 

heater is an integrated heat pump water heater that 

surpasses any of the limitations for heat pump 

water heaters expressed in Table 2. 

6This includes increasing jacket insulation, 

insulating the tank bottom or using a plastic tank 

(electric only), advanced insulation types, foam 

insulation, and pipe and fitting insulation. 

7This includes storage, instantaneous, and hybrid 

heaters, as well as pulse combustion. 

8This includes using high-efficiency flue baffles, 

multiple flues, submerged combustion chambers, 

and optimized flue geometry. 

9This includes absorption heat pump water 

heaters, carbon dioxide heat pump water heaters, 

advanced compressors, and using centrifugal fans. 

10This includes incorporating timer controls, 

modulating controls, and intelligent and wireless 

controls and communication. 

11This includes incorporating variable firing-rate 

burners, low-stage firing burners, and modulating 

burners. 

TABLE 4—EQUIPMENT CLASSES FOR COMMERCIAL WATER HEATING EQUIPMENT—Continued 

Equipment Size 

≥10 gal. 

Unfired hot water storage tank .................................................................................................................................................... All. 

DOE plans to create separate 

equipment classes for residential-duty 

commercial water heaters, as 

residential-duty commercial water 

heaters will use a different metric for 

energy conservation standards (see 

section II.A). DOE will consider 

additional equipment classes for 

capacities or other performance-related 

features which inherently affect 

efficiency and justify the establishment 

of a different energy conservation 

standard. DOE will also consider 

consolidating equipment classes, if 

warranted. DOE notes that both gas-fired 

and oil-fired storage water heaters are 

divided into equipment classes for 

equipment with an input capacity at or 

below 155,000 Btu/h and equipment 

with an input capacity above 155,000 

Btu/h. However, as shown in Table 1, 

the current energy conservation 

standard levels are identical for both 

equipment classes. DOE may consider 

consolidating these equipment classes 

to remove the input capacity 

designations, if appropriate. 

DOE may also expand the scope of 

this rulemaking to include covered 

equipment that is not currently 

regulated, such as electric instantaneous 

water heaters or commercial heat pump 

water heaters, and may consider 

separate product classes for such 

equipment. DOE notes that EPCA 

defines ‘‘commercial instantaneous 

water heaters’’ as water heaters with an 

input rating of at least 4,000 Btu/h per 

gallon of stored water. (42 U.S.C. 

6311(12)(B)) DOE believes this 

definition could include both 

commercial electric instantaneous water 

heaters and commercial electric add-on 

heat pump water heaters. Commercial 

electric heat pump water heaters may 

include both units that do not contain 

any storage volume and can be 

externally connected to a storage tank or 

tank water heater (i.e., add-on type) and 

units that contain an integrated heat 

pump and storage tank (i.e., integrated 

type). DOE is not aware of any 

integrated type commercial heat pump 

water heaters currently on the market 

but may consider their inclusion due to 

their possible development in the 

future.5 However, any such units would 

be classified as commercial electric 

storage water heaters. Commercial addon electric heat pump water heaters may 

also extract heat for water heating from 

either air (air-source) or water (watersource), both of which DOE could 

consider for new efficiency standards. 

If appropriate, DOE may also consider 

establishing efficiency standards 

separately for electric instantaneous 

water heaters using electric resistance 

heat. However, DOE notes that the 

thermal efficiency of electric 

instantaneous water heaters is already 

nearly 100 percent due to the high 

efficiency of electric resistance heating 

elements, and that a thermal efficiency 

standard may be unnecessary. 

Issue 1: DOE requests feedback on the 

current equipment classes and seeks 

information regarding other equipment 

classes it should consider for inclusion 

in its analysis. 

Issue 2: DOE requests comment on 

whether the 155,000 Btu/h input 

capacity divisions in the current 

equipment classes for gas-fired and oilfired storage water heaters are 

necessary. 

Issue 3: DOE seeks comment on 

whether to include commercial electric 

instantaneous water heaters and/or 

commercial heat pump water heaters in 

the scope of this rulemaking. 

Issue 4: DOE seeks comment on 

whether to include both add-on and 

integrated commercial heat pump water 

heater types in the scope of this 

rulemaking. 

Issue 5: DOE seeks comment on 

whether to include both air-source and 

water-source commercial heat pump 

water heater types in the scope of this 

rulemaking. 

C. Technology Options for 

Consideration 

DOE uses information about existing 

and past technology options and 

prototype designs to help identify 

technologies that manufacturers could 

use to meet and/or exceed energy 

conservation standards. In consultation 

with interested parties, DOE intends to 

develop a list of technologies to 

consider in its analysis. Initially, this 

list will include all those technologies 

considered to be technologically feasible 

and will serve to establish the maximum 

technologically feasible design. DOE is 

currently considering the specific 

technologies and design options listed 

below. 

• Heat traps 

• Improved insulation 6

• Power and direct venting 

• Fully condensing technology 7

• Improved flue design 8

• Sidearm heating and two-phase 

thermosiphon technology 

• Electronic ignition systems 

• Improved heat pump water heaters 9

• Thermophotovoltaic and 

thermoelectric generators 

• Improved controls 10

• Self-cleaning 

• Improved burners 11

Issue 6: DOE seeks information 

related to these or other efficiencyimproving technologies. Specifically, 

DOE is interested in comments 

regarding their applicability to the 

current market and how these 

technologies improve efficiency of 

commercial water heating equipment. 

D. Engineering Analysis 

The engineering analysis estimates 

the cost-efficiency relationship of 

equipment at different levels of 

increased energy efficiency. This 

relationship serves as the basis for the 

cost-benefit calculations for commercial 

customers, manufacturers, and the 

nation. In determining the costefficiency relationship, DOE will 

estimate the increase in manufacturer 

cost associated with increasing the 

efficiency of equipment above the 

baseline to the maximum 

technologically feasible (‘‘max-tech’’) 

efficiency level for each equipment 

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class. The baseline model is used as a 

reference point for each equipment class 

in the engineering analysis and the lifecycle cost and payback-period analyses. 

DOE considers equipment that just 

meets the current minimum energy 

conservation standard as baseline 

equipment. For equipment that does not 

have an existing minimum energy 

conservation standard, DOE considers 

the least efficient equipment on the 

market as baseline equipment. DOE will 

establish a baseline for each equipment 

class using the applicable metric(s): 

Thermal Efficiency and Standby Loss, or 

Uniform Energy Factor. 

Issue 7: DOE requests comment on 

approaches that it should consider 

when determining a baseline for 

equipment classes being transitioned to 

the uniform descriptor, including 

information regarding the merits and/or 

deficiencies of such approaches. 

Issue 8: DOE requests information on 

max-tech efficiency levels achievable in 

the current market and associated 

technologies. 

In order to create the cost-efficiency 

relationship, DOE anticipates that it will 

structure its engineering analysis using 

both a reverse-engineering (or costassessment) and catalog teardown 

approach. A reverse-engineering or costassessment approach relies on a 

teardown analysis of representative 

units at the baseline efficiency level and 

higher efficiency levels up to the 

maximum technologically feasible 

designs. A teardown analysis (or 

physical teardown) determines the 

production cost of a piece of equipment 

by disassembling the equipment ‘‘pieceby-piece’’ and estimating the material 

and labor cost of each component. A 

catalog teardown approach uses 

published manufacturer catalogs and 

supplementary component data to 

estimate the major physical differences 

between a piece of equipment that has 

been physically disassembled and 

another piece of similar equipment. 

These two methods would be used 

together to help DOE estimate the 

manufacturer production cost of 

equipment at various efficiency levels. 

Issue 9: DOE requests feedback on the 

planned approach for the engineering 

analysis and on the appropriate 

representative capacities and 

characteristics for each equipment class. 

1. Analyzing Standby Loss Standards 

For each equipment class examined, 

the baseline, or current standard is 

determined, and then several 

intermediate efficiency levels are 

analyzed incrementally up to the maxtech level, which corresponds to the 

most efficient unit on the market. For 

the analysis of amended thermal 

efficiency standards and uniform 

efficiency descriptor standards, DOE 

expects this will be a straightforward 

process. However, selecting efficiency 

levels for analysis of amended standby 

loss (SL) standards for gas and oil 

storage heaters is more complex for 

several reasons. 

First, the standard for standby loss 

(BTU/hr) oil and gas storage water 

heaters is a multivariable equation 

depending upon both rated input (Q, 

BTU/hr) and volume (V, gal), as shown 

below. 

As discussed later in this section, DOE 

plans to analyze representative units for 

the engineering analysis that have the 

most common attributes of a given 

equipment class. As a result, DOE will 

select equipment for analysis with 

storage volumes and input ratings at 

discrete representative values within the 

range of products available on the 

market. DOE will then need to expand 

its analysis of efficiency levels at the 

representative volume(s) and input(s) 

for the market, and these levels must be 

extrapolated to apply to the range of 

volumes and inputs covered by the 

standard. Because the current standard 

depends on both volume and input 

without an intercept, it is only possible 

to change the slopes for each variable 

when modifying the standard to fit the 

analyzed efficiency levels. This could be 

undesirable if shifting the standard up 

or down (maintaining the slopes) would 

better fit the distribution of units 

outside the representative input and 

volume. Analysis performed thus far by 

DOE using an approach of varying the 

volume slope to change the relationship 

between SL and input for units at the 

representative volume appears to yield 

viable results. 

One method to avoid issues stemming 

from adjusting a multi-variable standard 

is to remove one of the variables from 

the equation and establish discrete bins 

for that variable. Within each of these 

bins, the SL standard would be a singlevariable equation, allowing for 

manipulation of either the slope or 

intercept. While bins could be created 

for input or volume, preliminary 

analysis indicates that creating bins for 

volume with standards based on input 

within each bin would yield better 

trends for establishing new standard 

levels. 

Issue 10: DOE requests comment on 

approaches to selecting efficiency levels 

for its analysis of amended SL energy 

conservation standards for gas and oil 

storage heaters, including the possibility 

of establishing discrete bins for one of 

the variables and establishing SL 

standards based on one instead of two 

variables. 

The second issue is that the SL is 

calculated using the amount of fuel 

consumed over a given time period, and 

therefore the heat loss as measured in 

the SL is partially dependent on the 

thermal efficiency (TE) of the water 

heater. Because TE for commercial gas 

storage heaters can vary from 80–99%, 

TE can account for a difference of up to 

19% of SL values (only 4% for oil 

storage heaters). Removing this 

dependency on TE would allow more 

accurate and representative standards 

for non-condensing and condensing 

water heaters. DOE notes that 

preliminary analysis has shown a large 

discrepancy in SL range for noncondensing and condensing water 

heaters; condensing water heater have 

units with values in a similar range to 

non-condensing models, but the range 

also extends to much lower SL values. 

Further analysis is required to 

determine to what degree the 

technologies that allow these 

significantly lower values are inherent 

to condensing heaters (i.e. less heat lost 

in flue due to condensation), as 

otherwise these technologies could be 

considered for non-condensing units as 

well. One possible way to mitigate the 

impact of TE on SL would be to 

incorporate the thermal efficiency into 

the standby loss standard, as a third 

variable. Another approach would be to 

analyze SL levels for condensing (92– 

99% TE) and non-condensing (80–84% 

TE) gas storage models separately, so 

that non-condensing models have a 

proportionately less strict standard, 

accounting for the lower average TE. 

Issue 11: DOE requests comment 

whether to account for the impact of 

thermal efficiency on standby loss and 

on approaches to separate the effect of 

thermal efficiency from standby loss for 

gas storage heaters. This includes the 

possibility of separate standards for 

non-condensing and condensing units, 

as well as adding thermal efficiency to 

the current SL standard. 

E. Markups Analysis 

To carry out the life-cycle cost (LCC) 

and payback period (PBP) calculations, 

DOE needs to determine the cost to the 

commercial customer of baseline 

equipment that satisfies the currently 

applicable standards, and the cost of the 

more-efficient unit the customer would 

purchase under potential amended 

standards. This is done by applying a 

markup multiplier to the manufacturer’s 


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12Heating, Air Conditioning & Refrigeration 

Distributors International 2013 Profit Report, 

(Available at: http://www.hardinet.org/ProfitReport) (Last accessed July 8, 2014). 

13Air Conditioning Contractors of America 

(ACCA), Financial Analysis for the HVACR 

Contracting Industry: 2005, (Available at: https://

http://www.acca.org/store/product.php?pid=142) 

(Last accessed April 10, 2013). 

14U.S. Census Bureau, 2007 Economic Census 

Data. (2007) (Available at: http://www.census.gov/

econ/) (Last accessed April 10, 2013). 

15Energy Information Administration (EIA). 2003 

Commercial Building Energy Consumption Survey 

(CBECS). (Available at: http://www.eia.gov/

consumption/commercial/) (Last accessed April 10, 

2013). Note CBECS 2012 building characteristics 

have been released in preliminary form by EIA and 

will be reviewed for possible incorporation into this 

analysis, however, the full release of CBECS 2012 

data is not expected until winter 2015. 

16Energy Information Administration (EIA). 2009 

Residential Energy Consumption Survey (RECS). 

(Available at: http://www.eia.gov/consumption/

residential/) (Last accessed April 10, 2013). 

17Neither CBECS nor RECS provide data on 

whether the water heater used in the building is a 

commercial water heater covered in this rulemaking 

(i.e., water heating could also be provided by a 

commercial boiler, residential boiler, or residential 

water heater). Therefore, DOE intends to develop a 

methodology for adjusting its building sample to 

reflect buildings that use a commercial water heater 

covered in this rulemaking. 

18American Society of Heating, Refrigerating and 

Air-Conditioning Engineers, Inc. (ASHRAE). 

ASHRAE Handbook of HVAC Applications: Chapter 

50 (Service Water Heating) (2011) pgs. 50.1 to 50.32. 

19Electric Power Research Institute (EPRI). 

Commercial Water Heating Applications Handbook. 

(1992) CU–6666. 

20National Renewable Energy Laboratory (NREL). 

U.S. Department of Energy Commercial Reference 

Building Models of the National Building Stock. 

February 2011. (Available at: http://www.nrel.gov/

docs/fy11osti/46861.pdf) (Last accessed April 10, 

2013). 

21Huang, J., Akbari, H., Rainer, L, Ritschard, R. 

481 Prototypical Commercial Buildings for 20 

Urban Market Areas, LBL–29798, April 1991 

(Available at: https://publications.lbl.gov/islandora/ 

object/ir%3A94368) (Last accessed October 03, 

2014). 

selling price to estimate the commercial 

customer’s price. 

Markups depends on the distribution 

channels for a product (i.e., how the 

equipment passes from the 

manufacturer to the customer). For 

commercial water heating equipment, 

various distribution channels are 

characterized. 

Two different markets exist for 

commercial water heating systems: (1) 

New construction and (2) replacements. 

DOE plans to characterize the 

replacement distribution channels for 

commercial water heating systems as 

follows: 

Manufacturer → Wholesaler → 

Mechanical contractor → Customer 

In the case of new construction, DOE 

plans to characterize the distribution 

channel as follows: 

Manufacturer → Wholesaler → 

Mechanical contractor → General 

contractor → Customer 

In addition, DOE plans to consider 

distribution channels where the 

manufacturer sells the equipment 

directly to a commercial consumer 

through a national account or the 

commercial consumer purchases the 

equipment directly through a 

wholesaler as follows: 

Manufacturer → Wholesaler → 

Customer 

or 

Manufacturer → Customer 

The latter channels reflect those cases 

where the installation can be 

accomplished by site personnel. 

DOE also plans to consider cases 

when the contractor’s sale of the 

equipment includes a start-up/check-out 

contract, in which cases the equipment 

markup is included in the contract 

costs. 

Issue 12: DOE seeks input from 

stakeholders on whether the 

distribution channels described above 

are appropriate for commercial water 

heaters and are sufficient to describe the 

distribution market. 

Issue 13: DOE seeks input on the 

percentage of equipment being 

distributed through the different 

distribution channels, and whether the 

share of equipment through each 

channel varies based on equipment 

capacity or water heater class. 

To develop markups for the parties 

involved in the distribution of the 

equipment, DOE would utilize several 

sources including: (1) The Heating, AirConditioning & Refrigeration 

Distributors International (HARDI) 2013 

Profit Report 12 to develop wholesaler 

markups, (2) the 2005 Air Conditioning 

Contractors of America’s (ACCA) 

financial analysis for the heating, 

ventilation, air-conditioning, and 

refrigeration (HVACR) contracting 

industry 13 to develop mechanical 

contractor markups, and (3) U.S. Census 

Bureau’s 2007 Economic Census data 14

for the commercial and institutional 

building construction industry to 

develop general contractor markups. 

Issue 14: DOE seeks recent data and 

recommendations regarding data 

sources to establish the markups for the 

parties involved with the distribution of 

the equipment. 

F. Energy Use Analysis 

The purpose of the energy use 

analysis is to assess the energy 

requirements of commercial water 

heating products described in the 

engineering analysis for a representative 

sample of building types that utilize the 

product, and to assess the energysavings potential of increased product 

efficiencies. DOE uses the annual energy 

consumption and energy-savings 

potential in the LCC and PBP analysis 

to establish the operating costs savings 

at various product efficiency levels. 

DOE will estimate the annual energy 

consumption of commercial water 

heaters at specified energy efficiency 

levels across a range of applications, 

building types, and climate zones. The 

annual energy consumption includes 

use of natural gas, liquefied petroleum 

gas (LPG), oil, or electricity for hot water 

production, as well as use of electricity 

for the auxiliary components. 

DOE intends to base the energy use 

analysis on building characteristics from 

the Energy Information Administration’s 

(EIA) 2003 Commercial Building Energy 

Consumption Survey (CBECS) 15 for the 

subset of building types that use the 

type of commercial water heating 

equipment covered by the standards. 

DOE also plans to look at the use of 

commercial water heaters in residential 

applications, such as multi-family 

buildings. Therefore, DOE plans to 

include characteristics from EIA’s 2009 

Residential Energy Consumption Survey 

(RECS) 16 for the subset of building 

types in RECS that use commercial 

water heating equipment covered by 

this standard. 

Both CBECS and RECS survey data 

include information on the physical 

characteristics of building units, water 

heating equipment used, fuels used, 

energy consumption and expenditures, 

and other building characteristics.17

DOE will also consult the American 

Society of Heating, Refrigerating and 

Air-Conditioning Engineers 

(ASHRAE) 18 and Electric Power 

Research Institute (EPRI) 19 handbooks, 

which contain data on the typical types 

and sizes (both input capacity and rated 

volume) of commercial water heaters 

used for different building types and 

applications, and can be used to 

compare to, supplement, and 

corroborate the CBECS and RECS data. 

Based on these data, DOE will develop 

a representative population of buildings 

for each commercial water heater 

equipment class. 

Based on the data in the ASHRAE and 

EPRI Handbooks, as well as data from 

National Renewable Energy Laboratory 

(NREL),20 and Lawrence Berkeley 

National Laboratory (LBNL) 21 regarding 

typical energy use profiles and other 

commercial building usage 

characteristics, DOE will develop 

representative hot water usage, water 

heating usage profile, water volumetric 

loads, and hot water usage temperatures 

for various applications for each 

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22For more information on NEMS, refer to the 

U.S. Department of Energy, Energy Information 

Administration (EIA) documentation. A useful 

summary is National Energy Modeling System: An 

Overview 2003, DOE/EIA–0581 (2003). Each year, 

EIA uses NEMS to produce an energy forecast for 

the United States, the Annual Energy Outlook 

(AEO). For this analysis, DOE intends to use the 

version of NEMS based on AEO 2013. (Available at: 

http://www.eia.gov/forecasts/aeo/). 

23Bonneville Power Administration. End-Use 

Load and Consumer Assessment Program (ELCAP) 

Data from 1986 to 1989. 2012. (Available at: 

http://rtf.nwcouncil.org/ELCAP/) (Last accessed 

April 10, 2013). 

24Northwest Energy Efficiency Alliance (NEEA). 

Commercial Building Stock Assessment. 2009. 

(Available at: http://neea.org/resource-center/

regional-data-resources/commercial-building-stockassessment) (Last accessed April 10, 2013). 

25 DOE plans to utilize the building types defined 

in CBECS 2003 as well as residential buildings that 

use commercial water heaters such as multi-family 

buildings. Definitions of CBECS building types can 

be found at http://www.eia.gov/emeu/cbecs/

building_types.html. 

26RS Means. 2014 Mechanical Cost Data. 

(Available at: http://

rsmeans.reedconstructiondata.com/60023.aspx) 

(Last accessed April 10, 2014). 

27Energy Information Administration (EIA), 

Survey form EIA–861—Annual Electric Power 

Continued 

commercial water heater and building 

type combination being analyzed. This 

approach will capture the variability in 

water heating use due to factors such as 

building activity, schedule, occupancy, 

water supply temperature, tank losses, 

cycling losses, and distribution system 

piping losses. 

DOE plans to consider market changes 

or future efficiency standards in 

equipment technologies that reduce 

water heating loads in commercial 

applications, such as more efficient 

commercial dishwashers and 

commercial clothes washers. In 

addition, DOE intends to review other 

data sets (e.g., the technology 

penetration curves used in the National 

Energy Modeling System (NEMS),22

data from the End-Use Load and 

Consumer Assessment Program 

(ELCAP),23 and 2009 Commercial 

Building Stock Assessment for the 

Northwest),24 to determine whether a 

significant fraction of the current 

building population is not represented 

by CBECS 2003. 

Issue 15: DOE requests comment on 

the overall method to determine water 

heating energy use and if other factors 

should be considered in developing the 

energy use or energy use methodology. 

Issue 16: DOE seeks input on the 

current distribution of equipment 

efficiencies in the building population 

for different equipment classes. 

Issue 17: DOE seeks input on typical 

types and sizes (including fuel type, 

input capacity and rated volume) of 

commercial water heaters, including gas 

condensing and heat pump water 

heaters, used for different building types 

and applications. 

Issue 18: DOE seeks input on 

representative hot water usage, water 

heating usage profile, water volumetric 

load profiles or aggregate loads, and 

representative hot water usage 

temperatures for various commercial 

water heater applications. 

Issue 19: DOE seeks input and sources 

of data or recommendations for tools to 

support sizing of water heater typical 

commercial water heater and 

multifamily residential applications. 

Issue 20: DOE seeks input on the 

fraction and types of buildings that use 

recirculation loops associated with 

commercial water heaters and the 

impact of recirculation loops on water 

heater performance. 

Issue 21: DOE requests comment on 

the fraction of commercial or residential 

boilers used in commercial water 

heating applications. 

Issue 22: DOE requests comment on 

the fraction and classes of commercial 

water heaters which are used in 

residential-duty applications as well as 

other commercial water heaters that 

may serve residential multi-family 

buildings. DOE also requests input on 

the fraction of residential water heaters 

that are used for commercial 

applications. 

G. Life-Cycle Cost and Payback Period 

Analysis 

The purpose of the LCC and PBP 

analysis is to analyze the effects of 

potential amended energy conservation 

standards on customers of commercial 

water heater equipment by determining 

how a potential amended standard 

affects their operating expenses (usually 

decreased) and their total installed costs 

(usually increased). 

DOE intends to analyze the potential 

for variability by performing the LCC 

and PBP calculations on a 

representative sample of individual 

commercial buildings. DOE plans to 

utilize the sample of buildings 

developed for the energy use analysis 

and the corresponding simulations 

results.25 Within a given building, one 

or more commercial water heater units 

may serve the building’s water heating 

needs, depending on the hot water 

requirements of the building. As a 

result, DOE intends to express the LCC 

and PBP results for each of the 

individual commercial water heaters 

installed in the building. DOE plans to 

model uncertainty in many of the inputs 

to the LCC and PBP analysis using 

Monte Carlo simulation and probability 

distributions. As a result, the LCC and 

PBP results will be displayed as 

distributions of impacts compared to the 

base case (without amended standards) 

conditions. 

Issue 23: DOE requests comment on 

the overall method that it intends to use 

to conduct the LCC and PBP analysis for 

commercial water heaters. 

Inputs to the LCC and PBP analysis 

are categorized as: (1) Inputs for 

establishing the purchase expense, 

otherwise known as the total installed 

cost, and (2) inputs for calculating the 

operating expense. 

The primary inputs for establishing 

the total installed cost are the baseline 

customer price, standard-level customer 

price increases, and installation costs. 

Baseline customer prices and standardlevel customer price increases will be 

determined by applying markups to 

manufacturer selling price estimates. 

The installation cost is added to the 

customer price to arrive at a total 

installed cost. DOE intends to develop 

installation costs using the most recent 

RS Means data available. 

Issue 24: DOE seeks input on the 

approach and data sources it intends to 

use to develop installation costs, 

specifically, its intention to use the most 

recent RS Means Mechanical Cost 

Data.26

The primary inputs for calculating the 

operating costs are equipment energy 

consumption and demand, equipment 

efficiency, energy prices and forecasts, 

maintenance and repair costs, 

equipment lifetime, and discount rates. 

Both equipment lifetime and discount 

rates are used to calculate the present 

value of future operating expenses. 

The equipment energy consumption 

is the site energy use associated with 

providing water heating to the building. 

DOE intends to utilize the energy use 

calculation methodology described in 

Section II.F to establish equipment 

energy use. 

DOE will identify an approach to 

account for the gas, propane, oil and 

electricity prices paid by consumers for 

the purposes of calculating operating 

costs, savings, net present value, and 

payback period. DOE intends to 

consider determining gas, oil, and 

electricity prices based on 

geographically available fuel cost data 

such as state level data, with 

consideration for the variation in energy 

costs paid by different building types. 

This approach calculates energy 

expenses based on actual energy prices 

that customers are paying in different 

geographical areas of the country. As a 

potential additional source, DOE may 

consider data to compare provided in 

EIA’s Form 861 data 27 to calculate 

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62908 Federal Register / Vol. 79, No. 203 / Tuesday, October 21, 2014 / Proposed Rules 

Industry Report. (Available at: http://www.eia.gov/ 

electricity/data/eia861/index.html) (Last accessed 

April 15, 2013). 

28Energy Information Administration (EIA), 

Natural Gas Navigator. (Available at: http://

tonto.eia.doe.gov/dnav/ng/ng_pri_sum_dcu_nus_

m.htm) (Last accessed April 15, 2013). 

29Energy Information Administration (EIA), State 

Energy Data System (SEDS). (Available at: http://

www.eia.gov/state/seds/) (Last accessed April 15, 

2013). 

30Energy Information Administration (EIA). 2013 

Annual Energy Outlook (AEO) Full Version. 

(Available at: http://www.eia.gov/forecasts/aeo/). 

(Last accessed April 15, 2013). 

31RS Means. 2013 Facilities Maintenance & 

Repair Cost Data. (Available at: http://

rsmeans.reedconstructiondata.com/60303.aspx) 

(Last accessed April 10, 2013). 

32National Renewable Energy Laboratory (NREL). 

U.S. Department of Energy Commercial Reference 

Building Models of the National Building Stock. 

February 2011. (Available at: http://www.nrel.gov/

docs/fy11osti/46861.pdf) (Last accessed April 10, 

2013). Pg. 38. 

33RS Means. 2013 Facilities Maintenance & 

Repair Cost Data. (Available at: http://

rsmeans.reedconstructiondata.com/60303.aspx) 

(Last accessed April 10, 2013). pgs. 184–188. 

34Mark Ellis & Associates. ‘‘National Appliance 

and Equipment Energy Efficiency Program, 

Analysis of Potential for Minimum Energy 

Performance Standards for Miscellaneous Water 

Heaters. Prepared for the Australian Greenhouse 

Office. (2001) (Available at: 

www.energyrating.com.au/library/pubs/techewhmisc2001.pdf) (Last accessed April 18, 2013). 

35Ryan Firestone and Danielle Gidding. ‘‘Energy 

Savings from Electric Water Heaters in Commercial 

Applications.’’ Prepared for Bonneville Power 

Administration. Prepared by Navigant Consulting 

and Bonneville Power Administration. (Presented 

June 1, 2010) (Available at: rtf.nwcouncil.org/

meetings/2010/0601/

WaterHeatersinCommercialApplications_v05.ppt) 

(Last accessed: April 18. 2013). Slide 31. 

36 Gas Foodservice Equipment Network. ‘‘Straight 

Talk About Tankless Water Heaters, Can They 

Really Keep You in Hot Water?’’ Cooking for Profit. 

(December 15, 2007) (Available at: http://

www.crescentcity-fl.com/Gas%20Documents/

Dec%2007%20GFEN%20%20final_Tankless.pdf) 

(Last accessed: April 18, 2013). 

37Federal Energy Management Program (FEMP). 

FEMP Designated Product: Commercial Gas Water 

Heaters. 2012. (Available at: http://

www1.eere.energy.gov/femp/technologies/eep_com_

gaswaterheaters.html) (Last accessed: April 18, 

2013). 

38Note that for some commercial water heaters 

the usage and application would be similar to a 

residential water heater. For these situations the 

Weibull distribution derived for DOE’s 2010 

residential water heater standards rulemaking could 

be applicable. (More information about the 

derivation the residential water heater lifetime is 

available at: http://www.regulations.gov/

#!docketDetail;D=EERE-2006-STD-0129). 

39 If the data is available, DOE also plans to take 

into account differences in commercial water heater 

lifetime based on usage and application of the water 

heater. 

40Air-Conditioning, Heating, and Refrigeration 

Institute (AHRI). Commercial Storage Water Heaters 

Historical Data: 1992–2011. (Available at: http://

www.ahrinet.org/site/494/Resources/Statistics/

Historical-Data/Commercial-Storage-Water-HeatersHistorical-Data) (Last accessed July 3, 2014). 

commercial electricity prices, EIA’s 

Natural Gas Navigator 28 to calculate 

commercial natural gas prices, and 

EIA’s State Energy Data Systems 

(SEDS) 29 to calculate liquefied 

petroleum gas (LPG) and fuel oil prices. 

Future energy prices will likely be 

projected using trends from the EIA’s 

2013 Annual Energy Outlook (AEO).30

Issue 25: DOE seeks comment and 

sources on its approach for developing 

gas, oil, and electricity prices. 

Maintenance costs are expenses 

associated with ensuring continued 

operation of the covered equipment over 

time. DOE intends to develop 

maintenance costs for its analysis using 

the most recent RS Means data 

available.31 DOE plans also to consider 

the cases when the equipment is 

covered by service and/or maintenance 

agreements. 

Issue 26: DOE seeks input on the 

approach and data sources it intends to 

use to develop maintenance costs, 

specifically, its intention to use the most 

recent RS Means Facilities Maintenance 

& Repair Cost Data, as well as to 

consider the cost of service and/or 

maintenance agreements. 

Repair costs are expenses associated 

with repairing or replacing components 

of the covered equipment that have 

failed. DOE intends to assess whether 

repair costs vary with equipment 

efficiency as part of its analysis. 

Issue 27: DOE seeks comment as to 

whether repair costs vary as a function 

of equipment efficiency. DOE also 

requests any data or information on 

developing repair costs. 

Equipment lifetime is the age at 

which a unit of covered equipment is 

retired from service. The average 

equipment lifetime for commercial 

water heaters is estimated by various 

sources to be between 7 and 25 years 

based on application and equipment 

type.32 33 34 35 36 37 38 Based on these data, 

DOE plans to determine average lifetime 

for each commercial water heater 

product class as the primary input for 

developing a Weibull probability 

distribution to characterize commercial 

water heater lifetime.39

Issue 28: DOE seeks comment on its 

approach of using a Weibull probability 

distribution to characterize equipment 

lifetime. DOE also requests equipment 

lifetime data and information on 

whether equipment lifetime varies 

based on equipment characteristics, 

equipment application, or efficiency 

level considerations. 

The discount rate is the rate at which 

future expenditures are discounted to 

establish their present value. DOE 

intends to derive the discount rates by 

estimating the cost of capital of 

companies that purchase commercial 

water heater equipment. 

DOE’s analysis includes measures of 

LCC and PBP impacts of potential 

standard levels relative to a base case 

that reflects the likely market in the 

absence of amended standards. DOE 

plans to develop market-share efficiency 

data (i.e., the distribution of equipment 

shipments by efficiency) for the 

equipment classes DOE is considering, 

for the year in which compliance with 

any amended standards would be 

required. 

DOE also plans to assess the 

applicability of the ‘‘rebound effect’’ in 

the energy consumption for commercial 

water heaters. A rebound effect occurs 

when a piece of equipment that is made 

more efficient is used more intensively, 

so that the expected energy savings from 

the efficiency improvement may not 

fully materialize. However, at this time, 

DOE is not aware of any information 

about the rebound effect for this 

equipment type. 

Issue 29: DOE requests data on 

current efficiency market shares (of 

shipments) by equipment class, and also 

input on similar historic data. 

Issue 30: DOE also requests 

information on expected future trends 

in efficiency for commercial water 

heaters classes, including the relative 

market share of condensing versus noncondensing equipment in the market in 

the absence of new efficiency standards. 

Issue 31: DOE seeks comments and 

data on any rebound effect that may be 

associated with more efficient 

commercial water heaters. 

H. Shipment Analysis 

DOE uses shipment projections by 

equipment class to calculate the 

national impacts of standards on energy 

consumption, net present value (NPV) 

of customer benefits, and future 

manufacturer cash flows. 

DOE intends to develop a shipments 

model for commercial water heater 

equipment based on historical AHRI 

shipments data for commercial gas and 

electric storage water heaters.40 DOE 

currently does not have any historical 

shipments information for other product 

classes described in the engineering 

analysis. 

Issue 32: DOE seeks historical 

shipments data for commercial water 

heaters by product class, particularly for 

product classes other than commercial 

gas and electric storage water heaters. 

The shipments model will consider 

three market segments: (1) New 

commercial buildings acquiring 

equipment; (2) existing buildings 

replacing old equipment; and (3) 

existing buildings acquiring new 

equipment for the first time. Two stock 

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41U.S. Census Bureau. Statistical Abstract of the 

United States: 2011, Table No 933—Construction 

Contracts—Value of Construction and Floor Space 

of Buildings by Class of Construction. (Available at: 

https://www.census.gov/compendia/statab/2011/

cats/construction_housing/construction_indices_

and_value.html) (Last accessed April 10, 2013). 

42Building Owners and Managers Association 

International (BOMA). Experience Exchange Report 

(2013) (Available at: https://www.bomaeer.com/) 

(Last accessed April 10, 2013). 

43U.S. Department of Labor, Bureau of Labor 

Statistics. Producers Price Index: Industry: 

Refrigeration and Heating Equipment (Available at: 

http://www.bls.gov/ppi/home.htm) (Last accessed 

April 10, 2013). 

categories are also considered: (1) 

Equipment that has received only 

normal maintenance repairs; and (2) 

equipment that has had its useful life 

extended through additional repairs. To 

determine whether a customer would 

choose to repair rather than replace 

their commercial water heater 

equipment, the shipments model 

explicitly accounts for the combined 

effects of changes in purchase price, 

annual operating cost, and the value of 

commercial floor space on the purchase 

versus repair decision. Changes to the 

purchase price and operating costs due 

to amended energy conservation 

standards are the drivers for shipment 

estimates for the standards cases relative 

to the base case (i.e., the case without 

amended standards). 

DOE intends to utilize the U.S. 

Census Bureau data 41 to establish 

historical new construction floor space, 

as well as historical stock floor space. 

The Annual Energy Outlook will be 

used to forecast both new construction 

and stock floor space. Using these and 

historical equipment saturation data 

from CBECS, DOE will estimate 

shipments to the three market segments 

identified above. The utility function to 

estimate the repair versus replacement 

decision will be based on income per 

square foot data from the Building 

Owners and Managers Association 

(BOMA) Commercial Building Survey 

reports,42 equipment purchase price 

index (PPI) data estimated from the 

Bureau of Labor Statistics,43 and 

operating cost data derived from the 

LCC and PBP analysis. 

Issue 33: DOE seeks input on the 

approach and data sources it intends to 

use in developing the shipments model 

and shipments forecasts for this 

analysis. 

I. National Impact Analysis 

The purpose of the national impact 

analysis (NIA) is to estimate aggregate 

impacts of potential energy conservation 

standards at the national level. Impacts 

that DOE reports include the national 

energy savings (NES) from potential 

standards and the net present value 

(NPV) of the total customer benefits. 

To develop the NES, DOE calculates 

annual energy consumption for the base 

case and the standards cases. DOE 

calculates the annual energy 

consumption using per-unit annual 

energy use data multiplied by projected 

shipments. 

To develop the NPV of customer 

benefits from potential energy 

conservation standards, DOE calculates 

annual energy expenditures and annual 

equipment expenditures for the base 

case and the standards cases. DOE 

calculates annual energy expenditures 

from annual energy consumption by 

incorporating projected energy prices. 

DOE calculates annual equipment 

expenditures by multiplying the price 

per unit times the projected shipments. 

The difference each year between 

energy bill savings, increased 

maintenance and repair costs, and 

increased equipment expenditures is the 

net savings or net costs. 

A key component of DOE’s estimates 

of NES and NPV are the equipment 

energy efficiencies forecasted over time 

for the base case and for each of the 

standards cases. For the base case trend, 

DOE will consider whether historical 

data show any trend and whether any 

trend can be reasonably extrapolated 

beyond current efficiency levels. In 

particular, DOE is interested in 

historical and future shipments of 

equipment with step changes in 

efficiency, such as condensing gas 

equipment or HPWHs. 

Issue 34: DOE requests comment and 

any available data on historical, current, 

and future market share of equipment 

with step changes in efficiency, such as 

gas condensing equipment and HPWHs, 

as compared to less efficient equipment, 

such as non-condensing gas water 

heaters and electric water heaters, 

respectively, for each equipment class. 

For the various standards cases, to 

estimate the impact that amended 

energy conservation standards may have 

in the year compliance becomes 

required, DOE would likely use a ‘‘rollup’’ scenario. Under the ‘‘roll-up’’ 

scenario, DOE assumes: (1) Equipment 

efficiencies in the base case that do not 

meet the new or amended standard level 

under consideration would ‘‘roll up’’ to 

meet that standard level; and (2) 

equipment shipments at efficiencies 

above the standard level under 

consideration would not be affected. 

After DOE establishes the efficiency 

distribution for the assumed compliance 

date of a standard, it may consider 

future projected efficiency growth using 

available trend data. 

DOE intends to determine whether 

there is a rebound effect associated with 

more efficient commercial water 

heaters. If data indicate that there is a 

rebound effect, DOE will account for the 

rebound effect in its calculation of NES. 

III. Public Participation 

DOE will accept comments, data, and 

information regarding this RFI and other 

matters relevant to DOE’s consideration 

of amended energy conservations 

standard for commercial water heating 

equipment 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 

NOPR for commercial water heating 

equipment if DOE decides to amend the 

standards for commercial water heaters. 

Instructions: All submissions received 

must be identified by docket number 

EERE–2014–BT–STD–0042 and/or 

regulatory identification number (RIN) 

1904–AD34. No telefacsimilies (faxes) 

will be accepted. 

Docket: The docket is available for 

review at www.regulations.gov, 

including Federal Register notices, 

public meeting attendees’ lists and 

transcripts, 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-STD0042. 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 information on how to submit a 

comment, review other public 

comments and the docket, or participate 

in the public meeting, contact Ms. 

Brenda Edwards at (202) 586–2945 or by 

email: Brenda.Edwards@ee.doe.gov. 

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 

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62910 Federal Register / Vol. 79, No. 203 / Tuesday, October 21, 2014 / Proposed Rules 

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. 

Issued in Washington, DC, on October 10, 

2014. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

[FR Doc. 2014–24983 Filed 10–20–14; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

10 CFR Part 431 

[Docket Number EERE–2010–BT–STD– 

0043] 

RIN 1904–AC36 

Energy Conservation Program: Energy 

Conservation Standards for HighIntensity Discharge Lamps 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of proposed 

determination (NOPD). 

SUMMARY: The Energy Policy and 

Conservation Act of 1975 (EPCA), as 

amended, requires DOE to prescribe test 

procedures and energy conservation 

standards for high-intensity discharge 

(HID) lamps for which it has determined 

that standards would be technologically 

feasible and economically justified, and 

would result in significant energy 

savings. In this notice, DOE proposes to 

determine that energy conservation 

standards for high-intensity discharge 

(HID) lamps do not meet these criteria. 

DATES: DOE will accept comments, data, 

and information regarding this NOPD no 

later than December 22, 2014. Interested 

parties may further request, no later 

than November 5, 2014, a public 

meeting to discuss this NOPD. See 

section VII Public Participation for 

details. 

ADDRESSES: Any comments submitted 

must identify the NOPD for Energy 

Conservation Standards for HighIntensity Discharge Lamps and provide 

docket number EE–2010–BT–STD–0043 

and/or regulatory information number 

(RIN) 1904–AC36. Comments may be 

submitted using any of the following 

methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the 

instructions for submitting comments. 

2. Email: HIDLamps-2010-STD0043@ee.doe.gov. Include the docket 

number and/or RIN in the subject line 

of the message. 

3. Mail: Ms. Brenda Edwards, U.S. 

Department of Energy, Building 

Technologies Program, Mailstop EE–2J, 

1000 Independence Avenue SW., 

Washington, DC 20585–0121. If 

possible, please submit all items on a 

CD. It is not necessary to include 

printed copies. 

4. Hand Delivery/Courier: Ms. Brenda 

Edwards, U.S. Department of Energy, 

Building Technologies Program, 950 

L’Enfant Plaza SW., Suite 600, 

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. 

For detailed instructions on 

submitting comments and additional 

information on the rulemaking process, 

see section VII of this document (Public 

Participation). 

Docket: The docket is available for 

review at www.regulations.gov, 

including Federal Register notices, 

framework documents, public meeting 

attendee lists and transcripts, 

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. 

The docket Web page can be found at: 

http://www1.eere.energy.gov/buildings/

appliance_standards/rulemaking.aspx/

ruleid/23. This Web page contains a link 

to the docket for this notice on the 

regulations.gov site. The regulations.gov 

Web page contains simple instructions 

on how to access all documents, 

including public comments, in the 

docket. See section VII for further 

information on how to submit 

comments through 

www.regulations.gov. 

For further information on how to 

submit a comment or review other 

public comments and the docket, 

contact Ms. Brenda Edwards at (202) 

586–2945 or by email: Brenda.

Edwards@ee.doe.gov. 

FOR FURTHER INFORMATION CONTACT: 

Ms. Lucy deButts, 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) 287–1604. Email: 

high_intensity_discharge_lamps@ee.

doe.gov. 

Ms. Elizabeth Kohl, U.S. Department of 

Energy, Office of the General Counsel, 

GC–71, 1000 Independence Avenue 

SW., Washington, DC 20585–0121. 

Telephone: (202) 586–7796. Email: 

elizabeth.kohl@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Summary of the Proposed Determination 

A. Legal Authority 

B. Background 

1. Current Standards 

2. History of Standards Rulemaking for 

High-Intensity Discharge Lamps 

3. Changes From the 2010 Determination 

a. Color 

b. Replacement Options 

c. Shipments 

d. Summary of Changes 

II. Issues Affecting the Lamps Analyzed by 

This Determination 

A. Lamps Analyzed by This Determination 

B. Standby/Off Mode 

C. Metric 

D. Coordination of the Metal Halide Lamp 

Fixture and HID Lamp Rulemakings 

III. General Discussion 

A. Test Procedures 

B. Technological Feasibility 

1. General 

2. Maximum Technologically Feasible 

Levels 

C. Energy Savings 

1. Determination of Savings 

2. Significance of Savings 

D. Economic Justification 

IV. Methodology and Discussion 

A. Market and Technology Assessment 

1. General 

2. Equipment Classes 

3. Technology Options 

a. Mercury Vapor 

b. High-Pressure Sodium Lamps 

c. Metal Halide 

d. Summary 

B. Screening Analysis 

C. Engineering Analysis 

1. Representative Equipment Classes 

2. Baseline Lamps and Representative 

Lamp Types 

3. More Efficacious Substitutes 

4. Determine Efficacy Levels 

5. Scaling to Equipment Classes Not 

Directly Analyzed 

6. HID Systems 

D. Equipment Price Determination 

E. Markups Analysis 

F. Energy Use Analysis 

G. Life-Cycle Cost and Payback Period 

Analysis 

H. Shipments Analysis 

I. National Impact Analysis 

J. Manufacturer Impact Analysis 

V. Analytical Results 

A. Economic Impacts on Individual 

Customers 

B. Economic Impacts on Manufacturers 

1. Industry Cash-Flow Analysis Results 

2. Impacts on Employment 

3. Impacts on Manufacturing Capacity 

4. Impacts on Subgroups of Manufacturers 

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