## 56FR6018

6018 Federal Register / VoL 56, No. 31 / Thursday, February 14, 1991 / Notices

in determining the Annual Fuel Utilization Efficiency (AFUE).
Issued in Washington, DC, February B, 1991. 1. Michael Davis, Assistant Secretary, Conservation and Renewable Ene gy.


### Decision and Order Background The Energy Conservation Program for Consumer Products (other than automobiles) 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. 3268, the National Appliance Energy [Case No. F-0221 Conservation Act of 1987 (NAECAJ, Public Law 100-12, and the National Energy Conservation Program for Appliance Energy Conservation Consumer Products; Decision and Amendments of 1988 (NAECA 1988), Order Granting Waiver From Furnace Public Law 100-357, requires DOE to Test Procedures to Carrier prescribe standardized test procedures Corporation to measure the energy consumption of
AGENCY : Office of Conservation and certain consumer products, including Renewable Energy, Department of furnaces. The intent of the test 

### procedures is to provide a comparable fie'' ` measure of energy consumption that will ACTION: Decision and order. assist consumers in making purchasing SUMMARY : Notice is given of the decisions. These test procedures appear Decision and Order (Case No. F-022) at 10 CFR part 430, subpart B. granting Carrier Corporation (Carrier) a DOE amended the prescribed test waiver for its 58SSC/395C, 58PAV/383K. procedures by adding 10 CFR 430.27 to 58DHC/376C, 5BRAV/373L induced create a waiver process. 45 FR 64108. draft gas furnaces and 58SXA/398A, September 26, 1980. Thereafter, DOE 58DX/399A induced draft condensing further amended its appliance test 

### gas furnaces from existing Department procedure waiver process to allow the of Energy (DOE) test procedures Assistant Secretary for Conservation regarding blower time delay for and Renewable Energy (Assistant determining the model's energy Secretary) to grant an interim waiver efficiency. from test procedure requirements to
FOR FURTHER INFORMATION CONTACT: manufacturers that have petitioned DOE Cyrus H. Nasser!, U.S. Department of for a waiver of such prescribed test Energy, Office of Conservation and procedures. 51 FR 42823, November 28, Renewable Energy, Mail Station CE- 1986. 43, Forrestal Building, 1000 The waiver process allows the Independence Avenue, SW, Assistant Secretary to waive Washington. DC 20585 (202) 588-9127, temporarily test procedures for a 

### Eugene Margolis, Esq., U.S. Department particular basic model when a petitioner of Energy, Office of General Counsel, shows that the basic model contains one Mail Station GC-41, Forrestal or more design characteristics which Building. 1000 Independence Avenue, prevent testing according to the SW., Washington, DC 20585 (202) 588- prescribed test procedures or when the 9507. prescribed test procedures may evaluate SUPPLEMENTARY INFORMATION : In the basic model in a manner so accordance with 10 CFR 430.27(g), notice unrepresentative of its true energy 

### is hereby given of the issuance of the consumption as to provide materially Decision and Order as set out below. In inaccurate comparative data. Waivers the Decision and Order, Carrier has generally remain in effect until final test been granted a waiver for its 58SSC/ procedure amendments become 395C, 58PAV/383K, 58DHC/376C, effective, resolving the problem that is 58RAV/373L induced draft furnaces and the subject of the waiver. 58SXA/398A, 58DX/399A induced draft The interim waiver provisions, added condensing furnaces, permitting the by the 1986 amendment. allow the company to use an alternate test method Assistant Secretary to grant an interim

## 56FR6018

Federal Register / VoL 58, No. 31 / Thursday, February 14, 1991 / Notices

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. Carrier filed a "

Petition for Waiver" dated January 29, 1990

, in accordance with § 430.27 of 10 CFR part 430. DOE published in the Federal Register on April 9, 19M Carrier's petition and solicited comments

, data and information respecting the petition. 55 FR 13182

. Carrier also filed an "Application for Interim Waiver" under § 430.27(g) which DOE granted on March 29

, 1990

. 55 FR 13182

, April 9, 1990. 

### No comments were received concerning either the "Petition for Waiver" or the "Interim Waiver." DOE consulted with the Federal Trade Commission (FTC) concerning the Carrier petition . The FTC did not have any objections to the Issuance of a waiver to Carrier.

Assertions and Determinations

Carrier's Petition seeks a waiver from the DOE test provisions that require a 1.5-minutes time delay between the ignition of the burner and the starting of the circulating air blower. Carrier requests the allowance to test using a 66-seconds blower time delay when testing its 58SSC/395C

, 58PAV1383K, 58DHC/376C, 58 RAV/373L induced draft furnaces and 60

- seconds when testing its 58SXA/ 398A

, 58DX/399A induced draft condensing furnaces. Carrier states that since the 66-seconds and 60-seconds delay, respectively, are indicative of how these models actually' operate and since such a delay results in an improvement in efficiency of approximately 0.4 and 0

. 7 percent, respectively

, the waiver should be granted. Under specific circumstances, the DOE test procedures contain exceptions which allow testing with blower delay times of less than the prescribed 1.5- minutes delay

. Carrier indicates that it is unable to take advantage of any of these exceptions for the 58SSC/395C, 58PAV/383K, 58DHC/376C, 58 RAV/ 373L induced draft furnaces and 58SXA/ 39aA

, 58DX/399A induced draft condensing furnaces. Since the blower controls incorporated on the Carrier furnaces are designed to impose a 66-seconds and 60- seconds blower delay, respectively, 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 86 and 60-seconds blower time delay, respectively, when testing the Carrier 58SSC /395C, 58PAV/383K, 58DHC/376C, 58 RAV/373L induced draft furnaces and 58SXA/398A, 58DX/ 399A induced draft condensing furnaces. Accordingly, with regard to testing the above series furnaces only, today's Decision and Order exempts Carrier from the existing provisions regarding blower controls and allows testing with the 66 and 60-seconds delay, respectively. 

### It is therefore, ordered that. (1) The "Petition for Waiver" filed bythe Carrier Corporation (Case No. F022) 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 N of 10 CFR part 430, subpart B, the Carrier Corporation shall be permitted to test its 58SSC/ 395C, 58PAV/383K, 58DHC/376C, 58 RAV/373L induced draft furnaces and 58SXA/398A, 58DX/399A induced draft condensing furnaces on the basis of the test procedure specified in 10 CFR part 430, with modifications set forth below: 

### (i) Section 3.0 in 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 92.4 9

.3.1, and 9.32, and the inclusion of the following additional procedures: 

### (ii) Add a new paragraph 3.10 in 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 in 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 

### 6019

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 stop watch. Record the measured temperatures. During the heat-up test for oil-fueled furnaces, maintain the draft in the flue pipe within 4-0.01 in. of water gauge of the manufacturer's recommended on-period draft. 

### (iii) With the exception of the modifications set forth above. Carrier Corporation 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 58SSC/ 395C, 58PAV/383K, 58DHC/3760, 58 RAV/373L induced draft furnaces and 58SXA/398A, 58DX/399A induced draft condensing furnaces manufactured by Carrier Corporation. 

### (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 the factual basis underlying the petition is incorrect. (5) Effective February 8,1991, this Waiver supersedes the interim Waiver granted Carrier Corporation on March 29, 55 FR 13182, April 9, 1990. (Case No. F-022).

Issued In Washington. DC, February 6, 1991. J. Michael Davis, Assistant Secretary, Conservation and Renewable Energy.

[FR Doc. 91-3635 Filed 2-13--91 ; 8:45 am]

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