[Federal Register Volume 62, Number 19 (Wednesday, January 29, 1997)]
[Notices]
[Pages 4274-4276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2174]


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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 Hunter Energy and Technology Inc. From the DOE Vented Home 
Heating Equipment Test Procedure (Case No. DH-009)

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 Hunter Energy and 
Technology Inc. (Hunter) from the Department of Energy (DOE or 
Department) test procedure for vented home heating equipment. The 
Interim Waiver concerns pilot light energy consumption for Hunter's 
models FI25H, HDS2000, HDV30E, HDV2500, PW20, PW35, PW50, HFI30, HFS40, 
HWF15, and HWF30 vented heaters.
    Today's notice also publishes a ``Petition for Waiver'' from 
Hunter. Hunter's Petition for Waiver requests DOE 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, Hunter seeks to delete the 
required pilot light measurement (Q<INF>p) in the calculation of AFUE 
when the pilot is off. The Department solicits comments, data, and 
information respecting the Petition for Waiver.

DATES: DOE will accept comments, data, and information not later than 
February 28, 1997.

ADDRESSES: Written comments and statements shall be sent to: Department 
of Energy, Office of Energy Efficiency and Renewable Energy, Case No. 
DH-009, Mail Stop EE-43, Room 1J-018, Forrestal Building, 1000 
Independence Avenue, SW., Washington, DC 20585-0121, (202) 586-7140.

FOR FURTHER INFORMATION CONTACT:
William W. 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, (202) 586-9145; 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, (202) 586-9507.

SUPPLEMENTARY INFORMATION: The Energy Conservation Program for

[[Page 4275]]

Consumer Products (other than automobiles) was established pursuant to 
the Energy Policy and Conservation Act, 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 informed purchasing decisions. 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, DOE amended the 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. 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 amendments to the test 
procedures resolve 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 if 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 DOE issues a determination on the Petition 
for Waiver, whichever is sooner, and may be extended for an additional 
180 days, if necessary.
    On October 22, 1996, Hunter filed an Application for Interim Waiver 
and a Petition for Waiver regarding pilot light energy consumption.
    Hunter seeks an Interim Waiver of the DOE test provisions in 
section 3.5 of Title 10 CFR Part 430, Subpart B, Appendix O, which 
requires measurement of energy input rate of the pilot light (Q<INF>P), 
and in section 4.2.6, which requires the use of this data for the 
calculation of AFUE, where:

    AFUE = [4400<greek-ee><INF>SS<greek-ee><INF>uQ<INF>in-max ] /
[4400<greek-ee><INF>SSQ<INF>in-max+2.5(4600)<greek-ee><INF>uQ<INF>p]

instead, Hunter requests that, in essence, it be allowed to delete QP 
and accordingly, the [2.5(4600)<greek-ee><INF>uQ<INF>P] term in the 
calculation of AFUE. Hunter 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 pilot 
light energy savings, and since others have received the same waiver 
under the same circumstances, Hunter 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 DOE 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; and HEAT-N-GLO 
Fireplace Products, Inc., 61 FR 64519, December 5, 1996.
    Thus, it appears likely that Hunter'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 DOE 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, DOE is granting Hunter an Interim 
Waiver for its model FI25H, HDS2000, HDV30E, HDV2500, PW20, PW35, PW50, 
HFI30, HFS40, HWF15, and HWF30 vented heaters. Hunter 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=<greek-ee><INF>u

Where:
<greek-ee><INF>u=as defined in section 4.2.5 of this appendix.

    (iii) With the exception of the modification set forth above, 
Hunter 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 the Office of Energy Efficiency and Renewable 
Energy. The Interim Waiver shall remain in effect for a period of 180 
days or until DOE acts on the Petition for Waiver, whichever is sooner, 
and may be extended for an additional 180-day period, if necessary.
    Hunter's Petition for Waiver requests DOE to grant relief from the 
portion of DOE test procedure for vented home heating equipment that 
relates to measurement of energy consumption by the pilot light. 
Specifically, Hunter 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, January 22, 1997.
Christine A. Ervin,
Assistant Secretary, Energy Efficiency and Renewable Energy.
October 22, 1996.
Christine A. 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, Please accept this letter as a Petition 
for Waiver from the test procedures outlined in 10 CFR, part 430, 
subpart B, Appendix O--Uniform Test Method for Measuring the Energy 
Consumption of Vented Home Heating Equipment.
    There are two sections for which the waiver is requested. 
Section 3.5--Pilot Light Measurement and Section 4.2.6--Annual Fuel 
Utilization Efficiency.

[[Page 4276]]

    These sections require the measurement of energy input of the 
pilot and this measurement to be included in the calculation of the 
AFUE for the appliance.
    Hunter is requesting that the pilot energy consumption be waived 
from the AFUE calculation for each of the models listed below. Each 
of these models are presently listed in the GAMA Directory.

--F125H
--HDS2000
--HDV30E
--HDV2500
--PW20
--PW35
--PW50
--HF130
--HFS40
--HWF15
--HWF30

    The combination gas control valves that are used in these 
appliances can be manually turned off when the appliance is not in 
use. When the gas control knob is in the ``OFF'' position, both the 
pilot and main burner is off. To operate the appliance, the pilot 
must be re-lit and the gas control knob turned to the ``ON'' 
position and both the pilot and main burner will be in operation.
    The Lighting Instructions in the appliance Instruction Manual 
and the Lighting Instructions label affixed to the appliance will 
require the user to turn the gas control knob on the valve to the 
``OFF'' position when the appliance is not in use.
    The U.S. Department of Energy has previously granted this same 
waiver to a number of manufacturers. Hunter requests that the U.S. 
Department of Energy grant Hunter Energy and Technology Inc. this 
same waiver.
    If you have any questions or require any additional information 
regarding the above subject matter, please contact me anytime at 
(705) 325-6111.

    Sincerely,
Don Leslie,
Design and Development Engineering Manager.
[FR Doc. 97-2174 Filed 1-28-97; 8:45 am]
BILLING CODE 6450-01-P