[Federal Register Volume 62, Number 123 (Thursday, June 26, 1997)]
[Notices]
[Pages 34443-34445]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-16747]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. DH-011]
Energy Conservation Program for Consumer Products: Decision and
Order Granting a Waiver From the Vented Home Heating Equipment Test
Procedure to Fireplace Manufacturers Incorporated
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-011)
granting a Waiver to Fireplace Manufacturers Incorporated (Fireplace)
from the existing Department of Energy (DOE or Department) test
procedure for vented home heating equipment. The Department is granting
Fireplace's Petition for Waiver regarding the use of pilot light energy
consumption in calculating the Annual Fuel Utilization Efficiency
(AFUE) for its models DVF30, DVF36, DVF42, DVF36PNL, GW30, and GW30P
vented heaters.
FOR FURTHER INFORMATION CONTACT: Bill 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, 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 Station 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: 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, Fireplace has been granted a
Waiver for its models DVF30, DVF36, DVF42, DVF36PNL, GW30, and GW30P
vented heaters, permitting the company to use an alternate test method
in determining AFUE.
[[Page 34444]]
Issued in Washington, DC, on June 20, 1997.
Joseph J. Romm,
Acting Assistant Secretary, Energy Efficiency and Renewable Energy.
Decision and Order
In the Matter of: Fireplace Manufacturers Incorporated (Case No. DH-
011)
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 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.
Fireplace Manufacturers Incorporated (Fireplace) filed a ``Petition
for Waiver,'' dated December 31, 1996, in accordance with section
430.27 of Title 10 CFR part 430. The Department published in the
Federal Register on April 23, 1997, Fireplace's Petition and solicited
comments, data and information respecting the Petition, 62 FR 19742
(April 23, 1997). Fireplace also filed an ``Application for Interim
Waiver'' under section 430.27(b)(2), which DOE granted on April 17,
1997, 62 FR 19742 (April 23, 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 Fireplace's Petition. The FTC
does not have any objections to the issuance of the waiver to
Fireplace.
The Department on February 28, 1997, issued the final rule on test
procedures for furnaces/boilers, vented home heating equipment, and
pool heaters. 62 FR 26140 (May 12, 1997). This final rule incorporates
test procedure waivers granted to different manufacturers regarding the
use of pilot light energy consumption in calculating the Annual Fuel
Utilization Efficiency (AFUE). This Waiver granted to Fireplace expires
on November 10, 1997, the date when the final test procedure rule
becomes effective, resolving the issue necessitating this Waiver.
Assertions and Determinations
Fireplace'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]. Fireplace requests that
it be allowed to delete QP and accordingly, the
[2.5(4600)uQP] term in the calculation
of AFUE. Fireplace states that its models DVF30, DVF36, DVF42,
DVF36PNL, GW30, and GW30P 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, Fireplace 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); 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).
Based on DOE's review of how Fireplace's models DVF30, DVF36,
DVF42, DVF36PNL, GW30, and GW30P vented heaters operate and the fact
that if the manufacturer's instructions are followed, the pilot light
will not be left on, DOE grants Fireplace 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 Fireplace Manufacturers
Incorporated (Case No. DH-011) 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, Fireplace Manufacturers Incorporated shall
be permitted to test its models DVF30, DVF36, DVF42, DVF36PNL, GW30,
and GW30P 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.
[[Page 34445]]
(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,
Fireplace Manufacturers Incorporated 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 November 10, 1997, the date when the Department's
final test procedure appropriate to models DVF30, DVF36, DVF42,
DVF36PNL, GW30, and GW30P vented heaters manufactured by Fireplace
Manufacturers Incorporated becomes effective.
(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 June 20, 1997, this Waiver supersedes the Interim
Waiver granted Fireplace Manufacturers Incorporated on April 17, 1997,
62 FR 19742 (April 23, 1997). (Case No. DH-011).
Issued in Washington, DC, on June 20, 1997.
Joseph J. Romm,
Acting Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. 97-16747 Filed 6-25-97; 8:45 am]
BILLING CODE 6450-01-P
