[Federal Register Volume 85, Number 74 (Thursday, April 16, 2020)]
[Proposed Rules]
[Pages 21104-21115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07732]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 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.
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 

  Federal Register / Vol. 85, No. 74 / Thursday, April 16, 2020 / 
Proposed Rules  

[[Page 21104]]



DEPARTMENT OF ENERGY

10 CFR Part 430 and 431

[EERE-2019-BT-TP-0032]
RIN 1904-AE77


Energy Conservation Program: Test Procedures for Consumer Water 
Heaters and Residential-Duty Commercial Water Heaters

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Request for information.

-----------------------------------------------------------------------

SUMMARY: The U.S. Department of Energy (DOE) is initiating a data 
collection process through this request for information (RFI) to 
consider whether to amend DOE's test procedure for consumer water 
heaters and residential-duty commercial water heaters. Specifically, 
DOE seeks data and information pertinent to whether amended test 
procedures would more accurately or fully comply with the requirement 
that the test procedure produces results that measure energy use during 
a representative average use cycle for the product, and not be unduly 
burdensome to conduct. DOE welcomes written comments from the public on 
any subject within the scope of this document (including topics not 
raised in this RFI), as well as the submission of data and other 
relevant information.

DATES: Written comments and information are requested and will be 
accepted on or before June 1, 2020

ADDRESSES: Interested persons are encouraged to submit comments using 
the Federal eRulemaking Portal at http://www.regulations.gov. Follow 
the instructions for submitting comments. Alternatively, interested 
persons may submit comments, identified by docket number EERE-2019-BT-
TP-0032 and/or RIN 1904-AE77, by any of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the instructions for submitting comments.
    2. Email: to [email protected]. Include docket 
number EERE-2019-BT-TP-0032 and/or RIN 1904-AE77 in the subject line of 
the message.
    3. Postal Mail: Appliance and Equipment Standards Program, U.S. 
Department of Energy, Building Technologies Office, Mailstop EE-5B, 
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: 
(202) 287-1445. If possible, please submit all items on a compact disc 
(CD), in which case it is not necessary to include printed copies.
    4. Hand Delivery/Courier: Appliance and Equipment Standards 
Program, U.S. Department of Energy, Building Technologies Office, 950 
L'Enfant Plaza SW, Suite 600, Washington, DC 20024. Telephone: (202) 
287-1445. If possible, please submit all items on a CD, in which case 
it is not necessary to include printed copies.
    No telefacsimilies (faxes) will be accepted. For detailed 
instructions on submitting comments and additional information on this 
process, see section III of this document.
    Docket: The docket for this activity, which includes Federal 
Register notices, comments, and other supporting documents/materials, 
is available for review at http://www.regulations.gov. All documents in 
the docket are listed in the http://www.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.
    The docket web page can be found at: https://www.regulations.gov/docket?D=EERE-2019-BT-TP-0032. The docket web page contains 
instructions on how to access all documents, including public comments, 
in the docket. See section III for information on how to submit 
comments through http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Ms. Catherine Rivest, U.S. Department 
of Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies Office, EE-5B, 1000 Independence Avenue SW, Washington, DC 
20585-0121. Telephone: (202) 586-7335. Email: 
[email protected].
    Mr. Eric Stas, U.S. Department of Energy, Office of the General 
Counsel, GC-33, 1000 Independence Avenue SW. Washington, DC 20585-0121. 
Telephone: (202) 586-5827. Email: [email protected].
    For further information on how to submit a comment or review other 
public comments and the docket, contact the Appliance and Equipment 
Standards Program staff at (202) 287-1445 or by email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
    A. Authority and Background
    B. Rulemaking History
II. Request for Information
    A. Scope and Definitions
    B. Test Procedure
    1. Updates to Industry Standards
    2. Other Potential Updates to the Federal Test Method
    C. Test Procedure Waivers
    D. Other Test Procedure Topics
III. Submission of Comments

I. Introduction

    Consumer water heaters are included in the list of ``covered 
products'' for which DOE is authorized to establish and amend energy 
conservation standards and test procedures. (42 U.S.C. 6292(a)(4)) 
DOE's test procedures for consumer water heaters are prescribed at 
Title 10 of the Code of Federal Regulations (CFR) Part 430, Subpart B, 
Appendix E (Appendix E). As discussed below, residential-duty 
commercial water heaters, for which DOE is also authorized to establish 
and amend energy conservation standards and test procedures (42 U.S.C. 
6311(k)), also must be tested according to Appendix E. (See 42 U.S.C. 
6295(e)(6)(H)) The following sections discuss DOE's authority to 
establish and amend test procedures for consumer water heaters and 
residential-duty commercial water heaters, as well as relevant 
background information regarding DOE's consideration of test procedures 
for this product and equipment.

A. Authority and Background

    The Energy Policy and Conservation Act, as amended (EPCA),\1\ among 
other

[[Page 21105]]

things, authorizes DOE to regulate the energy efficiency of a number of 
consumer products and certain industrial equipment. (42 U.S.C. 6291-
6317) Title III, Part B \2\ of EPCA, Public Law 94-163 (42 U.S.C. 6291-
6309, as codified), established the Energy Conservation Program for 
Consumer Products Other Than Automobiles, which sets forth a variety of 
provisions designed to improve energy efficiency. These products 
include consumer water heaters, the subject of this RFI. (42 U.S.C. 
6292(a)(4)) Title III, Part C \3\ of EPCA, Public Law 94-163 (42 U.S.C. 
6311-6317, as codified), added by Public Law 95-619, Title IV, section 
441(a), established the Energy Conservation Program for Certain 
Industrial Equipment, which again sets forth a variety of provisions 
designed to improve energy efficiency. This equipment includes 
commercial water heaters, which are also the subject of this RFI. (42 
U.S.C. 6311(1)(k))
---------------------------------------------------------------------------

    \1\ All references to EPCA in this document refer to the statute 
as amended through America's Water Infrastructure Act of 2018, 
Public Law 115-270 (Oct. 23, 2018).
    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated Part A.
    \3\ For editorial reasons, upon codification in the U.S. Code, 
Part C was redesignated Part A-1.
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    The energy conservation program under EPCA consists essentially of 
four parts: (1) Testing, (2) labeling, (3) Federal energy conservation 
standards, and (4) certification and enforcement procedures. Relevant 
provisions of EPCA specifically include definitions (42 U.S.C. 6291; 42 
U.S.C. 6311), energy conservation standards (42 U.S.C. 6295; 42 U.S.C. 
6313), test procedures (42 U.S.C. 6293; 42 U.S.C. 6314), labeling 
provisions (42 U.S.C. 6294; 42 U.S.C. 6315), and the authority to 
require information and reports from manufacturers (42 U.S.C. 6296; 42 
U.S.C. 6316).
    Federal energy efficiency requirements for covered products and 
covered equipment established under EPCA generally supersede State laws 
and regulations concerning energy conservation testing, labeling, and 
standards. (42 U.S.C. 6297(a)-(c); 42 U.S.C. 6316(a) and (b)) DOE may, 
however, grant waivers of Federal preemption in limited circumstances 
for particular State laws or regulations, in accordance with the 
procedures and other provisions of EPCA. (42 U.S.C. 6297(d); 42 U.S.C. 
6316(a); 42 U.S.C. 6316(b)(2)(D))
    The Federal testing requirements consist of test procedures that 
manufacturers of covered products and commercial equipment must use as 
the basis for: (1) Certifying to DOE that their products comply with 
the applicable energy conservation standards adopted pursuant to EPCA 
(42 U.S.C. 6295(s); 42 U.S.C. 6296; 42 U.S.C. 6316(a)-(b)), and (2) 
making representations about the efficiency of those products (42 
U.S.C. 6293(c); 42 U.S.C. 6314(d)). Similarly, DOE must use these test 
procedures to determine whether the products comply with relevant 
standards promulgated under EPCA. (42 U.S.C. 6295(s))
    Under 42 U.S.C. 6293, the statute sets forth the criteria and 
procedures DOE must follow when prescribing or amending test procedures 
for covered products. Specifically, EPCA requires that any test 
procedures prescribed or amended shall be reasonably designed to 
produce test results which measure energy efficiency, energy use, or 
estimated annual operating cost of a covered product during a 
representative average use cycle or period of use and not be unduly 
burdensome to conduct. (42 U.S.C. 6293(b)(3)) Under 42 U.S.C. 6314, the 
statute sets forth the criteria and procedures DOE must follow when 
prescribing or amending test procedures for covered equipment, reciting 
similar requirements at 42 U.S.C. 6314(a)(2).
    If DOE determines that a test procedure amendment is warranted, it 
must publish proposed test procedures in the Federal Register and offer 
the public an opportunity to present oral and written comments on them. 
(42 U.S.C. 6293(b)(2); 42 U.S.C. 6314(b))
    In addition, the Energy Independence and Security Act of 2007 (EISA 
2007) amended EPCA to require that DOE amend its test procedures for 
all covered consumer products to integrate measures of standby mode and 
off mode energy consumption into the overall energy efficiency, energy 
consumption, or other energy descriptor, taking into consideration the 
most current versions of Standards 62301 and 62087 of the International 
Electrotechnical Commission (IEC), unless the current test procedure 
already incorporates the standby mode and off mode energy consumption, 
or if such integration is technically infeasible. (42 U.S.C. 
6295(gg)(2)(A)) If an integrated test procedure is technically 
infeasible, DOE must prescribe separate standby mode and off mode 
energy use test procedures for the covered product, if a separate test 
is technically feasible. (Id.)
    The American Energy Manufacturing Technical Corrections Act 
(AEMTCA), Public Law 112-210, further amended EPCA to require that DOE 
establish a uniform efficiency descriptor and accompanying test methods 
to replace the energy factor (EF) metric for covered consumer water 
heaters and the thermal efficiency (TE) and standby loss (SL) metrics 
for commercial water-heating equipment \4\ within one year of the 
enactment of AEMTCA. (42 U.S.C. 6295(e)(6)(B)-(C)) The uniform 
efficiency descriptor and accompanying test method were required to 
apply, to the maximum extent practicable, to all water-heating 
technologies in use at the time and to future water-heating 
technologies, but could exclude specific categories of covered water 
heaters that do not have residential uses, can be clearly described, 
and are effectively rated using the TE and SL descriptors. (42 U.S.C. 
6295(e)(6)(F) and (H)) In addition, beginning one year after the date 
of publication of DOE's final rule establishing the uniform descriptor, 
the efficiency standards for covered water heaters were required to be 
denominated according to the uniform efficiency descriptor established 
in the final rule (42 U.S.C. 6295(e)(6)(D)); and for affected covered 
water heaters tested prior to the effective date of the test procedure 
final rule, DOE was required to develop a mathematical factor for 
converting the measurement of their energy efficiency from the EF, TE, 
and SL metrics to the new uniform energy descriptor. (42 U.S.C. 
6295(e)(6)(E)(i)-(ii))
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    \4\ The initial thermal efficiency and standby loss test 
procedures for commercial water heating equipment (including 
residential-duty commercial water heaters) were added to EPCA by the 
Energy Policy Act of 1992 (EPACT 1992), Public Law 102-486, and 
corresponded to those referenced in the American Society of Heating, 
Refrigerating and Air-Conditioning Engineers (ASHRAE) and 
Illuminating Engineering Society of North America (IESNA) Standard 
90.1-1989 (i.e., ASHRAE Standard 90.1-1989). (42 U.S.C. 
6314(a)(4)(A)) DOE subsequently updated the commercial water heating 
equipment test procedures on two separate occasions--once in a 
direct final rule published on October 21, 2004, and again in a 
final rule published on May 16, 2012 (77 FR 28928). These rules 
incorporated by reference certain sections of the latest versions of 
American National Standards Institute (ANSI) Standard Z21.10.3, Gas 
Water Heaters, Volume III, Storage Water Heaters with Input Ratings 
Above 75,000 Btu Per Hour, Circulating and Instantaneous, available 
at the time (i.e., ANSI Z21.10.3-1998 and ANSI Z21.10.3-2011, 
respectively). 69 FR 61974, 61983 (Oct. 21, 2004) and 77 FR 28928, 
28996 (May 16, 2012).
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    The Energy Efficiency Improvement Act of 2015 (EEIA 2015), Public 
Law 114-11, was enacted on April 30, 2015. The EEIA 2015 amended EPCA, 
in relevant part, by adding definitions for ``grid-enabled water 
heater'' and ``activation lock'' at 42 U.S.C. 6295(e)(5)(A). These 
products are intended for use as part of an electric thermal storage or 
demand response program. Among the criteria that define ``grid-enabled 
water heaters'' is an energy-related performance standard that is 
either an EF specified by a formula set forth in the statute, or an 
equivalent alternative standard that DOE may prescribe. (42 U.S.C.

[[Page 21106]]

6295(e)(5)(A)(III)(aa) and (bb)) In addition, the EEIA 2015 amendments 
to EPCA also directed DOE to require reporting on shipments and 
activations of grid-enabled water heaters and to establish procedures, 
if appropriate, to prevent product diversion for non-program purposes. 
(42 U.S.C. 6295(e)(5)(C)-(D))
    EPCA also requires that, at least once every 7 years, DOE evaluate 
test procedures for each type of covered product and covered equipment, 
including consumer water heaters and the commercial water heaters that 
are the subject of this RFI, to determine whether amended test 
procedures would more accurately or fully comply with the requirements 
for the test procedures to not be unduly burdensome to conduct and be 
reasonably designed to produce test results that reflect energy 
efficiency, energy use, and estimated operating costs during a 
representative average use cycle (or additionally, period of use for 
consumer products). (42 U.S.C. 6293(b)(1)(A); 42 U.S.C. 6314(a)) If the 
Secretary determines, on his own behalf or in response to a petition by 
any interested person, that a test procedure should be prescribed or 
amended, the Secretary shall promptly publish in the Federal Register 
proposed test procedures and afford interested persons an opportunity 
to present oral and written data, views, and arguments with respect to 
such procedures. The comment period on a proposed rule to amend a test 
procedure for consumer products shall be at least 60 days \5\ and may 
not exceed 270 days. In prescribing or amending a test procedure, the 
Secretary shall take into account such information as the Secretary 
determines relevant to such procedure, including technological 
developments relating to energy use or energy efficiency of the type 
(or class) of covered products involved. (42 U.S.C. 6293(b)(2)) If DOE 
determines that test procedure revisions are not appropriate, DOE must 
publish in the Federal Register its determination not to amend the test 
procedures. (42 U.S.C. 6293(b)(1)(A); 42 U.S.C. 6314(a)(1)(A)(ii)) DOE 
is publishing this RFI to collect data and information to inform its 
decision in satisfaction of the 7-year-lookback review requirement 
specified in EPCA.
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    \5\ For covered equipment, if the Secretary determines that a 
test procedure amendment is warranted, the Secretary must publish 
proposed test procedures in the Federal Register, and afford 
interested persons an opportunity (of not less than 45 days' 
duration) to present oral and written data, views, and arguments on 
the proposed test procedures. (42 U.S.C. 6314(b))
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B. Rulemaking History

    As stated, DOE's current test procedure for consumer water heaters 
appears at Appendix E.
    DOE first established consumer water heater test procedures in a 
final rule published in the Federal Register on October 4, 1977. 42 FR 
54110. These original procedures coupled laboratory tests with 
calculations to obtain estimates of energy efficiency for storage-type 
electric, gas-fired, and oil-fired water heaters. The laboratory tests 
consisted of a cold start ``recovery efficiency test,'' which measured 
the ability of a water heater to heat cold water, and a ``standby loss 
test,'' which measured the energy loss of a water heater when not 
providing heated water. Id. at 54118. Recovery efficiency and percent 
standby loss were mathematically combined to obtain an energy factor 
(EF), the overall measure of water heater efficiency. Id. at 54116. The 
original procedures also included calculations for determining the 
average daily energy consumption and annual operating costs. Id. at 
54116, 54119.
    On October 19, 1978, DOE published a final rule to amend the 
consumer water heater test procedures to correct for an error in the 
derivation of EF. The correction specified that the useful output 
(i.e., the numerator in EF equation) shall be the ``daily hot water 
energy consumption,'' a new term which was defined in this rule. 43 FR 
48986.
    DOE amended the consumer water heater test procedures in a final 
rule published on September 7, 1979, to prescribe a measure of a water 
heater's useful capacity, which DOE called first-hour rating (FHR). The 
FHR was defined as the maximum hourly demand which could be met by the 
water heater. 44 FR 52632.
    On October 17, 1990, DOE published a final rule further updating 
the consumer water heater test procedure. 55 FR 42162. This final rule 
extended coverage to heat pump water heaters and instantaneous-type 
water heaters; revised the test procedure to allow for a single test 
for all types of water heaters, establishing a simulated-use test that 
included a six-hour draw test; and revised the FHR test from a 
calculated estimate to a direct measurement to more accurately 
determine a water heater's ability to supply hot water.
    DOE further amended the consumer water heater test procedure by 
final rules published in the Federal Register on May 11, 1998 (May 1998 
final rule), July 20, 1998 (July 1998 final rule), and January 17, 2001 
(January 2001 final rule). 63 FR 25996; 63 FR 38737; 66 FR 4474. The 
May 1998 final rule revised the FHR test to more accurately test large 
storage-type water heaters and updated the testing for electric and 
gas-fired instantaneous water heaters from the FHR test to the maximum 
gallons per minute (max GPM) test. The July 1998 final rule was a 
technical correction that added figures to the test procedure, and the 
January 2001 final rule added a definition for ``tabletop water 
heater'' to the test procedure.
    As discussed, the EISA 2007 amendments to EPCA required DOE to 
amend its test procedures for all covered consumer products to include 
the measurement of standby mode and off mode energy consumption, unless 
the current test procedure already incorporates the standby mode and 
off mode energy consumption, or if such integration is technically 
infeasible. (42 U.S.C. 6295(gg)(2)(A)) On December 17, 2012, DOE 
published a final rule that concluded that no modifications were needed 
to the consumer water heater test procedure to account for standby mode 
and off mode energy consumption, as the existing test procedure already 
accounted for those modes of energy consumption. 77 FR 74559.
    Pursuant to the requirements of the AEMTCA amendments to EPCA 
discussed previously, DOE updated the consumer water heater test 
procedure through a final rule published on July 11, 2014 (July 2014 
final rule). 79 FR 40542. The July 2014 final rule established a 
uniform energy descriptor (i.e., UEF) for all consumer water heaters 
and for commercial water heaters with consumer applications (i.e., 
those commercial water heaters that met the newly established 
definition of a ``residential-duty commercial water heater''; extended 
coverage to eliminate certain gaps in the previous version of the 
consumer water heater test procedure including small-volume storage 
water heaters (i.e., with storage volumes between 2 and 20 gallons), 
large volume water heaters (i.e., greater than 100 gallons for gas-
fired and oil-fired storage water heaters and greater than 120 gallons 
for electric storage water heaters), and electric instantaneous water 
heaters; updated the simulated-use test draw pattern to be a function 
of equipment capacity as measured by the FHR or max GPM test; and 
updated the outlet water temperature test condition requirement.
    As indicated, the uniform energy descriptor and the consumer water 
heater test procedure apply to ``residential-duty commercial water 
heaters,'' which were initially defined

[[Page 21107]]

in the July 2014 final rule and include commercial water heaters with 
consumer applications. 79 FR 40542, 40586; 10 CFR 431.106(b)(1) and 10 
CFR 431.110(b). DOE later amended the definition of a ``residential-
duty commercial water heater'' in a final rule published on November 
10, 2016, to define such equipment as any gas-fired storage, oil-fired 
storage, or electric instantaneous commercial water heater that meets 
the following conditions: (1) For models requiring electricity, uses 
single-phase external power supply; (2) Is not designed to provide 
outlet hot water at temperatures greater than 180 [deg]F; and (3) Does 
not meet any of the following criteria:

------------------------------------------------------------------------
                                           Indicator of non-residential
           Water heater type                       application
------------------------------------------------------------------------
Gas-fired Storage......................  Rated input >105 kBtu/h; Rated
                                          storage volume >120 gallons.
Oil-fired Storage......................  Rated input >140 kBtu/h; Rated
                                          storage volume >120 gallons.
Electric Instantaneous.................  Rated input >58.6 kW; Rated
                                          storage volume >2 gallons.
------------------------------------------------------------------------

    81 FR 79261, 79321-79322 (Nov. 10, 2016); 10 CFR 431.102.
    Pursuant to EEIA 2015, DOE published a final rule on August 11, 
2015 (August 2015 final rule), which codified the changes required by 
EEIA 2015. 80 FR 48004. These changes included adding definitions for 
``grid-enabled water heater'' and ``activation lock'' to 10 CFR 430.2 
and adding energy conservation standards with levels set in terms of 
the EF metric, to 10 CFR 430.32(d). Id. at 48009-48010.
    On December 29, 2016, DOE published a final rule (December 2016 
final rule) that denominated the efficiency standards in terms of the 
uniform efficiency descriptor (i.e., the UEF metric) and established 
mathematical conversion factors to translate the EF, TE, and SL metrics 
to the UEF metric. 81 FR 96204. The published conversion factors were 
only applicable for converting test results for one year after the 
publication of the December 2016 final rule as required by EPCA, as 
amended by AEMTCA. Id. at 96204, 96204. Therefore, the conversion 
factors published to translate previously tested EF, TE, and SL values 
to converted UEF values were removed from 10 CFR 429.17 on December 29, 
2017, at which time all rated UEF values were to be based on actual 
testing to the test procedure published in the July 2014 final rule 
(i.e., to the UEF test procedure).

II. Request for Information

    In the following sections, DOE has identified a variety of issues 
on which it seeks input to aid in the development of the technical and 
economic analyses regarding whether amended test procedures for 
consumer water heaters and residential-duty commercial water heaters 
are warranted so as to more accurately or fully comply with the 
requirements in EPCA that test procedures: (1) Be reasonably designed 
to produce test results which reflect energy efficiency, energy use, or 
estimated annual operating cost during a representative average use 
cycle or period of use, and (2) not be unduly burdensome to conduct. 
(42 U.S.C. 6293(b)(3); 42 U.S.C. 6314(a)(2)) Specifically, DOE is 
requesting comment on any opportunities to streamline and simplify 
testing requirements for consumer water heaters and residential-duty 
commercial water heaters.
    Further, the Department recently published an RFI regarding test 
procedures across the full range of consumer products and commercial 
equipment that fall under its regulatory authority pursuant to EPCA. In 
that RFI, DOE noted that over time, many of DOE's test procedures have 
been amended to account for products' and equipment's increased 
functionality and modes of operation. DOE's intent in issuing that RFI 
was to gather information to ensure that the inclusion of measurement 
provisions in its test procedures associated with such increased 
functionality has not inadvertently compromised the measurement of 
representative average use cycles or periods of use, and made some test 
procedures unnecessarily burdensome. 84 FR 9721 (March 18, 2019). 
Although the comment period on the March 2019 RFI has since closed, DOE 
seeks comment on this issue as it specifically pertains to the test 
procedure for the consumer water heaters and residential-duty 
commercial water heaters that are the subject of this current RFI.
    DOE seeks comment on whether there have been changes in product 
testing methodology or new products on the market since the last test 
procedure update that may create the need to make amendments to the 
test procedure for consumer water heaters and residential-duty 
commercial water heaters. Specifically, DOE seeks data and information 
that could enable the agency to propose that the current test procedure 
produces results that are representative of an average use cycle for 
the product and is not unduly burdensome to conduct, and, therefore, 
does not need amendment. DOE also seeks information on whether an 
existing private-sector-developed test procedure would produce such 
results and should be adopted by DOE rather than DOE establishing its 
own test procedure, either entirely or by adopting only certain 
provisions of one or more private-sector-developed tests.
    Additionally, DOE welcomes comments on other issues relevant to the 
conduct of this process that may not specifically be identified 
elsewhere in this document. In particular, DOE notes that under section 
1 of Executive Order 13771, ``Reducing Regulation and Controlling 
Regulatory Costs,'' Executive Branch agencies such as DOE are directed 
to manage the costs associated with the imposition of expenditures 
required to comply with Federal regulations. See 82 FR 9339 (Feb. 3, 
2017). Consistent with that Executive Order, DOE encourages the public 
to provide input on measures DOE could take to lower the cost of its 
test procedure regulations applicable to consumer water heaters and 
residential-duty commercial water heaters consistent with the 
requirements of EPCA.

A. Scope and Definitions

    This RFI covers those products that meet the definitions for 
consumer ``water heater,'' in the statute at 42 U.S.C. 6291(27), as 
codified at 10 CFR 430.2. This RFI also covers commercial water heating 
equipment with residential applications meeting the definition of a 
``residential-duty commercial water heater,'' as codified at 10 CFR 
431.102.
    In the context of covered consumer products, EPCA defines ``water 
heater'' as a product which utilizes oil, gas, or electricity to heat 
potable water for use outside the heater upon demand, including--

    (a) Storage type units which heat and store water at a 
thermostatically controlled temperature, including gas storage water 
heaters with an input of 75,000 Btu per hour or less, oil storage 
water heaters with an input of 105,000 Btu per hour or less, and 
electric storage water heaters with an input of 12 kilowatts or 
less;
    (b) Instantaneous type units which heat water but contain no 
more than one gallon of water per 4,000 Btu per hour of input, 
including gas instantaneous water heaters with an input of 200,000 
Btu per hour or less, oil instantaneous water heaters with an input 
of 210,000 Btu per hour or less, and electric instantaneous water 
heaters with an input of 12 kilowatts or less; and
    (c) Heat pump type units, with a maximum current rating of 24 
amperes at a voltage no greater than 250 volts, which are products

[[Page 21108]]

designed to transfer thermal energy from one temperature level to a 
higher temperature level for the purpose of heating water, including 
all ancillary equipment such as fans, storage tanks, pumps, or 
controls necessary for the device to perform its function.

    (42 U.S.C. 6291(27); 10 CFR 430.2)
    In addition, at 10 CFR 430.2, DOE further defines several specific 
categories of consumer water heaters, as follows:

    (1) ``Electric instantaneous water heater'' means a water heater 
that uses electricity as the energy source, has a nameplate input 
rating of 12 kW or less, and contains no more than one gallon of 
water per 4,000 Btu per hour of input.
    (2) ``Electric storage water heater'' means a water heater that 
uses electricity as the energy source, has a nameplate input rating 
of 12 kW or less, and contains more than one gallon of water per 
4,000 Btu per hour of input.
    (3) ``Gas-fired instantaneous water heater'' means a water 
heater that uses gas as the main energy source, has a nameplate 
input rating less than 200,000 Btu/h, and contains no more than one 
gallon of water per 4,000 Btu per hour of input.
    (4) ``Gas-fired storage water heater'' means a water heater that 
uses gas as the main energy source, has a nameplate input rating of 
75,000 Btu/h or less, and contains more than one gallon of water per 
4,000 Btu per hour of input.
    (5) ``Grid-enabled water heater'' means an electric resistance 
water heater that--
    (a) Has a rated storage tank volume of more than 75 gallons;
    (b) Is manufactured on or after April 16, 2015;
    (c) Is equipped at the point of manufacture with an activation 
lock and;
    (d) Bears a permanent label applied by the manufacturer that--
    (i) Is made of material not adversely affected by water;
    (ii) Is attached by means of non-water-soluble adhesive; and
    (iii) Advises purchasers and end-users of the intended and 
appropriate use of the product with the following notice printed in 
16.5 point Arial Narrow Bold font: ``IMPORTANT INFORMATION: This 
water heater is intended only for use as part of an electric thermal 
storage or demand response program. It will not provide adequate hot 
water unless enrolled in such a program and activated by your 
utility company or another program operator. Confirm the 
availability of a program in your local area before purchasing or 
installing this product.''
    (6) ``Oil-fired instantaneous water heater'' means a water 
heater that uses oil as the main energy source, has a nameplate 
input rating of 210,000 Btu/h or less, and contains no more than one 
gallon of water per 4,000 Btu per hour of input.
    (7) ``Oil-fired storage water heater'' means a water heater that 
uses oil as the main energy source, has a nameplate input rating of 
105,000 Btu/h or less, and contains more than one gallon of water 
per 4,000 Btu per hour of input.

    The definition for ``grid-enabled water heater'' includes the term 
``activation lock,'' which is defined to mean a control mechanism 
(either by a physical device directly on the water heater or a control 
system integrated into the water heater) that is locked by default and 
contains a physical, software, or digital communication that must be 
activated with an activation key to enable the product to operate at 
its designed specifications and capabilities and without which the 
activation of the product will provide not greater than 50 percent of 
the rated first-hour delivery of hot water certified by the 
manufacturer. 10 CFR 430.2.
    Issue A.1: DOE requests comment on the definitions currently 
applicable to consumer water heaters and whether any of the definitions 
should be revised, and if so, how. Please provide a rationale for any 
suggested change.
    DOE had previously established a separate product class and 
definition for ``tabletop water heater,'' which was defined in Appendix 
E as a water heater in a rectangular box enclosure designed to slide 
into a kitchen countertop space with typical dimensions of 36 inches 
high, 25 inches deep, and 24 inches wide. 66 FR 4474, 4497 (Jan. 17, 
2001). The definition for ``tabletop water heater'' was removed from 
Appendix E as part of the July 2014 final rule, and was inadvertently 
not added to 10 CFR 430.2. 79 FR 40542, 40567-40568 (July 11, 2014). 
However, energy conservation standards for tabletop water heaters are 
still specified at 10 CFR 430.32(d). DOE tentatively plans to consider 
such products in any rulemaking that would result from this RFI, 
including adding the definition for these products to 10 CFR 430.2.
    Issue A.2: DOE requests feedback on whether the previous definition 
for ``tabletop water heater'' is still appropriate, and whether such 
products should continue to be considered separately from other classes 
of consumer water heaters.
    As stated previously, Appendix E covers certain commercial water 
heating equipment defined as ``residential-duty commercial water 
heaters'' as defined at 10 CFR 431.102. As noted, ``residential-duty 
commercial water heater'' is defined as any gas-fired storage, oil-
fired storage, or electric instantaneous commercial water heater that 
meets the following conditions: (1) For models requiring electricity, 
uses single-phase external power supply; (2) Is not designed to provide 
outlet hot water at temperatures greater than 180 [deg]F; and (3) Does 
not meet any of the following criteria:

------------------------------------------------------------------------
                                           Indicator of non-residential
           Water heater type                       application
------------------------------------------------------------------------
Gas-fired Storage......................  Rated input >105 kBtu/h; Rated
                                          storage volume >120 gallons.
Oil-fired Storage......................  Rated input >140 kBtu/h; Rated
                                          storage volume >120 gallons.
Electric Instantaneous.................  Rated input >58.6 kW; Rated
                                          storage volume >2 gallons.
------------------------------------------------------------------------

    10 CFR 431.102.
    Issue A.3: DOE requests comment on the definition for 
``residential-duty water heater,'' which are subject to the Appendix E 
test method for consumer water heaters. Please provide the rationale 
for any suggested changes.

B. Test Procedure

    DOE's current test procedure for consumer water heaters and 
residential-duty commercial water heaters includes a storage volume 
test (if the rated storage volume of the water heater is above 2 
gallons), a delivery capacity test (either the FHR or max GPM tests), 
and a 24-hour simulated-use test. See sections 5.2.1, 5.3, and 5.4 of 
Appendix E, respectively. The FHR test is conducted on non-flow-
activated water heaters and provides an estimate of the maximum volume 
of hot water that a water heater can supply within an hour. The max GPM 
test is conducted on flow-activated water heaters and represents the 
maximum flow rate of hot water that can be supplied by the water heater 
while maintaining a nominal temperature rise during steady-state 
operation. The 24-hour simulated-use test approximates an actual day of 
use for a typical consumer, and it is conducted at one of four possible 
draw patterns (very small, low, medium, and high) which are determined 
from the results of the delivery capacity test (i.e., either the FHR or 
max GPM test). Draw patterns are a specified series of draws for which 
the draw start time, volume removed, and flow rate are specified. The 
sections below address specific test procedure issues on which DOE 
seeks comment and information.
1. Updates to Industry Standards
    ASHRAE maintains a published water heater test procedure titled, 
``ANSI/ASHRAE Standard 118.2-2006 (RA 2015), Method of Testing for 
Rating Residential Water Heaters.'' The ANSI/ASHRAE 118.2-2006 (RA 
2015) test procedure is similar to the DOE test procedure that was in 
effect prior to the July 2014 final rule, although there is no direct 
relationship between the ANSI/ASHRAE and DOE test method (i.e., neither 
the former nor the current DOE

[[Page 21109]]

consumer water heater test procedure include any reference to ANSI/
ASHRAE Standard 118.2). In March 2019, ASHRAE published the second 
public review draft of Board of Standards Review (BSR) ANSI/ASHRAE 
Standard 118.2-2006R, ``Method of Testing for Rating Residential Water 
Heaters and Residential-Duty Commercial Water Heaters'' (ASHRAE Draft 
118.2). ASHRAE Draft 118.2 is very similar to the DOE consumer water 
heater test procedure but includes some differences throughout, some of 
which would result in test procedure results different from the DOE 
test procedure. While DOE would only consider incorporation by 
reference (IBR) of a finalized version of ASHRAE Draft 118.2, DOE is 
interested in receiving comments on the merits of the draft in 
anticipation of such a possibility, or to consider incorporating 
aspects of the draft into a revised DOE test procedure. The differences 
between ASHRAE Draft 118.2 and the DOE test procedure are discussed in 
the paragraphs that follow.
a. Temperature and Humidity Test Conditions
    ASHRAE Draft 118.2 replaces the use of specified values for inlet 
water temperature, outlet water temperature, ambient temperature, and 
relative humidity with variables used as placeholders. This approach 
generalizes the test method to be applicable to any set of test 
conditions for these four parameters. Consequently, for each individual 
test, the testing laboratory must decide which specific values to use 
for each parameter. The test conditions corresponding to DOE's consumer 
water heater test procedure are provided in an appendix to ASHRAE Draft 
118.2 for reference only. As such, if DOE were to incorporate a 
finalized version of ASHRAE Draft 118.2, the Department would need to 
specify the test conditions at which to perform the test.
    ASHRAE Draft 118.2 includes additional criteria to the start of the 
FHR test, as compared to DOE's test procedure. Section 5.3.3.3 of 
Appendix E of the current DOE test procedure states that prior to the 
start of the FHR test, if the water heater is not operating (heating 
water), initiate a draw until cut-in (i.e., when the water heater 
begins heating water). The draw is then terminated any time after cut-
in, and the water heater is allowed to operate until cut-out (i.e., 
when the water heater stops heating water). When the maximum mean tank 
temperature is observed after cut-out, the initial draw of the FHR test 
begins. ASHRAE Draft 118.2 specifies that the draw preceding the 
initial draw of the FHR test must proceed until the outlet temperature 
drops 15 [deg]F below the maximum outlet temperature observed, or until 
a cut-in occurs, whichever is longer. Requiring the outlet temperature 
to drop 15 [deg]F below the maximum outlet temperature may provide a 
more consistent starting condition for the FHR test compared to the 
pre-conditioning method specified in the current DOE test procedure 
since draws of varying lengths can create different internal tank 
temperature profiles. Thus, the additional requirement to end the pre-
conditioning draw, which in some cases would extend the draw length as 
compared to the current DOE test procedure, could increase the 
repeatability of the FHR test. However, DOE has found that there are 
models on the market with low storage volumes and high input rates that 
would be required to be tested to the FHR test but that are capable of 
delivering hot water indefinitely at the conditions specified in the 
FHR test. Such water heaters would never deliver an outlet temperature 
15 [deg]F below the maximum outlet temperature observed. Therefore, the 
FHR test could not start since this criterion of a 15 [deg]F drop below 
the outlet temperature, which would require a longer period than the 
cut-in, would never be met.
    Issue B.1: DOE requests feedback on whether the addition of an 
outlet temperature drop criterion for terminating the water draw prior 
to the start of the FHR test is appropriate and/or necessary. If an 
outlet temperature drop criterion is appropriate, DOE requests comment 
and data on whether 15 [deg]F is sufficiently representative, given 
consumer expectation, or whether a different threshold should be 
considered. DOE also requests information on any potential impact to 
the testing burden that would result from an outlet temperature drop 
criterion. Further, DOE requests comment on how to address water 
heaters that would not meet both initiation criteria (i.e., both a cut-
in and an outlet temperature drop) due to the ability to continuously 
deliver hot water at the prescribed test conditions.
    ASHRAE Draft 118.2 includes additional criteria regarding water 
draws during the FHR test, as compared to DOE's test procedure. The FHR 
test required in section 5.3.3 of Appendix E of the current test 
procedure specifies a series of water draws over the course of one 
hour. After each water draw is initiated, the draw is terminated when 
the outlet water temperature decreases 15 [deg]F from the maximum 
outlet water temperature measured during the draw. (For example, if 
after initiating a water draw, the outlet water temperature reaches a 
maximum temperature of 125 [deg]F, the water draw would continue until 
the outlet water temperature drops to 110 [deg]F, at which time the 
water draw would be terminated.) ASHRAE Draft 118.2 specifies that 
water draws during the FHR test terminate if either: (1) The outlet 
water temperature decreases 15 [deg]F from the maximum outlet water 
temperature measured during the draw, or (2) the outlet water 
temperature decreases to 105 [deg]F, regardless of the maximum outlet 
water temperature measured during the draw. Setting a minimum 
temperature threshold of 105 [deg]F may contribute to a more 
representative result by ensuring that the unit provides sufficiently 
``hot'' water (i.e., representative of what a consumer would expect 
from a water heater) throughout the duration of the test. DOE could 
similarly consider implementing a minimum delivery temperature as a 
criterion for terminating water draws during the FHR test.
    Issue B.2: DOE requests feedback on whether the addition of a 
minimum delivery temperature as a criterion for terminating draws 
during the FHR test is appropriate and/or necessary. If a minimum 
delivery temperature criterion is appropriate, DOE requests comment and 
data on whether 105 [deg]F is sufficiently representative given 
consumer expectation, or whether a different threshold should be 
considered. DOE also requests information on any potential impact to 
the testing burden that would result from a minimum delivery 
temperature criterion.
b. Definitions, Symbols, and Figures
    ASHRAE Draft 118.2 defines ``gas-fired heat pump storage water 
heaters,'' as water heaters that:
    (a) use gas as the main energy source,
    (b) have a nameplate input rating of 20,000 Btu/h (26.4 MJ/h) or 
less,
    (c) have a maximum current rating of 24 amperes (including all 
auxiliary equipment such as fans, pumps, controls, and, if on the same 
circuit, any resistive elements) at an input voltage of no greater than 
250 volts,
    (d) have a rated storage volume not more than 120 gallons (450 
liters), and
    (e) are designed to transfer thermal energy from one temperature 
level to a higher temperature level to deliver water at a 
thermostatically controlled temperature less than or equal to 180 
[deg]F (82 [deg]C).
    The current DOE test method does not define the term ``gas-fired 
heat pump storage water heater.''

[[Page 21110]]

    Issue B.3: DOE requests feedback on the need for creating a 
separate definition for ``gas-fired heat pump storage water heater,'' 
or whether the current DOE definitions in 10 CFR 430.2 for ``gas-fired 
storage water heater'' and ``water heater,'' which includes ``heat pump 
type units,'' would adequately cover such products for the purpose of 
performing the DOE test procedure.
    ASHRAE Draft 118.2 also defines ``electric heat pump storage water 
heaters,'' as water heaters that:
    (a) use electricity as the energy source,
    (b) have a nameplate input rating of 12 kW (40,956 Btu/h) or less,
    (c) have a rated storage capacity of 120 gallons (450 L) or less,
    (d) are designed to transfer thermal energy from one temperature 
level to a higher temperature level for the purpose of heating water, 
and
    (e) are designed to heat and store water at a thermostatically-
controlled temperature less than or equal to 180 [deg]F (82[deg]C).
    Issue B.4: DOE requests feedback on the need for creating a 
separate definition for ``electric heat pump storage water heater,'' or 
whether the current DOE definitions in 10 CFR 430.2 for ``electric 
storage water heater'' and ``water heater,'' which includes ``heat pump 
type units,'' would adequately cover such products for the purpose of 
performing the DOE test procedure.
    DOE also notes that several definitions in ASHRAE Draft 118.2 limit 
the scope of products covered by the standard more narrowly than the 
definitions for consumer water heaters and relevant commercial water 
heater definitions contained in EPCA. (42 U.S.C. 6291(27) and 42 U.S.C. 
6311(12)(A)-(B)) For example, ASHRAE Draft 118.2 limits the storage 
volume for storage-type water heaters to 120 gallons or less and limits 
the maximum delivery temperature to 180 [deg]F (82 [deg]C) (whereas 
EPCA does not define limits on storage volume or maximum delivery 
temperature).
    Issue B.5: DOE requests comment on whether the ASHRAE Draft 118.2 
test method could be applied to water heaters beyond the scope defined 
in ASHRAE Draft 118.2 to cover all water heaters included within the 
scope of DOE's definitions for consumer water heaters and residential-
duty commercial water heaters. If modifications to ASHRAE Draft 118.2 
would be required to address testing of water heaters not within the 
scope of that draft, DOE requests comment on what those modifications 
would be.
    ASHRAE Draft 118.2 includes new figures that provide greater detail 
illustrating how to set up a water heater for test. For example, a 
purge (by-pass) loop is added to the inlet water line in all figures. 
Additional figures include a test set-up for an instantaneous water 
heater with connections on the top, a figure describing the placement 
of a thermal break \6\ in the inlet water line, and two figures showing 
configurations for the thermocouple tree, if it needs to be installed 
through the outlet water line. The thermal break is added to the test 
set-up to prevent heat from travelling up the inlet piping into the 
purge loop section. When purging before a draw, any heat that is 
transferred from the water heater through the inlet piping to the purge 
loop section would be lost, as the purge loop is replenished with cold 
supply water. The thermal break helps to prevent this heat loss.
---------------------------------------------------------------------------

    \6\ A ``thermal break'' is defined in ASHRAE Draft 118.2 as a 
nipple made of material that has thermal insulation properties 
(e.g., plastics) to insulate the by-pass loop from the inlet piping. 
It should be able to withstand a pressure of 150 psi and a 
temperature of 150 [deg]F.
---------------------------------------------------------------------------

    Issue B.6: DOE requests feedback on whether the figures in Appendix 
E should be updated to include additional detail, including the detail 
provided in the figures in ASHRAE Draft 118.2. If so, please address 
whether the additional specificity provided in the figures could be too 
restrictive for the purpose of the DOE test procedure, or whether such 
specificity would be justified by improving reproducibility of test 
results.
    Issue B.7: DOE requests feedback on whether a definition of 
``thermal break'' should be added to DOE's consumer water heater test 
procedure.
    Issue B.8: DOE requests feedback on the necessity of a thermal 
break if no by-pass or purge loop is included in the test set-up.
    Issue B.9: DOE requests feedback on whether the maximum temperature 
the thermal break must be able to withstand would appropriately be set 
at 150 [deg]F. If another threshold would be more appropriate, please 
provide a rationale for the alternate value.
c. Standby Loss Test
    The DOE test method includes a standby period measured between draw 
clusters one and two, during which data is recorded that is used to 
calculate the standby heat loss coefficient. See section 5.4.2 of 
Appendix E. ASHRAE Draft 118.2 adds a condition that the standby period 
data can only be recorded between the first and second draw clusters if 
the time between the observed maximum mean tank temperatures after cut-
out \7\ following the first draw cluster to the start of the second 
draw cluster is greater than or equal to 6 hours. Otherwise, ASHRAE 
Draft 118.2 states that the standby period data would be recorded after 
the last draw of the test. This condition is intended to ensure that a 
sufficiently long standby period is used to determine standby loss, 
which might make this calculation more repeatable and the results more 
representative of standby losses experienced in an average period of 
use. However, this might also cause the test to extend beyond a 24-hour 
duration. DOE could consider implementing a similar minimum standby 
period within the DOE test procedure.
---------------------------------------------------------------------------

    \7\ Section 1.2 of Appendix E defines ``cut-out'' as the time 
when or water temperature at which a water heater control or 
thermostat acts to reduce to a minimum the energy or fuel input to 
the heating elements, compressor, or burner.
---------------------------------------------------------------------------

    Issue B.10: DOE requests feedback on whether it should consider the 
addition of a minimum standby period length of 6 hours for use in the 
standby loss calculations, and on the appropriateness of recording this 
data after the final draw cluster when less than 6 hours of standby 
time occur between draw clusters one and two.
    For instances where the standby period occurs after the last draw 
of the test, ASHRAE Draft 118.2 includes a different method to end the 
24-hour simulated-use test, as compared to the method specified in the 
DOE test procedure at Appendix E. In section 5.4.2 of Appendix E, power 
to the main burner, heating element, or compressor is disabled during 
the last hour of the test. In ASHRAE Draft 118.2, power is not 
disabled, but, if a recovery occurs between an elapsed time of 23 hours 
following the start of the test (hour 23) and 24 hours following the 
start of the test (hour 24), the following alternate approach is 
applied to determine the energy consumed during the 24-hour test: The 
time, total energy used, and mean tank temperature are recorded at 1 
minute prior to the start of the recovery occurring between hour 23 and 
hour 24, along with the average ambient temperature from 1 minute prior 
to the start of the recovery occurring between hour 23 and hour 24 to 
hour 24 of the simulated-use test. These values are used to determine 
the total energy used by the water heater during the 24-hour simulated-
use test. This alternate calculation combines the total energy used 1 
minute prior to the start of the recovery occurring between hours 23 
and 24 and the standby loss experienced by the tank during the time 
between the minute prior to the recovery start and

[[Page 21111]]

hour 24. This change is included in ASHRAE Draft 118.2 so as not to 
artificially de-energize a water heater during the standby period. The 
modification should reduce the burden on test laboratories by 
eliminating the need to ensure that the unit is switched off for this 
one hour.
    Issue B.11: DOE requests feedback on whether it should consider an 
alternate procedure, similar to that in ASHRAE Draft 118.2, for the 
last hour of the 24-hour simulated-use test.
    Issue B.12: DOE requests feedback on whether the addition of 
standby loss in the total energy use calculation adequately represents 
the auxiliary energy use that is not measured between the minute prior 
to the start of the recovery occurring between hours 23 and 24, and 
hour 24 of the 24-hour simulated-use test.
d. Calculations
    The DOE test method includes a provision for the FHR test requiring 
that, if a draw is not in progress at one hour from the start of the 
test and, therefore, a final draw is imposed at the elapsed time of one 
hour, calculations are used to scale the volume drawn during the final 
draw. Sections 5.3.3.3 and 6.1 of Appendix E, respectively. The scaling 
of the final draw is based on the temperature of the water delivered 
during the final draw as compared to the temperature of the water 
delivered during the previous draw. The scaled final draw volume is 
then added to the total volume drawn during other draws to determine 
the FHR. ASHRAE Draft 118.2 removed the scaling calculation for the 
case in which a draw is not in progress at one hour from the start of 
the test and a final draw is imposed at the elapsed time of one hour. 
Instead, the ASHRAE Draft 118.2 method calculates FHR as the sum of the 
volume of hot water delivered without any scaling to the final draw. 
The methodology for conducting the FHR test, and in particular the 
issue of whether to scale the final draw, was considered during the May 
1998 final rule, and DOE determined at that time that a temperature 
correction factor was appropriate and was included to adjust the volume 
of the last draw to account for the lower heat content of the last draw 
compared to the earlier draws with fully heated water. 63 FR 25996, 
26004-26005 (May 11, 1998).
    Issue B.13: DOE requests feedback on whether the temperature 
correction scaling calculation should be maintained for the final draw 
in calculation of FHR for the case in which a draw is not in progress 
at one hour from the start of the test and is imposed at the elapsed 
time of one hour.
    Issue B.14: DOE requests feedback on the effect that removing the 
temperature correction factor would have on the rated FHR, draw 
pattern, and rated UEF values of the various types of non-flow-
activated water heaters that are tested to the FHR test.
    ASHRAE Draft 118.2 includes language clarifying that when the first 
recovery of the simulated-use test extends during a draw, the first 
recovery period extends until the end of that draw. The first recovery 
period is used in ASHRAE Draft 118.2 and section 6.3.2 of DOE's test 
procedure to calculate recovery efficiency. DOE's test procedure does 
not directly address how to calculate recovery efficiency if the first 
recovery period ends during a draw. Each of the parameters in the 
recovery efficiency equation are recorded at the end of the first 
recovery period (e.g., the total mass removed is recorded at the end of 
the first recovery period and not the end of the draw).
    Issue B.15: DOE requests feedback on whether additional 
specification should be added to Appendix E addressing the first 
recovery period ending during a draw.
    Issue B.16: DOE requests feedback on whether it is appropriate to 
extend the first recovery period to the end of the draw, or to end the 
recovery period at the end of the recovery. If extending the first 
recovery period to the end of the draw is appropriate, please address 
the situation where a second recovery is initiated prior to the ending 
of the draw. Please also address the appropriate calculation of the 
maximum mean tank temperature recorded after cut-out following the 
first recovery, Tmax,1.
    ASHRAE Draft 118.2 updated the recovery efficiency equation for 
water heaters with a rated storage volume greater than or equal to 2 
gallons (7.6 L) to address situations in which the recovery period 
lasts for more than one draw, as can occur while testing water heaters 
with long recovery times such as heat pump water heaters recovering 
using only the heat pump. The energy removed from the tank during each 
draw is summed and added to the change in stored energy in the tank 
from the start of the test to the maximum mean tank temperature 
observed after the end of the recovery period. Section 6.3.2 of the DOE 
test procedure also uses the total energy removed from the tank when 
more than one draw occurs during the first recovery period.
    Issue B.17: DOE requests feedback on whether the equation for 
recovery efficiency for water heaters with a rated storage volume 
greater than or equal to 2 gallons (7.6 L) should be updated to address 
when the recovery period lasts for more than one draw.
2. Other Potential Updates to the Federal Test Method
    Beyond considering the updates in the ASHRAE Draft 118.2 test 
method discussed in the previous section, DOE is also considering a 
number of potential updates to its test method in Appendix E that are 
not addressed in ASHRAE Draft 118.2. These updates are discussed in the 
paragraphs that follow.
a. Test Conditions
    Section 2.3 of Appendix E specifies maintaining the supply water 
temperature at 58 [deg]F  2 [deg]F (14.4 [deg]C  1.1 [deg]C). During the 24-hour simulated-use test, maintaining 
the supply water temperature within this range can be difficult at the 
immediate start of a draw due to the short time between draw initiation 
and the first measurement at 5 seconds (with subsequent measurements 
every 3 seconds thereafter), as required by section 5.4.2 or 5.4.3 of 
Appendix E. In some test configurations, particularly during the lower-
flow water draws, the inlet water and piping may retain heat from a 
previous draw, causing the water entering the unit during the initial 
measurements to be slightly outside of tolerance. Any supply water 
temperature reading outside of the test tolerances would invalidate a 
test. However, due to the small percentage of total water use that 
would be affected, supply water temperatures that are slightly out of 
tolerance for the first one or two data points would have a negligible 
effect on the overall test result.\8\ This issue is less evident during 
the FHR test, which specifies an initial temperature measurement 15 
seconds after the start of the water draw. This is not an issue during 
the max GPM test due to the system being in steady-state during the 
entire test.
---------------------------------------------------------------------------

    \8\ For example, the first two temperature readings would 
reflect 8 seconds of water flow, in comparison to total water draw 
durations ranging from 1 minute to over 8 minutes, according to the 
water draw patterns defined in Tables III.1, III.2, III.3, and III.4 
of Appendix E.
---------------------------------------------------------------------------

    Issue B.18: DOE requests feedback on whether one or two supply 
water temperature data points outside of the test tolerance at the 
beginning of a draw would have a measurable effect on the results of 
the test.
    Issue B.19: DOE requests feedback on whether DOE should consider 
relaxing the requirement for supply water temperature tolerances at the 
start of a draw, and if so, which methods are most

[[Page 21112]]

appropriate for doing so while maintaining accuracy and repeatability.
    Section 2.2 of Appendix E specifies maintaining ambient air 
temperature between 65.0 [deg]F and 70.0 [deg]F (18.3 [deg]C and 21.1 
[deg]C) on a continuous basis for all types of consumer water heaters 
(and residential-duty commercial water heaters) other than heat pump 
water heaters. For heat pump water heaters, ambient air temperature 
must be maintained between 67.5 [deg]F 1 [deg]F (19.7 
[deg]C  0.6 [deg]C), and the relative humidity must be 
maintained at 50%  2% throughout the test. For all water 
heaters, section 2.7.1 of Appendix E specifies maintaining the 
electrical supply voltage within  1% of the center of the 
voltage range specified by the manufacturer. Similar to the supply 
water temperature discussed above, a brief measurement of air 
temperature, relative humidity, or electrical supply voltage that is 
slightly outside of the test tolerance would invalidate a test, but 
likely has a negligible effect on the results of the test.
    Issue B.20: DOE requests feedback on whether the tolerances for 
ambient air temperature, relative humidity, and electrical supply 
voltage are difficult to maintain at the start of a draw, and if so, 
whether DOE should consider relaxing these requirements at the start of 
a draw. If DOE should consider relaxing these requirements, what should 
the tolerances be?
    DOE has conducted exploratory testing to investigate the effect of 
relative humidity (RH) on the measured UEF values of consumer gas-fired 
instantaneous water heaters. Two models, one non-condensing and the 
other condensing, were each tested twice at an RH of 50 percent and an 
RH of 80 percent (i.e., each model was tested four times, with two 
tests at an RH of 50 percent and two tests at an RH of 80 percent). The 
increase in relative humidity from 50 percent to 80 percent resulted in 
a maximum change in UEF for the non-condensing and condensing models of 
0.011 and 0.015, respectively.
    Issue B.21: DOE requests feedback on whether test conditions for 
relative humidity should extend to other consumer water heater types 
besides heat pump water heaters.
    For gas-fired water heaters, sections 2.7.2 and 2.7.3 of Appendix E 
require maintaining the gas supply pressure in accordance with the 
manufacturer's specifications; or, if the supply pressure is not 
specified, a supply pressure of 7-10 inches of water column (1.7-2.5 
kPa) for natural gas and 11-13 inches of water column (2.7-3.2 kPa) for 
propane gas must be maintained. In addition, for gas-fired water 
heaters with a pressure regulator, sections 2.7.2 and 2.7.3 require the 
regulator outlet pressure to be within 10 percent of the 
manufacturer's specified manifold pressure. From a review of product 
literature, DOE has found that many gas-fired water heaters with 
variable input burners have a factory preset manifold pressure that is 
computer-controlled and cannot be adjusted directly. Further, the 
manufacturer-specified manifold pressure typically refers to when the 
water heater is operating at the maximum firing rate.
    Issue B.22: DOE requests comment on whether sections 2.7.2 and 
2.7.3 should be amended to account for models where the manifold 
pressure cannot be adjusted directly and whether the 10% 
tolerance should apply only when firing to the manufacturer specified 
firing rate.
    In addition to the gas pressure requirements, section 5.2.3 
requires maintaining an hourly Btu rating (i.e., power input rate) that 
is within 2% of the value specified by the manufacturer 
(i.e., the nameplate value). DOE has observed during testing that for 
some gas-fired water heaters, a power input rate cannot be achieved 
that is within  2% of the nameplate value while maintaining 
the gas supply pressure and manifold pressure within the required 
ranges. In such instances, it is common practice for the testing 
laboratory to modify the size of the orifice that is shipped with the 
water heater; for example, the testing laboratory may enlarge the 
orifice to allow enough gas flow to achieve the nameplate input rating 
within the specified tolerance, if the power input rate is too low with 
the orifice as supplied. For commercial water heating equipment, DOE 
addressed this issue by specifying in the product-specific enforcement 
provisions that, after adjusting the manifold and supply pressures to 
their specified limits, if the fuel input rate is still not within 
 2 percent of the rated input, DOE will attempt to modify 
the gas inlet orifice. 10 CFR 429.134(n)(ii).
    Issue B.23: DOE requests comment regarding whether provisions 
should be added to the test procedure at Appendix E to address water 
heaters that cannot operate within  2 percent of the 
nameplate rated input as shipped from the factory. If so, DOE requests 
comment on how to address this issue, and whether it is appropriate to 
physically modify the orifice, similar to the direction for commercial 
water heaters.
b. Terminology
    In sections 5.3.3.1 and 5.3.3.2 of Appendix E, which describe 
general requirements and draw initiation criteria, respectively, for 
the FHR test, the term ``storage-type water heaters'' is used. However, 
the FHR applies to all water heaters that are not flow-activated, which 
could include non-flow-activated instantaneous water heaters with 
storage volumes above 2 gallons.
    Issue B.24: DOE requests feedback on whether to update the phrase 
``storage-type water heaters'' in section 5.3.3 to ``non-flow-activated 
water heaters.''
c. Test Set-up
    DOE is considering whether it should update the test set-up 
requirement for the location of a flow meter (when used), and/or 
specifications regarding how to determine the water density for the 
purpose of calculating the water mass removed from the water heater 
when volume is measured using a flow meter. In sections 6.3.2 and 6.4.1 
of Appendix E, both titled, ``Recovery Efficiency,'' the total mass of 
water removed (i.e., mass of water that flows through the outlet) from 
the start of the 24-hour simulated-use test to the end of the first 
recovery period (M1) is used to calculate recovery 
efficiency. The test procedure accommodates determining the total mass 
either directly (e.g., through the use of a weighing scale), or 
indirectly by multiplying the total volume removed (V1) 
(i.e., total volume of hot water flow through the outlet) by the 
density of water ([rho]1), which is required to be 
determined based on the water temperature at the point where the flow 
volume is measured.\9\ The test procedure does not specify where in the 
flow path the flow volume and density must be measured, which allows 
for laboratory test set-ups that measure the flow volume either on the 
cold inlet side of the water heater or on the hot outlet side. DOE is 
concerned that allowing the flow meter to be located on either the 
inlet or outlet side, and calculating the mass of the water that is 
heated during the test based on the density of the water where the flow 
meter is located, could result in differences in the mass of water that 
is calculated depending on whether the flow meter is in the inlet water 
line or the outlet water line. Because the inlet water is colder than 
at the outlet, it is also denser, meaning that the same volume of water 
has more mass at the inlet than the outlet. In addition, some of the 
mass of inlet water could, after being heated, expand out of the water 
heater into the expansion tank and be

[[Page 21113]]

purged prior to a draw.\10\ Any ``expanded'' volume of water that is 
lost through the purge line could be included in a volume measurement 
taken at the inlet, but not be included in a volume measurement taken 
at the outlet. To alleviate the potential for a mismatch between the 
mass of water measured at the inlet and outlet, DOE is considering 
whether to specify the location of the flow meter when one is used to 
determine the amount of water removed. Alternatively, if the volume of 
water going into the water heater will always be equivalent to the 
volume withdrawn, DOE could consider using the density at the hot 
outlet side for the purpose of calculating total mass of water removed 
in sections 6.3.2 and 6.4.1 of Appendix E, regardless of where flow 
volume is measured.
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    \9\ Although the DOE test procedure does not specify how to 
measure and/or calculate density, it is typically calculated using 
either a regression equation or density tables based on a specific 
temperature and pressure.
    \10\ The change in volume occurs because water expands and 
increases in volume as it is heated.
---------------------------------------------------------------------------

    Issue B.25: DOE requests feedback on whether the consumer water 
heater test procedure should require measurement of flow in the outlet 
water line to ensure that the mass of water removed from the tank is 
accurate. Alternatively, DOE is interested in comment on whether 
requiring density, [rho]1, to be determined based on the 
outlet temperature, rather than the temperature where the flow volume 
is measured, would alleviate this issue.
    In sections 6.3.5 and 6.4.2 of Appendix E, the mass withdrawn from 
each draw (Mi) is used to calculate the daily energy 
consumption of the heated water at the measured average temperature 
rise across the water heater (QHW). However, neither section 
includes a description of how to calculate the mass withdrawn for tests 
in which the mass is indirectly determined using density and volume 
measurements (as described above).
    Issue B.26: DOE requests feedback on whether to update the consumer 
water heater test procedure to include a description of how to 
calculate the mass withdrawn from each draw in cases where mass is 
indirectly determined using density and volume measurements.
    In section 6.3.3 of Appendix E titled, ``Hourly Standby Losses,'' 
the descriptions for cumulative energy consumption (Qsu,0 
and Qsu,f) and mean tank temperature (Tsu,0 and 
su,f) at the start and end of the standby period, along with 
the elapsed time, average storage tank and average ambient temperatures 
over the standby period (Tstby,1, Tt,stby,1 and 
Ta,stby,1, respectively) specifically refer to the standby 
period that would occur after the first draw cluster, but do not 
explicitly address the case where the standby period occurs after the 
last draw of the test.
    Issue B.27: DOE requests feedback on whether DOE should revise the 
descriptions of Qsu,0, Qsu,f, Tsu,0, 
su,f, [tau]stby,1, Tt,stby,1, and 
Ta,stby,1 to accommodate cases where the standby period 
occurs after the last draw of the test, in addition to cases where the 
standby period occurs after the first draw cluster.
d. Specific Considerations for Certain Consumer Water Heaters
    DOE has found that several manufacturers produce consumer gas-fired 
instantaneous water heaters that are designed to be used with a volume 
of stored water (usually in a tank, but sometimes in a recirculating 
hot water system of sufficient volume, such as a hydronic space heating 
or designated hot water system) where the water heater does not 
directly provide hot water to fixtures, such as a faucet or shower 
head, but rather replenishes heat lost from the tank or system through 
hot water draws or standby losses by circulating water to and from the 
tank or other system. These recirculating consumer gas-fired 
instantaneous water heaters are typically activated by an aquastat \11\ 
installed in a storage tank that is sold separately or by an inlet 
water temperature sensor. While the products identified by DOE are 
within the statutory and regulatory definition of a consumer ``water 
heater'' as a covered product, the design and application of 
recirculating gas-fired instantaneous water heaters makes testing to 
the consumer water heater test procedure difficult, if not impossible, 
as these products are not capable of delivering water at the 
temperatures and flow rates specified in the UEF test method. 
Modifications to the consumer water heater test procedure may be 
required to be more representative of typical use for these products. 
These modifications could include changes to inlet and/or outlet water 
temperature requirements or draw patterns (flow rate and timing). In 
addition, use of a representative storage tank may be considered.
---------------------------------------------------------------------------

    \11\ An ``aquastat'' is a temperature measuring device typically 
used to control the water temperature in a separate hot water 
storage tank.
---------------------------------------------------------------------------

    Issue B.28: DOE requests feedback on the typical application(s) in 
which recirculating gas-fired instantaneous water heaters are used.
    Issue B.29: DOE requests feedback on what changes to the consumer 
water heater test procedure may be necessary to appropriately test 
recirculating gas-fired instantaneous water heaters.
    Issue B.30: Additionally, DOE requests feedback on whether there is 
an industry standard that would allow for testing of recirculating gas-
fired instantaneous water heaters that would provide results 
representative of the energy use of these products for an average use 
cycle or period of use.
    DOE has identified flow-activated water heaters that are designed 
to deliver water at a temperature below the set point temperature of 
125 [deg]F  5 [deg]F (51.7 [deg]C  2.8 [deg]C) 
that is required by section 2.5 of Appendix E. These water heating 
products are typically marketed as handwashing or point-of-use water 
heaters. These units typically have low heating rates, which requires 
the testing agency to reduce the flow rate in order to be able to 
achieve the outlet temperature within the set point temperature range. 
However, these units have a minimum activation flow rate, below which 
the unit shuts off. Therefore, when the flow rate is too low, the unit 
will stop heating water, so there is no flow rate at which the unit 
will operate and deliver water at the required outlet temperature.
    Issue B.31: DOE requests feedback on whether language should be 
added to section 5.2.2.1 of Appendix E, titled, ``Flow-Activated Water 
Heaters, including certain instantaneous water heaters and certain 
storage-type water heaters,'' to allow for water heaters not designed 
to deliver water at 125 [deg]F  5 [deg]F (51.7 [deg]C 
 2.8 [deg]C) to be tested at a lower set point temperature, 
or whether other changes to the test method need to be made to 
accommodate these types of models (e.g., an additional draw pattern, 
product definition).
    DOE has identified water heating products with storage volumes less 
than 20 gallons and with input rates near or at the maximum input rate 
and considers them to be consumer water heaters. These products are 
sold in the consumer market and can be tested to the consumer water 
heater test procedure. Section 5.3.3 titled, ``First-Hour Rating'' of 
the consumer water heater test procedure at Appendix E requires that 
water heaters with storage volume less than 20 gallons be tested at 1.0 
 0.25 gpm (3.8  0.95 L/min), as opposed to 3.0 
 0.25 gpm (11.4  0.95 L/min) required for water 
heaters with rated storage volumes greater than or equal to 20 gallons. 
Water heaters with low volume and high input rates can potentially 
operate indefinitely at the 3.0  0.25 gpm (11.4  0.95 L/min) flow rate. When tested as currently required by 
Appendix E, such products would have a measured FHR around 60 gallons 
(227 L) and, therefore, would be required to use the medium draw

[[Page 21114]]

pattern, although such models could be used in applications similar to 
other types of water heaters that fall into the high draw pattern 
(e.g., flow-activated instantaneous water heaters with high input rates 
and storage water heaters with greater than 20 gallons stored water and 
high input rates and/or volumes).
    Issue B.32: DOE requests feedback on the consumer water heater test 
procedure with respect to testing the delivery capacity of non-flow-
activated water heaters with low volume and high input rate. If 
amendments are warranted, DOE requests comment on what method(s) would 
be appropriate for determining the delivery capacity of such models and 
what attributes can be used to distinguish these water heaters from 
non-flow-activated water heaters more appropriately tested by the FHR 
test.
    Section 4.5 of Appendix E requires water heaters with a rated 
storage volume at or above 2 gallons must have their internal storage 
tank temperature measured. Typically, a thermocouple tree is inserted 
into the storage tank of a water heater through either the anode rod 
hole, the outlet water line, or the temperature and pressure relief 
valve. DOE has identified consumer water heaters with physical 
attributes that make measuring mean tank temperature difficult, such as 
water heaters that have a built-in mixing valve and no anode rod, or 
have a large heat exchanger that does not allow a thermocouple tree to 
be inserted.
    Issue B.33: DOE requests feedback on whether amendments to the 
water heater test procedure are needed to address water heaters that 
cannot have their internal storage tank temperatures measured as 
required by the test procedure. If so, DOE requests comment on what 
updates to the test procedure would be necessary that would still allow 
for accurate measurement of temperature.

C. Test Procedure Waivers

    A person may seek a waiver from the test procedure requirements for 
a particular basic model of a type of covered product when the basic 
model for which the petition for waiver is submitted contains one or 
more design characteristics that: (1) Prevent testing according to the 
prescribed test procedure, or (2) cause the prescribed test procedures 
to evaluate the basic model in a manner so unrepresentative of its true 
energy consumption characteristics as to provide materially inaccurate 
comparative data. 10 CFR 430.27(a)(1). If a waiver is granted, as soon 
as practicable, DOE will publish in the Federal Register a NOPR that 
proposes to amend its regulations so as to eliminate any need for the 
continuation of such waiver. As soon thereafter as practicable, DOE 
will publish in the Federal Register a final rule. 10 CFR 430.27(l). 
Currently, DOE has granted one finalized waiver from the current 
consumer water heater test procedure.
    On January 31, 2020, DOE published a Notice of Decision and Order 
in the Federal Register granting Bradford White Corporation a waiver 
for a specified basic model that experiences the first cut-out of the 
24-hour simulated use test during a draw. 85 FR 5648. The Decision and 
Order requires Bradford White Corporation to use an alternate test 
procedure that DOE has determined more accurately calculates the 
recovery efficiency when the first cut-out occurs during a draw.\12\ 
Id.
---------------------------------------------------------------------------

    \12\ Docket number EERE-2019-BT-WAV-0020, see: https://www.regulations.gov/docket?D=EERE-2019-BT-WAV-0020.
---------------------------------------------------------------------------

    DOE has determined that the alternate test procedure is 
representative of real-world use conditions for the basic model 
specified in the Decision and Order. DOE requests feedback on whether 
the test procedure waiver approach is generally appropriate for testing 
basic models with these features.

D. Other Test Procedure Topics

    In addition to the issues identified earlier in this document, DOE 
welcomes comment on any other aspect of the existing test procedures 
for consumer water heaters and residential-duty commercial water 
heaters. As noted, DOE recently issued an RFI to seek more information 
on whether its test procedures are reasonably designed, as required by 
EPCA, to produce results that measure the energy use or efficiency of a 
product during a representative average use cycle or period of use. 84 
FR 9721 (March 18, 2019). DOE seeks comment on this issue as it 
specifically pertains to the test procedures for consumer water heaters 
and residential-duty commercial water heaters that are the subject of 
this current RFI.
    As noted previously, DOE also requests comments on whether 
potential amendments based on the issues discussed would result in a 
test procedure that is unduly burdensome to conduct, particularly in 
light of any new products on the market since the last test procedure 
update. If commenters believe that any such amendments would result in 
a procedure that is, in fact, unduly burdensome to conduct, DOE seeks 
information on whether an existing private sector-developed test 
procedure would be more appropriate or other avenues for reducing the 
identified burdens while advancing improvements to the water heaters 
test procedure.
    DOE also requests comment on the benefits and burdens of adopting 
any industry/voluntary consensus-based or other appropriate test 
procedure, without modification. DOE notes that ANSI/ASHRAE Standard 
118.2-2006 (RA 2015), ``Method of Testing for Rating Residential Water 
Heaters,'' is effectively the same as the DOE test procedures formerly 
used to measure EF. Further, as discussed earlier in this document, 
ASHRAE 118.2-2006 (RA 2015) is currently under revision with major 
changes being considered to update that test method so as to be similar 
to the DOE UEF test procedure currently in Appendix E.
    Additionally, DOE requests comment on whether the existing test 
procedures limit a manufacturer's ability to provide additional 
features to purchasers of consumer water heaters. DOE particularly 
seeks information on how the test procedures could be amended to reduce 
the cost of new or additional features and make it more likely that 
such features are included on consumer water heaters, while still 
meeting the requirements of EPCA.
    DOE also requests comments on any potential amendments to the 
existing test procedures that would address impacts on manufacturers, 
including small businesses.
    Finally, DOE recently published an RFI on the emerging smart 
technology appliance and equipment market. 83 FR 46886 (Sept. 17, 
2018). In that RFI, DOE sought information to better understand market 
trends and issues in the emerging market for appliances and commercial 
equipment that incorporate smart technology. DOE's intent in issuing 
the RFI was to ensure that DOE did not inadvertently impede such 
innovation in fulfilling its statutory obligations in setting 
efficiency standards for covered products and equipment. DOE seeks 
comments, data, and information on the issues presented in the RFI as 
they may be applicable to the consumer water heaters and residential-
duty commercial water heaters that are the subject of this RFI.

[[Page 21115]]

III. Submission of Comments

    DOE invites all interested parties to submit in writing by June 1, 
2020, comments and information on matters addressed in this document 
and on other matters relevant to DOE's consideration of amended test 
procedures for consumer water heaters and residential-duty commercial 
water heaters. These comments and information will aid in the 
development of a test procedure NOPR for consumer water heaters, if DOE 
determines that amended test procedures may be appropriate for these 
products. After the close of the comment period, DOE will review the 
public comments received and may begin collecting data and conducting 
the analyses discussed in this RFI.
    Submitting comments via http://www.regulations.gov. The http://www.regulations.gov web page requires 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 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. 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 http://www.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 
http://www.regulations.gov cannot be claimed as CBI. Comments received 
through the website will waive any CBI claims for the information 
submitted. For information on submitting CBI, see the Confidential 
Business Information section.
    DOE processes submissions made through http://www.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 http://www.regulations.gov provides after you have successfully uploaded your 
comment.
    Submitting comments via email, hand delivery/courier, or postal 
mail. Comments and documents submitted via email, hand delivery/
courier, or postal mail also will be posted to http://www.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 postal mail 
or hand delivery/courier, please provide all items on a CD, if 
feasible, in which case it is not necessary to submit printed copies. 
No telefacsimiles (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, written in English, and 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. Pursuant 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.
    It is DOE's policy that all comments may 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).
    DOE considers public participation to be a very important part of 
the process for developing test procedures and energy conservation 
standards. DOE actively encourages the participation and interaction of 
the public during the comment period in each stage of this process. 
Interactions with and between members of the public provide a balanced 
discussion of the issues and assist DOE in the process. Anyone who 
wishes to be added to the DOE mailing list to receive future notices 
and information about this process should contact Appliance and 
Equipment Standards Program staff at (202) 287-1445 or via email at 
[email protected].

    Signed in Washington, DC, on February 21, 2020.
Alexander N. Fitzsimmons,
Deputy Assistant Secretary for Energy Efficiency,Energy Efficiency and 
Renewable Energy.
[FR Doc. 2020-07732 Filed 4-15-20; 8:45 am]
BILLING CODE 6450-01-P