95-31423. Energy Conservation Program for Consumer Products: Granting of the Application for Interim Waiver and Publishing of the Petition for Waiver of CFM International Inc. From the DOE Vented Home Heating Equipment Test Procedure (Case No. DH-...  

  • [Federal Register Volume 60, Number 249 (Thursday, December 28, 1995)]
    [Notices]
    [Pages 67127-67130]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-31423]
    
    
    
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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 CFM International Inc. From the DOE Vented Home Heating 
    Equipment Test Procedure (Case No. DH-004)
    
    AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
    Energy.
    
    ACTION: Notice.
    
    -----------------------------------------------------------------------
    
    SUMMARY: Today's notice grants an Interim Waiver to CFM International 
    Inc. (CFM) from the existing Department of Energy (DOE or Department) 
    test procedure regarding pilot light energy consumption and weighted 
    average steady-state efficiency for its manually controlled vented 
    heaters, models DV32, DV34, DV36, DV40, DVS2, DVS3, HEDV30, HEDV30-1, 
    FSDV30, FS30, FA20, HE30, HEB30, FADV20, and HE40.
        Today's notice also publishes a ``Petition for Waiver'' from CFM. 
    CFM'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) and the calculation of weighted average 
    steady state efficiency of its models DV32, DV34, DV36, DV40, DVS2, 
    DVS3, HEDV30, HEDV30-1, FSDV30, FS30, FA20, HE30, HEB30, FADV20, and 
    HE40 vented heaters. CFM seeks to delete the required pilot light 
    measurement (Qp) in the calculation of AFUE when the pilot is off, 
    and to test at a minimum fuel input rate of two-thirds instead of the 
    specified 5 percent of 50 percent of the maximum fuel input 
    in the calculation of AFUE. The Department is soliciting comments, 
    data, and information respecting the Petition for Waiver.
    
    DATES: DOE will accept comments, data, and information not later than 
    January 29, 1996.
    
    ADDRESSES: Written comments and statements shall be sent to: Department 
    of Energy, Office of Energy Efficiency and Renewable Energy, Case No. 
    DH-004, Mail Stop EE-43, Room 1J-018, Forrestal Building, 1000 
    Independence 
    
    [[Page 67128]]
    Avenue, SW., 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, S.W., Washington, D.C. 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 October 2, 1995, CFM filed an Application for Interim Waiver and 
    a Petition for Waiver regarding (a) pilot light energy consumption and 
    (b) weighted average steady state efficiency. On October 30, 1995, CFM 
    submitted a letter to DOE providing additional product information and 
    amending the list of models submitted for consideration in the October 
    2, 1995 Waiver requests.
        CFM seeks an Interim Waiver from the DOE test provisions in section 
    3.5 of Title 10 CFR Part 430, Subpart B, Appendix O, that require 
    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, CFM requests that it be allowed to delete Qp and 
    accordingly, the (2.5(4600)u Qp) term in the 
    calculation of AFUE. CFM 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, CFM 
    asks that the Interim Waiver be granted.
        CFM also seeks an Interim Waiver from the DOE test provisions in 
    section 3.1.1 of Title 10 CFR Part 430, Subpart B, Appendix O, which 
    require steady state efficiency of manually controlled vented heaters 
    with various input 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 needed in the calculation of 
    AFUE. Instead, CFM requests that it be allowed to determine steady 
    state efficiency, weighted average steady state efficiency, and AFUE at 
    a minimum fuel input rate of two-thirds of the maximum fuel input rate 
    for its manually controlled vented heaters which do not adjust to an 
    input rate as low as 50 percent. Since the current DOE test procedure 
    does not address steady state testing for manually controlled vented 
    heaters with various input rates at fuel input rates other than within 
    5 percent of 50 percent of the maximum fuel input rate, CFM 
    asks that the 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 and allowance to determine weighted 
    average steady state efficiency used in the calculation of AFUE at a 
    minimum fuel input rate of 65.3 percent of the maximum fuel input rate 
    instead of the specified 5 percent of 50 percent of the 
    maximum fuel input rate have been granted by DOE to Appalachian Stove 
    and Fabricators, Inc., 56 FR 51711, October 15, 1991, and Valor 
    Incorporated, 56 FR 51714, October 15, 1991.
        The Department published a Notice of Proposed Rulemaking on August 
    23, 1993, to amend the vented home heating equipment test procedure, 
    which would allow the above requests. 58 FR 44583.
        Thus, it appears likely that CFM's Petition for Waiver for pilot 
    light and weighted average steady state efficiency 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 CFM an Interim 
    Waiver for its models DV32, DV34, DV36, DV40, DVS2, DVS3, HEDV30, 
    HEDV30-1, FSDV30, FS30, FA20, HE30, HEB30, FADV20, and HE40 vented 
    heaters. CFM shall be permitted to test its models DV32, DV34, DV36, 
    DV40, DVS2, DVS3, HEDV30, HEDV30-1, FSDV30, FS30, FA20, HE30, HEB30, 
    FADV20, and HE40 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 4.2.4 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 
    
    [[Page 67129]]
    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 can not 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.
        (iii) 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.
    
        (iv) With the exception of the modification set forth above, CFM 
    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.
        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.
        CFM's Petition for Waiver requests DOE to grant relief from the DOE 
    vented home heating equipment relating to the pilot light and weighted 
    average steady state efficiency. CFM seeks (a) to exclude the pilot 
    light energy consumption in the calculation of AFUE, and (b) to 
    determine the weighted average steady state efficiency used in the 
    calculation of AFUE at a minimum fuel input rate of two-thirds of the 
    maximum fuel input rate instead of the specified 5 percent 
    of 50 percent of the maximum fuel input rate. Pursuant to paragraph (b) 
    of Title 10 CFR Part 430.27, the Department is hereby publishing the 
    ``Petition for Waiver.'' CFM's submission of October 2, 1995 published, 
    infra, (a) references a letter, dated July 7, 1995, from Vermont 
    Castings, Inc. that constitutes a Petition for Waiver and Application 
    for Interim Waiver and (b) attaches three brochures describing the 
    company's products. Said letter and brochures are not published herein 
    but may be requested from Mr. William W. Hui at the address indicated, 
    supra. Further, CFM's letter of October 30, 1995 published, infra, 
    references a three page excerpt from a SIT brochure. The excerpt is not 
    published but may be requested from Mr. Hui.
        The Petition contains confidential company information; thus, the 
    confidential attachments submitted by CFM are not being published. The 
    Department solicits comments, data, and information respecting the 
    Petition.
    
        Issued in Washington, D.C. December 21, 1995.
    Christine A. Ervin,
    Assistant Secretary, Energy Efficiency and Renewable Energy.
    
    CFM International Inc.
    
    475 Admiral Blvd., Mississauga, Ont. L5T 2N1, Canada, Tel: (905) 670-
    7777 Ext. 213, Fax: (905) 670-7840
    
    October 2, 1995.
    The Honorable Christine Ervin,
    Assistant Secretary for Energy Efficiency and Renewable Energy, U.S. 
    Dept. of Energy, Forrestal Bldg., 1000 Independence Avenue, S.W., 
    Washington, D.C. 20585
    
    Attn: Secretary Christine Ervin
    
        Dear Madam: Attached with this letter is a copy of a petition 
    for a waiver and Application for Interim Waiver submitted by Vermont 
    Castings on July 7, 1995.
        Since CFM Inc. has similar applications and arguments as 
    mentioned in the attached Vermont Casting petition--therefore we are 
    also requesting the acceptance of those two waivers from the test 
    procedures which appear on 10 CFR, part 430, subpart B, Appendix O; 
    Uniform Test Method for Measuring the Energy Consumption of Vented 
    Home Heating Equipment. The aforementioned waivers are requested for 
    our direct vent and vented units.
        Also, the revisions to the test procedures which we requested 
    above have been published by DOE as proposed changes on August 23, 
    1993--58 FR 44538.
        Furthermore, since similar waivers were granted in the past to 
    other manufacturers; i.e. Appalachian Stove and Fabricators Inc. and 
    Valor Incorporated--therefore we are convinced that the same waivers 
    will be granted to CFM Inc.
        Copies of confidential test data confirming the energy savings 
    will be forwarded to you upon request.
        Any questions regarding this subject, please contact me at the 
    above address. Your help is highly appreciated. Thank you.
    
            Yours Truly,
    Ferdinand M. Francisco,
    Lab. Manager.
    
    CFM International Inc.
    
    475 Admiral Blvd., Mississauga, Ont. L5T2N1, Tel: (905) 670-7777 Ext. 
    213, Fax: (905) 670-7840
    
    October 30, 1995.
    U.S. Dept. of Energy,
    Office of Energy Efficiency and Renewable Energy, Mail Station EE-
    431, Forrestal Bldg., 1000 Independence Avenue, SW., Washington, DC 
    20585
    
    Attn: Bill Hui
    
        Dear Sir. Further to our conversation last Friday. I tested one 
    of our manually controlled appliance with various input rates to 
    established a linear correlation between its rate and AFUE.
        Based on the AFUE I calculated using Draft Factor Method, DF=1, 
    which appear at 10CFR, part 430, subpart B, Appendix O--Uniform Test 
    Method for Measuring the Energy Consumption Of Vented Home Heating 
    Equipment. I can therefore conclude that increase in rate is 
    directly proportional to the increase in AFUE.
        Also, attached are 3 page excerpts from SIT brochure that will 
    answer your question regarding the necessary steps needed to reduced 
    the input from 70% to \2/3\ of maximum input--for testing purposes 
    only.
        Page I illustrates a working diagram of the valve, Page 2 show 
    the valve description and finally page 3 explains how to adjust the 
    outlet pressure. Furthermore, outlet pressure of valves equipped 
    with manual Hi/Lo control (SIT mv 0.820.633 and 0.820.634) can be 
    adjusted by removing the Hi/Lo knob, see page 2 under valve 
    description--item #2, then turn the pressure regulator clockwise to 
    increase pressure and counterclockwise to decrease pressure.
        To reduce the input from 70% to \2/3\ of maximum input just turn 
    the regulator counterclockwise thus decreasing the outlet pressure.
        Moreover, the petition I submitted for the acceptance of two 
    waivers from the test procedures which appear at 10CFR, part 430, 
    subpart B, Appendix O--Uniform Test Method for Measuring the Energy 
    Consumption Of Vented Home Heating Equipment are requested for CFM 
    International Inc.
        CFM International Inc. is a parent company of CFM Inc. (Insta 
    Flame & Northern Flame), Majestic and TrueHeat. Therefore, the 
    waivers mentioned above is intended to all CFM International Inc. 
    subsidiaries' existing as well as future submitted and certified 
    products.
        Below is a list of CFM Inc's existing as well as future 
    submitted and certified products both Insta Flame & Northern Flame.
    
                                      Model                                 
    ------------------------------------------------------------------------
                  Certified units                    Under certification    
    ------------------------------------------------------------------------
    DV32                                        FADV20                      
    DV34                                        HE40                        
    
    [[Page 67130]]
                                                                            
    DV36                                        ............................
    DV40                                        ............................
    DVS2                                        ............................
    DVS3                                        ............................
    HEDV30 and HEDV30-1                         ............................
    FSDV30                                      ............................
    FS30                                        ............................
    FA20                                        ............................
    HE30                                        ............................
    HEB30                                       ............................
    ------------------------------------------------------------------------
    
    
    
        Any questions regarding this subject, please contact me at the 
    above address. Your help is highly appreciated. Thank you.
    
            Yours Truly,
    Ferdinand M. Francisco,
    Lab. Manager.
    [FR Doc. 95-31423 Filed 12-27-95; 8:45 am]
    BILLING CODE 6450-01-P
    
    

Document Information

Published:
12/28/1995
Department:
Energy Efficiency and Renewable Energy Office
Entry Type:
Notice
Action:
Notice.
Document Number:
95-31423
Dates:
DOE will accept comments, data, and information not later than January 29, 1996.
Pages:
67127-67130 (4 pages)
PDF File:
95-31423.pdf