[Federal Register Volume 61, Number 31 (Wednesday, February 14, 1996)]
[Notices]
[Pages 5755-5758]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3056]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. DH-005]
Energy Conservation Program for Consumer Products: Granting of
the Application for Interim Waiver and Publishing of the Petition for
Waiver of Superior Fireplace Company From the DOE Vented Home Heating
Equipment Test Procedure
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Today's notice grants an Interim Waiver to Superior Fireplace
Company (Superior) 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 GI-3821, DSH-36T, DVH-33R, DVH-33T, DVA-33R, and
DVA-33T.
Today's notice also publishes a ``Petition for Waiver'' from
Superior. Superior'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 GI-3821, DSH-36T, DVH-
33R, DVH-33T, DVA-33R, and DVA-33T vented heaters. Superior 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
March 15, 1996.
ADDRESSES: Written comments and statements shall be sent to: Department
of Energy, Office of Energy Efficiency and Renewable Energy, Case No.
DH-005, Mail Stop EE-43, Room 1J-018, Forrestal Building, 1000
Independence Avenue SW., 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,
[[Page 5756]]
Forrestal Building, 1000 Independence Avenue SW., 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 SW., 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 August 30, 1995, Superior 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
November 30, 1995, Superior submitted a letter to DOE requesting a
modification to the minimum fuel input rate of the vented heaters
submitted for consideration in the August 30, 1995 Waiver requests. On
January 12, 1996, Superior Fireplace Company submitted a letter
providing a list of companies that make similar products, confidential
product performance data, and amending the list of models submitted for
consideration in the August 30, 1995, Waiver requests.
Superior 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, Superior requests that it be allowed to delete Qp and
accordingly, the (2.5(4600)u Qp) term in the
calculation of AFUE. Superior 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,
Superior asks that the Interim Waiver be granted.
Superior 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, Superior 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,
Superior 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 issues. 58 FR 44583.
Thus, it appears likely that Superior'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 Superior an Interim
Waiver for its models GI-3821, DSH-36T, DVH-33R, DVH-33T, DVA-33R, and
DVA-33T vented heaters. Superior shall be permitted to test its models
GI-3821, DSH-36T, DVH-33R, DVH-33T, DVA-33R, and DVA-33T 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
[[Page 5757]]
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,
Superior 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.
Superior'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. Superior 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 product performance data provided in Superior's January
12, 1996 submission is not being published. The Department solicits
comments, data, and information respecting the Petition.
Issued in Washington, DC.
February 1, 1996.
Christine A. Ervin,
Assistant Secretary, Energy Efficiency and Renewable Energy.
August 30, 1995
The Honorable Christine Ervin,
Assistant Secretary for Energy Efficiency & Renewable Energy, United
States Department of Energy, Forrestal Building, 1000 Independence
Avenue SW., Washington, D.C. 20585
RE: Petition for Waiver and Application for Interim Waiver
Dear Secretary Ervin: Superior Fireplace Company is requesting
you to accept two waivers as listed below, concerning Title 10 Code
of Federal Regulations 430.27, as amended 14 November 1986.
These waivers are requested for model GI-3821, DSH-36T.
1. This waiver request refers to section 3.1.1.--Gas fueled
vented home heating equipment and section 4.2.4--Weighted-average
steady-state efficiency which states 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. In fact the above
appliances have a gas control that comes with a variable pressure
regulator control knob which can be adjusted from the maximum input
rate to the minimum input rate. Specifically, Natural gas control
knob has adjustment of manifold pressure from 3.5'' W.C. to 2.5''
W.C. and for Propane from 10.0'' W.C. to 6.4'' W.C. These pressure
ranges allow the users to vary the fuel input rate as shown below in
the table. It is impossible to achieve the fuel input rate of 50%
according to the manufacturer's installation instructions. Because
the above models cannot be operated at 50% of the maximum fuel input
and usually operated at maximum fuel input rate we request that this
requirement be modified to 80% of the difference between the maximum
fuel input rate and the minimum fuel input rate.
----------------------------------------------------------------------------------------------------------------
Percentage
Maximum Minimum maximum Manifold pressure
rate BTUH rate BTUH rate
----------------------------------------------------------------------------------------------------------------
GI-3821-N............................ 38000 30000 79 3.5-2.2 W.C.
GI-3821-P............................ 34000 26000 76 10-6.4 W.C.
DSH-36T-N............................ 27000 21000 77 3.5-2.2 W.C.
DSH-36T-P............................ 25000 20000 80 10-6.4 W.C.
----------------------------------------------------------------------------------------------------------------
2. Second waiver refers to section 3.5--Pilot Light Measurement
and section 4.26--Annual Fuel Utilization Efficiency. This section
requires the calculation of the pilot light energy to be figured in
for calculation of AFUE if the pilot is in operation all the time.
The gas control knob on these appliances have three settings--
``OFF,'' ``ON'' and ``PILOT''. The pilot can be lighted with the
piezo igniter when the gas control knob is turned and depressed at
the ``PILOT'' position. Once the pilot is lighted, it will heat the
thermopile which generates enough voltage to the gas control valve
to have the pilot remain lit. The gas control knob can then be
turned to the ``ON'' position for the main burner to turn on.
Instructions and labels next to the control will require users to
turn the gas control knob to the ``OFF'' position during the off
cycle will be provided. Therefore, additional energy will be
conserved. Since the current test procedure does not allow any
credit given in the calculations for AFUE for saving energy from the
pilot during the off cycle, we request that the requirement to
include energy input to the pilot light in the AFUE calculation be
waived for these appliances. Copies of confidential test data
confirming the energy savings will be forwarded to you upon request.
Superior Fireplace Company is confident that both waivers will
be granted since similar waivers have been granted in the past to
Appalachian Stove and Fabricators, Inc. and Valor Incorporated.
A copy of this petition for waiver and Application for Interim
Waiver is being sent to the manufacturers that produce similar
products in the U.S.A.
Sincerely,
Hardial Gore,
Sr. Project Engineer.
Nov. 30, 1995
The Honorable Christine Ervin,
Assistant Secretary for Energy Efficiency & Renewable Energy, United
States Department of Energy, Forrestal Building, 1000 Independence
Avenue SW., Washington, D.C. 20585
RE: Amendment to Petition for Waiver and Application for Interim
Waiver
[[Page 5758]]
Dear Secretary Ervin: In order to expedite the approval to
petition for waiver and application for interim waiver requested in
my letter dated Aug. 30th 1995, Superior Fireplaces Company is ready
to accept the changes to the first waiver as follows:
Superior Fireplaces Company will adopt 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\ the maximum input rate of the fireplace.
Specifically, the models included in this request will be tested at
\2/3\ of the maximum fuel input rate.
The second waiver requested in my first letter will remain
unchanged.
We are very confident that both of these waivers will be granted
since similar waivers have been granted to the other manufacturers.
Sincerely,
Hardial Gore,
Sr. Project Engineer.
January 12, 1996
The Honorable Christine Ervin, Assistant Secretary for Energy,
Efficiency & Renewable Energy, United States Department of Energy,
Forrestal Building, 1000 Independence Avenue, SW., Washington, D.C.
20585
RE: Additional information to Petition for Waiver and Application
for Interim Waiver
Dear Secretary Ervin: Recent conversations with William Hui
prompted me to send you the following information requested by the
committee.
Per your first request following is a list of companies that
Superior knows make similar products namely Heat and Glow, Majestic,
Heatilator, CFM, Vermont Castings, Appalachian Stove and
Fabricators, Inc. and Valor Incorporated.
Per your second request below is a table that shows a general
trend of increase in efficiency as the input is increased. This
information is confidential; please do not publish. This data was
gathered from a DVH-33R model.
CONFIDENTIAL
As discussed with Mr. Hui we would like to add additional models
DVH-33R, DVH-33T, DVA-33R, DVA-33T to the list for approval besides
the GI 3821 and DSH-36T.
If you have any questions please feel free to contact me.
Sincerely,
Hardial Gore,
Sr. Project Engineer, Gas Products.
[FR Doc. 96-3056 Filed 2-13-96; 8:45 am]
BILLING CODE 6450-01-M
