96-26162. 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 DOE Vented Home Heating Equipment Test Procedure  

  • [Federal Register Volume 61, Number 199 (Friday, October 11, 1996)]
    [Notices]
    [Pages 53366-53367]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-26162]
    
    
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    DEPARTMENT OF ENERGY
    Office of Energy Efficiency and Renewable Energy
    [Case No. DH-007]
    
    
    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 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 HEAT-N-GLO 
    Fireplace Products, Inc. (HEAT-N-GLO) from the existing Department of 
    Energy (DOE or Department) test procedure regarding pilot light energy 
    consumption for its model AT-SUPREME, BAY-GDV, BAY-STOVE, DVT-INSERT, 
    DVT-STOVE, R5500RH, SL-3000, SL-32S, TOWNSEND I, TOWNSEND II, and 
    6000XLS vented heaters.
        Today's notice also publishes a ``Petition for Waiver'' from HEAT-
    N-GLO. HEAT-N- GLO'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, HEAT-N-GLO seeks to 
    delete the required pilot light measurement (QP) in the 
    calculation of AFUE when the pilot is off. The Department is soliciting 
    comments, data, and information respecting the Petition for Waiver.
    
    DATES: DOE will accept comments, data, and information not later than 
    November 12, 1996.
    
    ADDRESSES: Written comments and statements shall be sent to: Department 
    of Energy, Office of Energy Efficiency and Renewable Energy, Case No. 
    DH-007, Mail Stop EE-43, Room 1J-018, Forrestal Building, 1000 
    Independence Avenue, S.W., 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 Station EE-431, 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 Station 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 August 13, 1996, 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 
    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)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. 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, 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 home heating equipment 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; and Superior Fireplace Company, 61 FR 17885, April 23, 1996.
        Thus, it appears likely that HEAT-N-GLO's Petition for Waiver for 
    pilot light 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 HEAT-N-GLO an 
    Interim
    
    [[Page 53367]]
    
    Waiver for its model AT-SUPREME, BAY-GDV, BAY-STOVE, DVT-INSERT, DVT-
    STOVE, R5500RH, SL-3000, SL-32S, TOWNSEND I, TOWNSEND II, and 6000XLS 
    vented heaters. HEAT-N-GLO shall be permitted to test its model AT-
    SUPREME, BAY-GDV, BAY-STOVE, DVT-INSERT, DVT-STOVE, R5500RH, SL-3000, 
    SL-32S, TOWNSEND I, TOWNSEND II, and 6000XLS 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 4.2.6 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, 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 
    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.
        HEAT-N-GLO's Petition for Waiver requests DOE to grant relief from 
    the DOE vented home heating equipment relating to the pilot light. 
    Specifically, HEAT-N-GLO seeks to exclude the pilot light energy 
    consumption in 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 October 7, 1996.
    Christine A. Ervin,
    Assistant Secretary, Energy Efficiency and Renewable Energy.
    
    Heat-N-Glo Quality Fireplace Products Since 1975
    
    August 13, 1996.
    The Honorable Christine Ervin,
    Assistant Secretary of Energy Efficiency & 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 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). 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: AT-
    SUPREME, BAY-GDV, BAY-STOVE, DVT-INSERT, DVT-STOVE, R5500RH, SL-
    3000, SL-32S, TOWNSEND I, TOWNSEND II, AND 6000XLS.
        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 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.
        Waivers for deleting pilot energy consumption in AFUE 
    calculations have previously been granted by U.S.D.o.E. to other 
    manufacturers. We are requesting U.S.D.o.E. grant Heat-N-Glo 
    Fireplace Products, Inc. this same waiver.
        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. 96-26162 Filed 10-10-96; 8:45 am]
    BILLING CODE 6450-01-P
    
    
    

Document Information

Published:
10/11/1996
Department:
Energy Efficiency and Renewable Energy Office
Entry Type:
Notice
Action:
Notice.
Document Number:
96-26162
Dates:
DOE will accept comments, data, and information not later than November 12, 1996.
Pages:
53366-53367 (2 pages)
Docket Numbers:
Case No. DH-007
PDF File:
96-26162.pdf