[Federal Register Volume 61, Number 235 (Thursday, December 5, 1996)]
[Notices]
[Pages 64519-64521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-30940]


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


Energy Conservation Program for Consumer Products: Decision and 
Order Granting a Waiver from the Vented Home Heating Equipment Test 
Procedure to HEAT-N-GLO Fireplace Products, 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-007) 
granting a Waiver to HEAT-N-GLO Fireplace Products, Inc. (HEAT-N-GLO) 
from the existing Department of Energy (DOE or Department) test 
procedure for vented home heating equipment. The Department is granting 
HEAT-N-GLO's Petition for Waiver regarding pilot light energy 
consumption in the calculation of Annual Fuel Utilization Efficiency 
(AFUE) for its models AT-SUPREME, BAY-GDV, BAY-STOVE, DVT-INSERT, DVT-
STOVE, R5500RH, SL-3000, SL-32S, TOWNSEND I, TOWNSEND II, and 6000XLS 
vented heaters.

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. In the Decision and Order, HEAT-N-GLO has been granted a 
Waiver for its models AT-SUPREME, BAY-GDV, BAY-STOVE, DVT-INSERT, DVT-
STOVE,

[[Page 64520]]

R5500RH, SL-3000, SL-32S, TOWNSEND I, TOWNSEND II, and 6000XLS vented 
heaters, permitting the company to use an alternate test method in 
determining AFUE.


    Issued in Washington, DC, on November 20, 1996.
Christine A. Ervin,
Assistant Secretary, Energy Efficiency and Renewable Energy.

Decision and Order

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.
    HEAT-N-GLO filed a ``Petition for Waiver,'' dated August 13, 1996, 
in accordance with section 430.27 of Title 10 CFR Part 430. The 
Department published in the Federal Register on October 11, 1996, HEAT-
N-GLO's Petition and solicited comments, data and information 
respecting the Petition. 61 FR 53366, October 11, 1996. HEAT-N-GLO also 
filed an ``Application for Interim Waiver'' under section 430.27(b)(2), 
which DOE granted on October 7, 1996. 61 FR 53366, October 11, 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 HEAT-N-GLO Petition. The 
FTC did not have any objections to the issuance of the waiver to HEAT-
N-GLO.

Assertions and Determinations

    HEAT-N-GLO's Petition seeks a waiver from the DOE test provisions 
regarding pilot light energy consumption for vented heaters in the 
calculation of AFUE. 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)uQP]. 
HEAT-N-GLO requests the allowance to delete the 
[2.5(4600)uQP] term in the denominator in the 
calculation of AFUE when testing its models 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 states that its 
models AT-SUPREME, BAY-GDV, BAY-STOVE, DVT-INSERT, DVT-STOVE, R5500RH, 
SL-3000, SL-32S, TOWNSEND I, TOWNSEND II, and 6000XLS 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 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, HEAT-
N-GLO 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 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 17290, April 19, 1996; 
Superior Fireplace Company, 61 FR 17885, April 23, 1996; and Vermont 
Castings, Inc., 61 FR 57857, November 8, 1996.
    Based on DOE having granted similar waivers in the past to vented 
heaters utilizing a manual transient pilot control, its review of how 
HEAT-N-GLO's models AT-SUPREME, BAY-GDV, BAY-STOVE, DVT-INSERT, DVT-
STOVE, R5500RH, SL-3000, SL-32S, TOWNSEND I, TOWNSEND II, and 6000XLS 
vented heaters operate and the fact that if the manufacturer's 
instructions are followed, the pilot light will not be left on, DOE 
grants HEAT-N-GLO 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.
    It is therefore, ordered that:
    (1) The ``Petition for Waiver'' filed by HEAT-N-GLO Fireplace 
Products, Inc. (Case No. DH-007) 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, HEAT-N-GLO Fireplace Products, Inc. shall 
be permitted to test its models 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 procedure specified 
in Title 10 CFR Part 430, with 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:


[[Page 64521]]


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 Fireplace Products, 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 
models AT-SUPREME, BAY-GDV, BAY-STOVE, DVT-INSERT, DVT-STOVE, R5500RH, 
SL-3000, SL-32S, TOWNSEND I, TOWNSEND II, and 6000XLS vented heaters 
manufactured by HEAT-N-GLO Fireplace Products, 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 20, 1996, this Waiver supersedes the Interim 
Waiver granted HEAT-N-GLO Fireplace Products, Inc. on October 7, 1996, 
61 FR 53366, October 11, 1996. (Case No. DH-007).

    Issued in Washington, DC, on November 20, 1996.
Christine A. Ervin,
Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. 96-30940 Filed 12-4-96; 8:45 am]
BILLING CODE 6450-01-P