86526 Federal Register / Vol. 45, No. 252 / Wednesday, December 31, 1980 / Notices

DEPARTMENT OF ENERGY

Office of Conservation and Solar

Energy

Energy Conservation Program for

Consumer Products; Petition for

Waiver of Consumer Product Test

Procedures From Hydro Therm, Inc.

(Case No. F-002)

AQENCY: Department of Energy.

SUMMARY: The energy conservation

program for consumer products, other

,than automobiles, was established

pursuant to the Energy Policy

Conservation Act. The Department of

Energy (DOE) has amended the

Department's regulations for the energy

conservation program for consumer

products by allowing the Assistant.

Secretary for Conservation and Solar

Energy temporarily to waive test.

procedure requirements for a particular

covered product (45 FR 64108, Sept. 28,

1980). Waivers may be granted when

.characteristics of the product prevent

use of the prescribed test procedures or

lead to results that provide materially

inaccurate comparative data. Pursuant

to paragraph (b) of 1430.27 of the Code

of Federal Regulations, DOE is required

to publish in the Federal Register all

received Petitions for Waiver and

supporting documents from which

confidential information has been

deleted in accordance with 10 CFR

1004.11. Also, DOE is required to solicit

comments data and information with

respect to the determination of the

petition.

DATES: DOE will accept comments, data,

.and information no later than January

90, 1981.

ADDRESS: Written comments and

statements shall be sent to: Department

of Energy, Office of Conservation and

Solar Energy, Case No. D-001, Mail Stop

GH-068, Forrestal Building, 1000

Independence Avenue, SW,

Washington. D.C. 20585.

FOR FURTHER INFORMATION CONTACT:

James A. Smith, U.S. Department of

Energy Office of Conservation and Solar

Energy, Room GH-065. Forrestal

Building, 1000 Independence Avenue,

SW, Washington, D.C. 20585, (202) 252=

9127. Eugene Margolis, Esq., U.S.

Department of Energy, Office of General

Counsel, Room 6B-128, Forrestal .

Building, 1000 Independence Avenue,

SW, Washington, D.C. 20565. (202) 252-

9526.

SUPPLEMENTARY INFORMATION:

Background

On November 2L 1980, Hydro Therm,

Inc. filed a Petition for Waiver from the

DOE test procedures for consumer . :

products. Specifically, the petitioner

believes that the use of the existing

furnace test procedure will lead to

results that provide materially

inaccurate comparative data when these

test procedures are applied to a

particular design of furnace

manufactured by Hydro Therm, Inc.

In consideration of the foregoing and

in accordance with the provisions of

1430.27(b) of Chapter 11 of Title 10,

Code of Federal Regulations, DOE is

hereby publishing the "Petition for

Waiver" in the Federal Register in its

entirety. The petition' contains no

confidential information. DOE is hereby

soliciting comments, data and

Information respecting the

determination of the petition.

The actual petition for waiver from

Hydro Therm.'Inc. was inadvertently

ommitted from the Federal Register

publication of December 17, 1980 (45 FR

82988). This notice corrects this error by

including the Hydro Therm petition for

waiver in today's publication.

Issued In Washington. D.C. December 22,

1900.

Maxine Savitz,

Deputy Assistant Secretary for Conservation

andSolarEnergy.

November 21,1980.

Re: Petition for Waiver, 10 CF7I 430.27.

Gentlemen: 1. Petition For Waiver.

This is a petition for a waiver from the test

procedure specified in Appendix N to

Subpart B contained in, 10 CFR Part 430. at

amended on August 14 1980, as It applies to a

pulse combustion boiler pro duced and sold

by Hydrotherm, Inc. ("Petitioner"). Appendix

N to Subpart B specifies the test procedures

-which manufacturers of furnaces are required

to utilize in determining the relative energy

efficiency of each furnace which they

produce. Section 430.24(n) of Subpart B

prohibits a furnace manufacturer from

making any representation with respect. to

the energy efficiency of its products unless

such representation is based on the results

obtained from the testing procedures

specified in Appendix N to Subpart B.

2. Genera! Description Of Petitioner's

Business.

Since 1953, Petitioner has manufactured

conventional, cast iron boilers and hydronic

baseboards for sale to residential.

commercial and industrial markets through

sates representatives, plumbing wholesalers

and installers. In July 1979, following a

product development program begun in 1977.

Petitioner began the production and

marketing. under the trademark HydroPulseT", of a new boiler which operates on

the pulse combustion principle . In tests

conducted by Petitioner, the Hydro-Pulse

boiler consistently achieved an energy

efficiency of more than 91 percent This has

been confirmed in tests conducted by the

American Gas Association Laboratories

("ACA"). Petitioner's Hydro-Pulse boiler was

the first and remains the only pulse

.combustion boiler on the market. To date,

CAS-RM-79-104 COMMENT 08
Federal Register "{ Vol 45, No. 252 / Wednesday, December 31, 1980 { Notices 86527

Petitioner has sold approximately 3200 such

'oilers and presently has approximately 2400

inventory.

3. Previous Application For Exception

On January 25,1979; following the grant of

a stay by the Department of Energy ("DOE")

on January 3. IM Petitioner filed an

Application for Exception with the office of

Hearings and Appeals from the provisions of

10 CFR Part 430 as it applied to the HydroPulse boiler. The basis for the Application for

Exception was that the test procedures

provided for in Part 430 were designed to

apply to conventional boilers and because of

certain features in the design of a pulse

combustion boiler, did not provide an

accurate measure of energy efficiency when

applied to a pulse combustion boiler and that

unless an exception were granted Petitioner

would experience gross inequity and serious

hardship. The exception was granted on

February 12,1979, to remain in effect until

new test procedures applicable to pulse

combustion boilers were issued by DOE.

Such new test procedures were issued by

DOE on August 12, 1980, effective September

11,1980.

4. DOE Test Does Not Adequately Measure

Condensate.

At the time of receipt of the proposed new

test procedures early in 1980, Hydrotherm did

not have available appropriate test facilities

to conduct such new test Subsequently,

when it was able to conduct such test, it

became evident that the new DOE test

procedure did not accurately measure the

significant increment of efficiency which is

achieved by a Hydro-Pulse boiler in the

axtraction of latent heat by the condensation

of water vapor contained in flue gases. The

DOE test infers condensate from an average

flue temperature. The DOE test as appplied to

a Hydro-Pulse boiler either understates the

amount of condensate or indicates that there

is no condensate when, in fact. a significant

amount of condensate has been collected.

The magnitude of the discrepancy is between

I and 2 percentage points in relative

efficiency. Petitioner then requested the AGA

to conduct the DOE test on three Hydro-Pulse

boilers. The results of the AGA tests

confirmed the existence and magnitude of the

discrepancy and were received by Petitioner'

on or about August 27,1980.

5. DOE Test L Unfair To Petitioner.

The introduction of the Hydro-Pulse boiler .

represents a State of the art effort by

Petitioner to develop and produce

significantly more energy efficient boilers and

to educate and persuade consumers of the

benefits and desirability of purchasing such

boilers in preference to comparably rated

convential and less expensive ones. When

making this purchasing decision, the

overriding consideration is energy efficiency.

and this, virtually alone, will determine if a

consumer is willing to pay more to purchase

this novel type of boiler. In this context it

would be difficult to exaggerate the

importance to Petitioner of being able to

accurately represent the full energy efficiency

value of the Hydro-Pulse boiler. The present

DOE test as conducted by Petitioner and

independently by the AGA indicates an

energy efficiency for the Hydro- Pulse boiler

of approximately 89 percent. The more

accurately measured energy efficiency of the

Hydro-Pulse boiler using the method

described below is approximately 91 percent.

Based on its marketing experience thus far.

Petitioner believes that this differential will

be crucial to its ability successfully to

continue marketing the Hydro-Pulse boiler. If

Petitioner is denied the opportunity to

accurately represent the full energy efficiency

value of the Hydro-Pulse boiler, it will suffer

a gross inequity and a serious hardship, in

that it will be placed at a severe and

unwarranted competitive disadvantage and

its ability to recover its substantial

development costs will be irreparably

impaired.

8. Proposed Use Of Alternative Method

At a meeting held at the National Bureau of

Standards ("NBS") on October 30, i980,

attended by representatives of DOE, NBS,

AGA and Petitioner, the problem described

herein was discussed. Based on that

discussion, it was agreed the AGA would

prepare and submit to NBS data supporting a

method for meauring condensate produced by

pulse combustion boilers. Such data were

submitted by AGA with a letter to NBS dated

November 11, 1980. Petitioner believes that

the method described in the AGA submission

provides a more accurate measurement of the

condensate which occurs in a pulse

combustion boiler and which results in 's

significant increment in energy efficiency.

Petitioner, therefore, respectfully requests

that it be granted a waiver from the

requirement that it comply with the test

procedures specified in 10 CPR Part 430, and

that in lieu thereof it be permitted to use the

method described in the AGA submission to

NBS. Specifically. the Petitioner proposes to

follow the present DOE procedure for -

condensing boilers using heat up and'cool

down tests and to calculate the efficiency

assuming no condensate (Cl+1.0). The test

would be continued through three standard

cycles of 9.5 minutes on and 33 minutes off

per cycle and the condensate collected and

weighed. The amount of condensate collected

would be converted into the amount of heat

released and this would be expressed as a

percentage of the Input and added to the

efficiency as calculated from the flue loss on

a non-condensing dry basil.

7. Public Policy.

Petitioner believes that the nation's energy

conservation policy will be best served by

the granting of this waiver, since the use of

the proposed method will effectively

encourage a greater number of potential

customers to purchase more energy efficient

boilers and will better enable the

manufacturer to recover the substantial costs

of development.

If any additional information is needed,

please contact Mr. A. B. Chadwick at 201-

788-6500 or the undersigned.

Respectfully submitted,

Hydrotherm, Inc.

Thomas I. Flattery,

Vice President.

(Fa Doe. e0-40554 Fi ed i1-40-aa cos am)

skLNO cm slier.e

Energy Conservation Program for '

Consumer Products; Petition for

Waiver of Consumer Product Test

Procedures From Norris Industries

(Case No. D-001)

AGENCY: Department of Energy.

SUMMARY: The energy conservation

program for consumer products, other

than automobiles, was established

pursuant to the Energy Policy

Conservation Act. The Department of/

Energy (DOE) has amended the

Department's regulations for the energy

conservation program for consumer

products by allowing the Assistant

Secretary for Conservation and Solar

Energy temporarily to waive test

procedure requirements for a particular

covered product (45 FR 64108, Sept. 26.

1980). Waivers may be granted when

characteristics of the product prevent

use of the prescribed test procedures or

lead to results that provide materially

inaccurate comparative data. Pursuant

to paragraph (b) of 1 430.27 of the Code

of Federal Regulations, DOE is required

to publish in the Federal Register all

received Petitions for Waiver and

supporting documents from which

confidential information, as determined

by DOE, has been deleted in accordance

with and 10 CFR 1004.11. Also, DOE is

required to solicit comments, data and

information with respect to the

determination of the petition.

DATES: DOE will accept comments, data,

and information no later than January

30,1981.

ADDRESSES: Written comments and

statements shall be sent to: Department

of Energy. Office of Conservation and

Solar Energy, Case No. D-001, Mail Stop

GH-066, Forrestal Building, 1000

Independence Avenue, SW,

Washington, D.C. 20585.

FOR FURTHER INFORMATION CONTACT:

James A. Smith. U.S. Department of

Energy Office of Conservation and Solar

Energy, Room GH-065, Forrestal

Building, 1000 Independence Avenue.

SW, Washington. D.C. 20585, (202) 252-

9127. Eugene Margolis, Esq., U.S.

Department of Energy. Office of General

Counsel, Room 6B-128, Forrestal

Building, 1000 Independence Avenue,

SW., Washington. D.C. 20585, (202) 252-

9526.

SUPPLEMENTARY INFORMATION:

Background .

On November 5, 19M, Norris

Industries filed a Petition for Waiver

from the DOE test procedures for

consumer products. Specifically, the

petitioner believes that the use of the

existing dishwasher test procedure will

lead to results that provide materially

CAS-RM-79-104 COMMENT 08
:-Fsalesal Register / Veil. 45, No. 252 / Wednesday, December 31, 2W / Notices

inaccurate comparative data when these

test procedures are applied to a

particular design of dishwasher

manufactured by Morris lndastries. Also

on the same date, Norris Industries filed

a "request for confidential treatment of

information contained in the petition for

waiver." The petitioner believes the

request for confidential treatment is

justified in accordance with the

applicable provisions of 313 CFR 1904.11.

fe aemideration of the foregoing and

in accordance with the provisions of

f 430.27(b) of Chapter II of Title 10, Code

of Federal Regulations, DOE is hereby

publishing the "Petition for Waiver" in

the Federal Register with the

information deleted which DOE has

determined to be confidential In

accordance with 20 CFR 1904 .11. DOE is

hereby soliciting comments, data, and

information respecft the'

determination of the petition.

The actual petition for waiver from

Nbtris Industries was inadvertently

omitted front the Federal Register

publication of December 17, 19W (45 FR

82988). This notice corrects this error by

including the Norris Industries petition

for waiver in today's publication.

famed in Washington, D.C., December 22,

1980.

Maxine Savttz.

Deputy Assistant SecretaryfarConservothm

andSokarErsetgy.

the original of this document contains

information which Is arguably confidential

under Is U.S.C. 1905. Such material has been

deleted from this copy and replaced with

Xxxxra.j ,

United States Department of Energy

In Re Norris hadustrier, loo.. Petition for

Waiver

Norris Industries, Inc. ("Norris"), pursuant

to 10 CFR 430.27, requests the Department of

Energy ("DOE"') to grant a waiver to the

method as provided for In 10 CFR 430,

Subpart B, Appendix C. for measuring the

energy consumption of lame dishwashers.

1. The particular basic model far which •

waiver is requested. Home dishwashers

manufactured by the Petitioner designatedas

"LER Series."

2. The design characteristics constituting

the grounds for this Petition.-The LER

series dishwashers use a unique steam

generator to provide efficient heating of the

water and the dish load. XXXXX

Applications are pending before the U.S.

Patent Office In, patents on the novel

features of the LER Series dishwasher.

S. Specific requirements sought so be

waived.-In 10 CFR 430. Subpart B. Appendix

C, that part of Section 2.6 requiring the test to

be conducted without a test load. and Section

4.1, in respect to -r. the nominal water

heater temperature rise of 9('F.

4. The .need far lire requested waiver.-

That part of the Energy Policy and

Conservation Act &1 42 USC 6291 at seg. as

implemented by the DOE is 10 CFR Part 430

and the Federal Trade Commission in 18 CFR

Part 305, provides fog, among other things, a

comprehensive plan for testing home

dishwashers for energy consumption and

using the test results as the basisfiar

-disclosing a aaireaated energy consumption

and annual energy mats on Labels attached In

the dishwashers at point of sale. The ultimate

purpose of this program Is toctnserve energy

by disclosing to consumers through the

"Energyguide" label the calculated energy

consumption and the annual cost of energy to

operate a particular dishwasher relative to

other makes and/or models. The current test

procedure for dishwashers as set forth in 10

CFR Part 430, Subpart B, Appendix C. by its

'very nature assumes the traditional model of

machine which requires for its efficient

operation inlet water at a temperature of

'1407. The test procedure as currently

promulgated does not take into accovat a

type of home dishwasher as the Petittoaer's

LER Series. By reason of the LER Series novel

design features. B will save energy over for

Petitioner'r parent models of bonne

dishwashers. however. the present test

procedure for home dishwashers does no

account for the unique features of the

Petitioner's LERSedes in the collection at

data for the purpose of preparing the .

"Energyguide" label. This limitation can be

eliminated by incorporating in the test

procedure is place of the specified 907F the

calculation of inlet water temperature rise.

The present 9o'F value was determined by

the National Bureau of Standards

using that calculation sin time when no

available dishwasher could operate with less

than 140'F inlet water and water heaters

were set at 145'F (FR 42 No. 55 p.15425} In

addition, to validly represent the energy

consumed during heating, a dish loud is

required. This load was also recommended In

the original NBS Test procedure , but was

deleted as being unnecessary at the time of

the final determination of the test procedure

by DOE (FR 42 No. 132 p. 39905).

,Accordingly. without the requested waiver,

It is impossible to arrive at a calculated

energy consumption figure for the LEE Series

dishwasher which would reflect energy

consumption In a manner consistent with the

Intent of 10 CFR 430, Subpart B. Appendix C.

nor a test result which would be a valid

comparison with the calculated energy

consumption of other home dishwashers. The

final result would be to deny consumers

objective comparative data for the ERR Series

on the "Energyguide" labels. The provisions

of 16 CFR Part 305 would also prohibit

relating those potential savings to the

consumer by any means other than the

testing required for the energy consumption

label. In summary, the LER Series dishwasher

contains a novel design characteristic which

prevents its testing to the currently

prescribed test procedures and the currently

prescribed test procedures do not evaluate

the LER Series dishwasher in a naaner

representative of its true energy consumption

characteristics to provide materially accurate

comparative data.

5. Identification of mancfxturera of other

dish washers marketed iw ttre United States

known to NORRiS to incorporate similar

design chm+acte:iatics -The Ki#chenAid

Division of the Hobart Corporation

manufactures a dishwasher with somewhat

similar characteristics in that they claim it

can operate with an inlet water temperature

of 120'P.

9. Alternate testproeodtaes that wilt

wahia'te the LER Series home dishwasher in

e manner representative of Its energy

consumption chamederistics.-Revise 10 CFR

480, Subpart B. Appendix C. Sections 2.6 and

&I to read as follows:

'2,6 Load. Use an eight place setting test

load of dishes. One place setting consists of

the following:

One glass--U ez straight sides. made of

glass.

One cup--Corning "Centura" No. C-308.

One saucer--Coming "Centura" No. 0-50(.

One dinner plate-Coming "Censors" me. C11ti.

One breed and butter plate-Cawing

"Cantura" No. C-100.

One fruit bowl--Corning "Castors No. C409.

One dinner fork-Stainless steel.

One salad fork-Stainless steel.

One knife Stainless steel.

Two teaspoons--Stainless steel"

"4. Calculation of derived results from test

rneasmements.-4.1 Per-cycle water inergy

consumption using electrically heated water.

Calculate for the cycle type under test the

per-cycle water energy consumption using

electrically heated water. W. expressed is

kilowatt-hours per cycle and defined ae:

W.-VxTxK,

Where

V-reporded water emnsurnption in gallons

per cycle for the cycle type under test.

T-.Inlet water temperature rise-measured

inlet water temperature--557.

K.specitic heat of water in kilowatt-hours

per gallon per degree fehrenheit =

.nano.

All other requirements of 10 CFR 430,

Subpart Appendix C, would remain

unchanged.

Norris Industries, Inc.

B jsmes Shaffer.

Vice President and General Coausel, Norris

Industries, Inc.. One Golden Shore, Long

Beach, Cahfornia w&t. (213) 4.15- 8678.

November 5, 198M

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CAS-RM-79-104 COMMENT 08