Energy Conservation Program for Consumer Products: Granting of the Application for Interim Waiver and Publishing of the Petition for Waiver of HEAT-N-GLO Fireplace Products, Inc. From the DOE Vented Home Heating Equipment Test Procedure

DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. DH-007]

Energy Conservation Program for Consumer Products: Granting of

the Application for Interim Waiver and Publishing of the Petition for

Waiver of HEAT-N-GLO Fireplace Products, Inc. From the DOE Vented Home

Heating Equipment Test Procedure

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 HEAT-N-GLO

Fireplace Products, Inc. (HEAT-N-GLO) from the existing Department of

Energy (DOE or Department) test procedure regarding pilot light energy

consumption for its model AT-SUPREME, BAY-GDV, BAY-STOVE, DVT-INSERT,

DVT-STOVE, R5500RH, SL-3000, SL-32S, TOWNSEND I, TOWNSEND II, and

6000XLS vented heaters.

Today's notice also publishes a ``Petition for Waiver'' from HEAT-

N-GLO. HEAT-N- GLO'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). Specifically, HEAT-N-GLO seeks to

delete the required pilot light measurement (QP) in the

calculation of AFUE when the pilot is off. The Department is soliciting

comments, data, and information respecting the Petition for Waiver.

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

November 12, 1996.

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

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

DH-007, Mail Stop EE-43, Room 1J-018, Forrestal Building, 1000

Independence Avenue, S.W., 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, SW, Washington, DC 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 August 13, 1996, HEAT-N-GLO filed an Application for Interim

Waiver and a Petition for Waiver regarding pilot light energy

consumption.

HEAT-N-GLO seeks an Interim Waiver from the DOE test provisions in

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

requires 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, HEAT-N-GLO requests that it be allowed to delete QP and

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

calculation of AFUE. HEAT-N-GLO 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, HEAT-N-

GLO asks that the Interim 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 have been granted by DOE to Appalachian

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

Incorporated, 56 FR 51714, October 15, 1991; CFM International Inc., 61

FR 17287, April 19, 1996; Vermont Castings, Inc., 61 FR 17290, April

19, 1996; and Superior Fireplace Company, 61 FR 17885, April 23, 1996.

Thus, it appears likely that HEAT-N-GLO's Petition for Waiver for

pilot light 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 HEAT-N-GLO an

Interim

[[Page 53367]]

Waiver for its model AT-SUPREME, BAY-GDV, BAY-STOVE, DVT-INSERT, DVT-

STOVE, R5500RH, SL-3000, SL-32S, TOWNSEND I, TOWNSEND II, and 6000XLS

vented heaters. HEAT-N-GLO shall be permitted to test its model AT-

SUPREME, BAY-GDV, BAY-STOVE, DVT-INSERT, DVT-STOVE, R5500RH, SL-3000,

SL-32S, TOWNSEND I, TOWNSEND II, and 6000XLS 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 4.2.6 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.

(iii) With the exception of the modification set forth above, HEAT-

N-GLO 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.

This Interim Waiver is effective on the date of issuance by the

Assistant Secretary for the Office of Energy Efficiency and Renewable

Energy. 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.

HEAT-N-GLO's Petition for Waiver requests DOE to grant relief from

the DOE vented home heating equipment relating to the pilot light.

Specifically, HEAT-N-GLO seeks to exclude the pilot light energy

consumption in the calculation of AFUE.

Pursuant to paragraph (b) of Title 10 CFR Part 430.27, the

Department is hereby publishing the ``Petition for Waiver.'' in its

entirety. The petition contains no confidential information. The

Department solicits comments, data, and information respecting the

Petition.

Issued in Washington, DC October 7, 1996.

Christine A. Ervin,

Assistant Secretary, Energy Efficiency and Renewable Energy.

Heat-N-Glo Quality Fireplace Products Since 1975

August 13, 1996.

The Honorable Christine Ervin,

Assistant Secretary of Energy Efficiency & Renewable Energy, United

States Department of Energy, Forrestal Building, 1000 Independence

Avenue, S.W., Washington, D.C. 20585

Subject: Petition for Waiver to Title 10 Code of Federal Regulations

430.27

Dear Secretary Ervin: This is a Petition for Waiver from test

procedures appearing in 10 CFR, part 430, subpart B, Appendix O--

Uniform Test Method for Measuring the Energy Consumption of Vented

Home Heating Equipment. The sections for which this waiver is

requested are detailed in section 3.5--Pilot Light Measurement; and

section 4.2.6--Annual Fuel Utilization Efficiency (AFUE). These

sections require the measurement of energy input to the pilot light

and the inclusion of this data in the calculation of AFUE for the

appliance even when the pilot light is turned off and not consuming

any energy.

We are requesting this Waiver for our appliance models: AT-

SUPREME, BAY-GDV, BAY-STOVE, DVT-INSERT, DVT-STOVE, R5500RH, SL-

3000, SL-32S, TOWNSEND I, TOWNSEND II, AND 6000XLS.

The combination gas control valves used on these appliances can

be manually turned off when the heater is not in use. In the ``OFF''

position, both the main burner and the pilot light are extinguished.

When the gas control is set to the ``ON'' position, the main burner

and the pilot light are operating. The appliance Instruction Manual

and a label adjacent to the gas control valve will require the user

to turn the gas control valve to the ``OFF'' position when the

heater is not in use.

Requiring the inclusion of pilot energy input in the AFUE

calculations does not allow for the additional energy savings

realized when the pilot light is turned off. We request that the

requirement of including the term involving the pilot energy

consumption be waived from the AFUE calculation for our heaters

noted above. These models meet the conditions described in the

previous paragraph.

Waivers for deleting pilot energy consumption in AFUE

calculations have previously been granted by U.S.D.o.E. to other

manufacturers. We are requesting U.S.D.o.E. grant Heat-N-Glo

Fireplace Products, Inc. this same waiver.

Please contact us with any questions, comments, and requirements

for additional information we can provide. Thank you for your help

in this matter.

Sincerely,

Chuck Hansen,

Tech. Services--Engineering.

Gregg Achman,

Manager, Design Engineering.

[FR Doc. 96-26162 Filed 10-10-96; 8:45 am]

BILLING CODE 6450-01-P