[Federal Register Volume 61, Number 31 (Wednesday, February 14, 1996)]
[Notices]
[Pages 5755-5758]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3056]



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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy
[Case No. DH-005]


Energy Conservation Program for Consumer Products: Granting of 
the Application for Interim Waiver and Publishing of the Petition for 
Waiver of Superior Fireplace Company 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 Superior Fireplace 
Company (Superior) 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 GI-3821, DSH-36T, DVH-33R, DVH-33T, DVA-33R, and 
DVA-33T.
    Today's notice also publishes a ``Petition for Waiver'' from 
Superior. Superior'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 GI-3821, DSH-36T, DVH-
33R, DVH-33T, DVA-33R, and DVA-33T vented heaters. Superior 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 
March 15, 1996.

ADDRESSES: Written comments and statements shall be sent to: Department 
of Energy, Office of Energy Efficiency and Renewable Energy, Case No. 
DH-005, Mail Stop EE-43, Room 1J-018, Forrestal Building, 1000 
Independence Avenue SW., 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, 

[[Page 5756]]
Forrestal Building, 1000 Independence Avenue SW., 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 SW., 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 August 30, 1995, Superior 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 
November 30, 1995, Superior submitted a letter to DOE requesting a 
modification to the minimum fuel input rate of the vented heaters 
submitted for consideration in the August 30, 1995 Waiver requests. On 
January 12, 1996, Superior Fireplace Company submitted a letter 
providing a list of companies that make similar products, confidential 
product performance data, and amending the list of models submitted for 
consideration in the August 30, 1995, Waiver requests.
    Superior 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) /
(4400ssQin-max + 2.5(4600)u Qp)

    Instead, Superior requests that it be allowed to delete Qp and 
accordingly, the (2.5(4600)u Qp) term in the 
calculation of AFUE. Superior 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, 
Superior asks that the Interim Waiver be granted.
    Superior 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 
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, Superior 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, 
Superior 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 issues. 58 FR 44583.
    Thus, it appears likely that Superior'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 Superior an Interim 
Waiver for its models GI-3821, DSH-36T, DVH-33R, DVH-33T, DVA-33R, and 
DVA-33T vented heaters. Superior shall be permitted to test its models 
GI-3821, DSH-36T, DVH-33R, DVH-33T, DVA-33R, and DVA-33T 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 

[[Page 5757]]
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, 
Superior 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.
    Superior'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. Superior 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 product performance data provided in Superior's January 
12, 1996 submission is not being published. The Department solicits 
comments, data, and information respecting the Petition.

    Issued in Washington, DC.
    February 1, 1996.
Christine A. Ervin,
Assistant Secretary, Energy Efficiency and Renewable Energy.
August 30, 1995
The Honorable Christine Ervin,
Assistant Secretary for Energy Efficiency & Renewable Energy, United 
States Department of Energy, Forrestal Building, 1000 Independence 
Avenue SW., Washington, D.C. 20585

RE: Petition for Waiver and Application for Interim Waiver

    Dear Secretary Ervin: Superior Fireplace Company is requesting 
you to accept two waivers as listed below, concerning Title 10 Code 
of Federal Regulations 430.27, as amended 14 November 1986.
    These waivers are requested for model GI-3821, DSH-36T.
    1. This waiver request refers to section 3.1.1.--Gas fueled 
vented home heating equipment and section 4.2.4--Weighted-average 
steady-state efficiency which states 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. In fact the above 
appliances have a gas control that comes with a variable pressure 
regulator control knob which can be adjusted from the maximum input 
rate to the minimum input rate. Specifically, Natural gas control 
knob has adjustment of manifold pressure from 3.5'' W.C. to 2.5'' 
W.C. and for Propane from 10.0'' W.C. to 6.4'' W.C. These pressure 
ranges allow the users to vary the fuel input rate as shown below in 
the table. It is impossible to achieve the fuel input rate of 50% 
according to the manufacturer's installation instructions. Because 
the above models cannot be operated at 50% of the maximum fuel input 
and usually operated at maximum fuel input rate we request that this 
requirement be modified to 80% of the difference between the maximum 
fuel input rate and the minimum fuel input rate.

                                                                                                                
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                                                                  Percentage                                    
                                         Maximum      Minimum      maximum             Manifold pressure        
                                        rate BTUH    rate BTUH       rate                                       
----------------------------------------------------------------------------------------------------------------
GI-3821-N............................        38000        30000           79  3.5-2.2 W.C.                      
GI-3821-P............................        34000        26000           76  10-6.4 W.C.                       
DSH-36T-N............................        27000        21000           77  3.5-2.2 W.C.                      
DSH-36T-P............................        25000        20000           80  10-6.4 W.C.                       
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    2. Second waiver refers to section 3.5--Pilot Light Measurement 
and section 4.26--Annual Fuel Utilization Efficiency. This section 
requires the calculation of the pilot light energy to be figured in 
for calculation of AFUE if the pilot is in operation all the time. 
The gas control knob on these appliances have three settings--
``OFF,'' ``ON'' and ``PILOT''. The pilot can be lighted with the 
piezo igniter when the gas control knob is turned and depressed at 
the ``PILOT'' position. Once the pilot is lighted, it will heat the 
thermopile which generates enough voltage to the gas control valve 
to have the pilot remain lit. The gas control knob can then be 
turned to the ``ON'' position for the main burner to turn on. 
Instructions and labels next to the control will require users to 
turn the gas control knob to the ``OFF'' position during the off 
cycle will be provided. Therefore, additional energy will be 
conserved. Since the current test procedure does not allow any 
credit given in the calculations for AFUE for saving energy from the 
pilot during the off cycle, we request that the requirement to 
include energy input to the pilot light in the AFUE calculation be 
waived for these appliances. Copies of confidential test data 
confirming the energy savings will be forwarded to you upon request.
    Superior Fireplace Company is confident that both waivers will 
be granted since similar waivers have been granted in the past to 
Appalachian Stove and Fabricators, Inc. and Valor Incorporated.
    A copy of this petition for waiver and Application for Interim 
Waiver is being sent to the manufacturers that produce similar 
products in the U.S.A.

        Sincerely,
Hardial Gore,
Sr. Project Engineer.
Nov. 30, 1995
The Honorable Christine Ervin,
Assistant Secretary for Energy Efficiency & Renewable Energy, United 
States Department of Energy, Forrestal Building, 1000 Independence 
Avenue SW., Washington, D.C. 20585

RE: Amendment to Petition for Waiver and Application for Interim 
Waiver


[[Page 5758]]

    Dear Secretary Ervin: In order to expedite the approval to 
petition for waiver and application for interim waiver requested in 
my letter dated Aug. 30th 1995, Superior Fireplaces Company is ready 
to accept the changes to the first waiver as follows:
    Superior Fireplaces Company will adopt 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\ the maximum input rate of the fireplace. 
Specifically, the models included in this request will be tested at 
\2/3\ of the maximum fuel input rate.
    The second waiver requested in my first letter will remain 
unchanged.
    We are very confident that both of these waivers will be granted 
since similar waivers have been granted to the other manufacturers.

        Sincerely,
Hardial Gore,
Sr. Project Engineer.
January 12, 1996
The Honorable Christine Ervin, Assistant Secretary for Energy, 
Efficiency & Renewable Energy, United States Department of Energy, 
Forrestal Building, 1000 Independence Avenue, SW., Washington, D.C. 
20585

RE: Additional information to Petition for Waiver and Application 
for Interim Waiver

    Dear Secretary Ervin: Recent conversations with William Hui 
prompted me to send you the following information requested by the 
committee.
    Per your first request following is a list of companies that 
Superior knows make similar products namely Heat and Glow, Majestic, 
Heatilator, CFM, Vermont Castings, Appalachian Stove and 
Fabricators, Inc. and Valor Incorporated.
    Per your second request below is a table that shows a general 
trend of increase in efficiency as the input is increased. This 
information is confidential; please do not publish. This data was 
gathered from a DVH-33R model.

CONFIDENTIAL

    As discussed with Mr. Hui we would like to add additional models 
DVH-33R, DVH-33T, DVA-33R, DVA-33T to the list for approval besides 
the GI 3821 and DSH-36T.
    If you have any questions please feel free to contact me.

        Sincerely,
Hardial Gore,
Sr. Project Engineer, Gas Products.
[FR Doc. 96-3056 Filed 2-13-96; 8:45 am]
BILLING CODE 6450-01-M