[Federal Register Volume 60, Number 249 (Thursday, December 28, 1995)]
[Notices]
[Pages 67130-67133]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-31424]



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DEPARTMENT OF ENERGY

Energy Conservation Program for Consumer Products: Granting of 
the Application for Interim Waiver and Publishing of the Petition for 
Waiver of Vermont Castings, Inc. From the DOE Vented Home Heating 
Equipment Test Procedure (Case No. DH-003)

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 Vermont Castings, 
Inc. (Vermont Castings) from the existing Department of Energy (DOE or 
Department) test procedure regarding pilot light energy consumption and 
weighted average steady-state efficiency for its manually controlled 
vented heaters, models DV25 (Gas Fired Freestanding Direct Vent 
Firebox) and DH20 (Gas Fired Wallmount/Zero Clearance Direct Vent 
Firebox).
    Today's notice also publishes a ``Petition for Waiver'' from 
Vermont Castings. Vermont Castings' 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 DV25 and DH20 
vented heaters. Vermont Castings 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 instead 
of the specified 5 percent of 50 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 
January 29, 1996.

ADDRESSES: Written comments and statements shall be sent to: Department 
of Energy, Office of Energy Efficiency and Renewable Energy, Case No. 
DH-003, Mail Stop EE-43, Room 1J-018, Forrestal Building, 1000 
Independence Avenue, S.W., Washington, D.C. 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 Station EE-431, Forrestal Building, 1000 
Independence Avenue, S.W., Washington, D.C. 20585-0121, (202) 586-9145,
Eugene Margolis, Esq., U.S. Department of Energy, Office of General 
Counsel, Mail Station GC-72, Forrestal Building, 1000 Independence 
Avenue, S.W., Washington, D.C. 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 July 7, 1995, Vermont Castings filed an Application for Interim 
Waiver and a Petition for Waiver regarding (a) pilot light energy 
consumption and (b) weighted average steady state efficiency. On 
October 30, 1995, Vermont Castings submitted a letter to DOE requesting 
modifications to the model nomenclature and minimum fuel input rate of 
the vented heaters submitted for consideration in the July 7, 1995 
Waiver requests.
    Vermont Castings seeks an Interim Waiver from the DOE test 
provisions in section 3.5 of Title 10 CFR Part 430, Subpart B, Appendix 
O, that require 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) / 
(4400SSuQin-
max+2.5(4600)uQP)

Instead, Vermont Castings requests that it be allowed to delete Qp 
and accordingly, the (2.5(4600) u Qp) term in the 
calculation of AFUE. Vermont Castings 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, 
Vermont Castings asks that the Interim Waiver be granted.
    Vermont Castings 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, 

[[Page 67131]]
which require steady state efficiency of manually controlled vented 
heaters with various input rates to be determined at a fuel input rate 
that is within 5 percent of 50 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, Vermont Castings 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. 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 within 5 percent of 50 percent of 
the maximum fuel input rate, Vermont Castings 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 of 65.3 percent of the maximum fuel input rate 
instead of the specified 5 percent of 50 percent of the 
maximum fuel input rate have been granted by DOE to Appalachian Stove 
and Fabricators, Inc., 56 FR 51711, October 15, 1991, and Valor 
Incorporated, 56 FR 51714, October 15, 1991.
    The Department published a Notice of Proposed Rulemaking on August 
23, 1993, to amend the vented home heating equipment test procedure, 
which would allow the above requests. 58 FR 44583.
    Thus, it appears likely that Vermont Castings' 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 Vermont Castings an 
Interim Waiver for its models DV25 and DH20 vented heaters. Vermont 
Castings shall be permitted to test its models DV25 and DH20 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  5 percent of 50 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 5 percent 
of 50 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, 
Vermont Castings 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.
    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.
    Vermont Castings' 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. Vermont Castings 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 
5 percent of 50 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 Petition contains confidential company information; thus, the 
confidential attachments submitted by Vermont Castings are not being 
published. The Department solicits comments, data, and information 
respecting the Petition.

    Issued in Washington, D.C. on December 21, 1995.
Christine A. Ervin,
Assistant Secretary, Energy Efficiency and Renewable Energy.

Vermont Castings

July 7, 1995.
The Honorable Christine Ervin,
Assistant Secretary for Energy Efficiency and Renewable Energy, 
United States Department of Energy, Forrestal Building, 1000 
Independence Avenue, S.W., Washington, D.C. 20585

Re: Petition for Waiver and Application for Interim Waiver

    Dear Secretary Ervin: This is a Petition for Waiver and 
Application for Interim Waiver submitted pursuant to Title 10 Code 
of Federal Regulations 430.27. as amended 14 November 1986. Vermont 
Castings is requesting acceptance of two waivers from the test 
procedures which appear at 10 CFR, part 430, subpart B. Appendix O--
Uniform Test Method for Measuring the Energy Consumption of Vented 
Home Heating Equipment. The particular sections for which the 
waivers are required are detailed in each of the following Waiver 
Requests.
    These waivers are requested for:

MODEL DV25

    Gas Fired Freestanding Direct Vent Firebox

MODEL DV20

    Gas Fired Wallmount/Zero Clearance Direct Vent Firebox

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 input rate of 5 percent 
of 50 percent of the maximum fuel input rate. Both of the heater 
models included in this request utilize a combination gas control 
with 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 
adjustment 

[[Page 67132]]
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 the model DV25 from 25,000 BTUH to 
17,500 BTUH and on the model DV20 from 20,000 BTUH to 14,000 BTUH. 
For both models the minimum fuel input rate is limited to 70% of the 
maximum fuel input rate and it is therefore not possible to operate 
these heaters in accordance with the Manufacturer's Users 
Instructions and obtain a rate of 50% of the maximum fuel input 
rate. Since the 50% rate specified in the Regulations can not be 
normally achieved on these products we request that this requirement 
be waived for these appliances.
    Vermont Castings requests to utilize the test procedure proposed 
by DOE on 23 August, 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\ maximum input rate of the heater. Specifically, the 
models included in this request will be tested at \2/3\ of the 
maximum fuel input rate.
    The current test procedure does not credit Vermont Castings for 
the additional energy savings that occur when the minimum fuel input 
rate is limited to 70% of the 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 the 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.
    Both of the heater 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. 
Instructions in both the Users Instruction Manual and on a label 
adjacent to the gas control require the user to move the gas control 
knob to the ``OFF '' position when the heater is not in use. Since 
the current test procedure does not credit Vermont Castings for the 
additional energy savings that occur when the pilot is turned off, 
we request the requirement to include energy input to the pilot 
light in the AFUE calculation be waived for these appliances.

    Vermont Castings requests to utilize the test procedure purposed 
by DOE on 23 August, 1993. 58 FR 44538. Specifically, we request the 
term involving the pilot light energy consumption be deleted from 
the calculation of AFUE for the 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.
    Vermont Castings is confident that both of these waivers will be 
granted, as similar waivers have been granted in the past to 
Appalachian Stove and Fabricators, Inc. and Valor Incorporated. 
Also, the revisions to the test procedure which we request have been 
published by DOE as proposed changes on 23 August, 1993. 58 FR 
44538.
    Manufacturers that domestically market similar products are 
being sent a copy of this Petition for Waiver and Application for 
Interim Waiver.

        Sincerely,
Steve Ballou,
Director of Engineering.

DOE Waiver Request Vendors Being Notified

Aladdin Steel Products, Inc., 401 North Wynne Street, Colville, WA 
99114, Attn: Alan J. Trusler
Canadian Heating Products Inc., 12091 88th Avenue, Surrey, B.C. V3W 
3J5, Canada, Attn: Dan Binzer, President
CFM Inc., 475 Admiral Boulevard, Mississauga, Ontario L5T 2N1, 
Canada, Attn: Heinz Rieger, President
Fireplace Manufacturers Incorporated, 2701 South Harbor Boulevard, 
Santa Ana, CA 92704-5803. Attn: Steve Cropp, Vice President of 
Engineering
Hearthstone Stoves/NHC Inc., P.O. Box 1069, Morrisville, VT 05661, 
Attn: Manuel L. Perez, President
Heatilator, Inc., 1915 West Saunders Street, Mt. Pleasant, IA 52641, 
Attn: Bob Burns, President
Heat-N-Glo Fireplace Products, Inc., 6665 West Highway 13, Savage, 
MN 55378, Attn: Ron Shimek, President
Hunter Enterprises Orillia Ltd., 100 Hunter Valley Road, P.O. Box 
400, Orillia, Ontario L3V 6K1, Canada, Attn: Bryan Spencer, 
Engineering Manager
The Majestic Company, 1000 East Market Street, Huntington, IN 46750-
2576, Attn: J. Michael Whiteman, Director, Product Development
Martin Industries, Inc., P.O. Box 128, Florence, AL 35630, Attn: 
James D. Wilson, President and CEO
Mendota Hearth Corporation, 1890 Wooddale Drive, Woodbury, MN 55125, 
Attn: Gregory Iverson, National Marketing Manager
Regency Fireplace Products, 7830 Vantage Way, Delta, B.C. V4G 1A7, 
Canada, Attn: Robert Little, President
Superior Fireplace Company, 4325 Artesia Avenue, Fullerton, CA 
92633-2522, Attn: Samir Barudi, Vice President, Engineering
Temco Fireplace Products, 301 So. Perimeter Park Drive, Suite 227, 
Nashville, TN 37211-4128, Attn: Jack Fahey, Vice President, Sales 
and Mktg.

Vermont Castings

    October 30, 1995--Revised

Mr. Bill Hui,
Office of Energy Efficiency and Renewable Energy, United States 
Department of Energy, Forrestal Building, 1000 Independence Avenue, 
S.W., Washington, D.C. 20585
Re: Vermont Castings Petition for Waiver and Application for Interim 
Waiver

    Dear Mr. Hui: I am writing in response to your request for more 
information regarding our Petition for Waiver and Application for 
Interim Waiver dated July 7, 1995. Some of the information in our 
original request has been changed.
    The gas control for the new model DV25 has been changed to allow 
the user to adjust the fuel input rate from a maximum of 25,000 BTUH 
to a minimum of 20,000 BTUH. The minimum fuel input rate will be 
limited to 80 percent of the maximum fuel input rate rather than 70 
percent of the maximum fuel input rate as stated in our original 
request.
    The model nomenclature for model DV20 has been changed to DH20 
and the minimum fuel input rate will also been limited to 80 percent 
of the maximum fuel input rate. This model will have a maximum fuel 
input rate of 20,000 BTUH and a minimum fuel input rate of 16,000 
BTUH rather than 14,000 BTUH as stated in our original request.
    Both of these models will be shipped from our factory with a gas 
control which limits the range of adjustment by the homeowner to the 
ranges specified above. When these units are tested in our 
laboratory at lower firerates, the gas control must be modified in 
one of two ways:
     The regulator assembly located on the gas control is 
replaced with a regulator assembly which allows adjustment to a 
lower manifold pressure (lower firerate).
     The regulator assembly located on the gas control is 
modified by breaking a seal and readjusting internal stops to allow 
adjustment to a lower manifold pressure.
    Even though these Vermont Castings units can only be turned down 
to 80 percent of their maximum fire rate when shipped from our 
factory we have requested to calculate AFUE ratings for our initial 
production units by testing at \2/3\'s of the maximum fire rate. 
Attached to this letter is data from one pre-production model which 
compares AFUE ratings based on fire rates of 100 percent, 80 
percent, \2/3\ and 50 percent of the maximum fire rate. This data 
shows that an AFUE rating based on \2/3\ maximum firerate is lower 
than an AFUE rating based on 80 percent maximum firerate.
    Vermont Castings will support a DOE proposal to rate appliances 
at the lower value obtained form tests at the maximum firerate and 
the minimum firerate as shipped from the factory. Until this test 
procedure can be finalized, we request that our interim waiver 
utilizing a more conservative method of rating at \2/3\ maximum 
firerate be granted as soon as possible.

[[Page 67133]]

        Sincerely,
Dave Christensen,
Project Engineer.
[FR Doc. 95-31424 Filed 12-27-95; 8:45 am]
BILLING CODE 6450-01-M