[Federal Register Volume 62, Number 58 (Wednesday, March 26, 1997)]
[Notices]
[Pages 14408-14409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-7610]



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DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. DH-009]


Energy Conservation Program for Consumer Products: Decision and 
Order Granting a Waiver From the Vented Home Heating Equipment Test 
Procedure to Hunter Energy and Technology 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-009) 
granting a Waiver to Hunter Energy and Technology Inc. (Hunter) from 
the existing Department of Energy (DOE or Department) test procedure 
for vented home heating equipment. The Department is granting Hunter's 
Petition for Waiver regarding the use of pilot light energy consumption 
in calculating the Annual Fuel Utilization Efficiency (AFUE) for its 
models FI25H, HDS2000, HDV30E, HDV2500, PW20, PW35, PW50, HFI30, HFS40, 
HWF15, and HWF30 manually controlled vented heaters.

FOR FURTHER INFORMATION CONTACT:

Mr. 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; or
Mr. Eugene Margolis, 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, Hunter has been granted a Waiver 
for its models FI25H, HDS2000, HDV30E, HDV2500, PW20, PW35, PW50, 
HFI30, HFS40, HWF15, and HWF30 manually controlled vented heaters, 
permitting the company to use an alternate test method in determining 
AFUE.

    Issued in Washington, DC, on March 19, 1997.
Christine A. Ervin,
Assistant Secretary, Energy Efficiency and Renewable Energy.

Decision and Order

Department of Energy

Office of Energy Efficiency and Renewable Energy

    In the matter of: Hunter Energy and Technology Inc. (Case No. 
DH-009).

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, 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 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.
    Hunter filed a ``Petition for Waiver,'' dated October 22, 1996, in 
accordance with section 430.27 of Title 10 CFR Part 430. The Department 
published in the Federal Register on January 29, 1997, Hunter's 
Petition and solicited comments, data and information respecting the 
Petition, 62 FR 4274 (January 29, 1997). Hunter also filed an 
``Application for Interim Waiver'' under section 430.27(b)(2), which 
DOE granted on January 22, 1997, 62 FR 4274 (January 29, 1997).
    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 Hunter Petition. The FTC 
does not have any objections to the issuance of the waiver to Hunter.

Assertions and Determinations

    Hunter's Petition seeks a waiver from the DOE test provisions 
regarding the use of pilot light energy consumption in calculating the 
AFUE. The DOE test provisions in section 3.5 of Title 10 CFR Part 430, 
Subpart B, Appendix O require 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].

Hunter requests that, in essence, it be allowed to delete QP and, 
accordingly, the [2.5(4600)huQP] term in the calculation 
of AFUE. Hunter states that its models FI25H, HDS2000, HDV30E, HDV2500, 
PW20, PW35, PW50, HFI30, HFS40, HWF15, and HWF30 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 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 affixed to the appliance. If the manufacturer's instructions 
are observed by the user, the pilot light will not be left on. Since 
the current DOE test procedure does not

[[Page 14409]]

address this issue, and since others have received the same waiver 
under the same circumstances, Hunter asks that the Waiver be granted. 
Previous Petitions for Waiver under the same circumstances 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); Vermont Castings, Inc., 61 FR 57857 (November 
8, 1996); and Heat-N-Glo, 61 FR 64519 (December 5, 1996).
    Based on DOE's review of how Hunter's models FI25H, HDS2000, 
HDV30E, HDV2500, PW20, PW35, PW50, HFI30, HFS40, HWF15, and HWF30 
manually controlled vented heaters operate and the fact that if the 
manufacturer's instructions are followed, the pilot light will not be 
left on, DOE grants Hunter its Petition for Waiver to exclude the pilot 
light energy input 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 Hunter Energy and 
Technology Inc. (Case No. DH-009) 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, Hunter Energy and Technology Inc. shall be 
permitted to test its models FI25H, HDS2000, HDV30E, HDV2500, PW20, 
PW35, PW50, HFI30, HFS40, HWF15, and HWF30 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) 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 is defined in section 4.2.5 of this appendix.

    (iii) With the exception of the modification set forth above, 
Hunter Energy and Technology 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 FI25H, HDS2000, HDV30E, HDV2500, PW20, PW35, PW50, HFI30, HFS40, 
HWF15, and HWF30 manually controlled vented heaters manufactured by 
Hunter Energy and Technology, 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 March 19, 1997, this Waiver supersedes the Interim 
Waiver granted Hunter Energy and Technology, Inc. on January 22, 1997, 
62 FR 4274 (January 29, 1997). (Case No. DH-009).

    Issued in Washington, DC, on March 19, 1997.
Christine A. Ervin,
Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. 97-7610 Filed 3-25-97; 8:45 am]
BILLING CODE 6450-01-P