### 57FR10163
Federal Register / Vol. 57, No. 57 / Tuesday, March 24, 1992 / Notices

together or (2) the furnace is designed to operate using an unvarying delay time that is other than 1. 5 minutes , in which case the fan control shall be permitted to start the blower, or (3) the delay time results in the activation of a temperature safety device which shuts off the burner, in which case the fan control shall be permitted to start the blower. In the latter case, if the fan control is adjustable, set it to start the blower at the highest temperature. If the fan control is permitted to start the blower, measure time delay, ( t-), using a stopwatch. Record the measured temperatures. During the heat-up test for oil-fueled furnaces, maintain the draft in the flue pipe within ±0.01 inch of water
column of the manufacturer's recommended on-period draft. 

### (iii) With the exception of the modifications set forth above, SUMMARY : Notice is given of the Decision and Order (Case No. F-039) granting a Waiver to Ducane Company, Inc. (Ducane), from the existing Department of Energy (DOE) test procedure for furnaces. The Department is granting Ducane its Petition for Waiver regarding blower time delay in
calculation of Annual Fuel Utilization Efficiency (AFUE) for its FPBA series of gas furnaces.

FOR FURTHER INFORMATION CONTACT. Cyrus H. Nasseri, U.S. Department of Energy. Office of Conservation and Renewable Energy, Mail Station CE-43, Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 20585, (202) 5869127. 

### Eugene Margolis , Esq., U.S. Department of Energy, Office of General Counsel. Mail Station GC-41, Forrestal
Armstrong Air Conditioning, Inc. shall Building, 1000 Independence Avenue, comply in all respects with the test SW., Washington, DC 20585, (202) procedures specified in appendix N of 10 583'9507• CFR part 430, subpart B. SUPPLEMENTARY INFORMATION: In (3) The Waiver shall remain in effect accordance with 10 CFR 430.27(g), notice from the date of issuance of this Order is hereby given of the issuance of the until DOE prescribes final test Decision and Order as set out below. In procedures appropriate to the Hbt'C and the Decision and Order, Ducane has HW series of central gas furnaces been granted a Waiver for its FPBA manufactured by Armstrong Air series of gas furnaces, permitting the Conditioning, Inc. company to use an alternate test method 

### (4) This Waiver is based upon the in determining AFUE. presumed validity of statements, Issued in Washington. DC. March 13, 1992. allegations, and documentary materials I. Michael Davis, 

### submitted by the petitioner. This Waiver Assistant Secretary, Conservation and may be revoked or modified at any time Renewable Energy. upon a determination that the factual Decison and Order basis underlying the petition is incorrect. In the matter of: The Ducane Company. Inc. (5) Effective (Insert Date of Issuance), (Case No. F-039). 

### this Waiver supersedes the Interim Background C 

### Waiver granted Armstrong Air Conditioning, Inc. on November 27,1991. The Energy Conservation Program for 56 FR 63941. December 6 1991 (Case No. Consumer Products (other than F-038). automobiles) was established pursuant
Issued in Washington, DC, March 11, 1992. to the Energy Policy and Conservation J. Michael Davis, Act (SPCA), Public Law 94-163, 89 Stat. 917, as amended by the National Energy Assistant Secretary Conservation and Conservation Policy Act (NECPA), Renewable Energy. Public Law 95-619, 92 Stat. 3266, the [FR Doc. 92-5783 Filed 3-23-92; 8:45 am] National Appliance Energy 

### arwNO CODE "so-of-M Conservation Act of 1987 (NAECA),

[Case No. F-0391



### Energy Conservation Program for Consumer Products ; Decision and Order Granting a Waiver From the Furnace Test Procedure to Ducane Co.,, Inc.

AGENCY: Office of Conservation and Renewable Energy, Department of Energy.
ACTION : Decision and Order. Public Law 100-12, and the National Appliance Energy Conservation Amendments of 1988 (NAECA 1988), Public Law 100-357, which require DOE to prescribe standardized test procedures to measure the energy consumption of certain consumer products, including furnaces. 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. 

### 10163

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 its appliance test procedure waiver process to allow the Assistant Secretary for Conservation and Renewable Energy (Assistant Secretary) to grant an Interim Waiver from test procedure requirements to manufactures 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 tempdrarily 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 date. 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
remains in effect for a period of 180 days or until DOE issues its determination on the Petition for Waiver, whichever is sooner, and may be extended for an additional 180 days, if necessary. Ducane filed a "Petition for Waiver," dated October 1, 1991, in accordance with section 430.27 of 10 CFR part 430. DOE published in the Federal Register on December 10, 1991, Ducane's petition and solicited comments, data and information respecting the petition. 56
FR 64510. Ducane also filed an "Application for Interim Waiver" under section 430.27(g) which DOE granted on November 27, 1991. 56 FR 64510, December 10, 1991. 

### , No comments were received concerning either the "Petition for Waiver" or the "Interim Waiver." DOE consulted with The Federal Trade Commission (FTC) concerning the Ducane Petition. The FTC did not have

## 57FR10163

10164 Federal Register / Vol. 57, No. 57 / Tuesday, March 24, 1992 / Notices

any objections to the issuance of the waiver to Ducane.

Assertions and Determinations

Ducane's Petition seeks a waiver from the DOE test provisions that require a 1.5-minute time delay between the ignition of the burner and the starting of the circulating air blower. Ducane requests the allowance to test using a 30-second blower time relay when testing its FPBA series of gas furnaces.
Ducane states that since the 30-second delay is indicative of how these models actually operate and since such a delay results in an improvement in efficiency of approximately 1.0 percent, the petition should be granted. 

### Under specific circumstances, the DOE test procedure contain exceptions which allow testing with blower delay times of less than the prescribed 1.5- minute delay. Ducane indicates that it is unable to take advantage of any of these exceptions for its FPBA series of gas furnaces. Since the blower controls incorporated on the Ducane furnaces are designed to impose a 30-second blower delay in every instance of start up, and since the current provisions do not specifically address this type of control, DOE agrees that a waiver should be granted to allow the 30-second blower time delay when testing the Ducane FPBA series of gas furnaces. Accordingly, with regard to testing the FPBA series of gas furnaces , today's Decision and Order exempts Ducane from the existing provisions regarding blower controls and allows testing with the 30-second delay. It is, therefore, ordered that. (1) The "Petition for Wavier" filed by Ducane Company, Inc. (Case No. F-039), is hereby granted as set forth in paragraph (2) below, subject to the provisions of paragraphs (3), (4), and (5). (2) Notwithstanding and contrary provisions of Appendix N of 10 CFR part 430, subpart B, Ducane Company, Inc., shall be permitted to test its FPBA series of gas furnaces on the basis of the test procedure specified in 10 CFR part 430, with modifications set forth below: (i) Section 3.0 of Appendix N is deleted and replaced with the following paragraph: 3.0 Test Procedure. Testing and measurements shall be as specified in
section 9 in ANSI/ASHRAE 103-82 with the exception of sections 9.2.2, 9.3.1, and 9.3.2, and the inclusion of the following additional procedures: 

### (ii) Add a new paragraph 3.10 to Appendix N as follows: 3.10 Gas- and Oil-Fueled Central Furnaces. The following paragraph Is in lieu of the requirement specified in section 9.3.1 of ANSI/ASHRAE 103-82. After equilibrium conditions are achieved following the cool-down test and the required measurements performed, turn on the furnaces and measure the flue gas temperature, using the thermocouple grid described above,
at 0.5 and 2.5 minutes after the main burner(s) comes on. After the burner start-up, delay the blower start-up by 1.5 minutes (t-). unless: (1) The furnace employs a single motor to drive the power burner and the indoor air circulating blower, in which case the
burner and blower shall be started together, or (2) the furnace is designed to operate using an unvarying delay time that is other than 1.5 minutes, in which case the fan control shall be permitted to start the blower, or (3) the delay time results in the activation of a temperature safety device which shuts off the burner,
in which case the fan control shall be permitted to start the blower. In the latter case, if the fan control is adjustable, set it to start the blower at the highest temperature. If the fan control is permitted to start the blower, measure time delay, (t-), using a stopwatch. Record the measured temperatures. During the heat-up test for oil-fueled furnaces, maintain the draft in the flue pipe within -0.01 inch of the
water column of the manufacturer's recommended on-period draft. (iii) With the exception of the modifications set forth above, The Ducane Company, Inc. shall comply in all respects with the test procedures specified in Appendix N 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 FPBA series of gas furnaces manufactured by The Ducane Company, Inc- (4) This waiver is based on 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. (5) Effective March 24.1992, this Waiver supersedes the Interim Waiver granted The Ducane Company, Inc. on November 27, 1991. 56 FR 64510, December 10. 1991 (Case No. F-039).

Issued In Washington , DC, March 13,1992- 1. Michael Davis, Assistant Secretary. Conservation and Renewable Energy.

(FR Doc. 92-6784 Filed 3-23-92; 8:45 am)

SIWNO COOS 5450-4t-U (Case No. F-0M1



### Energy Conservation Program for Consumer Products; Granting of the Application for Interim Waiver and Publishing of the Petition for Waiver of Furnace Test Procedure From Goodman Manufacturing Co.

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

SUMMARY: Today's notice publishes a letter granting an Interim Waiver to Goodman Manufacturing Company (Goodman) from the existing Department of Energy (DOE) test procedure for furnaces regarding blower time delay for the company's GDPS, CUPS, GDPI. GUPI, GDPX, GUPX, GUN. and GUS series of central gas furnaces. 

### Today's notice also publishes a "Petition for Waiver" from Goodman. Goodman's Petition for Waiver requests DOE to grant relief from the DOE furnace test procedure relating to the blower time delay specification. Goodman seeks to test using a blower delay time of 30 seconds for its GDPS. GUPS, GDPI, GDPI, GDPX, GUPX, GUN, and GUS series of central gas furnaces instead of the specified 1.5-minute delaybetween burner on-time and blower ontime. DOE is soliciting comments, data, and information respecting the Petition for Waiver.

DATE : DOE will accept comments, data, and information not later than April 23,
1992.

ADDRESS : Written comments and
statements shall be sent to : Department of Energy, Office of Conservation and Renewable Energy, Case No. F-)44, Mail Stop CE-90, room 6B-025, Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 20585, (202) 586-
3012.

FOR FURTHER INFORMATION CONTACT. Cyrus H. Nasseri, U.S. Department of Energy, Office of Conservation andRenewable Energy. Mail Station CE43, Forrestal Building, 1000 Independence Avenue, SW., Washington. DC 20585, (202) 586-912,7. 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: The Energy Conservation Program for Consumer Products (other than automobiles) was established pursuant to the Energy Policy and Conservation Act (SPCA), Public Law 94--163, 89 Stat. 917, as amended by the National Energy