; (iii) does not have electric resistance heating elements located in the lower half of the storage tank; (iv) has the temperature sensing device that controls the auxiliary electric heat source located in the upper half of the storage tank; and (v) has a ratio of less than 0.70 for the proportion that the certified first hour rating bears to the nominal volume of the storage tank. . (b) Standards for water heaters Section 325(e) of the Energy Policy and Conservation Act ( 42 U.S.C. 6295(e) ) is amended by adding at the end the following: (7) Exempted water heaters (A) Definition of exempted water heater In this paragraph, the term exempted water heater means a water heater described in section 321(27)(B). (B) Monitoring of shipments (i) Submission of data Not later than 90 days after the date of enactment of this paragraph, and not later than May 1 of each year thereafter, the Secretary shall require each manufacturer of water heaters to report to the Secretary the quantity of exempted water heaters, in each category of exempted water heaters, that the manufacturer shipped in the preceding calendar year. (ii) Confidentiality requirements The Secretary shall treat shipment data reported by manufacturers under clause (i) as confidential business information subject to appropriate confidential data safeguards. (iii) Publication (I) Baseline shipment data Not later than 120 days after the date of enactment of this paragraph, the Secretary shall publish an analysis of the data collected under clause (i) for public comment, subject to applicable confidentiality safeguards, which shall serve as the baseline data for the analysis described in subclause (II)(bb). (II) Percentage growth from baseline Not later than June 1 of each year after the year in which the Secretary publishes data under subclause (I), the Secretary shall publish— (aa) an analysis of the data collected under clause (i) for public comment, subject to applicable confidentiality safeguards