62FR144O9

Federal Register / Vol. 62, No. 58 / Wednesday, March 26, 1997 / Notices

address this issue, and since others have

received the same waiver under the

same circumstances, Hunter asks that

the Waiver be granted. Previous

Petitions for Waiver under the same

circumstances have been granted by

DOE to Appalachian Stove and

Fabricators, Inc., 56 FR 51711 (October

15, 1991); Valor Inc., 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 (April23, 1996);

Vermont Castings, Inc., 61 FR 57857

(November 8, 1996); and Heat-N-Glo, 61

FR 64519 (December 5, 1996).

Based on DOE's review of how

Hunter's models F125H, HDS2000,

HDV30E, HDV2500, PW20, PW35,

PW50, HFI30, HFS40, HWF15, and

HWF30 manually controlled vented

heaters operate and the fact that if the

manufacturer's instructions are

followed, the pilot light will not be left

on, DOE grants Hunter its Petition for

Waiver to exclude the pilot light energy

input in the calculation of AFUE.

This decision is subject to the

condition that the heaters shall have an

easily read label near the gas control

knob instructing the user to turn the

valve to the off-position when the

heaters are not in use.

It is, therefore, ordered That:

(1) The "Petition for Waiver" filed by

Hunter Energy and Technology Inc.

(Case No. DH-009) is hereby granted as

set forth in paragraph (2) below, subject

to the provisions of paragraphs (3), (4),

and (5).

(2) Notwithstanding any contrary

provisions of Appendix 0 of Title 10

CFR Part 430, Subpart B, Hunter Energy

and Technology Inc. shall be permitted

to test its models F125H, HDS2000,

HDV30E, HDV2500, PW20, PW35,

PW50, HFI30, HFS40, HWF15, and

HWF30 manually controlled vented

heaters on the basis of the test

procedure specified in Title 10 CFR Part

430, with modifications set forth below:

(i) Delete paragraph 3.5 of Appendix

0.

(ii) 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) as a

percent and defined as:

AFUE = mlu

Where ilu is defined in section 4.2.5 of

this appendix.

(iii) With the exception of the

modification set forth above, Hunter

Energy and Technology Inc. shall

comply in all respects with the test

procedures specified in Appendix 0 of

Title 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 models

F125H, HDS2000, HDV30E, HDV2500,

PW20, PW35, PW50, HFI30, HFS40,

HWF15, and HWF30 manually

controlled vented heaters manufactured

by Hunter Energy and Technology, 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 a factual

basis underlying the Petition is

incorrect.

(5) Effective March 19, 1997, this

Waiver supersedes the Interim Waiver

granted Hunter Energy and Technology,

Inc. on January 22, 1997, 62 FR 4274

(January 29, 1997). (Case No. DH-009).

Issued in Washington, DC, on March 19,

1997.

Christine A. Ervin,

Assistant Secretary, Energy Efficiency and

Renewable Energy.

[FR Doc. 97-7610 Filed 3-25-97; 8:45 amt

BILLING CODE 6450-01-P

[Case No. DH-010]

Energy Conservation Program for

Consumer Products: Decision and

Order Granting a Waiver From the

Vented Home Heating Equipment Test

Procedure to Wolf Steel Ltd.

AGENCY: Office of Energy Efficiency and

Renewable Energy, Department of

Energy.

ACTION : Decision and order.

SUMMARY : Notice is given of the

Decision and Order (Case No. DH-0 10)

granting a Waiver to Wolf Steel Ltd.

(Wolf Steel) from the existing

Department of Energy (DOE or

Department) test procedure for vented

home heating equipment. The

Department is granting Wolf Steel's

Petition for Waiver regarding the use of

pilot light energy consumption in

calculating the Annual Fuel Utilization

Efficiency (AFUE) for its models GD22,

GD27, GD3200, GD3200B, GD40,

01301413, G13014, G13600, GS3500,

GDS3700, GDS50, GS50, GDI50, and

GD45 manually controlled vented

heaters.

FOR FURTHER INFORMATION CONTACT:

Mr. William W. Hui, U.S. Department of

Energy, Office of Energy Efficiency

and Renewable Energy, Mail Station

14409

EE-43, Forrestal Building, 1000

Independence Avenue, SW.,

Washington, DC 20585-0121, (202)

586-9145; or

Mr. Eugene Margolis, U.S. Department

of Energy, Office of General Counsel,

Mail Station GC-72, Forrestal

Building, 1000 Independence Avenue,

SW., Washington, DC 20585-0103,

(202) 586-9507.

SUPPLEMENTARY INFORMATION: In

accordance with Title 10 CFR 430.27(j),

notice is hereby given of the issuance of

the Decision and Order as set out below.

In the Decision and Order, Wolf Steel

has been granted a Waiver for its models

GD22, GD27, GD3200, GD3200B, GD40,

0130148, G13014, 013600, GS3500,

GDS3700, GDS50, GS50, GDI50, and

GD45 manually controlled vented

heaters, permitting the company to use

an alternate test method in determining

AFUE.

Issued in Washington, DC, on March 19,

1997.

Christine A. Ervin,

Assistant Secretary, Energy Efficiency and

Renewable Energy.

Decision and Order

Department of Energy

Office of Energy Efficiency and

Renewable Energy

In the Matter of: Wolf Steel Ltd. (Case

No. DH-010)

Background

The Energy Conservation Program for

Consumer Products (other than

automobiles) was established pursuant

to the Energy Policy and Conservation

Act, Public Law 94--163, 89 Stat. 917, 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 purchasing decisions, and

will determine whether a product

complies with the applicable energy

conservation standard. These test

procedures appear at Title 10 CFR Part

430, Subpart B.

The Department amended the

prescribed test procedures by adding

Title 10 CFR 430.27 to create a waiver

process, 45 FR 64108 (September 26,

1980). Thereafter, DOE further amended

its appliance test procedure 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

 CAS-RM-79-104 COMMENT 161
62FR14409

Federal Register / Vol. 62, No. 58 / Wednesday, March 26, 1997 / Notices

petitioned DOE for a waiver of such

prescribed test procedures, 51 FR 42823

(November26, 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.

Wolf Steel filed a "Petition for

Waiver," dated December 3, 1996, in

accordance with section 430.27 of Title

10 CFR Part 430. The Department

published in the Federal Register on

January 29, 1997, Wolf Steel's Petition

and solicited comments, data and

information respecting the Petition, 62

FR 4747 (January 31, 1997). Wolf Steel

also filed an "Application for Interim

Waiver" under section 430.27(b)(2),

which DOE granted on January 27, 1997,

62 FR 4747 (January 31, 1997).

No comments were received

concerning either the "Petition for

Waiver" or the "Interim Waiver." The

Department consulted with the Federal

Trade Commission (FTC) concerning the

Wolf Steel Petition. The FTC does not

have any objections to the issuance of

the waiver to Wolf Steel.

Assertions and Determinations:

Wolf Steel's Petition seeks a waiver

from the DOE test provisions regarding

the use of pilot light energy

consumption in calculating the AFUE.

The DOE test provisions in section 3.5

of Title 10 CFR Part 430, Subpart B,

Appendix 0 require measurement of

energy input rate to the pilot light (QP)

with an error no greater than 3 percent

for vented heaters, and use of this data

in section 4.2.6 for the calculation of

AFUE using the formula:

AFUE _ [4400tISS7luQin-max]/

[4400TISSQin-max + 2.5(4600)t1uQP].

Wolf Steel requests that, in essence, it

be allowed to delete QP and,

accordingly, the [2.5(4600)r1u QP] term

in the calculation of AFUE. Wolf Steel

states that its models GD22, GD27,

GD3200, GD3200B, GD40, GI3014B,

G13014, G13600, GS3500, GDS3700,

GDS50, GS50, GDI50, and GD45

manually controlled vented heaters are

designed with a transient pilot which is

to be turned off by the user when the

heater is not in use.

The control knob on the combination

gas control in these heaters has three

positions: "OFF," "PILOT," and "ON."

Gas flow to the pilot is obtained by

rotating the control knob from "OFF" to

"PILOT," depressing the knob, holding

in, pressing the piezo igniter. When the

pilot heats a thermocouple element,

sufficient voltage is supplied to the

combination gas control for the pilot to

remain lit when the knob is released

and turned to the "ON " position. The

main burner can then be ignited by

moving an ON/OFF switch to the "ON"

position. Instructions to users to tam

the gas control knob to the "OFF"

position when the heater is not in use,

which automatically turns off the pilot,

are provided in the User's Instruction

Manual and on a label adjacent to the

gas control valve. If the manufacturer's

instructions are observed by the user,

the pilot light will not be left on. Since

the current DOE test procedure does not

address this issue, and since others have

received the same waiver under the

same circumstances, Wolf Steel asks

that the Waiver be granted . Previous

Petitions for Waiver under the same

circumstances have been granted by

DOE to Appalachian Stove and

Fabricators, Inc., 56 FR 51711 (October

15, 1991 ); Valor Inc., 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, 61

FR 64519 (December 5, 1996).

Based on DOE's review of how Wolf

Steel's models GD22, GD27, GD3200,

GD3200B, GD40, G13014B, G13014,

GI3600, GS3500, GDS3700, GDS50,

GS50, GDI50, and GD45 manually

controlled vented heaters operate and

the fact that if the manufacturer's

instructions are followed, the pilot light

will not be left on, DOE grants Wolf

Steel its Petition for Waiver to exclude

the pilot light energy input in the

calculation of AFUE.

This decision is subject to the

condition that the heaters shall have an

easily read label near the gas control

knob instructing the user to turn the

valve to the off-position when the

heaters are not in use.

It is, therefore, ordered That:

(1) The "Petition for Waiver " filed by

Wolf Steel Ltd. (Case No. DH-0l0) is

hereby granted as set forth in paragraph

(2) below, subject to the provisions of

paragraphs (3), (4), and (5).

(2) Notwithstanding any contrary

provisions of Appendix 0 of Title 10

14410

CFR Part 430, Subpart B, Wolf Steel Ltd.

shall be permitted to test its models

GD22, GD27, GD3200, GD3200B, GD40,

0I3014B, G13014, 0I3600, GS3500,

GDS3700, GDS50, GS50, GDI50, and

GD45 manually controlled vented

heaters on the basis of the test

procedure specified in Title 10 CFR Part

430, with modifications set forth below:

(i) Delete paragraph 3.5 of Appendix

0.

(ii) 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) as a

percent and defined as:

AFUE = rlu

where rlu is defined in section 4.2.5 of

this appendix.

(iii) With the exception of the

modification set forth above, Wolf Steel

Ltd. shall comply in all respects with

the test procedures specified in

Appendix 0 of Title 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 models GD22,

GD27, GD3200, GD3200B, GD40,

013014B, 0I3014, G13600, GS3500,

GDS3700, GDS50, GS50, GDI50, and

GD45 manually controlled vented

heaters manufactured by Wolf Steel Ltd.

(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 a factual

basis underlying the Petition is

incorrect.

(5) Effective March 19, 1997, this

Waiver supersedes the Interim Waiver

granted Wolf Steel Ltd. on January 31,

1997, 62 FR 4747 (January 31, 1997).

(Case No. DH-0 10).

Issued in Washington, DC, on March 19,

1997.

Christine A. Ervin,

Assistant Secretary, Energy Efficiency and

Renewable Energy.

[FR Doc. 97-7609 Filed 3-25-97; 8:45 am]

BILLING CODE 6450-01-P

 CAS-RM-79-104 COMMENT 161