### 56FR6022

6022 Federal Register / Vol. 56, No. 31 / Thursday, February 14, 1991 / Notices

[Case No. DH-0021


### Energy Conservation Program for Consumer Products ; Petition for Waiver of Vented Home Heating Equipment Test Procedures From Valor inc.

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

SUMMARY: Today's notice publishes a "Petition for Waiver" from Valor Incorporated (Valor), requesting a waiver from the existing Department of Energy (DOE) test procedures for vented home heating equipment. Valor requests that DOE grant relief from the DOE test procedures relating to the use of pilot light energy consumption in the calculation of Annual Fuel Utilization Efficiency (AFUE), and the calculation of steady state efficiency of its VN-32 model vented heater. Valor claims that while the VN-32 is capable of being tested in accordance with the DOE vented home heating equipment test procedure, the test procedure does not give a true representation of the VN-32 vented heater's efficiency. DOE is soliciting comments, data, and information,respecting the Petition for Waiver.

### 56FR6022
Federal Register / Vol. 56, No. 31 / Thursday, February 14, 1991 / Notices

DATES : DOE will accept comments, data, and information no later than March 18, 1991.
ADDRESSES : Written comments (8 copies) shall be sent to: Department of Energy, Office of Conservation and Renewable Energy, Case No. DH-002, Mail Stop CE-90, Forrestal Building, room 6B-0251000 Independence Avenue, SW., Washington, DC 20585. (202) 586-3012.
FOR FURTHER INFORMATION CONTACT: Cyrus H. Nasser!, U.S. Department of Energy, Office of Conservation and Renewable Energy, Mail Stop CE-43, 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 Stop GC-41, Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 20585, (202] 586-9507.
SUPPLEMENTARY INFORMATION: The Energy Conservation Program for Consumer Products (other than automobiles) was 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, 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. These test procedures appear at 10 CFR part 430, subpart B. DOE amended the prescribed test procedures by adding 10 CFR 430.27 on September 26, 1980, creating the waiver process. 45 FR 64108. 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. The waiver generally remains in effect until final test procedure amendments become 

### effective, resolving the problem that is the subject of the waiver. On September 21, 1990, Valor filed a Petition for Waiver requesting waiver requesting waiver from the DOE test procedure for vented home heating equipment which is found at appendix 0 to subpart B of 10 CFR part 430. Valor seeks a waiver regarding: (a) Pilot light energy consumption; and (b) steady state efficiency.
Valor seeks a waiver from the provision in the DOE test procedure that requires measurement of energy input rate of the pilot light (Qp) and the use of this data in calculation of AFUE, where:
AFUE = 440rtsstwQin max/(4400rtssQin max + 2.5(4800)gWQP)
Instead, Valor requests that allowance to delete Qp and accordingly delete the 2.5(4600)rf1LQp term in calculation of AFUE. Valor states that its instruction direct the consumer to turn off the pilot light. Therefore, the unit should not be penalized for the pilot light energy consumption. Since the current test procedure does not address this issue , Valor asks that the waiver be granted.
Valor also seeks a waiver from the DOE test procedure regarding the calculation of steady state efficiency. Valor seeks a waiver from the provision in section 3.1.1 that requires calculation of steady efficiency for manually controlled vented heaters with various input rates be determined at a fuel input rate that is within 5 percent of 50 percent of the maximum fuel input rate. Valor states that since the manual control on its heater has three fixed gas rates, and is not infinitely variable, it is not possible to obtain a rate of 50 percent of the maximum fuel rate specified in the regulations. Since the current DOE test procedure does not address this issue, Valor requests an alternative test procedure for calculation of steady state efficiency based on weighted average of the three different gas settings. Pursuant to paragraph (b) of 10 CFR 403.27, DOE is hereby publishing the "Petition for Waiver" in its entirety. The petition contains no confidential information. DOE solicits comments, data, and information respecting the petition.

Issued in Washington, DC, February 6, 1991. J. Michael Davis, Assistant Secretary, Conservation and Renewable Energy.
September 21, 1990.
Mr. J.M. Davis, P.E., 

### 6023

Assistant Secretary for Conservation and Renewable Energy, Forrestall Building, 1000 Independence Avenue SW., Washington

, D.C. 20585 RE: Request for Waivers
Dear Mr

. Davis

, We wish to apply for acceptance of two waivers from Sections of the Code of Federal Regulations

, Energy 10, Parts 400 to 499, Revised January 1 , 1990, The particular sections for which the waivers are required are detailed against each Waiver Request. The model for which the waivers are requested is:

Model VN32
Gas Fired Wood Stove for Natural Gas
Waiver Request No. 1

This refers to: CFR Energy 10 Parts 400 to 499, Part 430 Subpart B, Appendix C. Section 3.1.1-Gas fueled vented home heating equipment

. Section 4.2.4-Weighted average steady state efficiency. Introduction: We have designed a gas fired heating appliance which has a visual flame effect very similar to that of a real wood burning stove and a relatively high thermal efficiency for this type of product. The appliance has recently been Certified by the American Gas Association to ANSI Standard
Z21.11. 1a-1989. Description : The visual effect of the stove is achieved using a manually operated gas control (tap) to supply three fixed gas settings. The reduced individual gas rates are achieved by fixed orifice holes in the control plug of a Sourdillon control which are set by the consumer by turning the control knob to the required position. The positions obtainable on the control are:
OFF 1. Ignition-Pilot ignition only. 2. Low Rate-(Main burner only)-24,500 BTU's/hour. 3. Main Burner & Middle Decorative Flames-28,000 BTU's/hour.4. Main Burner & All Decorative Flames37,500 BTU's/hour. Settings 2, 3 and 4 are considered commercially desirable to compare with the moods of a real wood burning fire and make the product attractive as a replacement for wood burning appliances. Requirements Sought To Be Waived
In endeavoring to apply the current "Code of Federal Regulations," we find that Section 3.1.1 "Gas Fuel Vented Home Heating Equipment" refers to manually controlled heaters (last paragraph of Page 147). This paragraph states: "For manually controlled gas fueled vented heaters, with various input rates determine the steady state efficiency at a fuel input rate that is within 5% of 50% of the maximum fuel input rate." The manual control on our heater gives the three fixed gas rates previously detailed and is not infinitely variable down to a zero gas rate. It is therefore not possible to obtain a rate of 50% of the maximum fuel input rate by operating the heater normally in accordance with the Manufacturer's Users Instructions. The low rate is 65 .3% of the maximum rate. The intermediate rate of 28,000 BTU's/hour is

### 6024 Federal Register / VoL 58, N& i6Tfll2rsday. February 14, 1991 / Notices

a reduced visual flame picture which is more likely to be used than the minimum rate with no flame effect
Specific Requirements Sought To Be Waived Since the 50% rate specified in the Regulations can not be normally achieved on this product, we request that the requirement is waived for this appliance.
Alternative Test Procedure
For an alternative test procedure we request that the steady state efficiency should be assessed as an average of efficiencies obtained at settings 2. 3 and 4. but weighted in favor of 0.8 setting 4, plus 0.3 setting 3 and 0.1 setting 2. Waiver Request No. 2 This Refers To: CFR Energy 10, Parts 400 to 499, Part 430, Subpart B. Appendix O. Section 3.5 Pilot Light Measurement Section 4.2.6 Annual Fuel Utilization Efficiency. Description: The heater is fitted with 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, holding in, 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 from position 1 to 2. The pilot remains on at settings 2, 3 and 4, and by virtue of its position below the main burner, contributes to the heat release within the combustion chamber. When the heater is turned off after use in accordance with the Manufacturer's Instructions , the control knob is turned to the "OFF" position. This moves the control through the pilot ignition position 1 and the pilot is automatically turned off with this operation. Requirements Sought To Be Waived If the Manufacturers Instructions, in conjunction with the control knob markings are observed by the user, the pilot will not be left on. Section 4.2.6 "Annual Fuel Utilization Efficiency" for manually controlled vented heaters gives the AFUE defined as:

AFUE=

44000sa1w Qin-max

4400+1ss Qin- max+2 .5(4600)ip Qp

The factor 2.5(4800)i p&Qp in the denominator depresses the calculated AFUE value significantly, and unrealistically, if applied to a heater as described in the foregoing. We therefore request that the pilot factor 2.5(4600),1 iQp is deleted from the
assessment of AFUE for this product to give an AFUE figure more representative of actual operation in accordance with the Manufacturer's Instructions.
Other Models With Similar Features We, believe this product is probably the First heater to be designed to simulate a wood stove and consequently we are unable to identify other manufacturers at this moment in time. A set of Users Instructions for the product is enclosed for your consideration. In accordance with the Code of Federal Regulations, we are writing to other. manufacturers of vented heating products enclosing a copy of this request for waivers. If you require any further information, please let me know. Yours faithfully, [an Thow,
Vice President.

(FR Doc. 91-3638 Filed 2-13-91; 8:45 am]

87LLMG CODE 6450-01-M