Energy Conservation Program for Consumer Products: Granting of the Application for Interim Waiver and Publishing of the Petition for Waiver of CFM International Inc. From the DOE Vented Home Heating Equipment Test Procedure (Case No. DH-004)

DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

Energy Conservation Program for Consumer Products: Granting of

the Application for Interim Waiver and Publishing of the Petition for

Waiver of CFM International Inc. From the DOE Vented Home Heating

Equipment Test Procedure (Case No. DH-004)

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

Energy.

ACTION: Notice.

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SUMMARY: Today's notice grants an Interim Waiver to CFM International

Inc. (CFM) from the existing Department of Energy (DOE or Department)

test procedure regarding pilot light energy consumption and weighted

average steady-state efficiency for its manually controlled vented

heaters, models DV32, DV34, DV36, DV40, DVS2, DVS3, HEDV30, HEDV30-1,

FSDV30, FS30, FA20, HE30, HEB30, FADV20, and HE40.

Today's notice also publishes a ``Petition for Waiver'' from CFM.

CFM's Petition for Waiver requests DOE to grant relief from the DOE

vented home heating equipment test procedure relating to the use of

pilot light energy consumption in calculating the Annual Fuel

Utilization Efficiency (AFUE) and the calculation of weighted average

steady state efficiency of its models DV32, DV34, DV36, DV40, DVS2,

DVS3, HEDV30, HEDV30-1, FSDV30, FS30, FA20, HE30, HEB30, FADV20, and

HE40 vented heaters. CFM seeks to delete the required pilot light

measurement (Qp) in the calculation of AFUE when the pilot is off,

and to test at a minimum fuel input rate of two-thirds instead of the

specified 5 percent of 50 percent of the maximum fuel input

in the calculation of AFUE. The Department is soliciting comments,

data, and information respecting the Petition for Waiver.

DATES: DOE will accept comments, data, and information not later than

January 29, 1996.

ADDRESSES: Written comments and statements shall be sent to: Department

of Energy, Office of Energy Efficiency and Renewable Energy, Case No.

DH-004, Mail Stop EE-43, Room 1J-018, Forrestal Building, 1000

Independence

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Avenue, SW., Washington, DC 20585-0121, (202) 586-7140.

FOR FURTHER INFORMATION CONTACT:

William W. Hui, U.S. Department of Energy, Office of Energy Efficiency

and Renewable Energy, Mail Station EE-431, Forrestal Building, 1000

Independence Avenue, SW., Washington, DC 20585-0121, (202) 586-9145

Eugene Margolis, Esq., U.S. Department of Energy, Office of General

Counsel, Mail Station GC-72, Forrestal Building, 1000 Independence

Avenue, S.W., Washington, D.C. 20585-0103, (202) 586-9507.

SUPPLEMENTARY INFORMATION: The Energy Conservation Program for Consumer

Products (other than automobiles) was established pursuant to the

Energy Policy and Conservation Act, as amended (EPCA), which requires

DOE to prescribe standardized test procedures to measure the energy

consumption of certain consumer products, including vented home heating

equipment. The intent of the test procedures is to provide a comparable

measure of energy consumption that will assist consumers in making

informed purchasing decisions. These test procedures appear at Title 10

CFR Part 430, Subpart B.

The Department amended the test procedure rules to provide for a

waiver process by adding Sec. 430.27 to Title 10 CFR Part 430. 45 FR

64108, September 26, 1980. Subsequently, DOE amended the waiver process

to allow the Assistant Secretary for Energy Efficiency and Renewable

Energy (Assistant Secretary) to grant an Interim Waiver from test

procedure requirements to manufacturers that have petitioned DOE for a

waiver of such prescribed test procedures. Title 10 CFR Part 430,

Sec. 430.27(a)(2).

The waiver process allows the Assistant Secretary to waive

temporarily test procedures for a particular basic model when a

petitioner shows that the basic model contains one or more design

characteristics which prevent testing according to the prescribed test

procedures, or when the prescribed test procedures may evaluate the

basic model in a manner so unrepresentative of its true energy

consumption as to provide materially inaccurate comparative data.

Waivers generally remain in effect until final test procedure

amendments become effective, resolving the problem that is the subject

of the waiver.

An Interim Waiver will be granted if it is determined that the

applicant will experience economic hardship if the Application for

Interim Waiver is denied, if it appears likely that the Petition for

Waiver will be granted, and/or the Assistant Secretary determines that

it would be desirable for public policy reasons to grant immediate

relief pending a determination on the Petition for Waiver. Title 10 CFR

Part 430, Sec. 430.27(g). An Interim Waiver remains in effect for a

period of 180 days, or until DOE issues a determination on the Petition

for Waiver, whichever is sooner, and may be extended for an additional

180 days, if necessary.

On October 2, 1995, CFM filed an Application for Interim Waiver and

a Petition for Waiver regarding (a) pilot light energy consumption and

(b) weighted average steady state efficiency. On October 30, 1995, CFM

submitted a letter to DOE providing additional product information and

amending the list of models submitted for consideration in the October

2, 1995 Waiver requests.

CFM seeks an Interim Waiver from the DOE test provisions in section

3.5 of Title 10 CFR Part 430, Subpart B, Appendix O, that require

measurement of energy input rate of the pilot light (Qp), and the

use of this data in section 4.2.6 for the calculation of AFUE, where:

AFUE=(4400SSuQin-max)/

(4400SSQin-max+2.5(4600)u Qp)

Instead, CFM requests that it be allowed to delete Qp and

accordingly, the (2.5(4600)u Qp) term in the

calculation of AFUE. CFM states that instructions to turn off the

transient pilot by the user when the heater is not in use are in the

User Instruction Manual and on a label adjacent to the gas control

valve. Therefore, the additional energy savings that result when the

pilot is turned off (Qp=0) should be credited. Since the current

DOE test procedure does not address pilot light energy savings, CFM

asks that the Interim Waiver be granted.

CFM also seeks an Interim Waiver from the DOE test provisions in

section 3.1.1 of Title 10 CFR Part 430, Subpart B, Appendix O, which

require steady state efficiency of manually controlled vented heaters

with various input rates to be determined at a fuel input rate that is

within 5 percent of 50 percent of the maximum fuel input

rate, and the use of this data in section 4.2.4 to determine the

weighted average steady state efficiency needed in the calculation of

AFUE. Instead, CFM requests that it be allowed to determine steady

state efficiency, weighted average steady state efficiency, and AFUE at

a minimum fuel input rate of two-thirds of the maximum fuel input rate

for its manually controlled vented heaters which do not adjust to an

input rate as low as 50 percent. Since the current DOE test procedure

does not address steady state testing for manually controlled vented

heaters with various input rates at fuel input rates other than within

5 percent of 50 percent of the maximum fuel input rate, CFM

asks that the waiver be granted.

Previous Petitions for Waiver to exclude the pilot light energy

input term in the calculation of AFUE for home heating equipment with a

manual transient pilot control and allowance to determine weighted

average steady state efficiency used in the calculation of AFUE at a

minimum fuel input rate of 65.3 percent of the maximum fuel input rate

instead of the specified 5 percent of 50 percent of the

maximum fuel input rate have been granted by DOE to Appalachian Stove

and Fabricators, Inc., 56 FR 51711, October 15, 1991, and Valor

Incorporated, 56 FR 51714, October 15, 1991.

The Department published a Notice of Proposed Rulemaking on August

23, 1993, to amend the vented home heating equipment test procedure,

which would allow the above requests. 58 FR 44583.

Thus, it appears likely that CFM's Petition for Waiver for pilot

light and weighted average steady state efficiency for home heating

equipment will be granted. In those instances where the likely success

of the Petition for Waiver has been demonstrated based upon DOE having

granted a waiver for a similar product design, it is in the public

interest to have similar products tested and rated for energy

consumption on a comparable basis.

Therefore, based on the above, DOE is granting CFM an Interim

Waiver for its models DV32, DV34, DV36, DV40, DVS2, DVS3, HEDV30,

HEDV30-1, FSDV30, FS30, FA20, HE30, HEB30, FADV20, and HE40 vented

heaters. CFM shall be permitted to test its models DV32, DV34, DV36,

DV40, DVS2, DVS3, HEDV30, HEDV30-1, FSDV30, FS30, FA20, HE30, HEB30,

FADV20, and HE40 vented heaters on the basis of the test procedures

specified in Title 10 CFR Part 430, Subpart B, Appendix O, with the

modifications set forth below:

(i) Delete paragraph 3.5 of Appendix O.

(ii) Delete paragraph 4.2.4 of Appendix O and replace with the

following paragraph:

4.2.4 Weighted Average Steady-State Efficiency. (a) For manually

controlled heaters with various input rates, the weighted average

steady-state efficiency (SS-WT) is:

(1) At 5 percent of 50 percent of the maximum fuel

input rate as measured in either section 3.1.1 to this appendix for

[[Page 67129]]

manually controlled gas vented heaters or section 3.1.2 to this

appendix for manually controlled oil vented heaters, or

(2) At the minimum fuel input rate as measured in either section

3.1.1 to this appendix for manually controlled gas vented heaters or

section 3.1.2 to this appendix for manually controlled oil vented

heaters if the design of the heater is such that 5 percent

of 50 percent of the maximum fuel input rate can not be set, provided

the tested input rate is no greater than two-thirds of maximum input

rate of the heater.

(b) For manually controlled heater with one single firing rate, the

weighted average steady-state efficiency is the steady-state efficiency

measured at the single firing rate.

(iii) Delete paragraph 4.2.6 of Appendix O and replace with the

following paragraph:

4.2.6 Annual Fuel Utilization Efficiency. For manually controlled

vented heaters, calculate the Annual Fuel Utilization Efficiency (AFUE)

as a percent and defined as:

AFUE=u

Where:

u= as defined in section 4.2.5 of this appendix.

(iv) With the exception of the modification set forth above, CFM

shall comply in all respects with the procedures specified in Appendix

O of Title 10 CFR Part 430, Subpart B.

This Interim Waiver is based upon the presumed validity of

statements and all allegations submitted by the company. This Interim

Waiver may be removed or modified at any time upon a determination that

the factual basis underlying the Application is incorrect.

The Interim Waiver shall remain in effect for a period of 180 days

or until DOE acts on the Petition for Waiver, whichever is sooner, and

may be extended for an additional 180-day period, if necessary.

CFM's Petition for Waiver requests DOE to grant relief from the DOE

vented home heating equipment relating to the pilot light and weighted

average steady state efficiency. CFM seeks (a) to exclude the pilot

light energy consumption in the calculation of AFUE, and (b) to

determine the weighted average steady state efficiency used in the

calculation of AFUE at a minimum fuel input rate of two-thirds of the

maximum fuel input rate instead of the specified 5 percent

of 50 percent of the maximum fuel input rate. Pursuant to paragraph (b)

of Title 10 CFR Part 430.27, the Department is hereby publishing the

``Petition for Waiver.'' CFM's submission of October 2, 1995 published,

infra, (a) references a letter, dated July 7, 1995, from Vermont

Castings, Inc. that constitutes a Petition for Waiver and Application

for Interim Waiver and (b) attaches three brochures describing the

company's products. Said letter and brochures are not published herein

but may be requested from Mr. William W. Hui at the address indicated,

supra. Further, CFM's letter of October 30, 1995 published, infra,

references a three page excerpt from a SIT brochure. The excerpt is not

published but may be requested from Mr. Hui.

The Petition contains confidential company information; thus, the

confidential attachments submitted by CFM are not being published. The

Department solicits comments, data, and information respecting the

Petition.

Issued in Washington, D.C. December 21, 1995.

Christine A. Ervin,

Assistant Secretary, Energy Efficiency and Renewable Energy.

CFM International Inc.

475 Admiral Blvd., Mississauga, Ont. L5T 2N1, Canada, Tel: (905) 670-

7777 Ext. 213, Fax: (905) 670-7840

October 2, 1995.

The Honorable Christine Ervin,

Assistant Secretary for Energy Efficiency and Renewable Energy, U.S.

Dept. of Energy, Forrestal Bldg., 1000 Independence Avenue, S.W.,

Washington, D.C. 20585

Attn: Secretary Christine Ervin

Dear Madam: Attached with this letter is a copy of a petition

for a waiver and Application for Interim Waiver submitted by Vermont

Castings on July 7, 1995.

Since CFM Inc. has similar applications and arguments as

mentioned in the attached Vermont Casting petition--therefore we are

also requesting the acceptance of those two waivers from the test

procedures which appear on 10 CFR, part 430, subpart B, Appendix O;

Uniform Test Method for Measuring the Energy Consumption of Vented

Home Heating Equipment. The aforementioned waivers are requested for

our direct vent and vented units.

Also, the revisions to the test procedures which we requested

above have been published by DOE as proposed changes on August 23,

1993--58 FR 44538.

Furthermore, since similar waivers were granted in the past to

other manufacturers; i.e. Appalachian Stove and Fabricators Inc. and

Valor Incorporated--therefore we are convinced that the same waivers

will be granted to CFM Inc.

Copies of confidential test data confirming the energy savings

will be forwarded to you upon request.

Any questions regarding this subject, please contact me at the

above address. Your help is highly appreciated. Thank you.

Yours Truly,

Ferdinand M. Francisco,

Lab. Manager.

CFM International Inc.

475 Admiral Blvd., Mississauga, Ont. L5T2N1, Tel: (905) 670-7777 Ext.

213, Fax: (905) 670-7840

October 30, 1995.

U.S. Dept. of Energy,

Office of Energy Efficiency and Renewable Energy, Mail Station EE-

431, Forrestal Bldg., 1000 Independence Avenue, SW., Washington, DC

20585

Attn: Bill Hui

Dear Sir. Further to our conversation last Friday. I tested one

of our manually controlled appliance with various input rates to

established a linear correlation between its rate and AFUE.

Based on the AFUE I calculated using Draft Factor Method, DF=1,

which appear at 10CFR, part 430, subpart B, Appendix O--Uniform Test

Method for Measuring the Energy Consumption Of Vented Home Heating

Equipment. I can therefore conclude that increase in rate is

directly proportional to the increase in AFUE.

Also, attached are 3 page excerpts from SIT brochure that will

answer your question regarding the necessary steps needed to reduced

the input from 70% to \2/3\ of maximum input--for testing purposes

only.

Page I illustrates a working diagram of the valve, Page 2 show

the valve description and finally page 3 explains how to adjust the

outlet pressure. Furthermore, outlet pressure of valves equipped

with manual Hi/Lo control (SIT mv 0.820.633 and 0.820.634) can be

adjusted by removing the Hi/Lo knob, see page 2 under valve

description--item #2, then turn the pressure regulator clockwise to

increase pressure and counterclockwise to decrease pressure.

To reduce the input from 70% to \2/3\ of maximum input just turn

the regulator counterclockwise thus decreasing the outlet pressure.

Moreover, the petition I submitted for the acceptance of two

waivers from the test procedures which appear at 10CFR, part 430,

subpart B, Appendix O--Uniform Test Method for Measuring the Energy

Consumption Of Vented Home Heating Equipment are requested for CFM

International Inc.

CFM International Inc. is a parent company of CFM Inc. (Insta

Flame & Northern Flame), Majestic and TrueHeat. Therefore, the

waivers mentioned above is intended to all CFM International Inc.

subsidiaries' existing as well as future submitted and certified

products.

Below is a list of CFM Inc's existing as well as future

submitted and certified products both Insta Flame & Northern Flame.

Model

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Certified units Under certification

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DV32 FADV20

DV34 HE40

[[Page 67130]]

DV36 ............................

DV40 ............................

DVS2 ............................

DVS3 ............................

HEDV30 and HEDV30-1 ............................

FSDV30 ............................

FS30 ............................

FA20 ............................

HE30 ............................

HEB30 ............................

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Any questions regarding this subject, please contact me at the

above address. Your help is highly appreciated. Thank you.

Yours Truly,

Ferdinand M. Francisco,

Lab. Manager.

[FR Doc. 95-31423 Filed 12-27-95; 8:45 am]

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