Energy Conservation Program for Consumer Products: Granting of the Application for Interim Waiver and Publishing of the Petition for Waiver of CFM Majestic Inc. from the DOE Vented Home Heating Equipment Test Procedure. (Case No. DH-008)

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 Majestic Inc. from the DOE Vented Home Heating Equipment

Test Procedure. (Case No. DH-008)

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

Energy.

ACTION: Notice.

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

SUMMARY: Today's notice grants an Interim Waiver to CFM Majestic Inc.

from the existing Department of Energy (DOE or Department) test

procedure

[[Page 743]]

regarding pilot light energy consumption and weighted average steady-

state efficiency for its models A120, A125, A130, A132, A230, A232,

AB132, D130, D132, D230, D232, D332, D334, D336, DR333, DR336, DR339,

DT336, DT339, DT343, DVR33, DVR36, DVR39, DVRS3, DVT36, DVT39, DVT43,

DVTS2, FS22, FS32, FSDV22, FSDV32, HE25, HE32, HEB32, and HEDV32 vented

heaters.

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

Majestic Inc. CFM Majestic Inc.'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 A120, A125,

A130, A132, A230, A232, AB132, D130, D132, D230, D232, D332, D334,

D336, DR333, DR336, DR339, DT336, DT339, DT343, DVR33, DVR36, DVR39,

DVRS3, DVT36, DVT39, DVT43, DVTS2, FS22, FS32, FSDV22, FSDV32, HE25,

HE32, HEB32, and HEDV32 vented heaters. CFM Majestic Inc. 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 of the maximum fuel input rate instead of

the specified 50 percent plus-minus 5 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

February 5, 1997.

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

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

DH-008, Mail Stop EE-43, Room 1J-018, Forrestal Building, 1000

Independence 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 Stop EE-43

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 Stop 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 October 31, 1996, CFM Majestic Inc. filed an Application for

Interim Waiver and a Petition for Waiver regarding (a) pilot light

energy consumption and (b) weighted average steady state efficiency.

CFM Majestic Inc. 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)uQP)

Instead, CFM Majestic Inc. requests that it be allowed to delete

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

in the calculation of AFUE. CFM Majestic Inc. 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 Majestic Inc. asks that the Interim Waiver be granted.

CFM Majestic Inc. 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 requires steady state efficiency of manually

controlled vented heaters with various input rates to be determined at

a fuel input rate of 50 percent 5 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 Majestic Inc. 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

5 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 50 percent 5 percent

of the maximum fuel input rate, CFM Majestic Inc. 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 no greater than two-thirds of the maximum fuel

input rate instead of the specified

[[Page 744]]

50 percent 5 percent of the maximum fuel input rate 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; Superior Fireplace

Company, 61 FR 17885, April 23, 1996; and Vermont Castings, Inc., 61 FR

57857, November 8, 1996.

Thus, it appears likely that CFM Majestic Inc.'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 Majestic Inc. an

Interim Waiver for its models A120, A125, A130, A132, A230, A232,

AB132, D130, D132, D230, D232, D332, D334, D336, DR333, DR336, DR339,

DT336, DT339, DT343, DVR33, DVR36, DVR39, DVRS3, DVT36, DVT39, DVT43,

DVTS2, FS22, FS32, FSDV22, FSDV32, HE25, HE32, HEB32, and HEDV32 vented

heaters. CFM Majestic Inc. shall be permitted to test its models A120,

A125, A130, A132, A230, A232, AB132, D130, D132, D230, D232, D332,

D334, D336, DR333, DR336, DR339, DT336, DT339, DT343, DVR33, DVR36,

DVR39, DVRS3, DVT36, DVT39, DVT43, DVTS2, FS22, FS32, FSDV22, FSDV32,

HE25, HE32, HEB32, and HEDV32 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 50 percent 5 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

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 50 percent

5 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

Majestic Inc. 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.

CFM Majestic Inc.'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 Majestic Inc.

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 50 percent 5 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 Department solicits comments, data, and information respecting

the Petition.

Issued in Washington, DC December 27, 1996.

Christine A. Ervin,

Assistant Secretary, Energy Efficiency and Renewable Energy.

October 31, 1996.

The Honorable Christine Ervin,

Assistant Secretary for Energy Efficiency & Renewable Energy,

United States Department of Energy,

Forrestal Building,

1000 Independence Avenue, S.W.,

Washington, D.C. 20585,

USA.

Dear Madame: We would like to inform you that our name was

recently changed to reflect the current growth in our company.

Accordingly, CFM International Inc. which was previously granted

with the same waivers mentioned below was changed to CFM Majestic

Inc.

Furthermore, CFM Majestic Inc. now have four subsidiaries

namely, The CFM Majestic Products Company; The Majestic Products

Company; Vermont Casting Inc.; and Timberline Gas Logs Inc.

CFM Majestic Inc. models DV32, DV34, DV36, DV40, DVS2, DVS3,

FA20, FS30, FSDV30, HE30, HEDV30/HEDV30-1 which were granted waivers

for pilot energy consumption relief for manually controlled heaters

in the calculation of Annual Fuel Utilization Efficiency (AFUE) and

calculation procedure for weighted average steady state efficiency

for manually controlled heaters with various input rates (please

refer to Federal Register Notice dated Dec. 28, 1995 & April 19,

1996--Case No. DH-004)--have been upgraded with new logs, new

ceramic front burner and new model number namely DVR33, DVR36,

DVT36, DVT43, DVTS2, DVRS3, HE25, FS32, FSDV32, HE32, HEB32, HEDV32

respectively. However, the same transient pilot and manually

controlled gas valve which were petitioned and granted in the

aforementioned waivers were used to models DVR33, DVR36, DVT36,

DVT43, DVTS2, DVRS3, HE25, FS32, FSDV32, HE32, HEB32, HEDV32.

Also, we would like to inform you that models HE40 and FADV20

which were granted waivers for pilot energy consumption relief for

manually controlled heaters in the calculation of Annual Fuel

Utilization Efficiency (AFUE) and calculation procedure for weighted

average steady state efficiency for manually controlled heaters with

various input rates (please refer to Federal Register Notice dated

Dec. 28, 1995 & April 19, 1996--Case No. DH-004) will not be

manufactured, hence waivers previously granted to these models are

no longer required.

CFM Majestic Inc. would like to submit a Petition for Waiver and

an Application for Interim Waiver pursuant to Title 10 Code of

Federal Regulations 430.27, as amended on November 14, 1986 for

models DVR33, DVR36, DVT36, DVT43, DVTS2, DVRS3, HE25, FS32, FSDV32,

HE32, HEB32, HEDV32.

Accordingly, CFM Majestic Inc. would like to request acceptance

of two waivers from the test procedures which appears at 10 CFR,

part 430, subpart B, Appendix O--Uniform

[[Page 745]]

Test Method for Measuring the Energy Consumption of Vented Home

Heating Equipment for gas appliance models included in this request.

Below are excerpts from Vermont Castings Inc.'s letter to The

Honorable Christine Ervin dated July 7, 1995--explaining in detail

the particulars regarding the waivers requested above.

Waiver Request No. 1

This request refers to section 3.1.1--Gas fueled vented home

heating equipment and section 4.2.4--Weighted average steady state

efficiency. These sections state that for manually controlled

heaters with various input rates the weighted average steady state

efficiency is measured at a fuel rate input rate of plus or minus 5

percent of 50 percent of the maximum fuel input rate. All the gas

appliance models included in this request utilize a combination gas

control which has a variable pressure regulator set point which

allows the user to easily vary the manifold pressure of the

appliance within a fixed range of pressures. Specifically the range

of manifold pressure adjustment for Natural Gas is 3.5'' w.c. to

1.7'' w.c. and for Propane Gas from 10.0'' w.c. to 4.9'' w.c. These

pressure ranges allow the user to vary the fuel input rates on all

models included in this request from maximum input to minimum input

which is 70% of maximum input and it is therefore not possible to

obtain a rate of 50% of the maximum input when the heater is

operated according to Manufacturer's Installation Operating Manual.

Since the 50% rate specified in the Regulations can not be normally

achieved on these products we request that this requirement be

waived for the gas appliances included in this request.

CFM Majestic Inc. requests to utilize the test procedure

proposed by DOE on August 23, 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 heater.

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

\2/3\ of maximum fuel input rate.

The current test procedure does not credit CFM Majestic Inc. for

the additional energy savings that occur when the minimum fuel input

rate is limited to 70% of maximum input rate. Test data shows a

significant increase in the actual overall AFUE when compared to

results obtained at a rate of 50% of maximum fuel input rate. Copies

of confidential test data confirming the energy savings will be

forwarded to you upon request.

Waiver Request No. 2

This request refers to 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

(Qp) and the use of this data in the calculation of AFUE for

the energy consumed by the pilot light when the heater is not in

operation.

All gas appliance models included in this request are designed

with a transient pilot which is to be turned off by the user when

the heater is not in use. The control knob on the combination gas

control in these heaters has three positions--``OFF'', ``PILOT'' and

``ON''. Gas flow to the pilot is obtained by rotating the control

knob from ``OFF'' to ``PILOT'', depressing the knob, holding in, and

pressing the piezo ignitor. When the pilot heats a thermocouple

element, sufficient voltage is supplied to the combination gas

control for the pilot to remain lit when the knob is released and

turned to the ``ON'' position. The main burner can then be ignited

by moving an ``ON/OFF'' switch to the ``ON'' position. Since the

current test procedure does not credit CFM Majestic Inc. for the

additional savings that occur when the pilot is turned off, we

request the requirement to include energy input to the pilot light

in AFUE calculation be waived for these appliances.

CFM Majestic Inc. requests to utilize the test procedure

proposed by DOE on August 23, 1993--58 FR44538. Specifically, we

request the term involving the pilot light energy consumption be

deleted from the calculation of AFUE for all gas appliance models

included in this request. This results in an AFUE which is equal to

the heating seasonal efficiency.

Test data shows a significant increase in the actual overall

AFUE when compared to results obtained when energy input to the

pilot is included in the overall AFUE. Copies of confidential test

data confirming the energy savings will be forwarded to you upon

request.

CFM Majestic Inc. is confident that both of these waivers will

be granted, as similar waivers have been granted in the past to

Vermont Casting Inc., CFM International Inc. and other U.S.

manufacturers. Also, the revisions to the test procedures which we

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

1993--58 FR 44538.

Any question 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 Majestic Inc.

[FR Doc. 97-168 Filed 1-3-97; 8:45 am]

BILLING CODE 6450-01-M