62FR14408

Federal Register / Vol. 62, No. 58 / Wednesday, March 26, 1997 / Notices

Office of Energy Efficiency and

Renewable Energy

[Case No. DH-009]

Energy Conservation Program for

Consumer Products: Decision and

Order Granting a Waiver From the

Vented Home Heating Equipment

Test Procedure to Hunter Energy

and Technology Inc.

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-009)

granting a Waiver to Hunter Energy and

Technology Inc. (Hunter) from the

existing Department of Energy (DOE or

Department) test procedure for vented

home heating equipment. The

Department is granting Hunter's Petition

for Waiver regarding the use of pilot

light energy consumption in calculating

the Annual Fuel Utilization Efficiency

(AFUE) for its models FI25H, HDS2000,

HDV30E, HDV2500, PW20, PW35,

PW50, HFI30, HFS40, HWF15, and

HWF30 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, Hunter has

been granted a Waiver for its models

F125H, HDS2000, HDV30E, HDV2500,

PW20, PW35, PW50, HFI30, HFS40,

HWF15, and HWF30 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: Hunter Energy and

Technology Inc. (Case No. DH-009).

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.

Hunter filed a "Petition for Waiver,"

dated October 22, 1996, in accordance

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with section 430.27 of Title 10 CFR Part

430. The Department published in the

Federal Register on January 29, 1997,

Hunter's Petition and solicited

comments, data and information

respecting the Petition, 62 FR 4274

(January 29, 1997). Hunter also filed an

"Application for Interim Waiver" under

section 430.27(b)(2), which DOE granted

on January 22, 1997, 62 FR 4274

(January 29, 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

Hunter Petition. The FTC does not have

any objections to the issuance of the

waiver to Hunter.

Assertions and Determinations

Hunter'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 0 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 = [4400,ssn„ Q in--]/

[4400nssQN-max+ 2.5(4600)n,Qe].

Hunter requests that, in essence, it be

allowed to delete QP and, accordingly,

the [2.5(4600)i.,,,Qp] term in the

calculation of AFUE. Hunter states that

its models F125H, HDS2000, HDV30E,

HDV2500, PW20, PW35, PW50, HFI30,

HFS40, HWF15, and HWF30 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 affixed to the

appliance. 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

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62FR14408

Federal Register / Vol. 62, No. 58 / Wednesday, March 26, 1997 / Notices

address this issue, and since others have

received the same waiver under the

same circumstances, Hunter 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

Hunter's models F125H, HDS2000,

HDV30E, HDV2500, PW20, PW35,

PW50, HFI30, HFS40, HWFI5, and

HWF30 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 Hunter 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

Hunter Energy and Technology Inc.

(Case No. DH-009) 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 0 of Title 10

CFR Part 430, Subpart B, Hunter Energy

and Technology Inc. shall be permitted

to test its models F125H, HDS2000,

HDV30E, HDV2500, PW20, PW35,

PW50, HFI30, HFS40, HWF15, and

HWF30 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

comply in all respects with the test

procedures specified in Appendix 0 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

F125H, HDS2000, HDV30E, HDV2500,

PW20, PW35, PW50, HFI30, HFS40,

HWF15, and HWF30 manually

controlled vented heaters manufactured

by Hunter Energy and Technology, 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 March 19, 1997, this

Waiver supersedes the Interim Waiver

granted Hunter Energy and Technology,

Inc. on January 22, 1997, 62 FR 4274

(January 29, 1997). (Case No. DH-009).

Issued in Washington, DC, on March 19,

1997.

Christine A. Ervin,

Assistant Secretary, Energy Efficiency and

Renewable Energy.

[FR Doc. 97-7610 Filed 3-25-97; 8:45 am]

BILLING CODE 6450-01-P

0.

(ii) Delete paragraph 4.2.6 of

Appendix 0 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 = r)u

Where rlu is defined in section 4.2.5 of

this appendix.

(iii) With the exception of the

modification set forth above, Hunter

Energy and Technology Inc. shall

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