[Federal Register Volume 62, Number 3 (Monday, January 6, 1997)]
[Notices]
[Pages 742-745]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-168]


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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 CFM Majestic Inc. from the DOE Vented Home Heating Equipment 
Test Procedure. (Case No. DH-008)

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 CFM Majestic Inc. 
from the existing Department of Energy (DOE or Department) test 
procedure

[[Page 743]]

regarding pilot light energy consumption and weighted average steady-
state efficiency for its models A120, A125, A130, A132, A230, A232, 
AB132, D130, D132, D230, D232, D332, D334, D336, DR333, DR336, DR339, 
DT336, DT339, DT343, DVR33, DVR36, DVR39, DVRS3, DVT36, DVT39, DVT43, 
DVTS2, FS22, FS32, FSDV22, FSDV32, HE25, HE32, HEB32, and HEDV32 vented 
heaters.
    Today's notice also publishes a ``Petition for Waiver'' from CFM 
Majestic Inc. CFM Majestic Inc.'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) and the calculation of 
weighted average steady state efficiency of its models A120, A125, 
A130, A132, A230, A232, AB132, D130, D132, D230, D232, D332, D334, 
D336, DR333, DR336, DR339, DT336, DT339, DT343, DVR33, DVR36, DVR39, 
DVRS3, DVT36, DVT39, DVT43, DVTS2, FS22, FS32, FSDV22, FSDV32, HE25, 
HE32, HEB32, and HEDV32 vented heaters. CFM Majestic Inc. 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 of the maximum fuel input rate instead of 
the specified 50 percent plus-minus 5 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 
February 5, 1997.

ADDRESSES: Written comments and statements shall be sent to: Department 
of Energy, Office of Energy Efficiency and Renewable Energy, Case No. 
DH-008, 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 Stop 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 Stop 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 October 31, 1996, CFM Majestic Inc. filed an Application for 
Interim Waiver and a Petition for Waiver regarding (a) pilot light 
energy consumption and (b) weighted average steady state efficiency.
    CFM Majestic Inc. 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, CFM Majestic Inc. requests that it be allowed to delete 
QP and accordingly, the (2.5(4600)u QP) term 
in the calculation of AFUE. CFM Majestic Inc. 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, CFM Majestic Inc. asks that the Interim Waiver be granted.
    CFM Majestic Inc. 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 of 50 percent  5 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, CFM Majestic Inc. 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  
5 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 50 percent  5 percent 
of the maximum fuel input rate, CFM Majestic Inc. 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 no greater than two-thirds of the maximum fuel 
input rate instead of the specified

[[Page 744]]

50 percent  5 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; Superior Fireplace 
Company, 61 FR 17885, April 23, 1996; and Vermont Castings, Inc., 61 FR 
57857, November 8, 1996.
    Thus, it appears likely that CFM Majestic Inc.'s 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 CFM Majestic Inc. an 
Interim Waiver for its models A120, A125, A130, A132, A230, A232, 
AB132, D130, D132, D230, D232, D332, D334, D336, DR333, DR336, DR339, 
DT336, DT339, DT343, DVR33, DVR36, DVR39, DVRS3, DVT36, DVT39, DVT43, 
DVTS2, FS22, FS32, FSDV22, FSDV32, HE25, HE32, HEB32, and HEDV32 vented 
heaters. CFM Majestic Inc. shall be permitted to test its models A120, 
A125, A130, A132, A230, A232, AB132, D130, D132, D230, D232, D332, 
D334, D336, DR333, DR336, DR339, DT336, DT339, DT343, DVR33, DVR36, 
DVR39, DVRS3, DVT36, DVT39, DVT43, DVTS2, FS22, FS32, FSDV22, FSDV32, 
HE25, HE32, HEB32, and HEDV32 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 4.2.4 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 50 percent  5 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 50 percent 
 5 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, CFM 
Majestic Inc. 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.
    CFM Majestic Inc.'s 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. CFM Majestic Inc. 
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 50 percent  5 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 December 27, 1996.
Christine A. Ervin,
Assistant Secretary, Energy Efficiency and Renewable Energy.
October 31, 1996.
The Honorable Christine Ervin,
Assistant Secretary for Energy Efficiency & Renewable Energy,
United States Department of Energy,
Forrestal Building,
1000 Independence Avenue, S.W.,
Washington, D.C. 20585,
USA.

    Dear Madame: We would like to inform you that our name was 
recently changed to reflect the current growth in our company. 
Accordingly, CFM International Inc. which was previously granted 
with the same waivers mentioned below was changed to CFM Majestic 
Inc.
    Furthermore, CFM Majestic Inc. now have four subsidiaries 
namely, The CFM Majestic Products Company; The Majestic Products 
Company; Vermont Casting Inc.; and Timberline Gas Logs Inc.
    CFM Majestic Inc. models DV32, DV34, DV36, DV40, DVS2, DVS3, 
FA20, FS30, FSDV30, HE30, HEDV30/HEDV30-1 which were granted waivers 
for pilot energy consumption relief 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 (please 
refer to Federal Register Notice dated Dec. 28, 1995 & April 19, 
1996--Case No. DH-004)--have been upgraded with new logs, new 
ceramic front burner and new model number namely DVR33, DVR36, 
DVT36, DVT43, DVTS2, DVRS3, HE25, FS32, FSDV32, HE32, HEB32, HEDV32 
respectively. However, the same transient pilot and manually 
controlled gas valve which were petitioned and granted in the 
aforementioned waivers were used to models DVR33, DVR36, DVT36, 
DVT43, DVTS2, DVRS3, HE25, FS32, FSDV32, HE32, HEB32, HEDV32.
    Also, we would like to inform you that models HE40 and FADV20 
which were granted waivers for pilot energy consumption relief 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 (please refer to Federal Register Notice dated 
Dec. 28, 1995 & April 19, 1996--Case No. DH-004) will not be 
manufactured, hence waivers previously granted to these models are 
no longer required.
    CFM Majestic Inc. would like to submit a Petition for Waiver and 
an Application for Interim Waiver pursuant to Title 10 Code of 
Federal Regulations 430.27, as amended on November 14, 1986 for 
models DVR33, DVR36, DVT36, DVT43, DVTS2, DVRS3, HE25, FS32, FSDV32, 
HE32, HEB32, HEDV32.
    Accordingly, CFM Majestic Inc. would like to request acceptance 
of two waivers from the test procedures which appears at 10 CFR, 
part 430, subpart B, Appendix O--Uniform

[[Page 745]]

Test Method for Measuring the Energy Consumption of Vented Home 
Heating Equipment for gas appliance models included in this request. 
Below are excerpts from Vermont Castings Inc.'s letter to The 
Honorable Christine Ervin dated July 7, 1995--explaining in detail 
the particulars regarding the waivers requested above.

Waiver Request No. 1

    This request refers to section 3.1.1--Gas fueled vented home 
heating equipment and section 4.2.4--Weighted average steady state 
efficiency. These sections state that for manually controlled 
heaters with various input rates the weighted average steady state 
efficiency is measured at a fuel rate input rate of plus or minus 5 
percent of 50 percent of the maximum fuel input rate. All the gas 
appliance models included in this request utilize a combination gas 
control which has a variable pressure regulator set point which 
allows the user to easily vary the manifold pressure of the 
appliance within a fixed range of pressures. Specifically the range 
of manifold pressure adjustment for Natural Gas is 3.5'' w.c. to 
1.7'' w.c. and for Propane Gas from 10.0'' w.c. to 4.9'' w.c. These 
pressure ranges allow the user to vary the fuel input rates on all 
models included in this request from maximum input to minimum input 
which is 70% of maximum input and it is therefore not possible to 
obtain a rate of 50% of the maximum input when the heater is 
operated according to Manufacturer's Installation Operating Manual. 
Since the 50% rate specified in the Regulations can not be normally 
achieved on these products we request that this requirement be 
waived for the gas appliances included in this request.
    CFM Majestic Inc. requests to utilize the test procedure 
proposed by DOE on August 23, 1993--58 FR 44538. Accordingly, we 
request to calculate the weighted average steady state efficiency 
using the minimum obtainable fuel input rate provided this rate is 
no greater than \2/3\ the maximum input rate of the heater. 
Specifically, the models included in this request will be tested at 
\2/3\ of maximum fuel input rate.
    The current test procedure does not credit CFM Majestic Inc. for 
the additional energy savings that occur when the minimum fuel input 
rate is limited to 70% of maximum input rate. Test data shows a 
significant increase in the actual overall AFUE when compared to 
results obtained at a rate of 50% of maximum fuel input rate. Copies 
of confidential test data confirming the energy savings will be 
forwarded to you upon request.

Waiver Request No. 2

    This request refers to 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 
(Qp) and the use of this data in the calculation of AFUE for 
the energy consumed by the pilot light when the heater is not in 
operation.
    All gas appliance models included in this request 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, and 
pressing the piezo ignitor. 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. Since the 
current test procedure does not credit CFM Majestic Inc. for the 
additional savings that occur when the pilot is turned off, we 
request the requirement to include energy input to the pilot light 
in AFUE calculation be waived for these appliances.
    CFM Majestic Inc. requests to utilize the test procedure 
proposed by DOE on August 23, 1993--58 FR44538. Specifically, we 
request the term involving the pilot light energy consumption be 
deleted from the calculation of AFUE for all gas appliance models 
included in this request. This results in an AFUE which is equal to 
the heating seasonal efficiency.
    Test data shows a significant increase in the actual overall 
AFUE when compared to results obtained when energy input to the 
pilot is included in the overall AFUE. Copies of confidential test 
data confirming the energy savings will be forwarded to you upon 
request.
    CFM Majestic Inc. is confident that both of these waivers will 
be granted, as similar waivers have been granted in the past to 
Vermont Casting Inc., CFM International Inc. and other U.S. 
manufacturers. Also, the revisions to the test procedures which we 
request have been published by DOE as proposed changes on August 23, 
1993--58 FR 44538.
    Any question regarding this subject, please contact me at the 
above address. Your help is highly appreciated. Thank you.
    Yours Truly,
Ferdinand M. Francisco,
Lab. Manager, CFM Majestic Inc.
[FR Doc. 97-168 Filed 1-3-97; 8:45 am]
BILLING CODE 6450-01-M