Federal Register / Vol. 61, No. 79 / Tuesday, April 23, 1996 / Notices

SUPPLEMENTARY INFORMATION : 35 U.S.C.

309(c) provides the Department with

authority to grant exclusive or partially

exclusive licenses in Department-owned

inventions, where a determination can

be made, among other things, that the

desired practical application of the

invention has not been achieved, or is

not likely expeditiously to be achieved,

under a nonexclusive license. The

statute and implementing regulations

(37 C.F.R. 404) require that the

necessary determinations be made after

public notice and opportunity for filing

written objections.

PLD Advanced Automation Systems,

Inc., of Rockledge, Florida, has applied

for an exclusive license to practice the

invention embodied in U.S. Patent No.

4,942,339, and has a plan for

commercialization of the invention.

The proposed license will be

exclusive as defined above, subject to a

license and other rights retained by the

U.S. Government, and subject to a

negotiated royalty. The Department will

review all timely written responses to

this notice, and will grant the license if,

after expiration of the 60-day notice

period, and after consideration of

written responses to this notice, a

determination is made, in accordance

with 35 U.S.C. 209(c), that the license

grant is in the public interest.

Issued in Washington, D.C., on April 16,

1996.

Agnes P. Dover,

Deputy General Counsel for Technology

Transfer and Procurement.

[FR Doc. 96-9943 Filed 4-22-96; 8:45 am]

BILLING CODE 6450-01-P

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 GI3821, 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 GI3821, 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

17885

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

 CAS-RM-79-104 COMMENT 145
17886 Federal Register / Vol. 61, No. 79 / Tuesday, April 23, 1996 / Notices

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 0 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 =

[4400r1ssrluQ;n-cnax] / [4400r)ssQ n-max +

2.5(4600)r ,. Qp]. Superior requests the

allowance to delete the [2.5(4600)r)„ 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, DVA33R, 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 0 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 twothirds 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 0 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

0.

(ii) The last paragraph of 3.1.1 of

Appendix 0 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 0 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

(rlss-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 0 and replace with the

following paragraph:

4.2.6 Annual Fuel Utilization

Efficiency. For manually controlled

vented heaters, calculate the Annual

 CAS-RM-79-104 COMMENT 145
Federal Register / Vol. 61, No. 79 / Tuesday, April 23, 1996 / Notices

Fuel Utilization Efficiency (AFUE) as a

percent and defined as:

AFUE=Tlu

where:

Tlu=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 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 GI3821, 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

[Case No. F-083]

Energy Conservation Program for

Consumer Products : Decision and

Order Granting a Waiver From the

Furnace Test Procedure to Thermo

Products 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. F-083)

granting a Waiver to Thermo Products

Inc. (Thermo) from the existing

Department of Energy (DOE or

Department) test procedure for furnaces.

The Department is granting Thermo's

Petition for Waiver regarding blower

time delay in calculation of Annual Fuel

Utilization Efficiency (AFUE) for its

CHA-upflow and CGA-downflow series

of condensing gas furnaces.

FOR FURTHER INFORMATION CONTACT:

Cyrus H. Nasseri, 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)

586-9138

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 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, Thermo has

been granted a Waiver for its CHAupflow and CGA-downflow series of

condensing gas furnaces 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. Thermo Products Inc.

(Case No. F-083).

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 furnaces. 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 10 CFR Part

430, Subpart B.

The Department amended the

prescribed test procedures by adding 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.

17887

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 test procedure

amendments become effective, resolving

the problem that is the subject of the

waiver.

Thermo filed a "Petition for Waiver,"

dated November 29, 1995, in accordance

with section 430.27 of 10 CFR Part 430.

The Department published in the

Federal Register on January 30, 1996.

Thermo's Petition and solicited

comments, data and information

respecting the Petition. 61 FR 3023,

January 30, 1996. Thermo also filed an

"Application for Interim Waiver" under

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

on January 24, 1996. 61 FR 3023,

January 30, 1996.

No Comments were received

concerning either the "Petition for

Waiver" or the "Application for Interim

Waiver." The Department consulted

with The Federal Trade Commission

(FTC) concerning the Thermo Petition.

The FTC did not have any objections to

the issuance of the waiver to Thermo.

Assertions and Determinations

Thermo's Petition seeks a waiver from

the DOE test provisions that require a

1.5-minute time delay between the

ignition of the burner and the starting of

the circulating air blower. Thermo

requests the allowance to test using a

45-second blower time delay when

testing its CHA-upflow and CGAdownflow series of condensing gas

furnaces. Thermo states that since the

45-second delay is indicative of how

these models actually operate, and since

such a delay results in an increase in

AFUE improvement of up to 2.0

percent, the Petition should be granted.

Under specific circumstances, the

DOE test procedure contains exceptions

which allow testing with blower delay

times of less than the prescribed 1.5-

minute delay. Thermo indicates that it

is unable to take advantage of any of

these exceptions for its CHA-upflow and

CGA-downflow series of condensing gas

furnaces.

Since the blower controls

incorporated on the Thermo furnaces

are designed to impose a 45-second

blower delay in every instance of start

up, and since the current test procedure

 CAS-RM-79-104 COMMENT 145