Energy Conservation Program for Consumer Products: Granting of the Application for Interim Waiver and Publishing of the Petition for Waiver of Hunter Energy and Technology Inc. From the DOE Vented Home Heating Equipment Test Procedure (Case No. DH-009)

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 Hunter Energy and Technology Inc. From the DOE Vented Home

Heating Equipment Test Procedure (Case No. DH-009)

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 Hunter Energy and

Technology Inc. (Hunter) from the Department of Energy (DOE or

Department) test procedure for vented home heating equipment. The

Interim Waiver concerns pilot light energy consumption for Hunter's

models FI25H, HDS2000, HDV30E, HDV2500, PW20, PW35, PW50, HFI30, HFS40,

HWF15, and HWF30 vented heaters.

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

Hunter. Hunter'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, Hunter 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: DOE will accept comments, data, and information not later than

February 28, 1997.

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

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

DH-009, 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; 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, (202) 586-9507.

SUPPLEMENTARY INFORMATION: The Energy Conservation Program for

[[Page 4275]]

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 amendments to the test

procedures resolve 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 if 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 22, 1996, Hunter filed an Application for Interim Waiver

and a Petition for Waiver regarding pilot light energy consumption.

Hunter seeks an Interim Waiver of the DOE 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)uQp]

instead, Hunter requests that, in essence, it be allowed to delete QP

and accordingly, the [2.5(4600)uQP] term in the

calculation of AFUE. Hunter 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 pilot

light energy savings, and since others have received the same waiver

under the same circumstances, Hunter 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 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;

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

Fireplace Products, Inc., 61 FR 64519, December 5, 1996.

Thus, it appears likely that Hunter'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 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 Hunter an Interim

Waiver for its model FI25H, HDS2000, HDV30E, HDV2500, PW20, PW35, PW50,

HFI30, HFS40, HWF15, and HWF30 vented heaters. Hunter 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=as defined in section 4.2.5 of this appendix.

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

Hunter 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 DOE acts on the Petition for Waiver, whichever is sooner,

and may be extended for an additional 180-day period, if necessary.

Hunter's Petition for Waiver requests DOE to grant relief from the

portion of DOE test procedure for vented home heating equipment that

relates to measurement of energy consumption by the pilot light.

Specifically, Hunter 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, January 22, 1997.

Christine A. Ervin,

Assistant Secretary, Energy Efficiency and Renewable Energy.

October 22, 1996.

Christine A. 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, Please accept this letter as a Petition

for Waiver from the test procedures outlined in 10 CFR, part 430,

subpart B, Appendix O--Uniform Test Method for Measuring the Energy

Consumption of Vented Home Heating Equipment.

There are two sections for which the waiver is requested.

Section 3.5--Pilot Light Measurement and Section 4.2.6--Annual Fuel

Utilization Efficiency.

[[Page 4276]]

These sections require the measurement of energy input of the

pilot and this measurement to be included in the calculation of the

AFUE for the appliance.

Hunter is requesting that the pilot energy consumption be waived

from the AFUE calculation for each of the models listed below. Each

of these models are presently listed in the GAMA Directory.

--F125H

--HDS2000

--HDV30E

--HDV2500

--PW20

--PW35

--PW50

--HF130

--HFS40

--HWF15

--HWF30

The combination gas control valves that are used in these

appliances can be manually turned off when the appliance is not in

use. When the gas control knob is in the ``OFF'' position, both the

pilot and main burner is off. To operate the appliance, the pilot

must be re-lit and the gas control knob turned to the ``ON''

position and both the pilot and main burner will be in operation.

The Lighting Instructions in the appliance Instruction Manual

and the Lighting Instructions label affixed to the appliance will

require the user to turn the gas control knob on the valve to the

``OFF'' position when the appliance is not in use.

The U.S. Department of Energy has previously granted this same

waiver to a number of manufacturers. Hunter requests that the U.S.

Department of Energy grant Hunter Energy and Technology Inc. this

same waiver.

If you have any questions or require any additional information

regarding the above subject matter, please contact me anytime at

(705) 325-6111.

Sincerely,

Don Leslie,

Design and Development Engineering Manager.

[FR Doc. 97-2174 Filed 1-28-97; 8:45 am]

BILLING CODE 6450-01-P