[Federal Register Volume 60, Number 249 (Thursday, December 28, 1995)]
[Notices]
[Pages 67127-67130]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-31423]



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DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy


Energy Conservation Program for Consumer Products: Granting of 
the Application for Interim Waiver and Publishing of the Petition for 
Waiver of CFM International Inc. From the DOE Vented Home Heating 
Equipment Test Procedure (Case No. DH-004)

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

ACTION: Notice.

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SUMMARY: Today's notice grants an Interim Waiver to CFM International 
Inc. (CFM) from the existing Department of Energy (DOE or Department) 
test procedure regarding pilot light energy consumption and weighted 
average steady-state efficiency for its manually controlled vented 
heaters, models DV32, DV34, DV36, DV40, DVS2, DVS3, HEDV30, HEDV30-1, 
FSDV30, FS30, FA20, HE30, HEB30, FADV20, and HE40.
    Today's notice also publishes a ``Petition for Waiver'' from CFM. 
CFM's Petition for Waiver requests DOE to grant relief from the DOE 
vented home heating equipment test procedure relating to the use of 
pilot light energy consumption in calculating the Annual Fuel 
Utilization Efficiency (AFUE) and the calculation of weighted average 
steady state efficiency of its models DV32, DV34, DV36, DV40, DVS2, 
DVS3, HEDV30, HEDV30-1, FSDV30, FS30, FA20, HE30, HEB30, FADV20, and 
HE40 vented heaters. CFM seeks to delete the required pilot light 
measurement (Q<INF>p) in the calculation of AFUE when the pilot is off, 
and to test at a minimum fuel input rate of two-thirds instead of the 
specified <plus-minus>5 percent of 50 percent of the maximum fuel input 
in the calculation of AFUE. The Department is soliciting comments, 
data, and information respecting the Petition for Waiver.

DATES: DOE will accept comments, data, and information not later than 
January 29, 1996.

ADDRESSES: Written comments and statements shall be sent to: Department 
of Energy, Office of Energy Efficiency and Renewable Energy, Case No. 
DH-004, Mail Stop EE-43, Room 1J-018, Forrestal Building, 1000 
Independence 

[[Page 67128]]
Avenue, SW., Washington, DC 20585-0121, (202) 586-7140.

FOR FURTHER INFORMATION CONTACT:

William W. Hui, U.S. Department of Energy, Office of Energy Efficiency 
and Renewable Energy, Mail Station EE-431, Forrestal Building, 1000 
Independence Avenue, SW., Washington, DC 20585-0121, (202) 586-9145
Eugene Margolis, Esq., U.S. Department of Energy, Office of General 
Counsel, Mail Station GC-72, Forrestal Building, 1000 Independence 
Avenue, S.W., Washington, D.C. 20585-0103, (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, 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 
informed purchasing decisions. These test procedures appear at Title 10 
CFR Part 430, Subpart B.
    The Department amended the test procedure rules to provide for a 
waiver process by adding Sec. 430.27 to Title 10 CFR Part 430. 45 FR 
64108, September 26, 1980. Subsequently, DOE amended the 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. Title 10 CFR Part 430, 
Sec. 430.27(a)(2).
    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.
    An Interim Waiver will be granted if 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. Title 10 CFR 
Part 430, Sec. 430.27(g). An Interim Waiver remains in effect for a 
period of 180 days, or until DOE issues a determination on the Petition 
for Waiver, whichever is sooner, and may be extended for an additional 
180 days, if necessary.
    On October 2, 1995, CFM filed an Application for Interim Waiver and 
a Petition for Waiver regarding (a) pilot light energy consumption and 
(b) weighted average steady state efficiency. On October 30, 1995, CFM 
submitted a letter to DOE providing additional product information and 
amending the list of models submitted for consideration in the October 
2, 1995 Waiver requests.
    CFM seeks an Interim Waiver from the DOE test provisions in section 
3.5 of Title 10 CFR Part 430, Subpart B, Appendix O, that require 
measurement of energy input rate of the pilot light (Q<INF>p), and the 
use of this data in section 4.2.6 for the calculation of AFUE, where:

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>u Q<INF>p)

Instead, CFM requests that it be allowed to delete Q<INF>p and 
accordingly, the (2.5(4600)<greek-ee><INF>u Q<INF>p) term in the 
calculation of AFUE. CFM states that instructions to turn off the 
transient pilot by the user when the heater is not in use are in the 
User Instruction Manual and on a label adjacent to the gas control 
valve. Therefore, the additional energy savings that result when the 
pilot is turned off (Q<INF>p=0) should be credited. Since the current 
DOE test procedure does not address pilot light energy savings, CFM 
asks that the Interim Waiver be granted.
    CFM also seeks an Interim 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 vented heaters 
with various input rates to be determined at a fuel input rate that is 
within <plus-minus> 5 percent of 50 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. Instead, CFM requests that it be allowed to determine steady 
state efficiency, weighted average steady state efficiency, and AFUE at 
a minimum fuel input rate of two-thirds of the maximum fuel input rate 
for its manually controlled vented heaters which do not adjust to an 
input rate as low as 50 percent. Since the current DOE test procedure 
does not address steady state testing for manually controlled vented 
heaters with various input rates at fuel input rates other than within 
<plus-minus>5 percent of 50 percent of the maximum fuel input rate, CFM 
asks that the waiver be granted.
    Previous Petitions for Waiver to exclude the pilot light energy 
input term in the calculation of AFUE for home heating equipment with a 
manual transient pilot control and allowance to determine weighted 
average steady state efficiency used in the calculation of AFUE at a 
minimum fuel input rate of 65.3 percent of the maximum fuel input rate 
instead of the specified <plus-minus>5 percent of 50 percent of the 
maximum fuel input rate have been granted by DOE to Appalachian Stove 
and Fabricators, Inc., 56 FR 51711, October 15, 1991, and Valor 
Incorporated, 56 FR 51714, October 15, 1991.
    The Department published a Notice of Proposed Rulemaking on August 
23, 1993, to amend the vented home heating equipment test procedure, 
which would allow the above requests. 58 FR 44583.
    Thus, it appears likely that CFM's Petition for Waiver for pilot 
light and weighted average steady state efficiency for home heating 
equipment will be granted. In those instances where the likely success 
of the Petition for Waiver has been demonstrated based upon DOE having 
granted a waiver for a similar product design, it is in the public 
interest to have similar products tested and rated for energy 
consumption on a comparable basis.
    Therefore, based on the above, DOE is granting CFM an Interim 
Waiver for its models DV32, DV34, DV36, DV40, DVS2, DVS3, HEDV30, 
HEDV30-1, FSDV30, FS30, FA20, HE30, HEB30, FADV20, and HE40 vented 
heaters. CFM shall be permitted to test its models DV32, DV34, DV36, 
DV40, DVS2, DVS3, HEDV30, HEDV30-1, FSDV30, FS30, FA20, HE30, HEB30, 
FADV20, and HE40 vented heaters on the basis of the test procedures 
specified in Title 10 CFR Part 430, Subpart B, Appendix O, with the 
modifications set forth below:
    (i) Delete paragraph 3.5 of Appendix O.
    (ii) 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 <plus-minus>5 percent of 50 percent of the maximum fuel 
input rate as measured in either section 3.1.1 to this appendix for 

[[Page 67129]]
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 <plus-minus>5 percent 
of 50 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 heater with one single firing rate, the 
weighted average steady-state efficiency is the steady-state efficiency 
measured at the single firing rate.
    (iii) 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= as defined in section 4.2.5 of this appendix.

    (iv) With the exception of the modification set forth above, CFM 
shall comply in all respects with the procedures specified in Appendix 
O of Title 10 CFR Part 430, Subpart B.
    This Interim Waiver is based upon the presumed validity of 
statements and all allegations submitted by the company. This Interim 
Waiver may be removed or modified at any time upon a determination that 
the factual basis underlying the Application is incorrect.
    The Interim Waiver shall remain in effect for a period of 180 days 
or until DOE acts on the Petition for Waiver, whichever is sooner, and 
may be extended for an additional 180-day period, if necessary.
    CFM's Petition for Waiver requests DOE to grant relief from the DOE 
vented home heating equipment relating to the pilot light and weighted 
average steady state efficiency. CFM seeks (a) to exclude the pilot 
light energy consumption in the calculation of AFUE, and (b) to 
determine the weighted average steady state efficiency used in the 
calculation of AFUE at a minimum fuel input rate of two-thirds of the 
maximum fuel input rate instead of the specified <plus-minus>5 percent 
of 50 percent of the maximum fuel input rate. Pursuant to paragraph (b) 
of Title 10 CFR Part 430.27, the Department is hereby publishing the 
``Petition for Waiver.'' CFM's submission of October 2, 1995 published, 
infra, (a) references a letter, dated July 7, 1995, from Vermont 
Castings, Inc. that constitutes a Petition for Waiver and Application 
for Interim Waiver and (b) attaches three brochures describing the 
company's products. Said letter and brochures are not published herein 
but may be requested from Mr. William W. Hui at the address indicated, 
supra. Further, CFM's letter of October 30, 1995 published, infra, 
references a three page excerpt from a SIT brochure. The excerpt is not 
published but may be requested from Mr. Hui.
    The Petition contains confidential company information; thus, the 
confidential attachments submitted by CFM are not being published. The 
Department solicits comments, data, and information respecting the 
Petition.

    Issued in Washington, D.C. December 21, 1995.
Christine A. Ervin,
Assistant Secretary, Energy Efficiency and Renewable Energy.

CFM International Inc.

475 Admiral Blvd., Mississauga, Ont. L5T 2N1, Canada, Tel: (905) 670-
7777 Ext. 213, Fax: (905) 670-7840

October 2, 1995.
The Honorable Christine Ervin,
Assistant Secretary for Energy Efficiency and Renewable Energy, U.S. 
Dept. of Energy, Forrestal Bldg., 1000 Independence Avenue, S.W., 
Washington, D.C. 20585

Attn: Secretary Christine Ervin

    Dear Madam: Attached with this letter is a copy of a petition 
for a waiver and Application for Interim Waiver submitted by Vermont 
Castings on July 7, 1995.
    Since CFM Inc. has similar applications and arguments as 
mentioned in the attached Vermont Casting petition--therefore we are 
also requesting the acceptance of those two waivers from the test 
procedures which appear on 10 CFR, part 430, subpart B, Appendix O; 
Uniform Test Method for Measuring the Energy Consumption of Vented 
Home Heating Equipment. The aforementioned waivers are requested for 
our direct vent and vented units.
    Also, the revisions to the test procedures which we requested 
above have been published by DOE as proposed changes on August 23, 
1993--58 FR 44538.
    Furthermore, since similar waivers were granted in the past to 
other manufacturers; i.e. Appalachian Stove and Fabricators Inc. and 
Valor Incorporated--therefore we are convinced that the same waivers 
will be granted to CFM Inc.
    Copies of confidential test data confirming the energy savings 
will be forwarded to you upon request.
    Any questions regarding this subject, please contact me at the 
above address. Your help is highly appreciated. Thank you.

        Yours Truly,
Ferdinand M. Francisco,
Lab. Manager.

CFM International Inc.

475 Admiral Blvd., Mississauga, Ont. L5T2N1, Tel: (905) 670-7777 Ext. 
213, Fax: (905) 670-7840

October 30, 1995.
U.S. Dept. of Energy,
Office of Energy Efficiency and Renewable Energy, Mail Station EE-
431, Forrestal Bldg., 1000 Independence Avenue, SW., Washington, DC 
20585

Attn: Bill Hui

    Dear Sir. Further to our conversation last Friday. I tested one 
of our manually controlled appliance with various input rates to 
established a linear correlation between its rate and AFUE.
    Based on the AFUE I calculated using Draft Factor Method, DF=1, 
which appear at 10CFR, part 430, subpart B, Appendix O--Uniform Test 
Method for Measuring the Energy Consumption Of Vented Home Heating 
Equipment. I can therefore conclude that increase in rate is 
directly proportional to the increase in AFUE.
    Also, attached are 3 page excerpts from SIT brochure that will 
answer your question regarding the necessary steps needed to reduced 
the input from 70% to \2/3\ of maximum input--for testing purposes 
only.
    Page I illustrates a working diagram of the valve, Page 2 show 
the valve description and finally page 3 explains how to adjust the 
outlet pressure. Furthermore, outlet pressure of valves equipped 
with manual Hi/Lo control (SIT mv 0.820.633 and 0.820.634) can be 
adjusted by removing the Hi/Lo knob, see page 2 under valve 
description--item #2, then turn the pressure regulator clockwise to 
increase pressure and counterclockwise to decrease pressure.
    To reduce the input from 70% to \2/3\ of maximum input just turn 
the regulator counterclockwise thus decreasing the outlet pressure.
    Moreover, the petition I submitted for the acceptance of two 
waivers from the test procedures which appear at 10CFR, part 430, 
subpart B, Appendix O--Uniform Test Method for Measuring the Energy 
Consumption Of Vented Home Heating Equipment are requested for CFM 
International Inc.
    CFM International Inc. is a parent company of CFM Inc. (Insta 
Flame & Northern Flame), Majestic and TrueHeat. Therefore, the 
waivers mentioned above is intended to all CFM International Inc. 
subsidiaries' existing as well as future submitted and certified 
products.
    Below is a list of CFM Inc's existing as well as future 
submitted and certified products both Insta Flame & Northern Flame.

                                  Model                                 
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              Certified units                    Under certification    
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DV32                                        FADV20                      
DV34                                        HE40                        

[[Page 67130]]
                                                                        
DV36                                        ............................
DV40                                        ............................
DVS2                                        ............................
DVS3                                        ............................
HEDV30 and HEDV30-1                         ............................
FSDV30                                      ............................
FS30                                        ............................
FA20                                        ............................
HE30                                        ............................
HEB30                                       ............................
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    Any questions regarding this subject, please contact me at the 
above address. Your help is highly appreciated. Thank you.

        Yours Truly,
Ferdinand M. Francisco,
Lab. Manager.
[FR Doc. 95-31423 Filed 12-27-95; 8:45 am]
BILLING CODE 6450-01-P