### 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 ; Petit i on 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 C onservation 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,

### 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 p reference 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

### :-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." T

he 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 inadver t ently 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 Departm ent 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 :i atics

- 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 unch anged. 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 p'R Doc- er-noses rasa iz

-3e-ft ems rmI OI UNG CODE sago-m-e