Federal Register / Vol. 59, No: ' 113' / Tuesday, June 14, 1994 / Notices

[Case No

., F-0711 . Conservation Act of 1987 (NAECA), Public Law 100-12, the National Energy Conservation Program for • Appliance Energy Conservation Consumer Products : Decision and Amendments of 1988 (NAECA 1988), Order Granting a Waiver From the Public Law 100-357, and the Energy Furnace Test Procedure 'to Rheem Policy Act of 1992 (EPAct), Public Law Manufacturing Company 102-486, 106 Stat. 2776, which requires

AGENCY : Office of Energy Efficiency and DOE to prescribe standardized test
Renewable Energy, Department of procedures to measure the energy 

### consumption of certain consumer Energy.. products, including furnaces. The intent ACTION: Decision and order. of the test procedures is to provide a

SUMMARY : Notice is given of the Decision and Order (Case No. F-071) granting a Waiver to Rheem Manufacturing Company (Rheem) from the existing Department of Energy (DOE) test procedure for furnaces. The Department is granting Rheem Petition for Waiver regarding blower time delay
in calculation of Annual Fuel .Utilization Efficiency (AFUE) for itsGDG upflow, GLH downflow, GVH horizontal, and GPH upflow/horizontal gas furnaces.

FOR FURTHER INFORMATION CONTACT: Cyrus H. Nasseri, 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, (202) 586-
9138 

### Eugene Margolis, Esq.., U.S. Department of Energy, Office of General Counsel, Mail Station GC-72, Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 20585, (202)
586-9507

SUPPLEMENTARY INFORMATION: In accordance'with 10 CFR 430.27(g), notice is hereby given of the issuance of
the Decision and Order as set out below. In the Decision and Order, Rheem has been granted a Waiver for its GDG upflow, GLH downflow, GVH horizontal, and GPH upflow/horizontal gas furnaces, permitting the company to
use an alternate test method in determining AFUE.
Issued in Washington, DC, on June 6,1994. Christine A. Ervin,

Assistant Secretary, Energy Efficiency and Renewable Energy.

In the Matter of Rheem Manufacturing' Company. (Case No. F-071)

Background 

### The Energy Conservation Program for comparable measure of energy consumption that will assist consumers in making purchasing decisions. These test procedures appear at 10 CFR part 430, subpart B. . The Department 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 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. 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 Consumer Products ( other than Waiver

. An Interim. Waiver remains in automobiles) was established pursuant effect for a period of 180 days or until ;o the Energy Policy and Conservation DOE issues its determination on the Act (EPCA), Public Law 94

- 163,89 Stat

. Petition for Waiver, whichever is 

### 317, as amended by the National Energy soonerand may be extended for an ;onservation Policy Act (NECPA), . additional 180 days; if necessary. ?ublic Law 95-619, 92 Stat, 3266, the . Rheem filed a "Petition for Waiver, .lational Appliance Energy. , dated March 23, 1994, in.accordance 

### 30577

with section 430.27 of 10 CFR part 430.' The Department published in the
Federal Register on May 3, 1994, Rheem's petition and solicited . comments, data and information respecting the petition. 59 FR 22846. Rheem also filed an "Application for Interim Waiver" under section 430.27(g) which DOE granted on April 19,1994. 59 FR 22846, May 3, 1994. 

### 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 Rheem Petition. The FTC did not have any objections to the issuance of the waiver to Rheem.

Assertions and Determinations

Rheem's Petition seeks a waiver from the DOE test provisions that require a 1.5-minute time delayabetween the ignition of the burner and the starting of the circulating air blower. Rheern requests the allowance to test using a 20-second blower time delay when testing its GOG upflow, GLH downflow, GVH horizontal, and GPH upflow/ horizontal gas furnaces. Rheem states that since the 20-second delay is ' indicative of how these models actually operate and since such a delay results in an average increase in AFUE of 2.0 percentage points, the petition should be granted. Under specific circumstances, the DOE test procedure contains exceptions which allow testing with blower delay times of less than the prescribed 1.5- minute delay. Rheem indicates that it is unable to take advantage of any of these exceptions for its GDG upflow, GLH downflow; GVH horizontal, and CPU upflow/horizontal gas furnaces. Since-the blower controls incorporated on the Rheem furnaces are designed to impose a '20-second blower delay in every instance of start up, and since the current provisions do not specifically address this type of cont: ol. DOE agrees that a waiver should be granted to allow the 20-second blower time delay when testing the Rheem GDG upflow; GLH downflow, GVH horizontal, and GPH upflow/horizontal gas furnaces. Accordingly, with regard to testing the GDG upflow, GLH downflow, GVH horizontal, and GPH upflow/horizontal- gas furnaces, today's Decision and Order exempts Rheem from the existing provisions regarding blower controls and allows testing with the 20-second delay. It is, therefore, Ordered that: (1) The."Petition for Waiver" filed by Rheem Manufacturing Company (Case NO.-F-071) is hereby granted as set forth

### 30578 Federal Register / Vol. 59, No. 113 / Tuesday, June 14, 1994'/ Notices

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, Rheem Manufacturing Company, shall be permitted to test its GDG upflow, GLH downflow, GVH horizontal, and GPH upflow/horizontal 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 ANSIIASHRAE Standard 103-52 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 Standard 103-82. After equilibrium conditions are achieved following the cool-down test and the required measurements performed, turn on the. furnace 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 water'column
of the manufacturer's recommended onperiod draft, (iii) With the exception of the modifications set forth above, Rheem Manufacturing Company shall comply in all respects with the test procedures specified in Appendix N of 10 CFR part 430, subpartB. 

### (3) The Waiver shall remain in effect from the date of issuance of this Order until DOE prescribes final test procedures appropriate to the GDG upflow. GLH downflow, GVH horizontal, and GPH upflow/horizontal gas furnaces manufactured by Rheem Manufacturing Comppany. (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 June 6,1994, this Waiver supersedes the Interim Waiver granted the Rheem Manufacturing Company on April 19. 1994. 59 FR 22846. May 3, 1994 (Case No. F-{171),
Issued. In Washington, DC, on June 6, 1994.

Christine A. Ervin, Assistant Secretary. Energy Efficiency and Renewable Energy.

(FR Doc. 94-14434 Filed 6-13-94; 8:45 amt

BIWNG CODE 645O-01-P