[Federal Register Volume 62, Number 98 (Wednesday, May 21, 1997)]
[Notices]
[Pages 27727-27729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-13309]


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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 HEAT-N-GLO Fireplace Products, Inc., From the Department of 
Energy Vented Home Heating Equipment Test Procedure (Case No. DH-012)

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 HEAT-N-GLO 
Fireplace Products, Inc. (HEAT-N-GLO), from the Department of Energy 
(DOE or Department) test procedure for vented home heating equipment. 
The Interim Waiver concerns pilot light energy consumption for HEAT-N-
GLO's models BAYFYRE-TRS and 6000XLT vented heaters.
    Today's notice also publishes a ``Petition for Waiver'' from HEAT-
N-GLO. HEAT-N-GLO's Petition for Waiver requests the Department 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, HEAT-N-GLO 
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 June 20, 1997.

ADDRESSES: Written comments and statements shall be sent to: Department 
of Energy, Office of Energy Efficiency and Renewable Energy, Case No. 
DH-012, Mail Stop EE-43, Room 1J-018, Forrestal Building, 1000 
Independence Avenue, SW., Washington, DC 20585-0121. Telephone: (202) 
586-7140, Facsimile: (202) 586-4617.

FOR FURTHER INFORMATION CONTACT: 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, Facsimile: (202) 586-4617, E-Mail: 
[email protected] 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. Telephone: 
(202) 586-9507, Facsimile: (202) 586-4116, E-Mail: 
[email protected]

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

[[Page 27728]]

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 April 10, 1997, HEAT-N-GLO filed an Application for Interim 
Waiver and a Petition for Waiver regarding pilot light energy 
consumption.
    HEAT-N-GLO seeks an Interim Waiver from the DOE test provisions in 
Sec. 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 Sec. 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, HEAT-N-GLO requests that it be allowed to delete 
QP and accordingly, the [2.5(4600)u 
QP] term in the calculation of AFUE. HEAT-N-GLO 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 energy savings from the pilot light, HEAT-N-GLO 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 HEAT-N-GLO'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 information, the Department is 
granting HEAT-N-GLO an Interim Waiver for its models BAYFYRE-TRS and 
6000XLT vented heaters. HEAT-N-GLO 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 Sec. 4.2.5 of this Appendix.

    (iii) With the exception of the modification set forth above, HEAT-
N-GLO 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 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.
    HEAT-N-GLO's Petition for Waiver requests the Department to grant 
relief from the portion of the DOE test procedure for vented home 
heating equipment that relates to measurement of energy consumption by 
the pilot light. Specifically, HEAT-N-GLO 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 May 14, 1997.
Joseph J. Romm,
Acting Assistant Secretary, Energy Efficiency and Renewable Energy.

Heat-N-Glo

Quality Fireplace Products Since 1975

April 10, 1997.
The Honorable Chistine Ervin,
Assistant Secretary of Energy, Efficiency 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 
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 (AFUE). These 
sections require the measurement of energy input to the pilot light 
and the inclusion of this data in the calculation of 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: BAYFYRE-
TRS and 6000XLT.
    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. The appliance 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

[[Page 27729]]

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 calculation for our heaters noted above. These models meet the 
conditions described in the previous paragraph.
    Please contact us with any questions, comments, and requirements 
for additional information we can provide. Thank you for your help 
in this matter.

        Sincerely,
Chuck Hansen,
Tech. Services--Engineering.
Gregg Achman,
Manager, Design Engineering.
[FR Doc. 97-13309 Filed 5-20-97; 8:45 am]
BILLING CODE 6450-01-P