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# THURSDAY, OCTOBER 19, 1978 

# PART VII



# D PARTMENT OF ENERG'I'

ENERGY**CONSERVATIOt'~** 

# PROGRAM FOR CONSUMER PRODUCTS

.Test Procedures for Wafer Heaters

# • 48986 (3128-01-M] 

### Title 10-Energy


### CHAPTER II-FEDERAi. ENERGY ADMINISTRATION 1


### PART 430-ENERGY CONSERVATION PROGRAM FOR CONSUMER PROD

### UCTS 

### Ted Procedure& 

### for Water Heaters AGENCY:Department ofEnergy. ACTION:Fmal rule. SUMMARY: The Department of Energy -hereby amends Its test procedures for water heaters a.s they relate to determining the energy factor for water heaters. These test procedures are a part of the consumer product enPrgy efficiency program established pursuant to the Energy Policy and Conservation Act, which requires that standard methods of testtng be prescribed for coveredconsumerproducts. EFFECTIVE DATE: November 20, 1978. FOR FURTHER INFORMATION CONTACT:

James A. Smith, Office of Conservation and Solar Applications, Room 2248, 20 Massachusetts Avenue NW., Washington. D.C. 20545, 202-376- 4815. Jim Merna. Media Relations. Federal Building, Room 3104, 12th and PennsylvaniaAvenue NW.,Washington.D.C. 2046.1, 202-566-9833. William J. Dennison, Office of the General Counsel, Federal Building, Room 7148. 12th and Pennsylvania Avenue NW., Washington. D.C. 20461. 202-566-9750. SUPPLEMENT ARY INFORMATION: A. BACKGROUND On October 1, 1977, the Department ofEnergy<DOE> assumedtheauthority of the Fedrral Energy Administration <FEA> for the energy conserva- tion program for consumer products, pursuant to section 301 of the Department of Energy Organization Act <DOEAct> <Pub. L. 95-91). Theenergy conservation program for consumer products was established by FEA pursuant totitle III,partB oftheEnergy Policy and Conservation Act <Act) CPub. L.94-163>. Sect-ion 323 <42 U.S.C. 6293>of the Act requires that standard methods of testing be prescribed for coveredconsumerproducts, 

## '

'EDITOIUAL NOTJ:.-It iscontemplatedthat ch. II will be renamed ata future datetore- flectthefact that itcontainsregulationsad· ministered by the Department of Energy, lncludm(i: re1n1latlons &dmlnlstered by the Office of Conservation and Solar Applications. 

### ·1u1.H AND IHGUl..ATIONS PEA proposed 

### test procedures for water heaters by notice issued April 

### l'U, 1977 

### <42 FR 21576, Apr. 27, 1977), and 

### a public hearing on the propo.sed test procedures 

### was held on June 

### 13. 1977. Final test procedures for water heaters were prescribed by FEA on September 27, 1977 C42 FR154110, Oct. "· 1977).

A subsequentrevlrw of the final test procedures for water heaters revealed 

### an error in the derivation of the energy factor. The energy factor is in· tended to be a measure of efficiency equal to the ratio of the useful output o! a water heater to the energy input of the water he:i.ter. I.e., the total energy consumed to provide the useful output. The useful output of a water heater is the energy conter.t of the water actually delivered by the water heater on a daily basis. The energy input to a water heater is 'the total energy consumed by the water heater
on a daily basis. In the promulgated test procedures. the useful outputof a water beater <the numerator of the energy factor ratio) was erroneously expressed as a water heater's "daily water heattng energy consumption." This term. which is correctly utilized in other parts of the test procedures. tncludes both the energy content of the water actually delivered by the water heater on a daily basis <the useful output) and any additional energy which is dissipated as a result of any tnefficlency in the heat transfer process, and which does not contribute to the useful output. The result was that the water heater effi. ciency was overstated since partofthe tenn in the numerator of the energy factor was not attributable to useful

. output. Today's amendment specifies that the useful output <the numerator of the energy factor> shall be the "dally hot water energy consumption," a term defined bynew section 4.6 of ap.. pendlx E 

### to include only thf' energy contentofthewateractuallydelivered bythe waterheaterona dallybasis.

By notice issued March 27. 1978 <43 FR 13888,Apr. 3, 1978>. DOEproposed 

### to amend §430.22<e>C2) and appendix E to subpart B of part 430. Thf' intent of the proposed amendments was to specify the proper method of determintng the energy factor for water heaters. Pending a resolution of this matter, DOE suspended the provisions of the final water heater test proce· dures dealing with the determination of the energy factor, by notice issued March 29, 1978 <FR 13865, Apr. 3, 1978>. A public hearing on the propcsed**ILlllen~nt** was scheduled for May 16, 1978, but no requests for the presentation of oral statements were received. B.D1scufisxo11 

### ovCoinu::rrrs One written comment was received from 

### an englneertng consulttng firm. which contended that despite the proposed changes, the DOE test proct"· dures would still substantially O\'f·rlrtatetheenergy consumption of '11.·ater heaters. In support of thL<; contention. the commenter referred to data prr\·iously submitted to DOE Th;s issu1 was reviewed at the timf' th<' netic(· prescribing final test procpd11rcs for water heaters <42 FR 54110. Oct. 4. 1977)waspromulgated

Based on availablf' dn.ta. FEA d<:tt·rmined that the test proceaure.s did not overstate 

### the energy cons:im:1'!on of water heaters. In ·connPctJon with today's amendment. DOE ha..> 

### ag:11n reviewed this 

### Ls.sue :rnd finds no basio, for changing the original FEA determinatwn.
C. REGVLATlCJNS PRJ::SCRIBED The effect of today's rulemakin1?' is to amend the test procedure<; 1or water heaters by substituting in HI CFR 430.22 a new paragraph <cH2l for determination of the energy factor 1o:- water hea<.ers and by adding to appendix E a new section 4.6 for calculation of the daily hot water energy consumptionofwaterh<?aters.

DOE's suspension of 10 CFR 430.22<e>C2) <43 FR 13865, Apr. 3. 1978),terminates when today·s amendmentsbecome effectin·.

As part of today's rulemaking DOI: is also changing the name of 10 CFI-. Part 430 to "Energy Conservation Pr<·· gram for Consumer Products:· DO• believes that this change 'lrJIJ elim1· nate any possible confusion**rpg-~rdm,·** theconteutsof 10CFRPart 42

.

In accordance with the**propo~Pci** DOE plan for implementing Execut1\' Order 12044. "Improving Gm·ernmc:i; Regulations." DOE has dHermirn·

.. that this final rule to amend the**tf>~t** procedures for water heaters is not 

### a significantregulation.

In consideration of the fore1?01n: part430ofchapter II ofTitle 10. Cod, t>f Federal Regulations. is amended a" set forth below, effecth·e Nm·emb

..:· 20, 1978.

Issued in Washington. D.C.. Octob• r 13. 1978.
WILLIAM P. D11ns. DcputvDirector of

Administratio11 1. Section 430.22 is a.mended by r•·· vistng paragraph <e

### ><2> to read ru; 

### ru: lows:

<e> • • • <2> Theenergyfactor for water heat 

### enshallbe-

<1> For a gas or oil water heater. tlw Quotient of the dally hot water**encr~y** consumption determinPd according tv section 4.6 of apppndix E of this sut.i

FEDERAL IEOISTH, VOL 43, NO. 203-THUltSDAY, OCTOllElt 19, 1978

# .•ua.n AND REGULATIONS

•R!lrt divided by the average dally

energy consumption 

### u determined 

### ac- cording

### to section 4.5.3 or appendix E or this subpart.. the resulting quotient then being rounded orr to the nearest 0.01: and



### Ut> For 

### an electric water heater. the quotient ofthe dally hot water energy consumption determined according 

### to section 4.6 or appendix E or this sub· part divided by the product of the a\'erage daily energy consumption 

### as determined according to section 4.5.4 of appendix E of this subpart times 3,412 Btu per k!lowatt·hour. the re· sultmg quotient then being rounded offto the nearest 0.01.

2. Appendix E to subpart B of part 430 is am<>nd<>d by adding 

### a new section 4.6, to n·ad 

### as follows:

4.6 Dailv hot water enervv consumption. Calculate the dally hol water energy conrnmpllon. C, the energy content of th!' nominal daily hot water usage, expressed in Btu per day d11d dPfmed a.s: C=kx Uxll.T., \'\'here:

k is asdefmed m spction4.1.l: and AT. and 1 area.s delmed in section 4.3. 3. The name of part 430 is chang<>d to "Energy Conservation Program For Consumer Products," as set forth above. lFR Doc. 78-29535Filed 10-18-78; 8:45 am)

FEDEl!Al ltEGISTER, VOL. 43, NO.203-THURS.OAY, OCTOBER 19, 1978 

### 48987