56FR51711

Federal Register / Vol, 56. No. 199 / Tuesday, October 15, 1991 / Notices 51711

Office of Conservation and

Renewable Energy

(Case No. DH-001 ]

Energy Conservation Program for

Consumer Products; Decision and

Order Granting a Waiver From Vented

Home Heating Equipment Test

Procedures to Appalachian Stove and

Fabricators, Inc.

AGENCY: Office of Conservation and

Renewable Energy, Department of

Energy.

ACTION: Decision and Order.

SUMMARY: Notice is given of the

Decision and Order (Case No. DH-001)

granting a waiver to Appalachian Stove

and Fabricators, Inc. (Appalachian) from

the existing Department of Energy

(DOE) test procedures for vented home

heating equipment (vented heater). The

Department is granting the company its

petition for waiver regarding pilot light

energy consumption in calculation of

Annual Fuel Utilization Efficiency

(AFUE) for its model AGS-44 vented

home heater and its request, in part, to

use a weighted average steady-state

efficiency.

FOR FURTHER INFORMATION CONTACT:

Cyrus H. Nasser!, U.S. Department of

Energy , Office of Conservation and

Renewable Energy, Mail Station CE43, Forrestal Building, 1000

Independence Avenue, SW.,

Washington, DC 20585, (202) 586-9127.

Eugene Margolis, Esq., U.S. Department

of Energy, Office of General Counsel.

Mail Station GC-41. Forrestal

Building. 1000 Independence Avenue.

SW., Washington. DC 20585, (202)

586-9507.

SUPPLEMENTARY INFORMATION: In

accordance with 10 CFR 430.27(g), notice

is hereby given of the issuance of the

Decision and Order as set out below. In

the Decision and Order, Appalachian

has been granted a Waiver for its model

AGS-.44 vented heater, from the DOE

test procedure regarding the pilot light,

permitting the company to use an

alternate test method in determining

AFUE. Further, that part of the Petition

regarding weighted average steady state

efficiency has been granted in part.

Issued in Washington . DC. October 2. 1991.

1. Michael Davis.

Assistant Secretary. Conservation and

Renewable Energy.

Decision and Order

In the matter of: Appalachian Stove

and Fabricators, Inc. (Case No. DH-001)

CAS-RM-79-104 COMMENT 64
56FR51711

51712 Federal Register

Background

The Energy Conservation Program for

Consumer Products (other than

automobiles) established pursuant to the

Energy Policy and Conservation Act ,

(EPCA), Public Law 94-163,89 Stat. 917,

as amended by the National Energy

Conservation Policy Act (NECPA),

Public Law 95-619,92 Stat. 3266, the

National Appliance Energy

Conservation Act of 1987 (NAECA),

Public Law 100-12, and the National

Appliance Energy Conservation

Amendments of 1988 (NAECA 1988),

Public Law 100-357, 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 10 CFR part

430, subpart B.

DOE 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 the applicable waiver

process to allow the Assistant Secretary

for Conservation 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.

The Interim Waiver provisions, added

by the 1986 amendment, allow the

Assistant Secretary to grant an Interim

Waiver when 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 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. An Interim Waiver

Vol. 56, No. 199 / Tuesday, October 15, 1991 / Notices

remains in effect for a period of 180 days address this issue, Appalachian asks

or until DOE issues its determination on that the Waiver be granted.

the Petition for Waiver, whichever is Based on DOE's review of how the

sooner, and may be extended for an

additional 180 days, if necessary.

Appalachian filed a "Petition for

Waiver," dated September 21, 1990, in

accordance with § 430.27 of 10 CFR Part

430. DOE published in the Federal

Register on February 14, 1991

Appalachian's Petition and solicited

comments, data and information

respecting the petition. 56 FR 6016.

No comments were received

concerning the "Petition for Waiver."

DOE consulted with the Federal Trade

Commission (FTC) concerning the

Appalachian Petition. The FTC did not

have any objections to the issuance of a

waiver to Appalachian.

Assertions and Determinations

Appalachian's Petition seeks a

Waiver from the DOE test procedure

regarding (a) pilot light energy

consumption and (b) steady state

efficiency. The DOE test provision

requires measurement of energy input

rate to the pilot light (Q,) with an error

no greater than 3 percent for vented

heaters, and use of this data in the

calculation of AFU(^1E using the f,o,rmula:

AFUE = 440071.-q,.Qi.•max/ (`t4""'/uQi.-

m,=-t-2.5(4600)r1.Q,). Appalachian

requests the allowance to delete the

2.5(4600)r1f,Q, term in the calculation of

AFUE when testing its AGS-44 model

vented heater. Appalachian states that

the AGS-44 model vented heater is

fitted with a piezo igniter which fires a

transient pilot for the purpose of smooth

and safe ignition of the main burner

while controlling the amount of heat to

energize the thermoelectric valve

incorporated in the control. Gas to the

pilot for ignition of the main burner is

obtained by depressing the control knob

and turning counterclockwise to the

ignition position, position 1, and

pressing the piezo igniter to ignite the

pilot. As soon as the pilot energizes the

thermoelectric valve of the control, the

main burner is ignited by turning the

control knob from position 1 to position

2, 3 or 4. The pilot remains on at settings

2, 3 and 4, and by virtue of its position,

contributes to the heat release within

the combustion chamber.

When the heater is turned off after

use, the control knob is turned

clockwise to the "OFF" position,

automatically turning off the pilot.

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

AGS-44 model vented heater operates

and the fact that if the manufacturer's

instructions are followed, the pilot light

will not be left on, DOE grants the

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 heater shall have an

easily read label near the gas control

knob instructing the user to turn the

valve to the off-position when the heater

is not in use.

Appalachian also seeks a Waiver

from the DOE test provision that

requires determination of steady state

efficiency at a flow rate for manually

controlled gas fueled vented heaters

with various input rates that is 50

percent of the maximum fuel input rate,

plus or minus 5 percent.

Appalachian states that the manual

control on its heater gives three fixed

gas rates and is not infinitely variable.

Therefore it is not possible to obtain a

rate of 50 percent of the maximum fuel

rate as specified in the DOE test

procedure.

Since the current DOE test procedure

does not address this issue,

Appalachian asks that an alternative

test procedure for determination of

steady state efficiency, based on a

weighted average of efficiencies

obtained at settings 2, 3 and 4 be

granted.

Appalachian's request for a Waiver to

use an alternate test procedure for

determination of steady state efficiency

based on a weighted average of three

different firing rates is denied. Instead.

DOE has determined that the steady

state efficiency of this heater shall be

measured at its minimum fuel input rate.

which is 65.3 percent of its maximum

input rate. This minimum input rate is

closest to the 50 percent input rate at

which other manually controlled vented

heaters are being rated. DOE believes

that to do otherwise would result in an

unjustified higher AFUE that would be

unfair to other manufacturers of similar

heaters because relatively higher firing

rates would generally result in higher

burner efficiencies.

It is therefore, ordered that:

(1) The "Petition for Waiver" filed by

the Appalachian Stove and Fabricators.

Inc., (Case No. DH-001) is hereby

granted as set forth in paragraph (2)

below, subject to the provisions of

paragraphs (3), and (4).

(2) Not withstanding any contrary

provisions of Appendix 0 of 10 CFR part

430, subpart B, the Appalachian Stove

CAS-RM-79-104 COMMENT 64
56FR51711

Federal Register / Vol. 56, No. 199 / Tuesday, October 15, 1991 / Notices X1713

and Fabricators, Inc. shall be permitted

to test its AGS-44 vented heater on the

basis of the test procedure specified in

10 CFR part 430, subpart B, appendix 0

with modifications set forth below:

(i) Delete paragraph 3.5 of appendix

0.

(ii) Delete paragraph 4.2.4. of

appendix 0 and replace with the

following paragraph:

4.2.4 Weighted Average SteadyState Efficiency. For manually

controlled heaters with various input

rates, the weighted average steady-state

efficiency (try..- ) is 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. For a

manually controlled heater with one

single firing rate, the weighted average

steady-state efficiency is the steadystate efficiency measured at the single

firing rate.

(iii) 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)

expressed as a percent and defined as:

AFUE = Tp, ..

Where:

77„ = as defined in 4.2.5 of this appendix.

(iv) With the exception of the

modification set forth above,

Appalachian Stove and Fabricators, Inc.

shall comply in all respects with the

procedures specified in appendix 0 of

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 the AGS-44

vented heater manufactured by

Appalachian Stove and Fabricators, 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 the factual

basis underlying the Petition is

incorrect.

Issued in-Washington, DC. October 2, 19M.

1. Michael Davis.

Assistant Secretary Conservation and

Renewable Energy.

(FR Doc. 91-24771 Filed 10-11--01: 13:45 am)

BILLING COOE $450-41-U

CAS-RM-79-104 COMMENT 64