[Federal Register Volume 61, Number 199 (Friday, October 11, 1996)]
[Notices]
[Pages 53366-53367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-26162]


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DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. DH-007]


Energy Conservation Program for Consumer Products: Granting of 
the Application for Interim Waiver and Publishing of the Petition for 
Waiver of HEAT-N-GLO Fireplace Products, Inc. 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 HEAT-N-GLO 
Fireplace Products, Inc. (HEAT-N-GLO) from the existing Department of 
Energy (DOE or Department) test procedure regarding pilot light energy 
consumption for its model AT-SUPREME, BAY-GDV, BAY-STOVE, DVT-INSERT, 
DVT-STOVE, R5500RH, SL-3000, SL-32S, TOWNSEND I, TOWNSEND II, and 
6000XLS vented heaters.
    Today's notice also publishes a ``Petition for Waiver'' from HEAT-
N-GLO. HEAT-N- GLO'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, HEAT-N-GLO seeks to 
delete the required pilot light measurement (QP) in the 
calculation of AFUE when the pilot is off. The Department is soliciting 
comments, data, and information respecting the Petition for Waiver.

DATES: DOE will accept comments, data, and information not later than 
November 12, 1996.

ADDRESSES: Written comments and statements shall be sent to: Department 
of Energy, Office of Energy Efficiency and Renewable Energy, Case No. 
DH-007, Mail Stop EE-43, Room 1J-018, Forrestal Building, 1000 
Independence Avenue, S.W., 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, 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: 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 13, 1996, HEAT-N-GLO filed an Application for Interim 
Waiver and a Petition for Waiver regarding pilot light energy 
consumption.
    HEAT-N-GLO 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)u QP)

Instead, HEAT-N-GLO requests that it be allowed to delete QP and 
accordingly, the (2.5(4600)u QP) term in the 
calculation of AFUE. HEAT-N-GLO 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, HEAT-N-
GLO 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 home heating equipment 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; and Superior Fireplace Company, 61 FR 17885, April 23, 1996.
    Thus, it appears likely that HEAT-N-GLO's Petition for Waiver for 
pilot light 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 HEAT-N-GLO an 
Interim

[[Page 53367]]

Waiver for its model AT-SUPREME, BAY-GDV, BAY-STOVE, DVT-INSERT, DVT-
STOVE, R5500RH, SL-3000, SL-32S, TOWNSEND I, TOWNSEND II, and 6000XLS 
vented heaters. HEAT-N-GLO shall be permitted to test its model AT-
SUPREME, BAY-GDV, BAY-STOVE, DVT-INSERT, DVT-STOVE, R5500RH, SL-3000, 
SL-32S, TOWNSEND I, TOWNSEND II, and 6000XLS 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 4.2.6 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, HEAT-
N-GLO 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.
    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.
    HEAT-N-GLO's Petition for Waiver requests DOE to grant relief from 
the DOE vented home heating equipment relating to the pilot light. 
Specifically, HEAT-N-GLO seeks to exclude the pilot light energy 
consumption in 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 October 7, 1996.
Christine A. Ervin,
Assistant Secretary, Energy Efficiency and Renewable Energy.

Heat-N-Glo Quality Fireplace Products Since 1975

August 13, 1996.
The Honorable Christine Ervin,
Assistant Secretary of Energy Efficiency & Renewable Energy, United 
States Department of Energy, Forrestal Building, 1000 Independence 
Avenue, S.W., Washington, D.C. 20585

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 O--
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 (AFUE). These 
sections require the measurement of energy input to the pilot light 
and the inclusion of this data in the calculation of AFUE for the 
appliance even when the pilot light is turned off and not consuming 
any energy.
    We are requesting this Waiver for our appliance models: AT-
SUPREME, BAY-GDV, BAY-STOVE, DVT-INSERT, DVT-STOVE, R5500RH, SL-
3000, SL-32S, TOWNSEND I, TOWNSEND II, AND 6000XLS.
    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. The appliance Instruction Manual 
and a label adjacent to the gas control valve will require the user 
to 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 AFUE 
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 AFUE calculation for our heaters 
noted above. These models meet the conditions described in the 
previous paragraph.
    Waivers for deleting pilot energy consumption in AFUE 
calculations have previously been granted by U.S.D.o.E. to other 
manufacturers. We are requesting U.S.D.o.E. grant Heat-N-Glo 
Fireplace Products, Inc. this same waiver.
    Please contact us with any questions, comments, and requirements 
for additional information we can provide. Thank you for your help 
in this matter.

        Sincerely,
Chuck Hansen,
Tech. Services--Engineering.
Gregg Achman,
Manager, Design Engineering.
[FR Doc. 96-26162 Filed 10-10-96; 8:45 am]
BILLING CODE 6450-01-P