[Federal Register Volume 61, Number 79 (Tuesday, April 23, 1996)]
[Notices]
[Pages 17885-17887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9948]



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

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


Energy Conservation Program for Consumer Products: Decision and 
Order Granting a Waiver From the Vented Home Heating Equipment Test 
Procedure to Superior Fireplace Company

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

ACTION: Decision and order.

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

SUMMARY: Notice is given of the Decision and Order (Case No. DH-005) 
granting a Waiver to Superior Fireplace Company (Superior) from the 
existing Department of Energy (DOE or Department) test procedure for 
vented home heating equipment. The Department is granting Superior's 
Petition for Waiver regarding pilot light energy consumption 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 for its models GI-3821, DSH-36T, DVH-33R, DVH-33T, 
DVA-33R, and DVA-33T manually controlled vented heaters.

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 SW., Washington, DC 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, DC 20585-0103, (202) 586-9507.

SUPPLEMENTARY INFORMATION: In accordance with Title 10 CFR 430.27(j), 
notice is hereby given of the issuance of the Decision and Order as set 
out below. In the Decision and Order, Superior has been granted a 
Waiver for its models GI-3821, DSH-36T, DVH-33R, DVH-33T, DVA-33R, and 
DVA-33T manually controlled vented heaters, permitting the company to 
use an alternate test method in determining AFUE.

    Issued in Washington, DC, on April 4, 1996.
Christine A. Ervin,
Assistant Secretary, Energy Efficiency and Renewable Energy.

Decision and Order, Department of Energy, Office of Energy Efficiency 
and Renewable Energy

    In the Matter of: Superior Fireplace Company (Case No. DH-005)

Background

    The Energy Conservation Program for Consumer Products (other than 
automobiles) was established pursuant to the Energy Policy and 
Conservation Act, Public Law 94-163, 89 Stat. 917, 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 purchasing decisions. These test procedures appear at Title 
10 CFR Part 430, Subpart B.
    The Department amended the prescribed test procedures by adding 
Title 10 CFR 430.27 to create a waiver process. 45 FR 64108, September 
26, 1980. Thereafter, DOE further amended its appliance test procedure 
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. 51 FR 42823, 
November 26, 1986.
    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.
    Superior filed a ``Petition for Waiver'' dated August 30, 1995, a 
second letter, dated November 30, 1995, which requested modification to 
the minimum fuel input rate of the vented heaters previously submitted 
for consideration, and a third letter dated January 12, 1996, which 
provided 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 request, in accordance 
with section 430.27 of Title 10 CFR Part 430. The Department published 
in the Federal Register on February 14, 1996, Superior's Petition and 
solicited comments, data and information respecting the Petition. 61 FR 
5755, February 14, 1996. Superior also filed an ``Application for 
Interim Waiver'' under section 430.27(b)(2), which DOE granted on 
February 1, 1996. 61 FR 5755, February 14, 1996.
    No comments were received concerning either the ``Petition for 
Waiver'' or the ``Interim Waiver.'' The Department consulted with The 
Federal Trade Commission (FTC) concerning the Superior Petition. The 
FTC did not have any objections to the issuance of the waiver to 
Superior.

Assertions and Determinations

    Superior's Petition seeks a waiver from the DOE test provisions 
regarding (a) pilot light energy consumption for manually controlled 
heaters in the calculation of AFUE and (b) calculation procedure for 
weighted average steady

[[Page 17886]]

state efficiency for manually controlled heaters with various input 
rates. The DOE test provisions in section 3.5 of Title 10 CFR Part 430, 
Subpart B, Appendix O requires measurement of energy input rate to the 
pilot light (QP) with an error no greater than 3 percent for 
vented heaters, and use of this data in section 4.2.6 for the 
calculation of AFUE using the formula: AFUE = 
[4400SSuQin-max] / 
[4400SSQin-max + 2.5(4600)u 
QP]. Superior requests the allowance to delete the 
[2.5(4600)u QP] term in the denominator in the 
calculation of AFUE when testing its models GI-3821, DSH-36T, DVH-33R, 
DVH-33T, DVA-33R, and DVA-33T manually controlled vented heaters. 
Superior states that its models GI-3821, DSH-36T, DVH-33R, DVH-33T, 
DVA-33R, and DVA-33T manually controlled vented heaters 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, pressing the 
piezo igniter. 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 to instruct users to turn the gas control 
knob to the ``OFF'' position when the heater is not in use, which 
automatically turns off the pilot, are provided in the User's 
Instruction Manual and on a label adjacent to the gas control knob. If 
the manufacturer's instructions are observed by the user, the pilot 
light will not be left on. This will result in a lower energy 
consumption, and in turn a higher efficiency than calculated by the 
current DOE test procedure. Since the current DOE test procedure does 
not address this issue, Superior asks that the Waiver be granted.
    Based on DOE's review of how Superior's models GI-3821, DSH-36T, 
DVH-33R, DVH-33T, DVA-33R, and DVA-33T manually controlled vented 
heaters operate and the fact that if the manufacturer's instructions 
are followed, the pilot light will not be left on, DOE grants Superior 
a Petition for Waiver to exclude the assumed pilot light energy input 
term in the calculation of AFUE.
    This decision is subject to the condition that the heaters shall 
have an easily read label near the gas control knob instructing the 
user to turn the valve to the off-position when the heaters are not in 
use be maintained.
    Superior also seeks a Waiver from the DOE test provisions in 
section 3.1.1 of Title 10 CFR Part 430, Subpart B, Appendix O that 
require steady state efficiency for manually controlled heaters with 
various flow 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 in the calculation of AFUE.
    Superior states that its manually controlled heaters utilize a gas 
control with a variable pressure regulator control that allows the user 
to select various fuel input rates by varying the range of pressures of 
the heaters, and request that it be allowed to determine steady state 
efficiency and weighted average steady state efficiency in the 
calculation of AFUE at a minimum fuel input rate of no greater than 
two-thirds of the maximum fuel input rate instead of the specified 
5 percent of 50 percent of the maximum fuel input rate. 
Also, 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 steady state 
efficiency and 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 have been granted by DOE to Appalachian Stove 
and Fabricators, Inc., 56 FR 51711, October 15, 1991, and Valor Inc., 
56 FR 51714, October 15, 1991.
    Based on DOE having granted similar waivers in the past to heaters 
utilizing a variable pressure regulator control that allows a user to 
set various fuel input rates, DOE agrees that a waiver should be 
granted to allow the determination of steady state efficiency and 
weighted average steady state efficiency used in the calculation of 
AFUE at a minimum fuel input rate of no greater than two-thirds of the 
maximum fuel input rate instead of the specified 5 percent 
of 50 percent of the maximum fuel input rate for Superior models GI-
3821, DSH-36T, DVH-33R, DVH-33T, DVA-33R, and DVA-33T manually 
controlled vented heaters.
    It is therefore, ordered that:
    (1) The ``Petition for Waiver'' filed by Superior Fireplace Company 
(Case No. DH-005) is hereby granted as set forth in paragraph (2) 
below, subject to the provisions of paragraphs (3), (4), and (5).
    (2) Notwithstanding any contrary provisions of Appendix O of Title 
10 CFR Part 430, Subpart B, Superior Fireplace Company shall be 
permitted to test its models GI-3821, DSH-36T, DVH-33R, DVH-33T, DVA-
33R, and DVA-33T manually controlled vented heaters on the basis of the 
test procedure specified in Title 10 CFR Part 430, with modifications 
set forth below:
    (i) Delete paragraph 3.5 of Appendix O.
    (ii) The last paragraph of 3.1.1 of Appendix O is revised to read 
as follows:
    3.1.1  (a) For manually controlled gas fueled vented heaters, with 
various input rates determine the steady-state efficiency at:
    (1) A fuel input rate within 5 percent of 50 percent of 
the maximum fuel input rate or,
    (2) The minimum fuel input rate 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 this minimum input rate is no greater than 
two-thirds of the maximum input rate of the heater.
    (b) If the heater is designed to use a control that precludes 
operation at other than maximum output (single firing rate) determine 
the steady state efficiency at the maximum input rate only.
    (iii) 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.
    (iv) 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

[[Page 17887]]

Fuel Utilization Efficiency (AFUE) as a percent and defined as:

AFUE=u

where:
u=as defined in section 4.2.5 of this appendix.

    (v) With the exception of the modification set forth above, 
Superior Fireplace Company shall comply in all respects with the test 
procedures specified in Appendix O of Title 10 CFR Part 430, Subpart B.
    (3) The Waiver shall remain in effect from the date of issuance of 
this Order until DOE prescribes final test procedures appropriate to 
models GI-3821, DSH-36T, DVH-33R, DVH-33T, DVA-33R, and DVA-33T 
manually controlled vented heaters manufactured by Superior Fireplace 
Company.
    (4) This Waiver is based upon the presumed validity of statements, 
allegations, and documentary materials submitted by the petitioner. 
This Waiver may be revoked or modified at any time upon a determination 
that a factual basis underlying the Petition is incorrect.
    (5) Effective April 14, 1996, this Waiver supersedes the Interim 
Waiver granted Superior Fireplace Company on February 1, 1996. 61 FR 
5755, February 14, 1996. (Case No. DH-005).

    Issued in Washington, D.C., on April 4, 1996.
Christine A. Ervin,
Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. 96-9948 Filed 4-22-96; 8:45 am]
BILLING CODE 6450-01-P