Energy Conservation Program for Consumer Products: Granting of the Application for Interim Waiver and Publishing of the Petition for Waiver of Wolf Steel Ltd. From the DOE Vented Home Heating Equipment Test Procedure

DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. DH-010]

Energy Conservation Program for Consumer Products: Granting of

the Application for Interim Waiver and Publishing of the Petition for

Waiver of Wolf Steel Ltd. 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 Wolf Steel Ltd.

(Wolf Steel) from the Department of Energy (DOE or Department) test

procedure for vented home heating equipment. The Interim waiver

concerns pilot light energy consumption for Wolf Steel's models GD22,

GD27, GD3200, GD3200B, GD40, GI3014B, GI3014, GI3600, GS3500, GDS3700,

GDS50, GS50, GDI50, and GD45 vented heaters.

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

Steel. Wolf Steel'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, Wolf Steel 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.

DATE: DOE will accept comments, data, and information not later than

March 3, 1997.

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

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

DH-010, 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 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, 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

[[Page 4748]]

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 December 3, 1996, Wolf Steel filed an Application for Interim

Waiver and a Petition for Waiver regarding pilot light energy

consumption.

Wolf Steel seeks an Interim Waiver from 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)u Qp]

Instead, Wolf Steel requests that, in essence, it be allowed to delete

Qp and accordingly, the [2.5(4600)u Qp] term

in the calculation of AFUE. Wolf Steel 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, Wolf Steel 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 Wolf Steel'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 Wolf Steel an

Interim Waiver for its models GD22, GD27, GD3200, GD3200B, GD40,

GI3014B, GI3014, GI3600, GS3500, GDS3700, GDS50, GS50, GDI50, and GD45

vented heaters. Wolf Steel 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, Wolf

Steel 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.

Wolf Steel'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, Wolf Steel 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 January 27, 1997.

Christine A. Ervin,

Assistant Secretary, Energy Efficiency and Renewable Energy.

Tuesday, December 3, 1996

U.S. DEPARTMENT OF ENERGY

Forrestal Building

1000 Independence Avenue, S.W.

Washington, D.C. 20585

Attention: Christine Ervin

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 (A.F.U.E.). These

sections require the measurement of energy input to the pilot light

and the inclusion of this data in the calculation of A.F.U.E. for

the appliance even when the pilot light is turned off and not

consuming any energy.

We are requesting the Waiver for our appliance models: GD22,

GD27, GD3200, GD3200B, GD40, GI3014B, GI3600, GS3500, GDS3700,

GDS50, GS50, GDI50, and GD45.

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. In acting on the waiver, the

appliance Instruction Manual and a label adjacent to the gas control

valve will require the user to

[[Page 4749]]

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 A.F.U.E.

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 A.F.U.E. calculation for our heaters

noted above.

Waivers for deleting pilot energy consumption in A.F.U.E.

calculations have previously been granted by U.S.D.o.E. to other

manufacturers. We are requesting U.S.D.o.E. grant Wolf Steel Ltd.

this same waiver.

Please contact us with any questions, comments, and requirements

for additional information we can provide. Thank you for you help in

this matter.

Sincerely,

John Kennedy,

Lab Technician.

Cliff Lilley,

Design Engineer.

[FR Doc. 97-2395 Filed 1-30-97; 8:45 am]

BILLING CODE 6450-01-P