[Federal Register Volume 62, Number 45 (Friday, March 7, 1997)]
[Notices]
[Pages 10547-10549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-5657]


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DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. DH-008]


Energy Conservation Program for Consumer Products: Decision and 
Order Granting a Waiver From the Vented Home Heating Equipment Test 
Procedure to CFM Majestic Inc.

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Decision and Order.

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SUMMARY: Notice is given of the Decision and Order (Case No. DH-008) 
granting a Waiver to CFM Majestic Inc. (CFM Majestic) from the existing 
Department of Energy (DOE or Department) test procedure for vented home 
heating equipment. The Department is granting CFM Majestic's Petition 
for Waiver regarding the use of pilot light energy consumption in 
calculating the Annual Fuel Utilization Efficiency (AFUE), and the 
input rate at which the weighted average steady state efficiency and 
AFUE for manually controlled heaters with various input rates are 
calculated for its models A120, A125, A130, A132, A230, A232, AB132, 
D130, D132, D230, D232, D332, D334, D336, DR333, DR336, DR339, DT336, 
DT339, DT343, DVR33, DVR36, DVR39, DVRS3, DVT36, DVT39, DVT43, DVTS2, 
FS22, FS32, FSDV22, FSDV32, HE25, HE32, HEB32, and HEDV32.

FOR FURTHER INFORMATION CONTACT: Mr. William W. Hui, U.S. Department of 
Energy, Office of Energy Efficiency and Renewable Energy, Mail Station 
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, CFM Majestic has been granted a 
Waiver for its models A120, A125, A130, A132, A230, A232, AB132, D130, 
D132, D230, D232, D332, D334, D336, DR333, DR336, DR339, DT336, DT339, 
DT343, DVR33, DVR36, DVR39, DVRS3, DVT36, DVT39, DVT43, DVTS2, FS22, 
FS32, FSDV22, FSDV32, HE25, HE32, HEB32, and HEDV32 manually controlled 
vented heaters, permitting the company to use an alternate test method 
in determining AFUE.

    Issued in Washington, DC, on March 3, 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: CFM Majestic Inc. (Case No. DH-008).

[[Page 10548]]

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 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.
    CFM Majestic filed a ``Petition for Waiver,'' dated October 31, 
1996, in accordance with section 430.27 of Title 10 CFR Part 430. The 
Department published in the Federal Register on January 6, 1997, CFM 
Majestic's Petition and solicited comments, data and information 
respecting the Petition. 62 FR 742, January 6, 1997. CFM Majestic also 
filed an ''Application for Interim Waiver'' under section 430.27(b)(2), 
which DOE granted on December 27, 1996. 62 FR 742, January 6, 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 CFM Majestic Petition. 
The FTC does not have any objections to the issuance of the waiver to 
CFM Majestic.

Assertions and Determinations

    CFM Majestic's Petition seeks a waiver from the DOE test provisions 
regarding (a) the use of pilot light energy consumption in calculating 
the AFUE and (b) the input rate at which the weighted average steady 
state efficiency and AFUE for manually controlled heaters with various 
input rates are calculated. The DOE test provisions in section 3.5 of 
Title 10 CFR Part 430, Subpart B, Appendix O require measurement of 
energy input rate to the pilot light (Q<INF>P) 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=[4400<greek-ee><INF>SS<greek-ee><INF>uQ<INF>in-max]/
[4400<greek-ee><INF>SSQ<INF>in-max+2.5(4600)<greek-ee><INF>uQ<INF>P]. 
CFM Majestic requests that, in essence, it be allowed to delete Q<INF>P 
and, accordingly, the [2.5(4600)<greek-ee><INF>uQ<INF>P] term in the 
calculation of AFUE. CFM Majestic states that its models A120, A125, 
A130, A132, A230, A232, AB132, D130, D132, D230, D232, D332, D334, 
D336, DR333, DR336, DR339, DT336, DT339, DT343, DVR33, DVR36, DVR39, 
DVRS3, DVT36, DVT39, DVT43, DVTS2, FS22, FS32, FSDV22, FSDV32, HE25, 
HE32, HEB32, and HEDV32 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. Since the current DOE test procedure does not address this 
issue, and others have received the same waiver under the same 
circumstances, CFM Majestic asks that the Waiver be granted. Previous 
Petitions for Waiver 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 Fireplace Products, Inc., 
61 FR 64519, December 5, 1996.
    Based on DOE's review of how CFM Majestic's models A120, A125, 
A130, A132, A230, A232, AB132, D130, D132, D230, D232, D332, D334, 
D336, DR333, DR336, DR339, DT336, DT339, DT343, DVR33, DVR36, DVR39, 
DVRS3, DVT36, DVT39, DVT43, DVTS2, FS22, FS32, FSDV22, FSDV32, HE25, 
HE32, HEB32, and HEDV32 manually controlled vented heaters operate and 
the fact that the user can turn off the pilot light when the heater is 
not in use, DOE grants CFM Majestic 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.
    CFM Majestic also seeks a Waiver from the DOE test provisions in 
section 3.1.1 of Title 10 CFR Part 430, Subpart B, Appendix O which 
require steady state efficiency of manually controlled heaters with 
various flow rates to be determined at a fuel input rate of 50 percent 
5 percent of the maximum fuel input rate, and the use of this data in 
section 4.2.4 to determine the weighted average steady state efficiency 
needed in the calculation of AFUE.
    CFM Majestic states that its manually controlled heaters utilize a 
gas control with a variable pressure regulator that allows the user to 
select various fuel input rates by varying the range of pressures of 
the heaters, and requests that it be allowed to determine weighted 
average steady state efficiency used in the calculation of AFUE at a 
minimum fuel input rate of no greater than two-thirds of the maximum 
fuel input rate instead of the specified 50 percent <plus-minus>5 
percent of the maximum fuel input rate. Also, 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; and 
Vermont Castings, Inc., 61 FR 57857, November 8, 1996.
    Based on DOE having granted similar waivers in the past to heaters 
utilizing a variable pressure regulator control that allows a user to 
set various fuel input rates, DOE agrees that a waiver should be 
granted to allow for the determination of the weighted average

[[Page 10549]]

steady state efficiency used in the calculation of AFUE at a minimum 
fuel input rate of no greater than two-thirds of the maximum fuel input 
rate instead of the specified 50 percent <plus-minus> 5 percent of the 
maximum fuel input rate for CFM Majestic models A120, A125, A130, A132, 
A230, A232, AB132, D130, D132, D230, D232, D332, D334, D336, DR333, 
DR336, DR339, DT336, DT339, DT343, DVR33, DVR36, DVR39, DVRS3, DVT36, 
DVT39, DVT43, DVTS2, FS22, FS32, FSDV22, FSDV32, HE25, HE32, HEB32, and 
HEDV32 manually controlled vented heaters.
    It is, therefore, ordered that:
    (1) The ``Petition for Waiver'' filed by CFM Majestic, Inc. (Case 
No. DH-008) 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 O of Title 
10 CFR Part 430, Subpart B, CFM Majestic, Inc. shall be permitted to 
test its models A120, A125, A130, A132, A230, A232, AB132, D130, D132, 
D230, D232, D332, D334, D336, DR333, DR336, DR339, DT336, DT339, DT343, 
DVR33, DVR36, DVR39, DVRS3, DVT36, DVT39, DVT43, DVTS2, FS22, FS32, 
FSDV22, FSDV32, HE25, HE32, HEB32, and HEDV32 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 O.
    (ii) The last paragraph of 3.1.1 of Appendix O is revised to read 
as follows:
    3.1.1  (a) For manually controlled gas fueled vented heaters with 
various input rates, determine the steady-state efficiency at:
    (1) A fuel input rate within 50 percent <plus-minus>5 percent of 
the maximum fuel input rate or,
    (2) The minimum fuel input rate if the design of the heater is such 
that 50 percent <plus-minus>5 percent of the maximum fuel input rate 
can not be set, provided this minimum input rate is no greater than 
two-thirds of the maximum input rate of the heater.
    (b) If the heater is designed to use a control that precludes 
operation at other than maximum output (single firing rate), determine 
the steady state efficiency at the maximum input rate only.
    (iii) Delete paragraph 4.2.4 of Appendix O and replace with the 
following paragraph:
    4.2.4  Weighted Average Steady-State Efficiency. (a) For manually 
controlled heaters with various input rates, the weighted average 
steady-state efficiency (<greek-ee><INF>SS-WT) is:
    (1) At 50 percent <plus-minus>5 percent of the maximum 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, or
    (2) At 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 if the design of the heater is such that 50 percent 
<plus-minus>5 percent of the maximum fuel input rate can not be set, 
provided the tested input rate is no greater than two-thirds of maximum 
input rate of the heater.
    (b) For manually controlled heaters with one single firing rate, 
the weighted average steady-state efficiency is the steady-state 
efficiency measured at the single firing rate.
    (iv) Delete paragraph 4.2.6 of Appendix O 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 = <greek-ee><INF>u

Where <greek-ee><INF>u is defined in section 4.2.5 of this appendix.

    (v) With the exception of the modification set forth above, CFM 
Majestic, Inc. shall comply in all respects with the test procedures 
specified in Appendix O 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 A120, A125, A130, A132, A230, A232, AB132, D130, D132, D230, 
D232, D332, D334, D336, DR333, DR336, DR339, DT336, DT339, DT343, 
DVR33, DVR36, DVR39, DVRS3, DVT36, DVT39, DVT43, DVTS2, FS22, FS32, 
FSDV22, FSDV32, HE25, HE32, HEB32, and HEDV32 manually controlled 
vented heaters manufactured by CFM Majestic, 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 3, 1997, this Waiver supersedes the Interim 
Waiver granted CFM Majestic, Inc. on December 27, 1996. 62 FR 742, 
January 6, 1997. (Case No. DH-008).

    Issued in Washington, DC, on March 3, 1997.
Christine A. Ervin,
Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. 97-5657 Filed 3-6-97; 8:45 am]
BILLING CODE 6450-01-P