[Federal Register Volume 62, Number 21 (Friday, January 31, 1997)]
[Notices]
[Pages 4747-4749]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2395]


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DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. DH-010]


Energy Conservation Program for Consumer Products: Granting of 
the Application for Interim Waiver and Publishing of the Petition for 
Waiver of Wolf Steel Ltd. 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 Wolf Steel Ltd. 
(Wolf Steel) from the Department of Energy (DOE or Department) test 
procedure for vented home heating equipment. The Interim waiver 
concerns pilot light energy consumption for Wolf Steel's models GD22, 
GD27, GD3200, GD3200B, GD40, GI3014B, GI3014, GI3600, GS3500, GDS3700, 
GDS50, GS50, GDI50, and GD45 vented heaters.
    Today's notice also publishes a ``Petition for Waiver'' from Wolf 
Steel. Wolf Steel'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, Wolf Steel seeks to 
delete the required pilot light measurement (Qp) in the 
calculation of AFUE when the pilot is off. The Department solicits 
comments, data, and information respecting the Petition for Waiver.

DATE: DOE will accept comments, data, and information not later than 
March 3, 1997.

ADDRESSES: Written comments and statements shall be sent to: Department 
of Energy, Office of Energy Efficiency and Renewable Energy, Case No. 
DH-010, 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; or
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, and will determine whether a product 
complies with the applicable energy conservation standard. 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

[[Page 4748]]

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 December 3, 1996, Wolf Steel filed an Application for Interim 
Waiver and a Petition for Waiver regarding pilot light energy 
consumption.
    Wolf Steel seeks an Interim Waiver from the DOE test provisions in 
section 3.5 of Title 10 CFR Part 430, Subpart B, Appendix O, which 
requires measurement of energy input rate of the pilot light (Qp), 
and in section 4.2.6, which requires the use of this data for the 
calculation of AFUE, where:

AFUE = [4400SSuQin-max]/ 
[4400SSQin-max+ 2.5(4600)u Qp]

Instead, Wolf Steel requests that, in essence, it be allowed to delete 
Qp and accordingly, the [2.5(4600)u Qp] term 
in the calculation of AFUE. Wolf Steel 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. Since the current DOE test procedure does not address 
pilot light energy savings, and since others have received the same 
waiver under the same circumstances, Wolf Steel 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 vented heaters 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; Superior Fireplace Company, 61 FR 17885, April 23, 1996; 
Vermont Castings, Inc., 61 FR 57857, November 8, 1996; and HEAT-N-GLO 
Fireplace Products, Inc., 61 FR 64519, December 5, 1996.
    Thus, it appears likely that Wolf Steel's Petition for Waiver 
concerning pilot light energy consumption for vented heaters 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 Wolf Steel an 
Interim Waiver for its models GD22, GD27, GD3200, GD3200B, GD40, 
GI3014B, GI3014, GI3600, GS3500, GDS3700, GDS50, GS50, GDI50, and GD45 
vented heaters. Wolf Steel shall be permitted to test these models of 
its vented heaters on the basis of the test procedures specified in 
Title 10 CFR Part 430, Subpart B, Appendix O, with the following 
modifications:
    (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, Wolf 
Steel 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 all 
statements and allegations submitted by the company. This Interim 
Waiver may be revoked 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.
    Wolf Steel's Petition for Waiver requests DOE to grant relief from 
the portion of DOE test procedure for vented home heating equipment 
that relates to measurement of energy consumption by the pilot light. 
Specifically, Wolf Steel seeks to exclude the pilot light energy 
consumption from 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, on January 27, 1997.
Christine A. Ervin,
Assistant Secretary, Energy Efficiency and Renewable Energy.
Tuesday, December 3, 1996
U.S. DEPARTMENT OF ENERGY
Forrestal Building
1000 Independence Avenue, S.W.
Washington, D.C. 20585

Attention: Christine Ervin

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 0-
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 (A.F.U.E.). These 
sections require the measurement of energy input to the pilot light 
and the inclusion of this data in the calculation of A.F.U.E. for 
the appliance even when the pilot light is turned off and not 
consuming any energy.
    We are requesting the Waiver for our appliance models: GD22, 
GD27, GD3200, GD3200B, GD40, GI3014B, GI3600, GS3500, GDS3700, 
GDS50, GS50, GDI50, and GD45.
    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. In acting on the waiver, the 
appliance Instruction Manual and a label adjacent to the gas control 
valve will require the user to

[[Page 4749]]

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 A.F.U.E. 
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 A.F.U.E. calculation for our heaters 
noted above.
    Waivers for deleting pilot energy consumption in A.F.U.E. 
calculations have previously been granted by U.S.D.o.E. to other 
manufacturers. We are requesting U.S.D.o.E. grant Wolf Steel Ltd. 
this same waiver.
    Please contact us with any questions, comments, and requirements 
for additional information we can provide. Thank you for you help in 
this matter.
    Sincerely,
John Kennedy,
Lab Technician.
Cliff Lilley,
Design Engineer.
[FR Doc. 97-2395 Filed 1-30-97; 8:45 am]
BILLING CODE 6450-01-P