[Federal Register Volume 61, Number 218 (Friday, November 8, 1996)]
[Notices]
[Pages 57857-57859]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-28745]
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DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. DH-006]
Energy Conservation Program for Consumer Products: Decision and
Order Granting a Waiver From the Vented Home Heating Equipment Test
Procedure to Vermont Castings, 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-006)
granting a Waiver to Vermont Castings, Inc. (Vermont Castings) from the
existing Department of Energy (DOE or Department) test procedure for
vented home heating equipment. The Department is granting Vermont
Castings' Petition for Waiver regarding pilot light energy consumption
for manually controlled heaters in the calculation of Annual Fuel
Utilization Efficiency (AFUE), and calculation procedure for weighted
average steady state efficiency for manually controlled heaters with
various input rates for its model DV40 manually controlled vented
heater.
FOR FURTHER INFORMATION CONTACT:
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
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: 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.
[[Page 57858]]
In the Decision and Order, Vermont Castings has been granted a Waiver
for its model DV40 manually controlled vented heater, permitting the
company to use an alternate test method in determining AFUE.
Issued in Washington, DC, on November 4, 1996.
Christine A. Ervin,
Assistant Secretary, Energy Efficiency and Renewable Energy.
Decision and Order
In the matter of: Vermont Castings, Inc. (Case No. DH-006).
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. 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.
Vermont Castings filed a ``Petition for Waiver,'' dated July 12,
1996, in accordance with section 430.27 of Title 10 CFR Part 430. The
Department published in the Federal Register on September 10, 1996,
Vermont Castings' Petition and solicited comments, data and information
respecting the Petition. 61 FR 47741, September 10, 1996. Vermont
Castings also filed an ``Application for Interim Waiver'' under section
430.27(b)(2), which DOE granted on September 4, 1996. 61 FR 47741,
September 10, 1996.
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 Vermont Castings
Petition. The FTC did not have any objections to the issuance of the
waiver to Vermont Castings.
Assertions and Determinations
Vermont Castings' Petition seeks a waiver from the DOE test
provisions regarding (a) pilot light energy consumption for manually
controlled heaters in the calculation of AFUE and (b) calculation
procedure for weighted average steady state efficiency for manually
controlled heaters with various input rates. The DOE test provisions in
section 3.5 of Title 10 CFR Part 430, Subpart B, Appendix O requires
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)u QP].
Vermont Castings requests the allowance to delete the
[2.5(4600)uQP] term in the denominator in the
calculation of AFUE when testing its model DV40 manually controlled
vented heater. Vermont Castings states that its model DV40 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 instruct 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 adjacent to the gas control knob. If
the manufacturer's instructions are observed by the user, the pilot
light will not be left on. This will result in a lower energy
consumption, and in turn a higher efficiency than calculated by the
current DOE test procedure. Since the current DOE test procedure does
not address this issue, Vermont Castings asks that the Waiver be
granted.
Based on DOE's review of how Vermont Castings' model DV40 manually
controlled vented heater operates and the fact that if the
manufacturer's instructions are followed, the pilot light will not be
left on, DOE grants Vermont Castings a Petition for Waiver to exclude
the assumed pilot light energy input term 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 be maintained.
Vermont Castings also seeks a Waiver from the DOE test provisions
in section 3.1.1 of Title 10 CFR Part 430, Subpart B, Appendix O that
requires steady state efficiency for manually controlled heaters with
various flow rates to be determined at a fuel input rate that is within
5 percent of 50 percent of the maximum fuel input rate, and
the use of this data in section 4.2.4 to determine the weighted average
steady state efficiency in the calculation of AFUE.
Vermont Castings states that its manually controlled heaters
utilize a gas control with a variable pressure regulator control that
allows the user to select various fuel input rates by varying the range
of pressures of the heaters, and requests that it be allowed to
determine steady state efficiency and weighted average steady state
efficiency in the calculation of AFUE at a minimum fuel input rate of
no greater than two-thirds of the maximum fuel input rate instead of
the specified 5 percent of 50 percent of the maximum fuel
input rate. Also, 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 and allowance to
determine steady state efficiency and weighted average steady state
efficiency used in the calculation of AFUE at a minimum fuel input rate
of no greater than two-thirds of the maximum fuel input rate 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
[[Page 57859]]
17290, April 19, 1996; and Superior Fireplace Company, 61 FR 17885,
April 23, 1996.
Based on DOE having granted similar waivers in the past to heaters
utilizing a variable pressure regulator control that allows a user to
set various fuel input rates, DOE agrees that a waiver should be
granted to allow the determination of steady state efficiency and
weighted average steady state efficiency used in the calculation of
AFUE at a minimum fuel input rate of no greater than two-thirds of the
maximum fuel input rate instead of the specified 5 percent
of 50 percent of the maximum fuel input rate for Vermont Castings model
DV40 manually controlled vented heater.
It is therefore, ordered that:
(1) The ``Petition for Waiver'' filed by Vermont Castings, Inc.
(Case No. DH-006) 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, Vermont Castings, Inc. shall be permitted
to test its model DV40 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) The last paragraph of 3.1.1 of Appendix O is revised to read
as follows:
3.1.1 (a) For manually controlled gas fueled vented heaters, with
various input rates determine the steady-state efficiency at:
(1) A fuel input rate within 5 percent of 50 percent of
the maximum fuel input rate or,
(2) The minimum fuel input rate if the design of the heater is such
that 5 percent of 50 percent of the maximum fuel input rate
can not be set, provided this minimum input rate is no greater than
two-thirds of the maximum input rate of the heater.
(b) If the heater is designed to use a control that precludes
operation at other than maximum output (single firing rate) determine
the steady state efficiency at the maximum input rate only.
(iii) Delete paragraph 4.2.4 of Appendix O and replace with the
following paragraph:
4.2.4 Weighted Average Steady-State Efficiency. (a) For manually
controlled heaters with various input rates, the weighted average
steady-state efficiency (SS-WT) is:
(1) At 5 percent of 50 percent of the maximum fuel
input rate as measured in either section 3.1.1 to this appendix for
manually controlled gas vented heaters or section 3.1.2 to this
appendix for manually controlled oil vented heaters, or
(2) At the minimum fuel input rate as measured in either section
3.1.1 to this appendix for manually controlled gas vented heaters or
section 3.1.2 to this appendix for manually controlled oil vented
heaters if the design of the heater is such that 5 percent
of 50 percent of the maximum fuel input rate cannot be set, provided
the tested input rate is no greater than two-thirds of maximum input
rate of the heater.
(b) For manually controlled heater with one single firing rate, the
weighted average steady-state efficiency is the steady-state efficiency
measured at the single firing rate.
(iv) 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.
(v) With the exception of the modification set forth above, Vermont
Castings, 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
model DV40 manually controlled vented heater manufactured by Vermont
Castings, 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 November 4, 1996, this Waiver supersedes the Interim
Waiver granted Vermont Castings, Inc. on September 4, 1996. 61 FR
47741, September 10, 1996. (Case No. DH-006).
Issued in Washington, DC, on November 4, 1996.
Christine A. Ervin,
Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. 96-28745 Filed 11-7-96; 8:45 am]
BILLING CODE 6450-01-P
