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

DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. DH-011]

Energy Conservation Program for Consumer Products: Granting of

the Application for Interim Waiver and Publishing of the Petition for

Waiver of Fireplace Manufacturers Incorporated From the Department of

Energy 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 Fireplace

Manufacturers Incorporated from the Department of Energy (Department)

test procedure for vented home heating equipment. The Interim Waiver

concerns pilot light energy consumption for Fireplace Manufacturers

Incorporated's (Fireplace) models DVF30, DVF36, DVF42, DVF36PNL, GW30,

and GW30P vented heaters.

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

Fireplace. Fireplace's Petition for Waiver requests the Department to

grant relief from the Department of Energy vented home heating

equipment test procedure relating to the use of pilot light energy

consumption in calculating the Annual Fuel Utilization Efficiency

(AFUE). Specifically, Fireplace seeks to delete the required pilot

light measurement (Qp) in the calculation of AFUE when the

pilot is off. The Department solicits comments, data, and information

respecting the Petition for Waiver.

DATES: The Department will accept comments, data, and information not

later than May 23, 1997.

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

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

DH-011, Mail Stop EE-43, Room 1J-018, Forrestal Building, 1000

Independence Avenue, SW., Washington, DC 20585-0121. Telephone: (202)

586-7140, Fax: (202) 586-4617.

FOR FURTHER INFORMATION CONTACT: Mr. Bill Hui, U.S. Department of

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

43, Forrestal Building, 1000 Independence Avenue, SW, Washington, DC,

20585-0121. Telephone: (202) 586-9145, Fax: (202) 586-4617, E-Mail:

[email protected] or;

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

Counsel, Mail Stop GC-72, Forrestal Building, 1000 Independence Avenue,

SW, Washington, DC, 20585-0103. Telephone: (202) 586-9507, Fax: (202)

586-4116, E-Mail: [email protected].

[[Page 19743]]

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 the Department 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,

and will determine whether a product complies with the applicable

energy conservation standard. 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, the Department 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

the Department 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 the Department issues a determination on

the Petition for Waiver, whichever is sooner, and may be extended for

an additional 180 days, if necessary.

On December 31, 1996, Fireplace filed an Application for Interim

Waiver and a Petition for Waiver regarding pilot light energy

consumption.

Fireplace seeks an Interim Waiver from the Department test

provisions in section 3.5 of Title 10 CFR Part 430, Subpart B, Appendix

O, which requires measurement of energy input rate of the pilot light

(QP), and in section 4.2.6, which requires the use of this

data for the calculation of AFUE, where:

AFUE=[4400SSuQin-max

] /

[4400SSQin-max+2.5(4600)u

Qp]

Instead, Fireplace requests that it be allowed to delete QP

and accordingly, the [2.5(4600)uQP]

term in the calculation of AFUE. Fireplace 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. Since the current Department of Energy test procedure

does not address pilot light energy savings, and since others have

received the same waiver under the same circumstances, Fireplace 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 vented heaters with a manual

transient pilot control have been granted by the Department 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; Superior Fireplace Company, 61 FR 17885, April 23,

1996; Vermont Castings, Inc., 61 FR 57857, November 8, 1996; HEAT-N-GLO

Fireplace Products, Inc., 61 FR 64519, December 5, 1996; CFM Majestic

Inc., 62 FR 10547, March 7, 1997; Hunter Energy and Technology Inc., 62

FR 14408, March 26, 1997; and Wolf Steel Ltd., 62 FR 14409, March 26,

1997.

Thus, it appears likely that Fireplace's Petition for Waiver

concerning pilot light energy consumption for vented heaters will be

granted. In those instances where the likely success of the Petition

for Waiver has been demonstrated based upon the Department 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, the Department is granting Fireplace

an Interim Waiver for its models DVF30, DVF36, DVF42, DVF36PNL, GW30,

and GW30P vented heaters. Fireplace shall be permitted to test these

models of its vented heaters on the basis of the test procedures

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

following modifications:

(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 is defined in section 4.2.5 of this

appendix.

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

Fireplace Manufacturers Incorporated 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 all

statements and allegations submitted by the company. This Interim

Waiver may be revoked 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 the Department acts on the Petition for Waiver, whichever

is sooner, and may be extended for an additional 180-day period, if

necessary.

Fireplace's Petition for Waiver requests the Department to grant

relief from the portion of the Department of Energy test procedure for

vented home heating equipment that relates to measurement of energy

consumption by the pilot light. Specifically, Fireplace seeks to

exclude the pilot light energy consumption from 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.

[[Page 19744]]

Issued in Washington, DC, on April 17, 1997.

Christine A. Ervin,

Assistant Secretary, Energy Efficiency and Renewable Energy.

Fireplace Manufacturers Incorporated

2701 South Harbor Blvd., Santa Ana, California 92704, (714) 549-7782,

Fax No. (714) 549-4723

December 31, 1996.

The Honorable Christine Ervin,

Assistant Secretary for Conservation and 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

Sec. 430.27

Dear Secretary Ervin: This Petition for Waiver from test

procedures appearing in 10 CFR Sec. 430.27 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). The

sections require the measurement of energy input to the pilot light

and the inclusion of this data in the calculation of the 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: DVF30,

DVF36, DVF42; DVF36PNL; GW30 and GW30P room heater models

respectively, using a millivolt controlled ignition system.

The above mentioned room heaters, are certified to use either

natural, or liquefied propane gases, respectively.

The combination of 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 burner are

extinguished. When the gas control knob is set to the ``ON''

position, the main burner and the pilot light are operating. The

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 calculations 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 petitioning the U.S.D.O.E. to grant Fireplace

Manufacturers, Incorporated, this same waiver.

Please contact Fireplace Manufacturers, Incorporated, with any

questions, comments, and or requirements for additional information

we can provide. Thank you for your help in this matter.

Sincerely,

Garrick D. Augustus,

Manufacturing Engineer.

[FR Doc. 97-10494 Filed 4-22-97; 8:45 am]

BILLING CODE 6450-01-P