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 Department of Energy Vented Home Heating Equipment Test Procedure (Case No. DH-012)

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 HEAT-N-GLO Fireplace Products, Inc., From the Department of

Energy Vented Home Heating Equipment Test Procedure (Case No. DH-012)

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

Energy.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Today's notice grants an Interim Waiver to HEAT-N-GLO

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

(DOE or Department) test procedure for vented home heating equipment.

The Interim Waiver concerns pilot light energy consumption for HEAT-N-

GLO's models BAYFYRE-TRS and 6000XLT vented heaters.

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

N-GLO. HEAT-N-GLO's Petition for Waiver requests the Department 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 solicits

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

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

later than June 20, 1997.

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

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

DH-012, Mail Stop EE-43, Room 1J-018, Forrestal Building, 1000

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

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

FOR FURTHER INFORMATION CONTACT: 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, Facsimile: (202) 586-4617, E-Mail:

[email protected] or Eugene Margolis, Esq., 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, Facsimile: (202) 586-4116, E-Mail:

[email protected]

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

[[Page 27728]]

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 April 10, 1997, 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

Sec. 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 Sec. 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, 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. Since the current DOE test procedure

does not address energy savings from the pilot light, 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 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 HEAT-N-GLO'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 information, the Department is

granting HEAT-N-GLO an Interim Waiver for its models BAYFYRE-TRS and

6000XLT vented heaters. HEAT-N-GLO 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 Sec. 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 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 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.

HEAT-N-GLO's Petition for Waiver requests the Department to grant

relief from the portion of the DOE test procedure for vented home

heating equipment that relates to measurement of energy consumption by

the pilot light. Specifically, HEAT-N-GLO 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.

Issued in Washington, DC, on May 14, 1997.

Joseph J. Romm,

Acting Assistant Secretary, Energy Efficiency and Renewable Energy.

Heat-N-Glo

Quality Fireplace Products Since 1975

April 10, 1997.

The Honorable Chistine Ervin,

Assistant Secretary of Energy, Efficiency 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

430.27

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

procedures appearing in 10 CFR, Part 430, Subpart B, Appendix 0--

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: BAYFYRE-

TRS and 6000XLT.

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

[[Page 27729]]

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.

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. 97-13309 Filed 5-20-97; 8:45 am]

BILLING CODE 6450-01-P