[Federal Register Volume 61, Number 77 (Friday, April 19, 1996)]
[Notices]
[Pages 17287-17289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9681]
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DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. DH-004]
Energy Conservation Program for Consumer Products: Decision and
Order Granting a Waiver From the Vented Home Heating Equipment Test
Procedure to CFM International 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-004)
granting a Waiver to CFM International Inc. (CFM) from the existing
Department of Energy (DOE or Department) test procedure for vented home
heating equipment. The Department is granting CFM's 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 models DV32, DV34, DV36, DV40, DVS2, DVS3, HEDV30, HEDV30-1,
FSDV30, FS30, FA20, HE30, HEB30, FADV20, and HE40 manually controlled
vented heaters.
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, 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, CFM has been granted a Waiver for
its models DV32, DV34, DV36, DV40, DVS2, DVS3, HEDV30, HEDV30-1,
FSDV30, FS30, FA20, HE30, HEB30, FADV20, and HE40 manually controlled
vented heaters, permitting the company to use an alternate test method
in determining AFUE.
Issued in Washington, D.C., on April 4, 1996.
Christine A. Ervin,
Assistant Secretary, Energy Efficiency and Renewable Energy.
Decision and Order
In the Matter of: CFM International Inc. (Case No. DH-004).
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
[[Page 17288]]
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.
CFM filed a ``Petition for Waiver,'' dated October 2, 1995, and
subsequently, a second letter, dated October 30, 1995, which amended
the original list of models, in accordance with section 430.27 of Title
10 CFR Part 430. The Department published in the Federal Register on
December 28, 1995, CFM's Petition and solicited comments, data and
information respecting the Petition. 60 FR 67127, December 28, 1995.
CFM also filed an ``Application for Interim Waiver'' under section
430.27(b)(2), which DOE granted on December 21, 1995. 60 FR 67127,
December 28, 1995.
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 CFM Petition. The FTC did
not have any objections to the issuance of the waiver to CFM.
Assertions and Determination:
CFM's 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)uQp].
CFM requests the allowance to delete the
[2.5(4600)uQP] term in the denominator in the
calculation of AFUE when testing its models DV32, DV34, DV36, DV40,
DVS2, DVS3, HEDV30, HEDV30-1, FSDV30, FS30, FA20, HE30, HEB30, FADV20,
and HE40 manually controlled vented heaters. CFM states that its models
DV32, DV34, DV36, DV40, DVS2, DVS3, HEDV30, HEDV30-1, FSDV30, FS30,
FA20, HE30, HEB30, FADV20, and HE40 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, CFM asks that the Waiver be granted.
Based on DOE's review of how CFM's models DV32, DV34, DV36, DV40,
DVS2, DVS3, HEDV30, HEDV30-1, FSDV30, FS30, FA20, HE30, HEB30, FADV20,
and HE40 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 CFM 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.
CFM 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 require
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.
CFM 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 request 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 65.3 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 Inc.,
56 FR 51714, October 15, 1991.
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 CFM models DV32, DV34,
DV36, DV40, DVS2, DVS3, HEDV30, HEDV30-1, FSDV30, FS30, FA20, HE30,
HEB30, FADV20, and HE40 manually controlled vented heaters.
It is therefore, ordered that:
(1) The ``Petition for Waiver'' filed by CFM International Inc.
(Case No. DH-
[[Page 17289]]
004) 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, CFM International Inc. shall be permitted
to test its models DV32, DV34, DV36, DV40, DVS2, DVS3, HEDV30, HEDV30-
1, FSDV30, FS30, FA20, HE30, HEB30, FADV20, and HE40 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 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.
(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, CFM
International 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
models DV32, DV34, DV36, DV40, DVS2, DVS3, HEDV30, HEDV30-1, FSDV30,
FS30, FA20, HE30, HEB30, FADV20, and HE40 manually controlled vented
heaters manufactured by CFM International 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 April 4,1996, this Waiver supersedes the Interim
Waiver granted CFM International Inc. on December 21, 1995. 60 FR
67127, December 28, 1995. (Case No. DH-004).
Issued in Washington, D.C., on April 4, 1996.
Christine A. Ervin,
Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. 96-9681 Filed 4-18-96; 8:45 am]
BILLING CODE 6450-01-P
