[Federal Register Volume 61, Number 79 (Tuesday, April 23, 1996)]
[Notices]
[Pages 17885-17887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9948]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. DH-005]
Energy Conservation Program for Consumer Products: Decision and
Order Granting a Waiver From the Vented Home Heating Equipment Test
Procedure to Superior Fireplace Company
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Decision and order.
-----------------------------------------------------------------------
SUMMARY: Notice is given of the Decision and Order (Case No. DH-005)
granting a Waiver to Superior Fireplace Company (Superior) from the
existing Department of Energy (DOE or Department) test procedure for
vented home heating equipment. The Department is granting Superior'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 GI-3821, DSH-36T, DVH-33R, DVH-33T,
DVA-33R, and DVA-33T 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, Superior has been granted a
Waiver for its models GI-3821, DSH-36T, DVH-33R, DVH-33T, DVA-33R, and
DVA-33T manually controlled vented heaters, permitting the company to
use an alternate test method in determining AFUE.
Issued in Washington, DC, on April 4, 1996.
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: Superior Fireplace Company (Case No. DH-005)
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. 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.
Superior filed a ``Petition for Waiver'' dated August 30, 1995, a
second letter, dated November 30, 1995, which requested modification to
the minimum fuel input rate of the vented heaters previously submitted
for consideration, and a third letter dated January 12, 1996, which
provided 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 request, in accordance
with section 430.27 of Title 10 CFR Part 430. The Department published
in the Federal Register on February 14, 1996, Superior's Petition and
solicited comments, data and information respecting the Petition. 61 FR
5755, February 14, 1996. Superior also filed an ``Application for
Interim Waiver'' under section 430.27(b)(2), which DOE granted on
February 1, 1996. 61 FR 5755, February 14, 1996.
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 Superior Petition. The
FTC did not have any objections to the issuance of the waiver to
Superior.
Assertions and Determinations
Superior'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
[[Page 17886]]
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)u
QP]. Superior requests the allowance to delete the
[2.5(4600)u QP] term in the denominator in the
calculation of AFUE when testing its models GI-3821, DSH-36T, DVH-33R,
DVH-33T, DVA-33R, and DVA-33T manually controlled vented heaters.
Superior states that its models GI-3821, DSH-36T, DVH-33R, DVH-33T,
DVA-33R, and DVA-33T 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, Superior asks that the Waiver be granted.
Based on DOE's review of how Superior's models GI-3821, DSH-36T,
DVH-33R, DVH-33T, DVA-33R, and DVA-33T 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 Superior
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.
Superior 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.
Superior 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 Superior models GI-
3821, DSH-36T, DVH-33R, DVH-33T, DVA-33R, and DVA-33T manually
controlled vented heaters.
It is therefore, ordered that:
(1) The ``Petition for Waiver'' filed by Superior Fireplace Company
(Case No. DH-005) 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, Superior Fireplace Company shall be
permitted to test its models GI-3821, DSH-36T, DVH-33R, DVH-33T, DVA-
33R, and DVA-33T 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
[[Page 17887]]
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,
Superior Fireplace Company 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 GI-3821, DSH-36T, DVH-33R, DVH-33T, DVA-33R, and DVA-33T
manually controlled vented heaters manufactured by Superior Fireplace
Company.
(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 14, 1996, this Waiver supersedes the Interim
Waiver granted Superior Fireplace Company on February 1, 1996. 61 FR
5755, February 14, 1996. (Case No. DH-005).
Issued in Washington, D.C., on April 4, 1996.
Christine A. Ervin,
Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. 96-9948 Filed 4-22-96; 8:45 am]
BILLING CODE 6450-01-P
