Energy Conservation Program for Consumer Products: Granting of the Application for Interim Waiver and Publishing of the Petition for Waiver of Superior Fireplace Company From the DOE Vented Home Heating Equipment Test Procedure

DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. DH-005]

Energy Conservation Program for Consumer Products: Granting of

the Application for Interim Waiver and Publishing of the Petition for

Waiver of Superior Fireplace Company 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 Superior Fireplace

Company (Superior) 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 GI-3821, DSH-36T, DVH-33R, DVH-33T, DVA-33R, and

DVA-33T.

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

Superior. Superior'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 GI-3821, DSH-36T, DVH-

33R, DVH-33T, DVA-33R, and DVA-33T vented heaters. Superior 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 rate 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

March 15, 1996.

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

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

DH-005, Mail Stop EE-43, Room 1J-018, Forrestal Building, 1000

Independence Avenue SW., Washington, D.C. 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,

[[Page 5756]]

Forrestal Building, 1000 Independence Avenue SW., Washington, D.C.

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, 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 August 30, 1995, Superior 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

November 30, 1995, Superior submitted a letter to DOE requesting a

modification to the minimum fuel input rate of the vented heaters

submitted for consideration in the August 30, 1995 Waiver requests. On

January 12, 1996, Superior Fireplace Company submitted a letter

providing a list of companies that make similar products, confidential

product performance data, and amending the list of models submitted for

consideration in the August 30, 1995, Waiver requests.

Superior 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, Superior requests that it be allowed to delete Qp and

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

calculation of AFUE. Superior 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,

Superior asks that the Interim Waiver be granted.

Superior 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, Superior 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,

Superior 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 issues. 58 FR 44583.

Thus, it appears likely that Superior'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 Superior an Interim

Waiver for its models GI-3821, DSH-36T, DVH-33R, DVH-33T, DVA-33R, and

DVA-33T vented heaters. Superior shall be permitted to test its models

GI-3821, DSH-36T, DVH-33R, DVH-33T, DVA-33R, and DVA-33T 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

manually controlled gas vented heaters or section 3.1.2 to this

appendix for

[[Page 5757]]

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,

Superior 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.

Superior'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. Superior 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.''

The Petition contains confidential company information; thus, the

confidential product performance data provided in Superior's January

12, 1996 submission is not being published. The Department solicits

comments, data, and information respecting the Petition.

Issued in Washington, DC.

February 1, 1996.

Christine A. Ervin,

Assistant Secretary, Energy Efficiency and Renewable Energy.

August 30, 1995

The Honorable Christine Ervin,

Assistant Secretary for Energy Efficiency & Renewable Energy, United

States Department of Energy, Forrestal Building, 1000 Independence

Avenue SW., Washington, D.C. 20585

RE: Petition for Waiver and Application for Interim Waiver

Dear Secretary Ervin: Superior Fireplace Company is requesting

you to accept two waivers as listed below, concerning Title 10 Code

of Federal Regulations 430.27, as amended 14 November 1986.

These waivers are requested for model GI-3821, DSH-36T.

1. This waiver request refers to section 3.1.1.--Gas fueled

vented home heating equipment and section 4.2.4--Weighted-average

steady-state efficiency which states that for manually controlled

heaters with various input rates the weighted-average steady-state

efficiency is measured at a fuel input rate of 5 percent

of 50 percent of the maximum fuel input rate. In fact the above

appliances have a gas control that comes with a variable pressure

regulator control knob which can be adjusted from the maximum input

rate to the minimum input rate. Specifically, Natural gas control

knob has adjustment of manifold pressure from 3.5'' W.C. to 2.5''

W.C. and for Propane from 10.0'' W.C. to 6.4'' W.C. These pressure

ranges allow the users to vary the fuel input rate as shown below in

the table. It is impossible to achieve the fuel input rate of 50%

according to the manufacturer's installation instructions. Because

the above models cannot be operated at 50% of the maximum fuel input

and usually operated at maximum fuel input rate we request that this

requirement be modified to 80% of the difference between the maximum

fuel input rate and the minimum fuel input rate.

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Percentage

Maximum Minimum maximum Manifold pressure

rate BTUH rate BTUH rate

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GI-3821-N............................ 38000 30000 79 3.5-2.2 W.C.

GI-3821-P............................ 34000 26000 76 10-6.4 W.C.

DSH-36T-N............................ 27000 21000 77 3.5-2.2 W.C.

DSH-36T-P............................ 25000 20000 80 10-6.4 W.C.

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2. Second waiver refers to section 3.5--Pilot Light Measurement

and section 4.26--Annual Fuel Utilization Efficiency. This section

requires the calculation of the pilot light energy to be figured in

for calculation of AFUE if the pilot is in operation all the time.

The gas control knob on these appliances have three settings--

``OFF,'' ``ON'' and ``PILOT''. The pilot can be lighted with the

piezo igniter when the gas control knob is turned and depressed at

the ``PILOT'' position. Once the pilot is lighted, it will heat the

thermopile which generates enough voltage to the gas control valve

to have the pilot remain lit. The gas control knob can then be

turned to the ``ON'' position for the main burner to turn on.

Instructions and labels next to the control will require users to

turn the gas control knob to the ``OFF'' position during the off

cycle will be provided. Therefore, additional energy will be

conserved. Since the current test procedure does not allow any

credit given in the calculations for AFUE for saving energy from the

pilot during the off cycle, we request that the requirement to

include energy input to the pilot light in the AFUE calculation be

waived for these appliances. Copies of confidential test data

confirming the energy savings will be forwarded to you upon request.

Superior Fireplace Company is confident that both waivers will

be granted since similar waivers have been granted in the past to

Appalachian Stove and Fabricators, Inc. and Valor Incorporated.

A copy of this petition for waiver and Application for Interim

Waiver is being sent to the manufacturers that produce similar

products in the U.S.A.

Sincerely,

Hardial Gore,

Sr. Project Engineer.

Nov. 30, 1995

The Honorable Christine Ervin,

Assistant Secretary for Energy Efficiency & Renewable Energy, United

States Department of Energy, Forrestal Building, 1000 Independence

Avenue SW., Washington, D.C. 20585

RE: Amendment to Petition for Waiver and Application for Interim

Waiver

[[Page 5758]]

Dear Secretary Ervin: In order to expedite the approval to

petition for waiver and application for interim waiver requested in

my letter dated Aug. 30th 1995, Superior Fireplaces Company is ready

to accept the changes to the first waiver as follows:

Superior Fireplaces Company will adopt the test procedure

proposed by DOE on 23 August, 1993.58 FR 44538. Accordingly, we

request to calculate the weighted average steady state efficiency

using the minimum obtainable fuel input rate provided this rate is

no greater than \2/3\ the maximum input rate of the fireplace.

Specifically, the models included in this request will be tested at

\2/3\ of the maximum fuel input rate.

The second waiver requested in my first letter will remain

unchanged.

We are very confident that both of these waivers will be granted

since similar waivers have been granted to the other manufacturers.

Sincerely,

Hardial Gore,

Sr. Project Engineer.

January 12, 1996

The Honorable Christine Ervin, Assistant Secretary for Energy,

Efficiency & Renewable Energy, United States Department of Energy,

Forrestal Building, 1000 Independence Avenue, SW., Washington, D.C.

20585

RE: Additional information to Petition for Waiver and Application

for Interim Waiver

Dear Secretary Ervin: Recent conversations with William Hui

prompted me to send you the following information requested by the

committee.

Per your first request following is a list of companies that

Superior knows make similar products namely Heat and Glow, Majestic,

Heatilator, CFM, Vermont Castings, Appalachian Stove and

Fabricators, Inc. and Valor Incorporated.

Per your second request below is a table that shows a general

trend of increase in efficiency as the input is increased. This

information is confidential; please do not publish. This data was

gathered from a DVH-33R model.

CONFIDENTIAL

As discussed with Mr. Hui we would like to add additional models

DVH-33R, DVH-33T, DVA-33R, DVA-33T to the list for approval besides

the GI 3821 and DSH-36T.

If you have any questions please feel free to contact me.

Sincerely,

Hardial Gore,

Sr. Project Engineer, Gas Products.

[FR Doc. 96-3056 Filed 2-13-96; 8:45 am]

BILLING CODE 6450-01-M