[Federal Register Volume 62, Number 78 (Wednesday, April 23, 1997)]
[Notices]
[Pages 19742-19744]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10494]


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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy
[Case No. DH-011]


Energy Conservation Program for Consumer Products: Granting of 
the Application for Interim Waiver and Publishing of the Petition for 
Waiver of Fireplace Manufacturers Incorporated From the Department of 
Energy 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 Fireplace 
Manufacturers Incorporated from the Department of Energy (Department) 
test procedure for vented home heating equipment. The Interim Waiver 
concerns pilot light energy consumption for Fireplace Manufacturers 
Incorporated's (Fireplace) models DVF30, DVF36, DVF42, DVF36PNL, GW30, 
and GW30P vented heaters.
    Today's notice also publishes a ``Petition for Waiver'' from 
Fireplace. Fireplace's Petition for Waiver requests the Department to 
grant relief from the Department of Energy vented home heating 
equipment test procedure relating to the use of pilot light energy 
consumption in calculating the Annual Fuel Utilization Efficiency 
(AFUE). Specifically, Fireplace 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.

DATES: The Department will accept comments, data, and information not 
later than May 23, 1997.

ADDRESSES: Written comments and statements shall be sent to: Department 
of Energy, Office of Energy Efficiency and Renewable Energy, Case No. 
DH-011, Mail Stop EE-43, Room 1J-018, Forrestal Building, 1000 
Independence Avenue, SW., Washington, DC 20585-0121. Telephone: (202) 
586-7140, Fax: (202) 586-4617.

FOR FURTHER INFORMATION CONTACT: Mr. Bill 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. Telephone: (202) 586-9145, Fax: (202) 586-4617, E-Mail: 
[email protected] or;
    Mr. Eugene Margolis, U.S. Department of Energy, Office of General 
Counsel, Mail Stop GC-72, Forrestal Building, 1000 Independence Avenue, 
SW, Washington, DC, 20585-0103. Telephone: (202) 586-9507, Fax: (202) 
586-4116, E-Mail: [email protected].


[[Page 19743]]



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 the Department 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 26, 1980. Subsequently, the Department 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 
the Department 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 the Department issues a determination on 
the Petition for Waiver, whichever is sooner, and may be extended for 
an additional 180 days, if necessary.
    On December 31, 1996, Fireplace filed an Application for Interim 
Waiver and a Petition for Waiver regarding pilot light energy 
consumption.
    Fireplace seeks an Interim Waiver from the Department 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, Fireplace requests that it be allowed to delete QP 
and accordingly, the [2.5(4600)uQP] 
term in the calculation of AFUE. Fireplace 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 Department of Energy test procedure 
does not address pilot light energy savings, and since others have 
received the same waiver under the same circumstances, Fireplace 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 the Department 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; HEAT-N-GLO 
Fireplace Products, Inc., 61 FR 64519, December 5, 1996; CFM Majestic 
Inc., 62 FR 10547, March 7, 1997; Hunter Energy and Technology Inc., 62 
FR 14408, March 26, 1997; and Wolf Steel Ltd., 62 FR 14409, March 26, 
1997.
    Thus, it appears likely that Fireplace'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 the Department 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, the Department is granting Fireplace 
an Interim Waiver for its models DVF30, DVF36, DVF42, DVF36PNL, GW30, 
and GW30P vented heaters. Fireplace 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 is defined in section 4.2.5 of this 
appendix.
    (iii) With the exception of the modification set forth above, 
Fireplace Manufacturers Incorporated 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 the Department acts on the Petition for Waiver, whichever 
is sooner, and may be extended for an additional 180-day period, if 
necessary.
    Fireplace's Petition for Waiver requests the Department to grant 
relief from the portion of the Department of Energy test procedure for 
vented home heating equipment that relates to measurement of energy 
consumption by the pilot light. Specifically, Fireplace 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.


[[Page 19744]]


    Issued in Washington, DC, on April 17, 1997.
Christine A. Ervin,
Assistant Secretary, Energy Efficiency and Renewable Energy.

Fireplace Manufacturers Incorporated

2701 South Harbor Blvd., Santa Ana, California 92704, (714) 549-7782, 
Fax No. (714) 549-4723

December 31, 1996.
The Honorable Christine Ervin,
Assistant Secretary for Conservation and Renewable Energy, United 
States Department of Energy, Forrestal Building, 1000 Independence 
Avenue, S.W., Washington, D.C. 20585

Subject: Petition for Waiver to Title 10 Code of Federal Regulations 
Sec. 430.27

    Dear Secretary Ervin: This Petition for Waiver from test 
procedures appearing in 10 CFR Sec. 430.27 subpart B, Appendix O--
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 (AFUE). The 
sections require the measurement of energy input to the pilot light 
and the inclusion of this data in the calculation of the AFUE for 
the appliance even when the pilot light is turned off and not 
consuming any energy.
    We are requesting this Waiver for our appliance models: DVF30, 
DVF36, DVF42; DVF36PNL; GW30 and GW30P room heater models 
respectively, using a millivolt controlled ignition system.
    The above mentioned room heaters, are certified to use either 
natural, or liquefied propane gases, respectively.
    The combination of 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 burner are 
extinguished. When the gas control knob is set to the ``ON'' 
position, the main burner and the pilot light are operating. The 
Instruction Manual and a label adjacent to the gas control valve 
will require the user to 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 AFUE 
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 AFUE calculations for our heaters 
noted above. These models meet the conditions described in the 
previous paragraph.
    Waivers for deleting pilot energy consumption in AFUE 
calculations have previously been granted by U.S.D.O.E. to other 
manufacturers. We are petitioning the U.S.D.O.E. to grant Fireplace 
Manufacturers, Incorporated, this same waiver.
    Please contact Fireplace Manufacturers, Incorporated, with any 
questions, comments, and or requirements for additional information 
we can provide. Thank you for your help in this matter.

        Sincerely,
Garrick D. Augustus,
Manufacturing Engineer.

[FR Doc. 97-10494 Filed 4-22-97; 8:45 am]
BILLING CODE 6450-01-P