97-13309. Energy Conservation Program for Consumer Products: Granting of the Application for Interim Waiver and Publishing of the Petition for Waiver of HEAT-N-GLO Fireplace Products, Inc., From the Department of Energy Vented Home Heating Equipment ...  

  • [Federal Register Volume 62, Number 98 (Wednesday, May 21, 1997)]
    [Notices]
    [Pages 27727-27729]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-13309]
    
    
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    DEPARTMENT OF ENERGY
    
    Office of Energy Efficiency and Renewable Energy
    
    
    Energy Conservation Program for Consumer Products: Granting of 
    the Application for Interim Waiver and Publishing of the Petition for 
    Waiver of HEAT-N-GLO Fireplace Products, Inc., From the Department of 
    Energy Vented Home Heating Equipment Test Procedure (Case No. DH-012)
    
    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 HEAT-N-GLO 
    Fireplace Products, Inc. (HEAT-N-GLO), from the Department of Energy 
    (DOE or Department) test procedure for vented home heating equipment. 
    The Interim Waiver concerns pilot light energy consumption for HEAT-N-
    GLO's models BAYFYRE-TRS and 6000XLT vented heaters.
        Today's notice also publishes a ``Petition for Waiver'' from HEAT-
    N-GLO. HEAT-N-GLO's Petition for Waiver requests the Department 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). Specifically, HEAT-N-GLO 
    seeks to delete the required pilot light measurement (Qp) in 
    the calculation of AFUE when the pilot is off. The Department solicits 
    comments, data, and information respecting the Petition for Waiver.
    
    DATES: The Department will accept comments, data, and information not 
    later than June 20, 1997.
    
    ADDRESSES: Written comments and statements shall be sent to: Department 
    of Energy, Office of Energy Efficiency and Renewable Energy, Case No. 
    DH-012, Mail Stop EE-43, Room 1J-018, Forrestal Building, 1000 
    Independence Avenue, SW., Washington, DC 20585-0121. Telephone: (202) 
    586-7140, Facsimile: (202) 586-4617.
    
    FOR FURTHER INFORMATION CONTACT: Bill Hui, U.S. Department of Energy, 
    Office of Energy Efficiency and Renewable Energy, Mail Stop EE-43, 
    Forrestal Building, 1000 Independence Avenue, SW, Washington, DC 20585-
    0121. Telephone: (202) 586-9145, Facsimile: (202) 586-4617, E-Mail: 
    william.hui@hq.doe.gov or Eugene Margolis, Esq., U.S. Department of 
    Energy, Office of General Counsel, Mail Stop GC-72, Forrestal Building, 
    1000 Independence Avenue, SW, Washington, DC 20585-0103. Telephone: 
    (202) 586-9507, Facsimile: (202) 586-4116, E-Mail: 
    eugene.margolis@hq.doe.gov
    
    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 
    the Department 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, 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 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, the Department amended the 
    waiver process to allow the Assistant Secretary for Energy Efficiency 
    and Renewable Energy (Assistant Secretary) to grant an Interim
    
    [[Page 27728]]
    
    Waiver from test procedure requirements to manufacturers that have 
    petitioned the Department 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 the Department issues a determination on 
    the Petition for Waiver, whichever is sooner, and may be extended for 
    an additional 180 days, if necessary.
        On April 10, 1997, HEAT-N-GLO filed an Application for Interim 
    Waiver and a Petition for Waiver regarding pilot light energy 
    consumption.
        HEAT-N-GLO seeks an Interim Waiver from the DOE test provisions in 
    Sec. 3.5 of Title 10 CFR Part 430, Subpart B, Appendix O, which 
    requires measurement of energy input rate of the pilot light 
    (QP), and in Sec. 4.2.6, which requires the use of this data 
    for the calculation of AFUE, where:
    
        AFUE = 
    [4400SSuQin-max] /
    [4400SSQin-max+2.5(4600)u
     Qp]
    
        Instead, HEAT-N-GLO requests that it be allowed to delete 
    QP and accordingly, the [2.5(4600)u 
    QP] term in the calculation of AFUE. HEAT-N-GLO 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. Since the current DOE test procedure 
    does not address energy savings from the pilot light, HEAT-N-GLO asks 
    that the Interim Waiver be granted.
        Previous Petitions for Waiver to exclude the pilot light energy 
    input term in the calculation of AFUE for vented heaters with a manual 
    transient pilot control have been granted by the Department to 
    Appalachian Stove and Fabricators, Inc., 56 FR 51711, October 15, 1991; 
    Valor Incorporated, 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; HEAT-N-GLO 
    Fireplace Products, Inc., 61 FR 64519, December 5, 1996; CFM Majestic 
    Inc., 62 FR 10547, March 7, 1997; Hunter Energy and Technology Inc., 62 
    FR 14408, March 26, 1997; and Wolf Steel Ltd., 62 FR 14409, March 26, 
    1997.
        Thus, it appears likely that HEAT-N-GLO's Petition for Waiver 
    concerning pilot light energy consumption for vented heaters will be 
    granted. In those instances where the likely success of the Petition 
    for Waiver has been demonstrated based upon the Department 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 information, the Department is 
    granting HEAT-N-GLO an Interim Waiver for its models BAYFYRE-TRS and 
    6000XLT vented heaters. HEAT-N-GLO shall be permitted to test these 
    models of its vented heaters on the basis of the test procedures 
    specified in Title 10 CFR part 430, subpart B, Appendix O, with the 
    following modifications:
        (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 Sec. 4.2.5 of this Appendix.
    
        (iii) With the exception of the modification set forth above, HEAT-
    N-GLO 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 all 
    statements and allegations submitted by the company. This Interim 
    Waiver may be revoked or modified at any time upon a determination that 
    the factual basis underlying the Application is incorrect.
        This Interim Waiver is effective on the date of issuance by the 
    Assistant Secretary for Energy Efficiency and Renewable Energy. The 
    Interim Waiver shall remain in effect for a period of 180 days or until 
    the Department acts on the Petition for Waiver, whichever is sooner, 
    and may be extended for an additional 180-day period, if necessary.
        HEAT-N-GLO's Petition for Waiver requests the Department to grant 
    relief from the portion of the DOE test procedure for vented home 
    heating equipment that relates to measurement of energy consumption by 
    the pilot light. Specifically, HEAT-N-GLO seeks to exclude the pilot 
    light energy consumption from the calculation of AFUE. Pursuant to 
    paragraph (b) of Title 10 CFR part 430.27, the Department is hereby 
    publishing the ``Petition for Waiver'' in its entirety. The petition 
    contains no confidential information. The Department solicits comments, 
    data, and information respecting the Petition.
    
        Issued in Washington, DC, on May 14, 1997.
    Joseph J. Romm,
    Acting Assistant Secretary, Energy Efficiency and Renewable Energy.
    
    Heat-N-Glo
    
    Quality Fireplace Products Since 1975
    
    April 10, 1997.
    The Honorable Chistine Ervin,
    Assistant Secretary of Energy, Efficiency and Renewable Energy, 
    United States Department of Energy, Forrestal Building, 1000 
    Independence Avenue, S.W., Washington, D.C. 20585
    
    Subject: Petition for Waiver to Title 10 Code of Federal Regulations 
    430.27
    
        Dear Secretary Ervin: This is a Petition for Waiver from test 
    procedures appearing in 10 CFR, Part 430, Subpart B, Appendix 0--
    Uniform Test Method for Measuring the Energy Consumption of Vented 
    Home Heating Equipment. The sections for which this waiver is 
    requested are detailed in 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 
    and the inclusion of this data in the calculation of AFUE for the 
    appliance even when the pilot light is turned off and not consuming 
    any energy.
        We are requesting this Waiver for our appliance models: BAYFYRE-
    TRS and 6000XLT.
        The combination gas control valves used on these appliances can 
    be manually turned off when the heater is not in use. In the ``OFF'' 
    position, both the main burner and the pilot light are extinguished. 
    When the gas control is set to the ``ON'' position, the main burner 
    and the pilot light are operating. The appliance Instruction Manual 
    and a label adjacent to the gas control valve will require the user 
    to turn the gas control valve to the ``OFF'' position when the 
    heater is not in use.
        Requiring the inclusion of pilot energy input in the AFUE 
    calculations does not
    
    [[Page 27729]]
    
    allow for the additional energy savings realized when the pilot 
    light is turned off. We request that the requirement of including 
    the term involving the pilot energy consumption be waived from the 
    AFUE calculation for our heaters noted above. These models meet the 
    conditions described in the previous paragraph.
        Please contact us with any questions, comments, and requirements 
    for additional information we can provide. Thank you for your help 
    in this matter.
    
            Sincerely,
    Chuck Hansen,
    Tech. Services--Engineering.
    Gregg Achman,
    Manager, Design Engineering.
    [FR Doc. 97-13309 Filed 5-20-97; 8:45 am]
    BILLING CODE 6450-01-P
    
    
    

Document Information

Published:
05/21/1997
Department:
Energy Efficiency and Renewable Energy Office
Entry Type:
Notice
Action:
Notice.
Document Number:
97-13309
Dates:
The Department will accept comments, data, and information not later than June 20, 1997.
Pages:
27727-27729 (3 pages)
PDF File:
97-13309.pdf