[Federal Register Volume 62, Number 58 (Wednesday, March 26, 1997)]
[Notices]
[Pages 14409-14410]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-7609]
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DEPARTMENT OF ENERGY
[Case No. DH-010]
Energy Conservation Program for Consumer Products: Decision and
Order Granting a Waiver From the Vented Home Heating Equipment Test
Procedure to Wolf Steel Ltd.
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-010)
granting a Waiver to Wolf Steel Ltd. (Wolf Steel) from the existing
Department of Energy (DOE or Department) test procedure for vented home
heating equipment. The Department is granting Wolf Steel's Petition for
Waiver regarding the use of pilot light energy consumption in
calculating the Annual Fuel Utilization Efficiency (AFUE) for its
models GD22, GD27, GD3200, GD3200B, GD40, GI3014B, GI3014, GI3600,
GS3500, GDS3700, GDS50, GS50, GDI50, and GD45 manually controlled
vented heaters.
FOR FURTHER INFORMATION CONTACT:
Mr. 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; or
Mr. Eugene Margolis, 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. In the Decision and Order, Wolf Steel has been granted a
Waiver for its models GD22, GD27, GD3200, GD3200B, GD40, GI3014B,
GI3014, GI3600, GS3500, GDS3700, GDS50, GS50, GDI50, and GD45 manually
controlled vented heaters, permitting the company to use an alternate
test method in determining AFUE.
Issued in Washington, DC, on March 19, 1997.
Christine A. Ervin,
Assistant Secretary, Energy Efficiency and Renewable Energy.
Decision and Order
Department of Energy
Office of Energy Efficiency and Renewable Energy
In the Matter of: Wolf Steel Ltd. (Case No. DH-010)
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, and will determine whether a product
complies with the applicable energy conservation standard. 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
[[Page 14410]]
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.
Wolf Steel filed a ``Petition for Waiver,'' dated December 3, 1996,
in accordance with section 430.27 of Title 10 CFR Part 430. The
Department published in the Federal Register on January 29, 1997, Wolf
Steel's Petition and solicited comments, data and information
respecting the Petition, 62 FR 4747 (January 31, 1997). Wolf Steel also
filed an ``Application for Interim Waiver'' under section 430.27(b)(2),
which DOE granted on January 27, 1997, 62 FR 4747 (January 31, 1997).
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 Wolf Steel Petition. The
FTC does not have any objections to the issuance of the waiver to Wolf
Steel.
Assertions and Determinations:
Wolf Steel's Petition seeks a waiver from the DOE test provisions
regarding the use of pilot light energy consumption in calculating the
AFUE. The DOE test provisions in section 3.5 of Title 10 CFR Part 430,
Subpart B, Appendix O require 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)uQP].
Wolf Steel requests that, in essence, it be allowed to delete QP
and, accordingly, the [2.5(4600)u QP] term in the
calculation of AFUE. Wolf Steel states that its models GD22, GD27,
GD3200, GD3200B, GD40, GI3014B, GI3014, GI3600, GS3500, GDS3700, GDS50,
GS50, GDI50, and GD45 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 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 valve. If the manufacturer's
instructions are observed by the user, the pilot light will not be left
on. Since the current DOE test procedure does not address this issue,
and since others have received the same waiver under the same
circumstances, Wolf Steel asks that the Waiver be granted. Previous
Petitions for Waiver under the same circumstances 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 17290 (April 19, 1996); Superior Fireplace Company, 61 FR
17885 (April 23, 1996); Vermont Castings, Inc., 61 FR 57857 (November
8, 1996); and Heat-N-Glo, 61 FR 64519 (December 5, 1996).
Based on DOE's review of how Wolf Steel's models GD22, GD27,
GD3200, GD3200B, GD40, GI3014B, GI3014, GI3600, GS3500, GDS3700, GDS50,
GS50, GDI50, and GD45 manually controlled vented heaters operate and
the fact that if the manufacturer's instructions are followed, the
pilot light will not be left on, DOE grants Wolf Steel its Petition for
Waiver to exclude the pilot light energy input 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.
It is, therefore, ordered That:
(1) The ``Petition for Waiver'' filed by Wolf Steel Ltd. (Case No.
DH-010) 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, Wolf Steel Ltd. shall be permitted to test
its models GD22, GD27, GD3200, GD3200B, GD40, GI3014B, GI3014, GI3600,
GS3500, GDS3700, GDS50, GS50, GDI50, and GD45 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) 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 is defined in section 4.2.5 of this appendix.
(iii) With the exception of the modification set forth above, Wolf
Steel Ltd. 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
models GD22, GD27, GD3200, GD3200B, GD40, GI3014B, GI3014, GI3600,
GS3500, GDS3700, GDS50, GS50, GDI50, and GD45 manually controlled
vented heaters manufactured by Wolf Steel Ltd.
(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 March 19, 1997, this Waiver supersedes the Interim
Waiver granted Wolf Steel Ltd. on January 31, 1997, 62 FR 4747 (January
31, 1997). (Case No. DH-010).
Issued in Washington, DC, on March 19, 1997.
Christine A. Ervin,
Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. 97-7609 Filed 3-25-97; 8:45 am]
BILLING CODE 6450-01-P
