[Federal Register Volume 61, Number 218 (Friday, November 8, 1996)]
[Notices]
[Pages 57857-57859]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-28745]


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DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. DH-006]


Energy Conservation Program for Consumer Products: Decision and 
Order Granting a Waiver From the Vented Home Heating Equipment Test 
Procedure to Vermont Castings, Inc.

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

ACTION: Decision and Order.

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SUMMARY: Notice is given of the Decision and Order (Case No. DH-006) 
granting a Waiver to Vermont Castings, Inc. (Vermont Castings) from the 
existing Department of Energy (DOE or Department) test procedure for 
vented home heating equipment. The Department is granting Vermont 
Castings' 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 model DV40 manually controlled vented 
heater.
FOR FURTHER INFORMATION CONTACT:
William W. Hui, U.S. Department of Energy, Office of Energy Efficiency 
and Renewable Energy, Mail Station EE-43
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.

[[Page 57858]]

In the Decision and Order, Vermont Castings has been granted a Waiver 
for its model DV40 manually controlled vented heater, permitting the 
company to use an alternate test method in determining AFUE.

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

Decision and Order

    In the matter of: Vermont Castings, Inc. (Case No. DH-006).

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.
    Vermont Castings filed a ``Petition for Waiver,'' dated July 12, 
1996, in accordance with section 430.27 of Title 10 CFR Part 430. The 
Department published in the Federal Register on September 10, 1996, 
Vermont Castings' Petition and solicited comments, data and information 
respecting the Petition. 61 FR 47741, September 10, 1996. Vermont 
Castings also filed an ``Application for Interim Waiver'' under section 
430.27(b)(2), which DOE granted on September 4, 1996. 61 FR 47741, 
September 10, 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 Vermont Castings 
Petition. The FTC did not have any objections to the issuance of the 
waiver to Vermont Castings.

Assertions and Determinations

    Vermont Castings' 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 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]. 
Vermont Castings requests the allowance to delete the 
[2.5(4600)uQP] term in the denominator in the 
calculation of AFUE when testing its model DV40 manually controlled 
vented heater. Vermont Castings states that its model DV40 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, Vermont Castings asks that the Waiver be 
granted.
    Based on DOE's review of how Vermont Castings' model DV40 manually 
controlled vented heater operates and the fact that if the 
manufacturer's instructions are followed, the pilot light will not be 
left on, DOE grants Vermont Castings 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.
    Vermont Castings 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 
requires 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.
    Vermont Castings 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 requests 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 no greater than two-thirds of the maximum fuel input rate have been 
granted by DOE to Appalachian Stove and Fabricators, Inc., 56 FR 51711, 
October 15, 1991; Valor Inc., 56 FR 51714, October 15, 1991; CFM 
International Inc., 61 FR 17287, April 19, 1996; Vermont Castings, 
Inc., 61 FR

[[Page 57859]]

17290, April 19, 1996; and Superior Fireplace Company, 61 FR 17885, 
April 23, 1996.
    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 Vermont Castings model 
DV40 manually controlled vented heater.
    It is therefore, ordered that:
    (1) The ``Petition for Waiver'' filed by Vermont Castings, Inc. 
(Case No. DH-006) 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, Vermont Castings, Inc. shall be permitted 
to test its model DV40 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 cannot 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 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, Vermont 
Castings, Inc. 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 
model DV40 manually controlled vented heater manufactured by Vermont 
Castings, Inc.
    (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 November 4, 1996, this Waiver supersedes the Interim 
Waiver granted Vermont Castings, Inc. on September 4, 1996. 61 FR 
47741, September 10, 1996. (Case No. DH-006).

    Issued in Washington, DC, on November 4, 1996.
Christine A. Ervin,
Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. 96-28745 Filed 11-7-96; 8:45 am]
BILLING CODE 6450-01-P