## 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)

## 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

## 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 averagesteady-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