[Federal Register Volume 60, Number 249 (Thursday, December 28, 1995)]
[Notices]
[Pages 67130-67133]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-31424]
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DEPARTMENT OF ENERGY
Energy Conservation Program for Consumer Products: Granting of
the Application for Interim Waiver and Publishing of the Petition for
Waiver of Vermont Castings, Inc. From the DOE Vented Home Heating
Equipment Test Procedure (Case No. DH-003)
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 Vermont Castings,
Inc. (Vermont Castings) 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 DV25 (Gas Fired Freestanding Direct Vent
Firebox) and DH20 (Gas Fired Wallmount/Zero Clearance Direct Vent
Firebox).
Today's notice also publishes a ``Petition for Waiver'' from
Vermont Castings. Vermont Castings' 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 DV25 and DH20
vented heaters. Vermont Castings 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 rate
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-003, Mail Stop EE-43, Room 1J-018, Forrestal Building, 1000
Independence Avenue, S.W., Washington, D.C. 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, S.W., Washington, D.C. 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 July 7, 1995, Vermont Castings 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, Vermont Castings submitted a letter to DOE requesting
modifications to the model nomenclature and minimum fuel input rate of
the vented heaters submitted for consideration in the July 7, 1995
Waiver requests.
Vermont Castings 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) /
(4400SSuQin-
max+2.5(4600)uQP)
Instead, Vermont Castings requests that it be allowed to delete Qp
and accordingly, the (2.5(4600) u Qp) term in the
calculation of AFUE. Vermont Castings 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,
Vermont Castings asks that the Interim Waiver be granted.
Vermont Castings 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,
[[Page 67131]]
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, Vermont Castings 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, Vermont Castings 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 Vermont Castings' 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 Vermont Castings an
Interim Waiver for its models DV25 and DH20 vented heaters. Vermont
Castings shall be permitted to test its models DV25 and DH20 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
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,
Vermont Castings 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.
Vermont Castings' 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. Vermont Castings 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.''
The Petition contains confidential company information; thus, the
confidential attachments submitted by Vermont Castings are not being
published. The Department solicits comments, data, and information
respecting the Petition.
Issued in Washington, D.C. on December 21, 1995.
Christine A. Ervin,
Assistant Secretary, Energy Efficiency and Renewable Energy.
Vermont Castings
July 7, 1995.
The Honorable Christine Ervin,
Assistant Secretary for Energy Efficiency and Renewable Energy,
United States Department of Energy, Forrestal Building, 1000
Independence Avenue, S.W., Washington, D.C. 20585
Re: Petition for Waiver and Application for Interim Waiver
Dear Secretary Ervin: This is a Petition for Waiver and
Application for Interim Waiver submitted pursuant to Title 10 Code
of Federal Regulations 430.27. as amended 14 November 1986. Vermont
Castings is requesting acceptance of two waivers from the test
procedures which appear at 10 CFR, part 430, subpart B. Appendix O--
Uniform Test Method for Measuring the Energy Consumption of Vented
Home Heating Equipment. The particular sections for which the
waivers are required are detailed in each of the following Waiver
Requests.
These waivers are requested for:
MODEL DV25
Gas Fired Freestanding Direct Vent Firebox
MODEL DV20
Gas Fired Wallmount/Zero Clearance Direct Vent Firebox
Waiver Request No. 1--
This request refers to section 3.1.1--Gas fueled vented home
heating equipment and section 4.2.4--Weighted-average steady-state
efficiency. These sections state that for manually controlled
heaters with various input rates the weighted-average steady-state
efficiency is measured at a fuel input rate of 5 percent
of 50 percent of the maximum fuel input rate. Both of the heater
models included in this request utilize a combination gas control
with has a variable pressure regulator set point which allows the
user to easily vary the manifold pressure of the appliance within a
fixed range of pressures. Specifically the range of manifold
adjustment
[[Page 67132]]
for Natural gas is 3.5'' W.C. to 1.7'' W.C. and for Propane gas from
10.0'' W.C. to 4.9'' W.C. These pressure ranges allow the user to
vary the fuel input rates on the model DV25 from 25,000 BTUH to
17,500 BTUH and on the model DV20 from 20,000 BTUH to 14,000 BTUH.
For both models the minimum fuel input rate is limited to 70% of the
maximum fuel input rate and it is therefore not possible to operate
these heaters in accordance with the Manufacturer's Users
Instructions and obtain a rate of 50% of the maximum fuel input
rate. Since the 50% rate specified in the Regulations can not be
normally achieved on these products we request that this requirement
be waived for these appliances.
Vermont Castings requests to utilize the test procedure proposed
by DOE on 23 August, 1993, 58 FR 44538. Accordingly, we request to
calculate the weighted average steady-state efficiency using the
minimum obtainable fuel input rate provided this rate is no greater
than \2/3\ maximum input rate of the heater. Specifically, the
models included in this request will be tested at \2/3\ of the
maximum fuel input rate.
The current test procedure does not credit Vermont Castings for
the additional energy savings that occur when the minimum fuel input
rate is limited to 70% of the maximum input rate. Test data shows a
significant increase in the actual overall AFUE when compared to
results obtained at a rate of 50% of the maximum fuel input rate.
Copies of confidential test data confirming the energy savings will
be forwarded to you upon request.
Waiver Request No. 2--
This request refers to 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
(Qp) and the use of this data in the calculation of AFUE for
the energy consumed by the pilot light when the heater is not in
operation.
Both of the heater models included in this request 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, and pressing the piezo ignitor. 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 in both the Users Instruction Manual and on a label
adjacent to the gas control require the user to move the gas control
knob to the ``OFF '' position when the heater is not in use. Since
the current test procedure does not credit Vermont Castings for the
additional energy savings that occur when the pilot is turned off,
we request the requirement to include energy input to the pilot
light in the AFUE calculation be waived for these appliances.
Vermont Castings requests to utilize the test procedure purposed
by DOE on 23 August, 1993. 58 FR 44538. Specifically, we request the
term involving the pilot light energy consumption be deleted from
the calculation of AFUE for the models included in this request.
This results in an AFUE which is equal to the heating seasonal
efficiency.
Test data shows a significant increase in the actual overall
AFUE when compared to results obtained when energy input to the
pilot is included in the overall AFUE. Copies of confidential test
data confirming the energy savings will be forwarded to you upon
request.
Vermont Castings is confident that both of these waivers will be
granted, as similar waivers have been granted in the past to
Appalachian Stove and Fabricators, Inc. and Valor Incorporated.
Also, the revisions to the test procedure which we request have been
published by DOE as proposed changes on 23 August, 1993. 58 FR
44538.
Manufacturers that domestically market similar products are
being sent a copy of this Petition for Waiver and Application for
Interim Waiver.
Sincerely,
Steve Ballou,
Director of Engineering.
DOE Waiver Request Vendors Being Notified
Aladdin Steel Products, Inc., 401 North Wynne Street, Colville, WA
99114, Attn: Alan J. Trusler
Canadian Heating Products Inc., 12091 88th Avenue, Surrey, B.C. V3W
3J5, Canada, Attn: Dan Binzer, President
CFM Inc., 475 Admiral Boulevard, Mississauga, Ontario L5T 2N1,
Canada, Attn: Heinz Rieger, President
Fireplace Manufacturers Incorporated, 2701 South Harbor Boulevard,
Santa Ana, CA 92704-5803. Attn: Steve Cropp, Vice President of
Engineering
Hearthstone Stoves/NHC Inc., P.O. Box 1069, Morrisville, VT 05661,
Attn: Manuel L. Perez, President
Heatilator, Inc., 1915 West Saunders Street, Mt. Pleasant, IA 52641,
Attn: Bob Burns, President
Heat-N-Glo Fireplace Products, Inc., 6665 West Highway 13, Savage,
MN 55378, Attn: Ron Shimek, President
Hunter Enterprises Orillia Ltd., 100 Hunter Valley Road, P.O. Box
400, Orillia, Ontario L3V 6K1, Canada, Attn: Bryan Spencer,
Engineering Manager
The Majestic Company, 1000 East Market Street, Huntington, IN 46750-
2576, Attn: J. Michael Whiteman, Director, Product Development
Martin Industries, Inc., P.O. Box 128, Florence, AL 35630, Attn:
James D. Wilson, President and CEO
Mendota Hearth Corporation, 1890 Wooddale Drive, Woodbury, MN 55125,
Attn: Gregory Iverson, National Marketing Manager
Regency Fireplace Products, 7830 Vantage Way, Delta, B.C. V4G 1A7,
Canada, Attn: Robert Little, President
Superior Fireplace Company, 4325 Artesia Avenue, Fullerton, CA
92633-2522, Attn: Samir Barudi, Vice President, Engineering
Temco Fireplace Products, 301 So. Perimeter Park Drive, Suite 227,
Nashville, TN 37211-4128, Attn: Jack Fahey, Vice President, Sales
and Mktg.
Vermont Castings
October 30, 1995--Revised
Mr. Bill Hui,
Office of Energy Efficiency and Renewable Energy, United States
Department of Energy, Forrestal Building, 1000 Independence Avenue,
S.W., Washington, D.C. 20585
Re: Vermont Castings Petition for Waiver and Application for Interim
Waiver
Dear Mr. Hui: I am writing in response to your request for more
information regarding our Petition for Waiver and Application for
Interim Waiver dated July 7, 1995. Some of the information in our
original request has been changed.
The gas control for the new model DV25 has been changed to allow
the user to adjust the fuel input rate from a maximum of 25,000 BTUH
to a minimum of 20,000 BTUH. The minimum fuel input rate will be
limited to 80 percent of the maximum fuel input rate rather than 70
percent of the maximum fuel input rate as stated in our original
request.
The model nomenclature for model DV20 has been changed to DH20
and the minimum fuel input rate will also been limited to 80 percent
of the maximum fuel input rate. This model will have a maximum fuel
input rate of 20,000 BTUH and a minimum fuel input rate of 16,000
BTUH rather than 14,000 BTUH as stated in our original request.
Both of these models will be shipped from our factory with a gas
control which limits the range of adjustment by the homeowner to the
ranges specified above. When these units are tested in our
laboratory at lower firerates, the gas control must be modified in
one of two ways:
The regulator assembly located on the gas control is
replaced with a regulator assembly which allows adjustment to a
lower manifold pressure (lower firerate).
The regulator assembly located on the gas control is
modified by breaking a seal and readjusting internal stops to allow
adjustment to a lower manifold pressure.
Even though these Vermont Castings units can only be turned down
to 80 percent of their maximum fire rate when shipped from our
factory we have requested to calculate AFUE ratings for our initial
production units by testing at \2/3\'s of the maximum fire rate.
Attached to this letter is data from one pre-production model which
compares AFUE ratings based on fire rates of 100 percent, 80
percent, \2/3\ and 50 percent of the maximum fire rate. This data
shows that an AFUE rating based on \2/3\ maximum firerate is lower
than an AFUE rating based on 80 percent maximum firerate.
Vermont Castings will support a DOE proposal to rate appliances
at the lower value obtained form tests at the maximum firerate and
the minimum firerate as shipped from the factory. Until this test
procedure can be finalized, we request that our interim waiver
utilizing a more conservative method of rating at \2/3\ maximum
firerate be granted as soon as possible.
[[Page 67133]]
Sincerely,
Dave Christensen,
Project Engineer.
[FR Doc. 95-31424 Filed 12-27-95; 8:45 am]
BILLING CODE 6450-01-M
