[Federal Register Volume 61, Number 176 (Tuesday, September 10, 1996)]
[Notices]
[Pages 47741-47743]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23048]


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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 Vermont Castings, Inc. From the DOE Vented Home Heating 
Equipment Test Procedure (Case No. DH-006)

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 heater, model DV40 (Gas Fired Built In Direct Vent Fireplace).
    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 model DV20 vented 
heater. 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 
October 10, 1996.

ADDRESSES: Written comments and statements shall be sent to: Department 
of Energy, Office of Energy Efficiency and Renewable Energy, Case No. 
DH-006, 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 Station EE-431, 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, 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

[[Page 47742]]

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 12, 1996, 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.
    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 requires 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)uQP)

Instead, Vermont Castings requests that it be allowed to delete QP 
and accordingly, the (2.5(4600)uQP) 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, which requires 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; 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; and Superior Fireplace Company, 61 FR 17885, April 23, 1996.
    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 model DV40 vented heater. Vermont Castings shall 
be permitted to test its model DV40 vented heater 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.

[[Page 47743]]

This Interim Waiver may be removed 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.
    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 Department solicits comments, data, and information respecting 
the Petition.

    Issued in Washington, DC, September 4, 1996.
Christine A. Ervin,
Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. 96-23048 Filed 9-9-96; 8:45 am]
BILLING CODE 6450-01-P