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

18784 

Vol. 80, No. 67 

Wednesday, April 8, 2015 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

2 CFR Part 1201 

[Docket DOT–OST–2015–0013] 

RIN 2105–AE38 

Geographic-Based Hiring Preferences 

in Administering Federal Awards 

AGENCY: Office of the Secretary (OST), 

Department of Transportation (DOT). 

ACTION: Extension of comment period on 

proposed rule. 

SUMMARY: This action extends the 

comment period for the Notice of 

Proposed Rulemaking (NPRM) 

proposing to amend the DOT’s 

implementation of the Governmentwide Uniform Administrative 

Requirements, Cost Principles, and 

Audit Requirements for Federal Awards 

to permit recipients and subrecipients to 

impose geographic-based hiring 

preferences whenever not otherwise 

prohibited by Federal statute. This 

NPRM was published in the Federal 

Register on March 6, 2015, at 80 FR 

12092. We are extending the end of the 

comment period from April 6, 2015, to 

May 6, 2015. The extension of the 

comment period is intended to provide 

all interested parties sufficient time 

prior to submit comments to the docket 

for this proposed rulemaking. 

DATES: Comments must be received by 

May 6, 2015. Comments received after 

this date will be considered to the 

extent practicable. 

ADDRESSES: You may file comments 

identified by the docket number DOT– 

OST–2015–0013 by any of the following 

methods: 

• Federal eRulemaking Portal: go to 

http://www.regulations.gov and follow 

the online instructions for submitting 

comments. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 1200 

New Jersey Ave. SE., Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery or Courier: West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Ave. SE., between 9:00 

a.m. and 5:00 p.m. ET, Monday through 

Friday, except Federal Holidays. 

• Fax: (202) 493–2251. 

Instructions: You must include the 

agency name and docket number DOT– 

OST–2015–0013 or the Regulatory 

Identification Number, RIN No. 2105– 

AE11, for the rulemaking at the 

beginning of your comment. All 

comments received will be posted 

without change to http://

www.regulations.gov, including any 

personal information provided. 

Privacy Act: Anyone is able to search 

the electronic form of all comments 

received in any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment if 

submitted on behalf of an association, a 

business, a labor union, etc.). You may 

review DOT’s complete Privacy Act 

statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477–78), or you may visit http://

Docketslnfo.dot.gov. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http://

www.regulations.gov or to the street 

address listed above. Follow the online 

instructions for accessing the docket. 

FOR FURTHER INFORMATION CONTACT: 

Michael Harkins, Deputy Assistant 

General Counsel for General Law (OST– 

C10), U.S. Department of 

Transportation, 1200 New Jersey Ave. 

SE., Washington, DC 20590, 202–366– 

0590. 

SUPPLEMENTARY INFORMATION: On March 

6, 2015, the Department published a 

NPRM proposing to amend the DOT’s 

implementation of the Governmentwide Uniform Administrative 

Requirements, Cost Principles, and 

Audit Requirements for Federal Awards 

to permit recipients and subrecipients to 

impose geographic-based hiring 

preferences whenever not otherwise 

prohibited by Federal statute. On March 

13, the American Public Transportation 

Association (APTA) posted a comment 

requesting DOT extent the comment 

period for this NPRM by 30 days to May 

6. With this notice, the DOT is granting 

this request by further extending the 

comment period to May 6. 

The DOT has also received a comment 

to the docket asking whether this 

proposed rule applies to rolling stock. 

The DOT specifically requests 

comments on this issue and whether the 

DOT should clarify the proposed rule’s 

application to the procurement of 

rolling stock. 

Issued this 1st day of April, 2015, in 

Washington, DC. 

Kathryn B. Thomson, 

General Counsel. 

[FR Doc. 2015–08084 Filed 4–7–15; 8:45 am] 

BILLING CODE 4910–9X–P 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[Docket Number EERE–2014–BT–STD– 

0045] 

RIN 1904–AD48 

Energy Conservation Program for 

Consumer Products: Definitions for 

Residential Water Heaters 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of proposed rulemaking 

(NOPR). 

SUMMARY: The Energy Policy and 

Conservation Act of 1975 (EPCA), as 

amended, prescribes energy 

conservation standards for various 

consumer products and certain 

commercial and industrial equipment, 

including residential water heaters. 

EPCA also requires the U.S. Department 

of Energy (DOE) to determine whether 

more stringent amended standards 

would be technologically feasible and 

economically justified, and would save 

a significant amount of energy. 

Accordingly, DOE established amended 

energy conservation standards for 

several classes of residential water 

heaters in an April 2010 final rule. In 

this notice, DOE proposes to amend its 

definitions pertaining to residential 

water heaters and to clarify the 

applicability of energy conservation 

standards for residential water heaters 

that are utilized as a secondary back-up 

heat source in solar-thermal water 

heating systems. Specifically, DOE is 

proposing to create a definition for 

‘‘solar-assisted fossil fuel storage water 

heater’’ and ‘‘solar-assisted electric 

storage water heater’’ and clarify that 

water heaters meeting these definitions 

are not subject to the amended energy 


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Federal Register / Vol. 80, No. 67 / Wednesday, April 8, 2015 / Proposed Rules 18785 

1All references to EPCA in this document refer 

to the statute as amended through the American 

Energy Manufacturing Technical Corrections Act 

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

2For editorial reasons, upon codification in the 

U.S. Code, Part B was re-designated Part A. 

conservation standards for residential 

water heaters established by the April 

2010 final rule. 

DATES: DOE will accept comments, data, 

and information regarding this notice of 

proposed rulemaking (NOPR) no later 

than May 8, 2015. See section V, 

‘‘Public Participation’’ for details. 

ADDRESSES: Any comments submitted 

must identify the NOPR for Energy 

Conservation Standards for Residential 

Water Heaters, and provide docket 

number EERE–2014–BT–STD–0045 

and/or regulatory information number 

(RIN) number 1904–AD48. 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: 

ResWaterHeater2014STD0045@

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 V of this document (Public 

Participation). 

Docket: The docket, which includes 

Federal Register notices, public meeting 

attendee lists and transcripts, 

comments, and other supporting 

documents/materials, is available for 

review at regulations.gov. All 

documents in the docket are listed in 

the regulations.gov index. However, 

some documents listed in the index, 

such as those containing information 

that is exempt from public disclosure, 

may not be publicly available. 

A link to the docket Web page can be 

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

#!docketDetail;D=EERE-2014-BT-STD0045. This Web page will contain a link 

to the docket for this notice on the 

regulations.gov site. The regulations.gov 

Web page will contain simple 

instructions on how to access all 

documents, including public comments, 

in the docket. See section V for further 

information on how to submit 

comments through 

www.regulations.gov. 

For further information on how to 

submit a comment, 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: 

Ashley Armstrong, 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) 586–6590. Email: 

Ashley.Armstrong@ee.doe.gov. 

Johanna Hariharan, U.S. Department 

of Energy, Office of the General Counsel, 

GC–33, 1000 Independence Avenue 

SW., Washington, DC 20585–0121. 

Telephone: (202) 287–6307. Email: 

Johanna.Hariharan@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Introduction 

A. Authority 

B. Background 

II. Summary of the Proposed Rule 

III. General Discussion 

A. Product Classes 

1. General Description 

2. Comments on te General Advantages of 

Solar Heating Systems 

3. Design and Heating Rate Differences 

D. Conclusions 

IV. Procedural Issues and Regulatory Review 

A. Review Under Executive Orders 12866 

and 13563 

B. Review Under the Regulatory Flexibility 

Act 

C. Review Under the Paperwork Reduction 

Act 

D. Review Under the National 

Environmental Policy Act of 1969 

E. Review Under Executive Order 13132 

F. Review Under Executive Order 12988 

G. Review Under the Unfunded Mandates 

Reform Act of 1995 

H. Review Under the Treasury and General 

Government Appropriations Act, 1999 

I. Review Under Executive Order 12630 

J. Review Under the Treasury and General 

Government Appropriations Act, 2001 

K. Review Under Executive Order 13211 

L. Review Under the Information Quality 

Bulletin for Peer Review 

V. Public Participation 

A. Submission of Comments 

B. Issues on Which DOE Seeks Comment 

VI. Approval of the Office of the Secretary 

I. Introduction 

The following section briefly 

discusses the statutory authority 

underlying DOE’s standards for 

residential water heaters and this NOPR, 

as well as some of the relevant historical 

background related to the establishment 

of standards for residential water 

heaters. 

A. Authority 

Title III of the Energy Policy and 

Conservation Act, as amended 1 (42 

U.S.C. 6291 et seq.; hereinafter ‘‘EPCA’’) 

sets forth various provisions designed to 

improve energy efficiency. Part A of title 

III of EPCA (42 U.S.C. 6291–6309) 

establishes the ‘‘Energy Conservation 

Program for Consumer Products Other 

Than Automobiles,’’ which covers 

consumer products and certain 

commercial products (hereinafter 

referred to as ‘‘covered products’’).2

These covered products include 

residential water heaters, which are the 

subject of this notice. (42 U.S.C. 

6292(a)(4)) 

Under EPCA, energy conservation 

programs generally consist of four parts: 

(1) Testing, (2) labeling, (3) establishing 

Federal energy conservation standards, 

and (4) certification and enforcement 

procedures. The Federal Trade 

Commission (FTC) is primarily 

responsible for labeling consumer 

products, and DOE implements the 

remainder of the program. 

EPCA contains what is known as an 

‘‘anti-backsliding’’ provision, which 

prevents the Secretary from prescribing 

any amended standard that either 

increases the maximum allowable 

energy use or decreases the minimum 

required energy efficiency of a covered 

product. (42 U.S.C. 6295(o)(1)) Also, the 

Secretary may not prescribe an amended 

or new standard if interested persons 

have established by a preponderance of 

the evidence that the standard is likely 

to result in the unavailability in the 

United States of any covered product 

type (or class) of performance 

characteristics (including reliability), 

features, sizes, capacities, and volumes 

that are substantially the same as those 

generally available in the United States. 

(42 U.S.C. 6295(o)(4)) 

B. Background 

EPCA prescribed energy conservation 

standards for residential water heaters 

(42 U.S.C. 6295(e)(1)) and directed DOE 

to conduct rulemakings to determine 

whether to amend these standards. (42 

U.S.C. 6295(e)(4)) DOE notes that under 

42 U.S.C. 6295(m), the agency must 

periodically review its already 

established energy conservation 

standards for a covered product. Under 

this requirement, the next review that 


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18786 Federal Register / Vol. 80, No. 67 / Wednesday, April 8, 2015 / Proposed Rules 

DOE would need to conduct must occur 

no later than six years from the issuance 

of a final rule establishing or amending 

a standard for a covered product. 

On January 17, 2001, DOE published 

a final rule prescribing the Federal 

energy conservation standards for 

residential water heaters that are 

currently in effect for units 

manufactured on or after January 20, 

2004. 66 FR 4474 (‘‘January 2001 Final 

Rule’’). The January 2001 Final Rule set 

minimum energy factors (EFs) that vary 

based on the storage volume of the 

water heater, the type of energy it uses 

(i.e., gas, oil, or electricity), and whether 

it is a storage, instantaneous, or tabletop 

model. 66 FR 4474; 10 CFR 430.32(d). 

Table I.1 presents the current Federal 

energy conservation standards for 

residential water heaters. 

TABLE I.1—CURRENT FEDERAL ENERGY EFFICIENCY STANDARDS FOR RESIDENTIAL WATER HEATERS

Product class Energy factor as of January 20, 2004 

Gas-fired Water Heater ..................................................... EF = 0.67 ¥ (0.0019 × Rated Storage Volume in gallons). 

Oil-fired Water Heater ....................................................... EF = 0.59 ¥ (0.0019 × Rated Storage Volume in gallons). 

Electric Water Heater ........................................................ EF = 0.97 ¥ (0.00132 × Rated Storage Volume in gallons). 

Tabletop Water Heater ...................................................... EF = 0.93 ¥ (0.00132 × Rated Storage Volume in gallons). 

Instantaneous Gas-fired Water Heater ............................. EF = 0.62 ¥ (0.0019 × Rated Storage Volume in gallons). 

Instantaneous Electric Water Heater ................................ EF = 0.93 ¥ (0.00132 × Rated Storage Volume in gallons). 

On April 16, 2010, DOE published a 

final rule in the Federal Register 

amending the energy conservation 

standards for residential water heaters 

for a second time (hereinafter ‘‘April 

2010 final rule’’). 75 FR 20111. The 

updated standards maintained the 

existing product class structure, 

dividing water heaters based on the type 

of energy used (i.e., gas, oil, or 

electricity) and whether it is a storage, 

instantaneous, or tabletop model, but 

also differentiated standard levels for 

electric and gas-fired storage water 

heaters based on whether the rated 

storage volume is greater than 55 

gallons, or less than or equal to 55 

gallons. Compliance with the energy 

conservation standards contained in the 

April 2010 final rule will be required 

starting on April 16, 2015. Id. 

Table I.2 presents the amended 

Federal energy conservation standards 

for residential water heaters, which are 

also set forth in 10 CFR 430.32(d). 

TABLE I.2—AMENDED FEDERAL ENERGY CONSERVATION STANDARDS FOR RESIDENTIAL WATER HEATERS ESTABLISHED

BY APRIL 2010 FINAL RULE

Product class Energy factor as of April 16, 2015 

Gas-fired Water Heater ..................................................... For tanks with a Rated Storage Volume at or below 55 gallons: EF = 0.675 ¥ 

(0.0015 × Rated Storage Volume in gallons). 

For tanks with a Rated Storage Volume above 55 gallons: EF = 0.8012 ¥ (0.00078 × 

Rated Storage Volume in gallons). 

Oil-fired Water Heater ....................................................... EF = 0.68 ¥ (0.0019 × Rated Storage Volume in gallons). 

Electric Water Heater ........................................................ For tanks with a Rated Storage Volume at or below 55 gallons: EF = 0.960 ¥ 

(0.0003 × Rated Storage Volume in gallons). 

For tanks with a Rated Storage Volume above 55 gallons: EF = 2.057 ¥ (0.00113 × 

Rated Storage Volume in gallons). 

Tabletop Water Heater ...................................................... EF = 0.93 ¥ (0.00132 × Rated Storage Volume in gallons). 

Instantaneous Gas-Fired Water Heater ............................ EF = 0.82 ¥ (0.0019 × Rated Storage Volume in gallons). 

Instantaneous Electric Water Heater ................................ EF = 0.93 ¥ (0.00132 × Rated Storage Volume in gallons). 

On October 21, 2014, DOE published 

a Request for Information (RFI) in the 

Federal Register regarding test 

procedures and energy conservation 

standards for residential solar water 

heaters (hereinafter the ‘‘October 2014 

RFI’’). 79 FR 62891. Specifically, the 

October 2014 RFI requested comment 

on the following topics: 

1. Solar water heating technologies 

that utilize a secondary heating source 

that are currently available to the 

consumer. 

2. Design differences between water 

heaters that are designed to be part of 

a solar water heating system compared 

to those meant for typical residences 

without a solar water heating system. 

3. Heating rates and the amount of hot 

water that can be supplied by water 

heaters meant to serve as a secondary 

heat source for a solar collector 

compared to the heating rates and hot 

water supply capacity water heaters. 

4. The fractions of single tank and 

dual tank solar water heating systems, 

and whether the secondary water 

heaters used include design features 

that differ from conventional residential 

water heaters. 

5. The manufacturers of water heaters 

used in solar thermal installations, the 

market share of each manufacturer, and 

whether any of them are small 

businesses. 

6. The total annual shipments of the 

market for solar water heating systems 

that utilize secondary heat sources, the 

fractions of water heaters that are used 

to provide secondary water heating by 

rated volume, input capacity, and fuel 

type. 

7. Any other attributes of solar water 

heating tanks which distinguish them 

from conventional storage or 

instantaneous water heaters. 79 FR 

62891, 62893–94 (Oct. 21, 2014). 

II. Summary of the Proposed Rule 

After considering the comments on 

the RFI and the characteristics and 

applications of hot water storage tanks 

used in solar thermal systems and 

having a backup gas, oil, or electric heat 

source, DOE has tentatively concluded 

that the analysis conducted for the April 

2010 final rule did not adequately 

consider such applications and the 

accompanying backup tanks. Therefore, 

in this NOPR, DOE is proposing to add 

clarifying text to 10 CFR 430.32(d) 

indicating that the energy conservation 

standards for residential water heaters 


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3ACEEE submitted a joint comment on behalf of 

ACEEE, Appliance Standards Awareness Project 

(ASAP), and Natural Resources Defense Council 

(NRDC), and this comment is referred to throughout 

this document as the ‘‘ACEEE joint comment.’’ 

4SEIA submitted a joint comment on behalf of 

SEIA, International Association of Plumbing and 

Mechanical Officials (IAPMO) and Solar Rating and 

Certification Corporation (SRCC), and this comment 

is referred to throughout this document as the 

‘‘SEIA joint comment.’’ 

do not apply to water heaters meeting 

the new definitions of ‘‘solar-assisted 

fossil fuel storage water heater’’ and 

‘‘solar-assisted electric storage water 

heater,’’ that are also proposed in this 

NOPR. (See section III.D of this NOPR 

for the proposed definitions.) 

III. General Discussion 

As stated in section I.B, compliance 

with an amended energy conservation 

standard for residential water heaters 

will be required beginning on April 16, 

2015. 75 FR 20111. DOE has tentatively 

concluded that hot water storage tanks 

used in solar thermal systems that have 

a backup gas, oil, or electric heat source 

were not adequately considered in the 

analysis for the April 2010 rule. 

Therefore, DOE is undertaking this 

rulemaking to clarify the scope of DOE’s 

existing energy conservation standards 

for residential water heaters. 

In response to the October 2014 RFI, 

DOE received 4 written comments from 

the following interested parties: 

American Council for an EnergyEfficient Economy (ACEEE),3 AirConditioning, Heating and Refrigeration 

Institute (AHRI), Rheem Manufacturing 

Company (Rheem) and Solar Energy 

Industries Association (SEIA).4 These 

comments are discussed further in the 

sections below as they relate to the 

specific issues discussed in this NOPR. 

Generally, the ACEEE joint comment 

recommended that DOE not consider a 

rulemaking to adopt a new minimum 

efficiency standard for residential solarthermal water heaters because the 

extremely small sales volume of these 

products does not justify the effort to set 

a standard. The ACEEE joint comment 

argued that customers of these 

expensive systems would buy only from 

reputable manufacturers and installers 

and use either the ENERGY STAR brand 

or a high rating under the SRCC 

program to guide their purchasing 

decision. (ACEEE joint comment, No. 2 

at p. 1–2) The ACEEE joint comment 

also recommended that DOE not 

consider a rulemaking to adopt a new 

test method for residential solar-thermal 

water heating systems because a widely 

accepted non-federal test method and 

rating program for solar water heaters 

built around OG–300 solar system 

ratings already exists. (ACEEE joint 

comment, No. 2 at p. 1) The SEIA joint 

comment recommended an exemption 

be established for backup water heaters 

which prioritize solar heating over the 

secondary heat source and that the 

volume heated by the secondary heat 

source be less than or equal to 55 

gallons. (SEIA joint comment, No. 5 at 

p. 6) Similarly, Rheem commented that 

the residential water heater standard for 

conventional water heaters should not 

be applied to solar water heaters 

because they are different systems and 

not direct substitutes. (Rheem, No. 4 at 

p. 2) 

DOE generally agrees with these 

commenters’ points and notes that the 

purpose of this NOPR is not to consider 

new energy conservation standards or 

test methods for solar water heating 

systems, but rather to clarify the scope 

of DOE’s existing standards. 

Specifically, DOE is proposing 

amendments to clarify that DOE’s 

standards for residential water heaters 

are not applicable to water heaters that 

are used as a backup heat source in solar 

thermal water heating systems. 

A. Product Classes 

When evaluating and establishing 

energy conservation standards, DOE 

divides covered products into product 

classes by the type of energy used or by 

capacity or other performance-related 

features that justify a different standard. 

In making a determination whether a 

performance-related feature justifies a 

different standard, DOE must consider 

such factors as the utility to the 

consumer of the feature and other 

factors DOE determines are appropriate. 

(42 U.S.C. 6295(q)) 

Existing energy conservation 

standards divide residential water 

heaters into product classes based on 

primary energy source (i.e., gas, oil, or 

electricity), whether it is instantaneous 

or storage, and whether it is a ‘‘tabletop’’ 

model. Storage capacity and input rate 

are used to determine whether a water 

heater is characterized as storage or 

instantaneous. (42 U.S.C. 6291(27)) For 

example, an instantaneous water heater 

must contain no more than one gallon 

of water per 4,000 Btu per hour of input. 

(42 U.S.C. 6291(27)(B)). EPCA 

establishes the input-rate limitations for 

residential water heaters (42 U.S.C. 

6291(27)), and DOE has further 

established limitations at 10 CFR 430.2 

based on rated storage volume and the 

temperature to which the water can be 

delivered. Table III.1 shows the input 

and volume limitations that define the 

current range of water heaters subject to 

standards. In addition to the criteria 

listed in Table III.1, if a water heater is 

designed to heat water to a temperature 

of less than 180 °F, it is classified as 

residential, while any water heater that 

heats water to temperatures at or above 

180 °F is classified as commercial. In 

the amended energy conservation 

standard established by the April 2010 

final rule and effective April 16, 2015, 

rated storage volume is used to 

determine the applicable standard. Gas 

and electric water heaters with rated 

storage volumes above 55 gallons are 

subject to more stringent standards than 

smaller water heaters of the same fuel 

type. 10 CFR 430.32(d). 

Residential water heaters that use 

solar energy only are not covered by 

DOE regulations for residential water 

heaters since they do not utilize gas, oil, 

or electricity as required by the 

definition of a ‘‘water heater’’ under 

EPCA. (42 U.S.C. 6291(27)) However, 

residential water heaters that use solar 

energy but that are combined with 

storage tanks with secondary or backup 

energy sources that use electricity, gas, 

or oil are covered, provided that they 

meet all other requirements to be 

considered a ‘‘water heater’’. This rule 

considers only solar-thermal tanks 

designed for residential use; therefore, 

the water heater must be described by 

the fuel type and volumes specified in 

Table I.2 and reiterated in Table III.1 

and meet the input capacity limitations 

set forth in EPCA and shown below in 

Table III.1. (42 U.S.C. 6291(16)) 

TABLE III.1—RESIDENTIAL STORAGE

WATER HEATER SCOPE OF COVERAGE

Product class 

Rated 

storage 

volume 

Input 

capacity 

Gas-Fired Storage ≥20 gal 

and 

≤100 gal.

≤75 kBtu/h 

Oil-Fired Storage ... ≤50 gal .... ≤105 kBtu/

h 

Electric Storage ..... ≥20 gal 

and 

≤120 gal.

≤12 kW 

Tabletop ................. ≥20 gal 

and 

≤100 gal.

≤12 kW 

B. Solar Water Heating Technologies 

1. General Description 

Solar water heating systems that are 

the subject of this NOPR generally 

consist of a solar collector to capture 

heat from the sun and a storage tank that 

stores the potable water that has been 

heated by the solar collector for use on 

demand. These systems typically 

require a secondary heat source for 

times when solar energy is not sufficient 

to provide adequate hot water. In the 

October 2014 RFI, DOE requested 


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comment on current solar water heating 

technology practices in the United 

States and, specifically, on solar water 

heating technologies that utilize a 

secondary heating source and are 

currently available to consumers. 79 FR 

62891, 62893 (Oct. 21, 2014). 

Both Rheem’s comment and the SEIA 

joint comment stated that all solar water 

heating systems sold in the U.S. today 

are paired with a conventional backup 

heating source (SEIA joint comment, 

No. 5 at p. 2, Rheem, No. 4 at p. 2). 

Furthermore, the SEIA joint comment 

specified that a single-tank electric/solar 

water heating system consists of a single 

tank which serves as both a solar storage 

tank and a conventional water heater 

(when adequate solar energy is 

unavailable). In these tanks, a 4.5 kW 

electric element is commonly located in 

the upper part of the tank, leaving onehalf to two-thirds of the tank unheated 

by the electric element due to 

temperature stratification, which causes 

the heated water to remain mostly in the 

upper part of the tank. (SEIA joint 

comment, No. 5 at p. 2) 

2. Comments on the General Advantages 

of Solar Heating Systems 

In the October 2014 RFI, DOE 

requested comment on any other 

attributes of solar water heating systems 

that utilize secondary heating tanks, 

which distinguish them from 

conventional storage or instantaneous 

water heaters. 79 FR 62891, 62893 (Oct. 

21, 2014). 

The SEIA joint comment stated that 

solar water heating systems offer 

advantages over conventional water 

heating equipment that are overlooked 

or not understood. For example, solar 

water heating systems provide lower 

peak load requirements (which can be 

beneficial to utility companies), are not 

sensitive to flow rates, and have lower 

maintenance requirements than 

instantaneous heating systems. (SEIA 

joint comment, No. 5 at p. 8) The 

commenters also noted that solar water 

heating systems have several advantages 

over heat pump water heaters, including 

better performance in cold climate, no 

air circulation considerations, and no 

special skills required to install and 

maintain. (SEIA joint comment, No. 5 at 

p. 9) 

3. Design and Heating Rate Differences 

In the October 2014 RFI, DOE 

specifically sought comment on the 

design differences between water 

heaters that are designed to be part of 

a solar water heating system compared 

to those meant for typical residences 

without a solar water heating system. 

DOE also requested comment on the 

heating rates and the amount of hot 

water that can be supplied by water 

heaters meant to serve as a secondary 

heat source for a solar collector 

compared to the heating rates and hot 

water supply capacity of other water 

heaters, and whether there are any other 

attributes of solar water heating systems 

that utilize secondary heating tanks that 

distinguish them from conventional 

storage or instantaneous water heaters. 

79 FR 62891, 62893 (Oct. 21, 2014). 

AHRI’s comment, Rheem’s comment, 

and the SEIA joint comment stated that 

generally solar water heaters that use 

secondary heating tanks are fairly 

similar to conventional water heaters. 

(AHRI, No. 3 at p. 2, Rheem, No. 4 at 

p. 5) 

In noting the design differences 

between conventional water heaters and 

those used in solar-thermal water 

heating systems, AHRI, Rheem and the 

joint SEIA comment stated that there is 

a range of design differences in water 

heaters intended to be part of a solar 

thermal installation and those intended 

for a conventional installation. Water 

heaters intended for use in solar-thermal 

systems typically have two extra 

threaded ports as well as specifically 

designed controls. Other features may 

include special heat exchangers or 

additional backup heating elements. 

(AHRI, No. 3 at p. 1, Rheem, No. 4 at 

p. 3, SEIA joint comment, No. 5 at p. 4) 

On the other hand, the ACEEE joint 

commenters stated that they would be 

surprised to find many products 

specifically designed as auxiliary heat 

sources for solar thermal water heating 

systems, and that the only special 

features for a solar storage tank by itself 

would be a double-wall water-to-water 

heat exchanger for indirect systems 

employing non-potable antifreeze in the 

primary loop. (ACEEE joint comment, 

No. 2 at p. 2) 

Several commenters stated that solar 

water heaters are sized differently than 

conventional water heaters. The SEIA 

joint comment stated that the solar 

component of a typical 80 gallon solar/ 

electric system can heat between 40 and 

80 gallons depending on the level of 

solar radiation and the rate of use, 

where up to 40 gallons is heated by the 

electric element. (SEIA joint comment, 

No. 5 at p. 6) 

Rheem also stated that their 80 and 

120 gallon storage water heaters can 

provide up to 40 gallons of backup 

element water heating capacity 

regardless of the tank volume. (Rheem, 

No. 4 at p. 3) AHRI’s comment and the 

SEIA joint comment stated that the 

performance characteristics of solar 

water heaters can be less than a 

standard water heater. (AHRI, No. 3 at 

p. 2, SEIA joint comment, No. 5 at p. 6) 

Another design difference that was 

noted by commenters centered around 

the location and number of the 

plumbing connections on the storage 

tank that are used in solar thermal 

systems. Rheem commented that the 

cold water inlet connections on solar 

water heating storage tanks are located 

at the bottom to prevent mixing with 

heated water as compared to the cold 

water inlet being typically located at the 

top of a traditional storage tank. (Rheem, 

No. 4 at p. 4) Rheem also commented 

that the features of its solar storage 

water heater increase the manufacturing 

complexity and cost of the heaters, and 

therefore it is not anticipated that the 

heaters would be substituted for a 

standard water heater in an installation 

without a solar collector. (Rheem, No. 4 

at p. 5) 

DOE considered all of the above 

comments when developing its tentative 

conclusions regarding solar-assisted 

electric storage water heaters and solarassisted fossil fuel storage water heaters 

(see section III.D). 

C. Solar Water Heating Markets 

DOE has conducted preliminary 

research to investigate the solar water 

heating equipment market. Based on a 

report by the National Renewable 

Energy Laboratory (NREL), DOE 

distinguished between two distinct 

periods of solar water heater 

installations. From 1985 to 2005, when 

there were no tax incentives for solar 

water heaters, the number of 

installations ranged from approximately 

5,000 to 10,000 annually. Federal and 

State tax incentives were instituted in 

2006. Between 2006 and 2010, there 

were between approximately 18,000 and 

33,500 solar thermal water heater 

systems installed annually in the U.S. 

In the October 2014 RFI, DOE 

requested comments on various topics 

related to the market for solar water 

heating systems. Specifically, DOE 

requested information on the fractions 

of single tank and dual tank solar water 

heating systems. DOE also sought 

comments on the manufacturers of 

water heaters used in solar thermal 

installations, as well as the market share 

of each manufacturer, and whether any 

of them are small businesses. Lastly, 

DOE sought input regarding the total 

annual shipments of solar water heating 

systems that utilize secondary heat 

sources, the fractions of water heaters 

that are used to provide secondary water 

heating by rated volume, input capacity, 

and fuel type. 79 FR 62891, 62893 (Oct. 

21, 2014). 


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5See http://www.regulations.doe.gov/

certification-data/CCMS-79222842113.html for 

additional information and access to the data that 

DOE analyzed. 

The SEIA joint comment stated that 

dual tank systems are normally only 

used when the end use is heating water 

with natural gas, propane, or fuel oil, 

and that most dual tank systems are 

located in areas with strong financial 

incentives. (SEIA joint comment, No. 5 

at p. 6) The following market 

distribution of systems is currently 

certified by the SRCC: 43 percent of 

systems are dual tank, 45 percent are 

single tank, and 12 percent are tankless. 

(SEIA joint comment, No. 5 at p. 6 n.13) 

For dual tank systems, the distribution 

by fuel type certified by the SRCC is as 

follows: 54 percent use natural gas as 

backup, 45 percent use electricity, and 

1 percent use oil. (SEIA joint comment, 

No. 5 at p. 7) Regarding the number of 

units actually installed, the SEIA joint 

comment estimated that the ratio of 

single tank to dual tank systems 

installed is 4 to 1. (SEIA joint comment, 

No. 5 at p. 7) 

Rheem commented that it sells solar 

thermal systems with a single storage 

tank. Rheem noted that some installers 

have the opportunity to install multiple 

small tanks or combinations of tanks to 

store heat collected when sunlight is 

available, and that specific designs are 

based on the hot water requirement of 

the dwelling and the solar capacity 

available from the collectors. (Rheem, 

No. 4 at p. 3) 

The SEIA joint comment provided the 

market share of water heater 

manufacturers for the entire market as 

follows: A.O. Smith represents about 

half of the total U.S. market for water 

heaters (50 percent), Rheem 

approximately one third (33 percent), 

and Bradford White holds about 13 

percent market share; the remaining 4 

percent is comprised of other brands. 

(SEIA joint comment, No. 5 at p. 7) 

Rheem stated that solar thermal water 

heating systems are a low sales volume 

product for Rheem, and that it is a major 

manufacturer of storage water heaters. 

(Rheem, No. 4 at p. 3) 

Regarding annual shipments of solar 

water heating systems, the SEIA joint 

comment stated that in 2013, 2,200 solar 

water heating systems using 80 or 120 

gallon tanks received a rebate for 

installation in Hawaii (excluding Kauai 

County). In addition, solar water heating 

systems installed on new single-family 

home construction with tanks in the 65 

to 120 gallon range can be estimated at 

1,500 per year. (SEIA joint comment, 

No. 5 at p. 7) Based on a report from 

International Energy Agency Solar 

Heating and Cooling Programme, the 

SEIA joint comment estimates that 

22,500 new solar domestic water 

heating systems are being installed in 

the U.S. annually. (SEIA joint comment, 

No. 5 at p. 8) Rheem commented that its 

annual sales of thermal storage water 

heaters is less than one day of 

production of conventional storage 

water heaters. (Rheem, No. 4 at p. 3) 

D. Conclusions 

DOE has considered the comments 

discussed in sections III.B and III.C and 

has tentatively determined that solarassisted electric storage water heaters 

and solar-assisted fossil fuel storage 

water heaters are distinguishable from 

other categories of storage water heaters. 

Even though solar-assisted water heaters 

use electricity or fossil fuel to heat water 

without the use of solar thermal panels, 

DOE notes that the heating capacity of 

the tank with a comparable rated storage 

volume is reduced based on the design 

difference of the heating element or the 

fossil fuel burner. The plumbing 

configuration of the tank is also 

different in order for the storage tank to 

utilize the solar heated water in an 

optimized manner. DOE further notes 

that purchasers of these solar-assisted 

water heating systems may not be 

considering the economic criteria of the 

storage water heater tank alone, given 

that a significant portion of the installed 

cost of these systems is attributable to 

the solar thermal portion of the system 

and that a substantial portion of the 

water heating load may be provided by 

solar energy, as opposed to marketed 

fuels such as electricity, gas, or oil. 

These purchasers, therefore, may place 

an added value on owning a ‘‘green’’ 

system, which could provide different 

economic and performance benefits to 

these consumers when compared to an 

electric or fossil fuel storage water 

heater. For these reasons, DOE has 

determined that the minimum efficiency 

standard levels promulgated in the 

April 16, 2010 final rule do not apply 

to these categories of water heaters. 

In order to clarify the applicability of 

DOE’s regulations to solar-assisted water 

heaters, DOE proposes to define the 

terms ‘‘solar-assisted electric storage 

water heater’’ and ‘‘solar-assisted fossil 

fuel storage water heater’’ at 10 CFR 

430.2 and clarify that products meeting 

these definitions are not subject to 

DOE’s current or amended standards for 

residential water heaters at 10 CFR 

430.32(d). In addition to the data and 

comments received in response to the 

request for information, DOE also used 

the certified ratings from DOE’s 

Compliance Certification Data base, as 

of February 2015, to gather information 

such as average first hour ratings for 

basic models being distributed in 

commerce for various storage volumes.5

More specifically, DOE used the average 

first hour rating of the electric storage 

water heaters with a rated storage 

volume of 50 gallons, the average first 

hour rating of the gas-fired storage water 

heaters with a rated storage volume of 

40 gallons, and the average first hour 

rating of the oil storage water heaters 

with a rated storage volume of 32 

gallons to develop parts of the 

definitions below. 

Based on the comments discussed in 

section II.B, DOE proposes to define a 

solar-assisted electric storage water 

heater as a product that utilizes 

electricity to heat potable water for use 

outside the heater upon demand and— 

(A) stores water at a thermostatically 

controlled temperature with an input of 

12 kilowatts or less; 

(B) has at least two threaded ports in 

addition to those used for introduction 

and delivery of potable water for the 

supply and return of water or a heat 

transfer fluid heated externally by solar 

panels; 

(C) does not have electric resistance 

heating elements located in the lower 

half of the storage tank; 

(D) has the temperature sensing 

device that controls the auxiliary 

electric heat source located in the upper 

half of the storage tank; and 

(E) has a certified first hour rating less 

than 63 gallons. 

Similarly, DOE proposes to define a 

solar-assisted fossil fuel storage water 

heater at 10 CFR 430.2 as a product that 

utilizes oil or gas to heat potable water 

for use outside the heater upon demand 

and— 

(A) stores water at a thermostatically 

controlled temperature, including gas 

storage water heaters with an input of 

75,000 Btu per hour or less and oil 

storage water heaters with an input of 

105,000 Btu per hour or less; 

(B) has at least two threaded ports in 

addition to those used for introduction 

and delivery of potable water for the 

supply and return of water or a heat 

transfer fluid heated externally by solar 

panels; 

(C) has the burner located in the 

upper half of the storage tank; 

(D) has the temperature sensing 

device that controls the auxiliary gas or 

oil heat source located in the upper half 

of the storage tank; and 

(E) has a certified first hour rating less 

than 69 gallons for gas storage water 

heaters and has a certified first hour 

rating less than 128 gallons for oil 

storage water heaters. 


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18790 Federal Register / Vol. 80, No. 67 / Wednesday, April 8, 2015 / Proposed Rules 

DOE is specifically seeking comment 

on one element of its proposed 

definition of solar-assisted fossil fuel 

storage water heaters that would limit 

solar-assisted water heaters to only 

those with the burner located in the 

upper half of the storage tank. DOE is 

aware of solar backup water heaters that 

have burners located in the upper 

portion of the tank but acknowledges 

that there are others that have burners 

located at the bottom of the water 

heater. The Department is concerned 

that water heaters with burners located 

at the bottom of the tank can be used as 

a household’s main water heater 

without solar backup and should, 

therefore, be treated in the same manner 

as conventional water heaters with 

regards to standards. Thus, DOE seeks 

comment on the merits of this proposal. 

DOE also requests comment on other 

ways to define solar-assisted water 

heaters, including both definitional 

criteria not listed in the proposed 

definitions above and any performancebased criteria that might involve tests to 

determine whether the definition is met. 

Although water heaters meeting the 

definition of ‘‘solar-assisted electric 

storage water heater’’ or ‘‘solar-assisted 

fossil fuel storage water heater’’ remain 

covered products as water heaters, DOE 

proposes to clarify at 10 CFR 430.32(d) 

that these water heaters are not subject 

to the energy conservation standards 

currently specified in 10 CFR 430.32(d). 

DOE also proposes to clarify that the test 

methods described in 10 CFR 430.23(e) 

are applicable to solar-assisted water 

heaters for purposes of representing 

their performance when described as a 

stand-alone item (i.e., the backup tank 

portion only). When these water heaters 

are presented as part of a complete solar 

system that includes solar panels and 

any auxiliary equipment to move heat 

from the panels to the storage water 

heater, DOE believes that metrics 

commonly used by industry such as the 

Solar Energy Factor and Solar Fraction 

are most appropriate for representing 

the performance of the entire system. 

DOE seeks comment on the applicability 

of the uniform test method for 

measuring the energy consumption of 

water heaters to solar-assisted electric 

and fossil fuel storage water heaters. 

IV. Procedural Issues and Regulatory 

Review 

A. Review Under Executive Orders 

12866 and 13563 

Section 1(b)(1) of Executive Order 

12866, ‘‘Regulatory Planning and 

Review,’’ 58 FR 51735 (Oct. 4, 1993), 

requires each agency to identify the 

problem that it intends to address, 

including, where applicable, the failures 

of private markets or public institutions 

that warrant new agency action, as well 

as to assess the significance of that 

problem. The problems that the 

proposed standards address are as 

follows: 

(1) Insufficient information and the 

high costs of gathering and analyzing 

relevant information leads some 

consumers to miss opportunities to 

make cost-effective investments in 

energy efficiency. 

(2) In some cases the benefits of more 

efficient equipment are not realized due 

to misaligned incentives between 

purchasers and users. An example of 

such a case is when the equipment 

purchase decision is made by a building 

contractor or building owner who does 

not pay the energy costs. 

(3) There are external benefits 

resulting from improved energy 

efficiency of appliances that are not 

captured by the users of such 

equipment. These benefits include 

externalities related to public health, 

environmental protection, and national 

security that are not reflected in energy 

prices, such as reduced emissions of air 

pollutants and greenhouse gases that 

impact human health and global 

warming. 

In addition, this regulatory action is 

not an ‘‘economically significant 

regulatory action’’ under section 3(f)(1) 

of Executive Order 12866. Accordingly, 

DOE is not required under section 

6(a)(3) of the Executive Order to prepare 

a regulatory impact analysis (RIA) on 

this rule and the Office of Information 

and Regulatory Affairs (OIRA) in the 

Office of Management and Budget 

(OMB) is not required to review this 

rule. 

DOE has also reviewed this regulation 

pursuant to Executive Order 13563. 76 

FR 3281 (Jan. 21, 2011). Executive Order 

13563 is supplemental to and explicitly 

reaffirms the principles, structures, and 

definitions governing regulatory review 

established in Executive Order 12866. 

To the extent permitted by law, agencies 

are required by Executive Order 13563 

to: (1) Propose or adopt a regulation 

only upon a reasoned determination 

that its benefits justify its costs 

(recognizing that some benefits and 

costs are difficult to quantify); (2) tailor 

regulations to impose the least burden 

on society, consistent with obtaining 

regulatory objectives, taking into 

account, among other things, and to the 

extent practicable, the costs of 

cumulative regulations; (3) select, in 

choosing among alternative regulatory 

approaches, those approaches that 

maximize net benefits (including 

potential economic, environmental, 

public health and safety, and other 

advantages; distributive impacts; and 

equity); (4) to the extent feasible, specify 

performance objectives, rather than 

specifying the behavior or manner of 

compliance that regulated entities must 

adopt; and (5) identify and assess 

available alternatives to direct 

regulation, including providing 

economic incentives to encourage the 

desired behavior, such as user fees or 

marketable permits, or providing 

information upon which choices can be 

made by the public. 

DOE emphasizes as well that 

Executive Order 13563 requires agencies 

to use the best available techniques to 

quantify anticipated present and future 

benefits and costs as accurately as 

possible. In its guidance, the Office of 

Information and Regulatory Affairs has 

emphasized that such techniques may 

include identifying changing future 

compliance costs that might result from 

technological innovation or anticipated 

behavioral changes. For the reasons 

stated in the preamble, DOE believes 

that this NOPR is consistent with these 

principles, including the requirement 

that, to the extent permitted by law, 

benefits justify costs and that net 

benefits are maximized. 

B. Review Under the Regulatory 

Flexibility Act 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) requires preparation 

of an initial regulatory flexibility 

analysis (IRFA) for any rule that by law 

must be proposed for public comment, 

unless the agency certifies that the rule, 

if promulgated, will not have a 

significant economic impact on a 

substantial number of small entities. As 

required by Executive Order 13272, 

‘‘Proper Consideration of Small Entities 

in Agency Rulemaking,’’ 67 FR 53461 

(August 16, 2002), DOE published 

procedures and policies on February 19, 

2003, to ensure that the potential 

impacts of its rules on small entities are 

properly considered during the 

rulemaking process. 68 FR 7990. DOE 

has made its procedures and policies 

available on the Office of the General 

Counsel’s Web site (http://energy.gov/

gc/office-general-counsel). 

For manufacturers of residential water 

heaters, the Small Business 

Administration (SBA) has set a size 

threshold, which defines those entities 

classified as ‘‘small businesses’’ for the 

purposes of the statute. DOE used the 

SBA’s small business size standards to 

determine whether any small entities 

would be subject to the requirements of 

the rule. 65 FR 30836, 30848 (May 15, 

2000), as amended at 65 FR 53533, 

53544 (Sept. 5, 2000) and codified at 13 


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Federal Register / Vol. 80, No. 67 / Wednesday, April 8, 2015 / Proposed Rules 18791 

CFR part 121.The size standards are 

listed by North American Industry 

Classification System (NAICS) code and 

industry description and are available at 

http://www.sba.gov/sites/default/files/

files/Size_Standards_Table.pdf. 

Residential water heater manufacturing 

is classified under NAICS 335228, 

‘‘Other Major Household Appliance 

Manufacturing.’’ The SBA sets a 

threshold of 500 employees or less for 

an entity to be considered as a small 

business for this category. 

To estimate the number of companies 

that could be small business 

manufacturers of solar-assisted water 

heaters covered by this rulemaking, 

DOE constructed a list of residential 

water heater manufacturers by 

conducting a market survey using 

publicly available information. DOE’s 

research involved industry trade 

association membership directories 

(including AHRI), information from 

previous rulemakings, individual 

company Web sites, SBA’s database, 

and market research tools (e.g., Hoover’s 

reports). DOE used the Solar Rating and 

Certification Corporation’s certification 

database as well as individual company 

Web sites to determine which 

residential water heater manufacturers 

identified offer solar-assisted products 

and would potentially be impacted by 

this proposed rule. DOE screened out 

companies that do not offer products 

covered by this rulemaking, do not meet 

the definition of a ‘‘small business,’’ or 

are completely foreign owned and 

operated. 

DOE initially identified eight 

manufacturers of solar-assisted water 

heaters sold in the United States. After 

reviewing publicly available 

information on these potential 

residential water heater manufacturers, 

DOE determined that five were either 

large manufacturers or manufacturers 

that were completely foreign owned and 

operated. Based on these efforts, DOE 

estimated that there are three small 

business manufacturers of water heaters 

that meet the definition of solar-assisted 

electric storage water heater or solarassisted fossil fuel water heater, as 

proposed in this NOPR. 

DOE is not proposing any amended 

standards for residential water heater 

manufacturers in this NOPR. Rather, the 

Department proposes to define solarassisted electric storage water heaters 

and solar-assisted fossil fuel-fired 

storage water heaters, and to clarify that 

current residential water heater 

standards do not apply to such 

products. As a result, DOE certifies that 

this NOPR will not have a significant 

economic impact on a substantial 

number of small entities and therefore, 

has not prepared an IRFA. DOE will 

transmit this certification to the Chief 

Counsel for Advocacy of the Small 

Business Administration (SBA) for 

review under 5 U.S.C 605(b). 

A statement of the objectives of, and 

reasons and legal basis for, the proposed 

rule are set forth elsewhere in the 

preamble and not repeated here. 

C. Review Under the Paperwork 

Reduction Act 

Manufacturers of residential water 

heaters must certify to DOE that their 

products comply with any applicable 

energy conservation standards. In 

certifying compliance, manufacturers 

must test their products according to the 

DOE test procedures for residential 

water heaters, including any 

amendments adopted for those test 

procedures. DOE has established 

regulations for the certification and 

recordkeeping requirements for all 

covered consumer products and 

commercial equipment, including 

residential water heaters. 76 FR 12422 

(March 7, 2011). The collection-ofinformation requirement for the 

certification and recordkeeping is 

subject to review and approval by OMB 

under the Paperwork Reduction Act 

(PRA). This requirement has been 

approved by OMB under OMB control 

number 1910–1400. Public reporting 

burden for the certification is estimated 

to average 30 hours per response, 

including the time for reviewing 

instructions, searching existing data 

sources, gathering and maintaining the 

data needed, and completing and 

reviewing the collection of information. 

Notwithstanding any other provision 

of the law, no person is required to 

respond to, nor shall any person be 

subject to a penalty for failure to comply 

with, a collection of information subject 

to the requirements of the PRA, unless 

that collection of information displays a 

currently valid OMB Control Number. 

This proposal clarifies the 

applicability of the amended energy 

conservation standards to solar-assisted 

water heaters and thus, also clarifies the 

certification requirements. If the 

proposal is finalized as proposed, those 

water heaters meeting the definition of 

solar-assisted in DOE’s regulations 

would not have to be certified with the 

Department because they would not be 

subject to standards. 

D. Review Under the National 

Environmental Policy Act of 1969 

Pursuant to the National 

Environmental Policy Act (NEPA) of 

1969, DOE has determined that the 

proposed rule fits within the category of 

actions included in Categorical 

Exclusion (CX) B5.1 and otherwise 

meets the requirements for application 

of a CX. See 10 CFR part 1021, App. B, 

B5.1(b); 1021.410(b) and Appendix B, 

B(1)–(5). The proposed rule fits within 

the category of actions because it is a 

rulemaking that clarifies the 

applicability of energy conservation 

standards for consumer products, and 

for which none of the exceptions 

identified in CX B5.1(b) apply. 

Therefore, DOE has made a CX 

determination for this rulemaking, and 

DOE does not need to prepare an 

Environmental Assessment or 

Environmental Impact Statement for 

this proposed rule. DOE’s CX 

determination for this proposed rule is 

available at http://cxnepa.energy.gov/. 

E. Review Under Executive Order 13132 

Executive Order 13132, ‘‘Federalism.’’ 

64 FR 43255 (Aug. 10, 1999) imposes 

certain requirements on Federal 

agencies formulating and implementing 

policies or regulations that preempt 

State law or that have Federalism 

implications. The Executive Order 

requires agencies to examine the 

constitutional and statutory authority 

supporting any action that would limit 

the policymaking discretion of the 

States and to carefully assess the 

necessity for such actions. The 

Executive Order also requires agencies 

to have an accountable process to 

ensure meaningful and timely input by 

State and local officials in the 

development of regulatory policies that 

have Federalism implications. On 

March 14, 2000, DOE published a 

statement of policy describing the 

intergovernmental consultation process 

it will follow in the development of 

such regulations. 65 FR 13735. EPCA 

governs and prescribes Federal 

preemption of State regulations as to 

energy conservation for the products 

that are the subject of this proposed 

rule. States can petition DOE for 

exemption from such preemption to the 

extent, and based on criteria, set forth in 

EPCA. (42 U.S.C. 6297) No further 

action is required by Executive Order 

13132. 

F. Review Under Executive Order 12988 

With respect to the review of existing 

regulations and the promulgation of 

new regulations, section 3(a) of 

Executive Order 12988, ‘‘Civil Justice 

Reform,’’ imposes on Federal agencies 

the general duty to adhere to the 

following requirements: (1) Eliminate 

drafting errors and ambiguity; (2) write 

regulations to minimize litigation; and 

(3) provide a clear legal standard for 

affected conduct rather than a general 

standard and promote simplification 


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18792 Federal Register / Vol. 80, No. 67 / Wednesday, April 8, 2015 / Proposed Rules 

and burden reduction. 61 FR 4729 (Feb. 

7, 1996). Section 3(b) of Executive Order 

12988 specifically requires that 

Executive agencies make every 

reasonable effort to ensure that the 

regulation: (1) Clearly specifies the 

preemptive effect, if any; (2) clearly 

specifies any effect on existing Federal 

law or regulation; (3) provides a clear 

legal standard for affected conduct 

while promoting simplification and 

burden reduction; (4) specifies the 

retroactive effect, if any; (5) adequately 

defines key terms; and (6) addresses 

other important issues affecting clarity 

and general draftsmanship under any 

guidelines issued by the Attorney 

General. Section 3(c) of Executive Order 

12988 requires Executive agencies to 

review regulations in light of applicable 

standards in section 3(a) and section 

3(b) to determine whether they are met 

or it is unreasonable to meet one or 

more of them. DOE has completed the 

required review and determined that, to 

the extent permitted by law, this 

proposed rule meets the relevant 

standards of Executive Order 12988. 

G. Review Under the Unfunded 

Mandates Reform Act of 1995 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA) requires 

each Federal agency to assess the effects 

of Federal regulatory actions on State, 

local, and Tribal governments and the 

private sector. Public Law 104–4, sec. 

201 (codified at 2 U.S.C. 1531). For a 

proposed regulatory action likely to 

result in a rule that may cause the 

expenditure by State, local, and Tribal 

governments, in the aggregate, or by the 

private sector of $100 million or more 

in any one year (adjusted annually for 

inflation), section 202 of UMRA requires 

a Federal agency to publish a written 

statement that estimates the resulting 

costs, benefits, and other effects on the 

national economy. (2 U.S.C. 1532(a), (b)) 

The UMRA also requires a Federal 

agency to develop an effective process 

to permit timely input by elected 

officers of State, local, and Tribal 

governments on a proposed ‘‘significant 

intergovernmental mandate,’’ and 

requires an agency plan for giving notice 

and opportunity for timely input to 

potentially affected small governments 

before establishing any requirements 

that might significantly or uniquely 

affect small governments. On March 18, 

1997, DOE published a statement of 

policy on its process for 

intergovernmental consultation under 

UMRA. 62 FR 12820. DOE’s policy 

statement is also available at http://

energy.gov/gc/office-general-counsel. 

This proposed rule does not contain 

a Federal intergovernmental mandate, 

and will not require expenditures of 

$100 million or more on the private 

sector. Accordingly, no further action is 

required under the UMRA. 

H. Review Under the Treasury and 

General Government Appropriations 

Act, 1999 

Section 654 of the Treasury and 

General Government Appropriations 

Act, 1999 (Pub. L. 105–277) requires 

Federal agencies to issue a Family 

Policymaking Assessment for any rule 

that may affect family well-being. This 

rule would not have any impact on the 

autonomy or integrity of the family as 

an institution. Accordingly, DOE has 

concluded that it is not necessary to 

prepare a Family Policymaking 

Assessment. 

I. Review Under Executive Order 12630 

DOE has determined, under Executive 

Order 12630, ‘‘Governmental Actions 

and Interference with Constitutionally 

Protected Property Rights’’ 53 FR 8859 

(Mar. 18, 1988), that this regulation 

would not result in any takings that 

might require compensation under the 

Fifth Amendment to the U.S. 

Constitution. 

J. Review Under the Treasury and 

General Government Appropriations 

Act, 2001 

Section 515 of the Treasury and 

General Government Appropriations 

Act, 2001 (44 U.S.C. 3516, note) 

provides for Federal agencies to review 

most disseminations of information to 

the public under guidelines established 

by each agency pursuant to general 

guidelines issued by OMB. OMB’s 

guidelines were published at 67 FR 

8452 (Feb. 22, 2002), and DOE’s 

guidelines were published at 67 FR 

62446 (Oct. 7, 2002). DOE has reviewed 

this NOPR under the OMB and DOE 

guidelines and has concluded that it is 

consistent with applicable policies in 

those guidelines. 

K. Review Under Executive Order 13211 

Executive Order 13211, ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ 66 FR 28355 (May 

22, 2001), requires Federal agencies to 

prepare and submit to OIRA at OMB, a 

Statement of Energy Effects for any 

proposed significant energy action. A 

‘‘significant energy action’’ is defined as 

any action by an agency that 

promulgates or is expected to lead to 

promulgation of a final rule, and that: 

(1) Is a significant regulatory action 

under Executive Order 12866, or any 

successor order; and (2) is likely to have 

a significant adverse effect on the 

supply, distribution, or use of energy, or 

(3) is designated by the Administrator of 

OIRA as a significant energy action. For 

any proposed significant energy action, 

the agency must give a detailed 

statement of any adverse effects on 

energy supply, distribution, or use 

should the proposal be implemented, 

and of reasonable alternatives to the 

action and their expected benefits on 

energy supply, distribution, and use. 

DOE has tentatively concluded that 

this regulatory action, which clarifies 

applicability of the energy conservation 

standards for residential water heaters, 

is not a significant energy action 

because the proposed clarifications are 

not likely to have a significant adverse 

effect on the supply, distribution, or use 

of energy, nor has it been designated as 

such by the Administrator at OIRA. 

Accordingly, DOE has not prepared a 

Statement of Energy Effects on the 

proposed rule. 

L. Review Under the Information 

Quality Bulletin for Peer Review 

On December 16, 2004, OMB, in 

consultation with the Office of Science 

and Technology Policy (OSTP), issued 

its Final Information Quality Bulletin 

for Peer Review (the Bulletin). 70 FR 

2664 (Jan. 14, 2005). The Bulletin 

establishes that certain scientific 

information shall be peer reviewed by 

qualified specialists before it is 

disseminated by the Federal 

Government, including influential 

scientific information related to agency 

regulatory actions. The purpose of the 

bulletin is to enhance the quality and 

credibility of the Government’s 

scientific information. Under the 

Bulletin, the energy conservation 

standards rulemaking analyses are 

‘‘influential scientific information,’’ 

which the Bulletin defines as scientific 

information the agency reasonably can 

determine will have, or does have, a 

clear and substantial impact on 

important public policies or private 

sector decisions. 70 FR 2667. 

In response to OMB’s Bulletin, DOE 

conducted formal in-progress peer 

reviews of the energy conservation 

standards development process and 

analyses and has prepared a Peer 

Review Report pertaining to the energy 

conservation standards rulemaking 

analyses. Generation of this report 

involved a rigorous, formal, and 

documented evaluation using objective 

criteria and qualified and independent 

reviewers to make a judgment as to the 

technical/scientific/business merit, the 

actual or anticipated results, and the 

productivity and management 

effectiveness of programs and/or 

projects. The ‘‘Energy Conservation 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 67 / Wednesday, April 8, 2015 / Proposed Rules 18793 

Standards Rulemaking Peer Review 

Report’’ dated February 2007 has been 

disseminated and is available at the 

following Web site: 

www1.eere.energy.gov/buildings/

appliance_standards/peer_review.html. 

V. Public Participation 

DOE welcomes all interested parties 

to submit in writing by May 8, 2015 

comments, data, and other information 

on matters addressed in this proposal 

and on other matters relevant to 

consideration of definitions for 

residential water heaters. 

After the closing of the comment 

period, DOE will consider all timelysubmitted comments and additional 

information obtained from interested 

parties, as well as information obtained 

through further analyses. Afterward, 

DOE will publish either supplemental 

notice of proposed rulemaking or a final 

rule amending these definitions and 

clarifying the applicability of standards. 

The final rule would include definitions 

for the products covered by the 

rulemaking. 

A. Submission of Comments 

DOE will accept comments, data, and 

information regarding this proposed 

rule no later than the date provided in 

the DATES section at the beginning of 

this proposed rule. Interested parties 

may submit comments, data, and other 

information using any of the methods 

described in the ADDRESSES section at 

the beginning of this notice. 

Submitting comments via 

regulations.gov. The regulations.gov 

Web page will require you to provide 

your name and contact information. 

Your contact information will be 

viewable to DOE Building Technologies 

staff only. Your contact information will 

not be publicly viewable except for your 

first and last names, organization name 

(if any), and submitter representative 

name (if any). If your comment is not 

processed properly because of technical 

difficulties, DOE will use this 

information to contact you. If DOE 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, DOE may not be 

able to consider your comment. 

However, your contact information 

will be publicly viewable if you include 

it in the comment itself or in any 

documents attached to your comment. 

Any information that you do not want 

to be publicly viewable should not be 

included in your comment, nor in any 

document attached to your comment. 

Otherwise, persons viewing comments 

will see only first and last names, 

organization names, correspondence 

containing comments, and any 

documents submitted with the 

comments. 

Do not submit to regulations.gov 

information for which disclosure is 

restricted by statute, such as trade 

secrets and commercial or financial 

information (hereinafter referred to as 

Confidential Business Information 

(CBI)). Comments submitted through 

regulations.gov cannot be claimed as 

CBI. Comments received through the 

Web site will waive any CBI claims for 

the information submitted. For 

information on submitting CBI, see the 

Confidential Business Information 

section below. 

DOE processes submissions made 

through regulations.gov before posting. 

Normally, comments will be posted 

within a few days of being submitted. 

However, if large volumes of comments 

are being processed simultaneously, 

your comment may not be viewable for 

up to several weeks. Please keep the 

comment tracking number that 

regulations.gov provides after you have 

successfully uploaded your comment. 

Submitting comments via email, hand 

delivery/courier, or mail. Comments and 

documents submitted via email, hand 

delivery, or mail also will be posted to 

regulations.gov. If you do not want your 

personal contact information to be 

publicly viewable, do not include it in 

your comment or any accompanying 

documents. Instead, provide your 

contact information in a cover letter. 

Include your first and last names, email 

address, telephone number, and 

optional mailing address. The cover 

letter will not be publicly viewable as 

long as it does not include any 

comments 

Include contact information each time 

you submit comments, data, documents, 

and other information to DOE. If you 

submit via mail or hand delivery/

courier, please provide all items on a 

CD, if feasible. It is not necessary to 

submit printed copies. No facsimiles 

(faxes) will be accepted. 

Comments, data, and other 

information submitted to DOE 

electronically should be provided in 

PDF (preferred), Microsoft Word or 

Excel, WordPerfect, or text (ASCII) file 

format. Provide documents that are not 

secured, that are written in English, and 

that are free of any defects or viruses. 

Documents should not contain special 

characters or any form of encryption 

and, if possible, they should carry the 

electronic signature of the author. 

Campaign form letters. Please submit 

campaign form letters by the originating 

organization in batches of between 50 to 

500 form letters per PDF or as one form 

letter with a list of supporters’ names 

compiled into one or more PDFs. This 

reduces comment processing and 

posting time. 

Confidential Business Information. 

According to 10 CFR 1004.11, any 

person submitting information that he 

or she believes to be confidential and 

exempt by law from public disclosure 

should submit via email, postal mail, or 

hand delivery/courier two well-marked 

copies: one copy of the document 

marked confidential including all the 

information believed to be confidential, 

and one copy of the document marked 

non-confidential with the information 

believed to be confidential deleted. 

Submit these documents via email or on 

a CD, if feasible. DOE will make its own 

determination about the confidential 

status of the information and treat it 

according to its determination. 

Factors of interest to DOE when 

evaluating requests to treat submitted 

information as confidential include: (1) 

A description of the items; (2) whether 

and why such items are customarily 

treated as confidential within the 

industry; (3) whether the information is 

generally known by or available from 

other sources; (4) whether the 

information has previously been made 

available to others without obligation 

concerning its confidentiality; (5) an 

explanation of the competitive injury to 

the submitting person which would 

result from public disclosure; (6) when 

such information might lose its 

confidential character due to the 

passage of time; and (7) why disclosure 

of the information would be contrary to 

the public interest. 

It is DOE’s policy that all comments 

be included in the public docket, 

without change and as received, 

including any personal information 

provided in the comments (except 

information deemed to be exempt from 

public disclosure). 

B. Issues on Which DOE Seeks Comment 

Although DOE welcomes comments 

on any aspect of this proposal, DOE is 

particularly interested in receiving 

comments and views of interested 

parties concerning the following issues: 

1. Are the criteria proposed to define 

solar-assisted water heaters sufficient to 

describe these types of water heaters? 

2. Are there alternative ways to define 

solar-assisted water heaters including 

additional prescriptive design criteria or 

performance-based criteria that might 

involve tests to determine whether the 

definition is met? 

3. Should a criterion be added to the 

definition of solar-assisted fossil fuelfired water heaters that requires the 

burner to be located in the upper half of 

the tank? 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
18794 Federal Register / Vol. 80, No. 67 / Wednesday, April 8, 2015 / Proposed Rules 

4. Is the uniform test method for 

measuring the energy consumption of 

water heaters appropriate for 

representing the performance of solarassisted electric and fossil fuel-fired 

storage water heaters? 

VI. Approval of the Office of the 

Secretary 

The Secretary of Energy has approved 

publication of this proposed rule. 

List of Subjects in 10 CFR Part 430 

Administrative practice and 

procedure, Confidential business 

information, Energy conservation, 

Household appliances, Imports, 

Intergovernmental relations, and Small 

businesses. 

Issued in Washington, DC, on March 25, 

2015. 

Roland Risser, 

Acting Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

For the reasons set forth in the 

preamble, DOE proposes to amend part 

430 of chapter II, subchapter D, of title 

10 of the Code of Federal Regulations, 

as set forth below: 

PART 430—ENERGY CONSERVATION 

PROGRAM FOR CONSUMER 

PRODUCTS 

■ 1. The authority citation for Part 430 

continues to read as follows: 

Authority: 42 U.S.C. 6291–6309; 28 U.S.C. 

2461 note. 

■ 2. Section 430.2 is amended by adding 

the definitions of ‘‘solar-assisted electric 

storage water heater’’ and ‘‘solarassisted fossil fuel storage water heater’’ 

in alphabetical order to read as follows: 

§ 430.2 Definitions. 

* * * * * 

Solar-assisted electric storage water 

heater means a product that utilizes 

electricity to heat potable water for use 

outside the heater upon demand and— 

(1) stores water at a thermostatically 

controlled temperature with an input of 

12 kilowatts or less; 

(2) has at least two threaded ports in 

addition to those used for introduction 

and delivery of potable water for the 

supply and return of water or a heat 

transfer fluid heated externally by solar 

panels; 

(3) does not have electric resistance 

heating elements located in the lower 

half of the storage tank; 

(4) has the temperature sensing device 

that controls the auxiliary electric heat 

source located in the upper half of the 

storage tank; 

(5) has a certified first hour rating less 

than 63 gallons. 

Solar-assisted fossil fuel storage water 

heater means a product that utilizes oil 

or gas to heat potable water for use 

outside the heater upon demand and— 

(1) stores water at a thermostatically 

controlled temperature, including gas 

storage water heaters with an input of 

75,000 Btu per hour or less and oil 

storage water heaters with an input of 

105,000 Btu per hour or less; 

(2) has at least two threaded ports in 

addition to those used for introduction 

and delivery of potable water for the 

supply and return of water or a heat 

transfer fluid heated externally by solar 

panels; 

(3) has the burner located in the upper 

half of the storage tank; 

(4) has the temperature sensing device 

that controls the auxiliary heat source 

located in the upper half of the storage 

tank; and 

(5) has a certified first hour rating less 

than 69 gallons for gas storage water 

heaters and has a certified first hour 

rating less than 128 gallons for oil 

storage water heaters. 

* * * * * 

■ 3. Section 430.32 is amended by 

revising paragraph (d) to read as 

follows: 

§ 430.32 Energy and water conservation 

standards and their compliance dates. 

* * * * * 

(d) Water heaters. (1) The energy 

factor of water heaters shall not be less 

than the following for products 

manufactured on or after the indicated 

dates. 

Product class Storage volume Energy factor as of January 20, 

2004 Energy factor as of April 16, 2015 

Gas-fired Storage 

Water Heater.

≥20 gallons and 

≤100 gallons.

0.67 ¥ (0.0019 × Rated Storage 

Volume in gallons).

For tanks with a Rated Storage Volume at or below 55 gallons: EF 

= 0.675 ¥ (0.0015 × Rated Storage Volume in gallons). For tanks 

with a Rated Storage Volume above 55 gallons: EF = 0.8012 ¥ 

(0.00078 × Rated Storage Volume in gallons). 

Oil-fired Storage 

Water Heater.

≤50 gallons ........ 0.59 ¥ (0.0019 × Rated Storage 

Volume in gallons).

EF = 0.68 ¥ (0.0019 × Rated Storage Volume in gallons). 

Electric Storage 

Water Heater.

≥20 gallons and 

≤120 gallons.

0.97 ¥ (0.00132 × Rated Storage 

Volume in gallons).

For tanks with a Rated Storage Volume at or below 55 gallons: EF 

= 0.960 ¥ (0.0003 × Rated Storage Volume in gallons). For tanks 

with a Rated Storage Volume above 55 gallons: EF = 2.057 ¥ 

(0.00113 × Rated Storage Volume in gallons). 

Tabletop Water 

Heater.

≥20 gallons and 

≤120 gallons.

0.93 ¥ (0.00132 × Rated Storage 

Volume in gallons).

EF = 0.93 ¥ (0.00132 × Rated Storage Volume in gallons). 

Instantaneous 

Gas-fired 

Water Heater.

<2 gallons ......... 0.62 ¥ (0.0019 × Rated Storage 

Volume in gallons).

EF = 0.82 ¥ (0.0019 × Rated Storage Volume in gallons). 

Instantaneous 

Electric Water 

Heater.

<2 gallons ......... 0.93 ¥ (0.00132 × Rated Storage 

Volume in gallons).

EF = 0.93 ¥ (0.00132 × Rated Storage Volume in gallons). 

NOTE: The Rated Storage Volume equals the water storage capacity of a water heater, in gallons, as certified by the manufacturer. 

(2) Exclusions: The energy 

conservation standards shown in 

paragraph (1) of this section do not 

apply to the following types of water 

heaters: 

(i) gas-fired, oil-fired, and electric 

water heaters at or above 2 gallons 

storage volume and below 20 gallons 

storage volume; 

(ii) gas-fired water heaters above 100 

gallons storage volume; 

(iii) oil-fired water heaters above 50 

gallons storage volume; 

(iv) electric water heaters above 120 

gallons storage volume; 

(v) gas-fired instantaneous water 

heaters at or below 50,000 Btu/h; 

(vi) solar-assisted electric storage 

water heaters; and 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 67 / Wednesday, April 8, 2015 / Proposed Rules 18795 

(vii) solar-assisted fossil fuel storage 

water heaters. 

* * * * * 

[FR Doc. 2015–07956 Filed 4–7–15; 8:45 am] 

BILLING CODE 6450–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Part 1610 

[Docket No. CPSC–2015–0007] 

Petition Requesting Rulemaking To 

Amend the Standard for the 

Flammability of Clothing Textiles 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Notice of Petition for 

Rulemaking. 

SUMMARY: The Consumer Product Safety 

Commission (CPSC or Commission) has 

received a petition requesting 

amendments to the test procedure in the 

Standard for the Flammability of 

Clothing Textiles, 16 CFR part 1610. 

Petitioner requests changes in the 

requirements for preparation of clothing 

textiles for flammability testing. The 

Commission invites comments 

concerning the petition. 

DATES: The Office of the Secretary must 

receive comments on the petition by 

June 8, 2015. 

ADDRESSES: You may submit comments, 

identified by Docket No. CPSC–2015– 

0007, by any of the following methods: 

Electronic Submissions: Submit 

electronic comments to the Federal 

eRulemaking Portal at: http://

www.regulations.gov. Follow the 

instructions for submitting comments. 

The Commission does not accept 

comments submitted by electronic mail 

(email), except through 

www.regulations.gov. The Commission 

encourages you to submit electronic 

comments by using the Federal 

eRulemaking Portal, as described above. 

Written Submissions: Submit written 

submissions by mail/hand delivery/

courier to: Office of the Secretary, 

Consumer Product Safety Commission, 

Room 820, 4330 East West Highway, 

Bethesda, MD 20814; telephone (301) 

504–7923. 

Instructions: All submissions received 

must include the agency name and 

docket number for this notice. All 

comments received may be posted 

without change, including any personal 

identifiers, contact information, or other 

personal information provided, to: 

http://www.regulations.gov. Do not 

submit confidential business 

information, trade secret information, or 

other sensitive or protected information 

that you do not want to be available to 

the public. If furnished at all, such 

information should be submitted in 

writing. 

Docket: For access to the docket to 

read background documents or 

comments received, go to: http://

www.regulations.gov, insert the docket 

number, [ ], into the ‘‘Search’’ box, and 

follow the prompts. 

FOR FURTHER INFORMATION CONTACT: 

Rocky Hammond, Office of the 

Secretary, Consumer Product Safety 

Commission, 4330 East West Highway, 

Bethesda, MD, 20814; telephone (301) 

504–6833, email: rhammond@cpsc.gov. 

SUPPLEMENTARY INFORMATION: On 

February 4, 2015, CPSC’s Office of the 

Secretary received a petition to the 

Commission to initiate rulemaking to 

amend the test procedure in 16 CFR part 

1610, Standard for the Flammability of 

Clothing Textiles (the Standard). 

Petitioner, the International Association 

of Users of Artificial and Synthetic 

Filament Yarns and of Natural Silk, 

asserts that the pre-test conditioning 

requirements for textile samples set 

forth in 16 CFR 1610.6(a)(2)(iv) (for 

plain surface textile fabrics) and 

1610.6(a)(3)(v) (for raised surface textile 

fabrics) are inappropriate and 

unrealistic for silk fabrics. The Standard 

requires that textile specimens be 

prepared for testing by treating them in 

an oven at 105° C (221 °F) for 30 

minutes, then placing them in a 

desiccator to cool. See 16 CFR 

1610.6(a)(2)(iv); 1610.6(a)(3)(v). 

Petitioner contends this process 

removes all moisture from silk fabric 

samples, resulting in unrealistic 

measures of textile flammability. 

Petitioner asks that the Standard be 

changed to require that all clothing 

textile samples, including silk, be 

conditioned at a lower temperature and 

at a higher level of humidity. 

Proposed Changes in Testing. 

Petitioner asks the Commission to adopt 

changes that would require all clothing 

textiles to be conditioned before 

flammability testing under the 

temperature and humidity conditions 

set forth in ASTM D1776–04, Standard 

Practice for Conditioning and Testing 

Textiles. This standard specifies that 

general textiles should be conditioned at 

a temperature of 21° ± 1° C (70° ± 2 ° 

F) and at a relative humidity of 65 ± 2% 

for at least 24 hours prior to testing. 

Petitioner contends flammability testing 

of silk fabrics would be more realistic 

and more meaningful if testing were 

conducted using these conditioning 

requirements. The proposed changes in 

pre-test conditioning would apply to all 

clothing textiles. 

Reasons for Proposed Testing 

Changes. Petitioner asserts that the 

Standard’s conditioning requirements 

subject silk fabric samples to ‘‘extreme 

conditions not found in reality’’ and are 

not based on any scientific reason. 

Petitioner claims its test results show 

that flammability testing outcomes for 

silk fabrics vary dramatically, 

depending on the conditioning standard 

used. Petitioner also asserts that the 

Standard’s conditioning requirements 

are inconsistent with all national and 

international textile testing standards of 

which Petitioner is aware, including 

textile testing standards promulgated by 

the International Organization for 

Standardization (ISO) and ASTM 

International (ASTM). The two 

alternative standards specifically cited 

by Petitioner, ASTM D1776–04 and ISO 

139, Textiles—Standard atmospheres 

for conditioning and testing, require 

conditioning of fabrics at lower 

temperatures and at higher levels of 

humidity than the Standard. 

Proposed Commission Action. 

Petitioner requests the Commission 

implement the pre-test conditioning 

standards of ASTM D1776 by amending 

16 CFR 1610.6(a)(2)(iv) (conditioning of 

plain surface textile fabrics) and 

1610.6(a)(3)(v) (conditioning of raised 

surface textile fabrics) to include the 

conditioning standards of ASTM 

D1776–04 for all clothing textiles, 

including silk. These revisions also 

would include a requirement that 

conditioned samples be sealed in a tight 

container and that testing be initiated 

within one minute of opening of the 

container. Petitioner also requests that 

the Commission amend 16 CFR 

1610.6(b) (refurbishing and testing after 

refurbishing) by adding a new 

subsection 1610.6(b)(4) to apply ASTM 

D1776–04 conditioning standards to 

flammability testing of refurbished (i.e., 

laundered or dry cleaned) textiles. 

By this notice, the Commission seeks 

comments concerning this petition. 

Interested parties may obtain a copy of 

the petition by writing or calling the 

Office of the Secretary, Consumer 

Product Safety Commission, 4330 East 

West Highway, Bethesda, MD 20814; 

telephone (301) 504–6833. The petition 

is also available at http://

www.regulations.gov under Docket No. 

CPSC–2015–0007, Supporting and 

Related Materials. 

Alberta E. Mills, 

Acting Secretary, Consumer Product Safety 

Commission. 

[FR Doc. 2015–07907 Filed 4–7–15; 8:45 am] 

BILLING CODE 6355–01–P 


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