### 163134 58FR68134
Federal Register I Vol. 58, No . 245 / Tliursday,< December 23, 1993 /, Notices

Carrier Petition. The FTC did not have 103--82 with the exception of sections September 17, FR 50910, any objections to the issuarCe of the 9.2.2, 9

. 3.1; and 9:3.2; and . the inclusion September 29,!t993 (Case No. F-062). waiver to Carrier. of the following additional procedures . (itd Add & new aragraph 3.10 to Issued in LVashfngtoYS , W, December 15, Assertions and Deterrminati o 1993. 4g Carrier's Petition seeks a waiver from 3.10 Gas- and.0i1 Fueled Central Christine A' > 

### the DOE test provisions that require a' Furnaces. The following paragraph is in ' Assistant secretary.. Energy Efficiency and 1.5-minute time delay between the lieu of the requirement specified in Renewable Energy. ignition of the burner and the starting of section 9.3.1 of ANSIJASHRAE (FR Doc. 93-31372 Filed 12-22A1,&.45 amt the circulating air blower, Carrier Standard 103-82. Afterequilllbrium - e w.sae coat ease-CY-P requests the allowance to test using ,a conditions are achieved following the 60-second blower time delay when cool-down test and the required' testing its 58MXA/35OMAV, 58MCA/ measurements performed, turn on the -

nwnilAl r ..-- 1fnnA ft Y ,-._-.. l :.-..i........1 r`F draft 11Fitaces Carrier states that since _ tempera ture, using the e Er uv gas he thermocouple the 60-second delay is indicative of how grid described above, at 0.5 and 2.5 these models actually operate and since minutes after the main burner(s) comes such a May results in an improve€ nent on. After the burner start-up, delay the in efficiency of approximately=1.1) blower start-up by 1.5 minutes (t - ), percent; the petition should be granted. unless: (1) the furnace employs a single Under specific circumstances, the motor to chive the,power burner and the DOE test procedure contains exceptions indoor air circulating blower, in which . which allow testing with blower delay case the burner and blower shall be times of less than the prescribed 1.5- - started together, or (2) tihe furnace is minute delay. Carrier indicates that R is, designed to operate using an unvarying unable to take advantage of any of these delay time that is other than 1.5 exceptions for its 58MXA/35OMAV. . :,minutes, in which case

-601M C antrell 58MCA/34OMAV, and 490AAV-Iiries of shall be permitted to start the blower; or I d f d d f urnaces

. n uce ra t 

### d 1 It ' h h

t h blo Si l

wer contro nce t e s activation of a temperature safet y device incorporated on the Carrier furnaces are which shuts off the burner

, in wWch designed to impose a 60-second blower case the fan control shall be permitted delay in every instance of start up, and to start the blower

. In the latter case, if si nce the current provisions do not the fan control is adjustable

, set it to specifically address this type of control

, start the blower at the highest DOE agrees that a waiver should be temperature. If the fan control is granted to allow the 60-second blower permitted to start the blower

, measure time"delay when testing the Carrier 35 time delay, (t-), using a stopwatch.

5 i

, I Record the measured temperatures. d 490 l f I d fr ft

d d 490AAi f i d d d ft an ne n uce

nes o uce an n ra During the heat

-up test for oil-fueled furnaces. Accordingly, with regard to furnaces, maintain the draft in the flue testing the 49O

SSMXA/350MAV

, 58MCA/ pipe within' ± 0.01 inch of water column 340MAV

, and

nd 490AAV lines of induced of the manufacturer
' s recommended on- draft furnaces, today s Decision and period draft. Order exempts Carrier from the existing P (iii) With the exception of the provisions regarding blower controls modifications set forth above, Carrier and allows testing with the 60

- second Corporation shall comply in all respects de ir. t )s with the test procedures specified in ( 1) , The " therefore, ordered

for Waiver" r fled by a N of 10 CFR part 430, subpart ( P Carrier Corporation (Case No. F-062) is hereby granted as set forth in paragraph (3) The Waiver shall remain in effect (2) below, subject to the provisions of from the date of issuance of this Order paragraphs (3). (4), and (5).- until DOE prescribes final test .(2) Notwithstanding any contrary procedures appropriate to the S8M'XA/ provisions of appendix N of 10 CFR part 350MAV, 58MCA/340MAV, and 430, subpart B, Carrier Corporation , 490AAV lines of induced draft furnaces shall be permitted to test its 58MXA/ manufactured by Carrier Corporation. 350MAV, 58MCA/340MAV. and (4) This Waiver is based upon the 490AAV lines of induced draft furnaces ` presumed validity of statements, on the basis of the test procedure allegations , and documentary materials specified In 10 CFR part 430, with submitted by the petitioner. This Waiver modifications s

etforth below- , may be revoked or modified at any time .fi) Section 3.0 of appendix N is upon a determination that the factual deleted and replaced with the following basis underlying the petition is .paragraph: Incorrect. . 3.A Test Procedure. Testing and (5 ) Effective December 23, .2993, this measurements shall be as specified in Waiver supersedes the Interim Waiver Mien 9 in ANSI/

ASkgtM S undaird, granted the Carrier Corporation an . u jmiau rr as nnuswa:

ime resu sin t e 

### e t 

### (3) ay e Energy Cdnservatton Program for Consumer Products : Decision and Order Granting a Waiver From the Furnace Test Procedure to The Ducane Co. Inc.

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

ACTION : Decision and order.

SUMMARY :-Notice is given of the 'Decision and. Order (Case No. F-C59) granting a Waiver to The Ducane Company Inc. (Ducane) from the existing Department of Energy (DOE) -test procedure for furnaces. The Department is granting Ducane Petition for Waiver regarding blower time delay in calculation of Annual Fuel Utilization Efficiency (AFUE) for its UHC, ULB, and UH series of oil 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- 7140. 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: 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

, Ducane has been granted a Waiver for its UHC, ULB, and Uri series of oil furnaces, permitting the company to use an alternate test .-method in determining AFUE.

### 58FR68134 Federal Register / Yd. 58, No. 246 / Thursday, December 23, 1993 / Notices

Issued in Washingtr

, DC, Deoamber 17, 1993. Christine A. Bevis,
Assistant Secretory ; Energy Effkiency end Renewable Energy

DECISION AND ORDER Background The Energy Conservation Program far Consumer Products (other th an automobiles) was established pursuant to the Energy Policy and Conservation Act (SPCA ), Public Law 94-183,89 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. the National Appliance Energy Conservation Amendments of 1988 ( NAECA 1988), Public Law 100

- 357, and the Energy Policy Act of 1992 (EPAct), Public Law' 102-486

, 106 Stat

. 27Th, which requires 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, subpartB. The Department of Energy 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 L:terim 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 preventtesting according to the prescribed testprocedures 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 

### 68135

Waiver when it is determined that the UHC, ULB, and UH series of oit applicant will experience economic furnaces . Accordingly, with regard to hardship if the Apption ,for Interim testing the UlC , ULB. and UI3 series of Waiver isdaied

, lilt appears likely oil furnaces, today's Deczsiim and Order that the Petition kw Waiver will bs exempts Duo a from the existing granted

, and/er the Assistant Secretary provisions regarding blower controls determines that it would be desirable for and allows testing with the 30-secamd. public policy reasons to grant d elay. immediate relief pending a It is , therefore

, ordered that: (1) The determination on the Petition for "Petition for Waiver" by The Waiver. An Interim Waiver remains is . Ducane Company Inc. (Case No

. F-059) effect for a period of 180 days or until is hereby granted as set fua&ia DUE issues its determination on the paragraph (2) below

, subject to the Petition for Waiver, whichever is provisions of par agrap hs (3), (4), and (5).
sooner, and may be extended for an (2) Notwithstanding any contrary additional 180 days . if necessary

, provisions of appendix N of 10 CFR part Ducane filed a' Petition for Waiver ," 430, subpart B, The Ducane Company dated July 8, 1993

, in accordance with Inc., shall be permitted to test its UHC, § 430.27 of 10 CFR pert 430 . The ULB, and UH series of oil furnaces on Department of Energy published in the the basis of the test procedure specified Federal Register on September 1.1993 , In 10 CFR part 430, with modifications Ducane's petition lad so licited set fart below: comments

, data and information (i) Section 3.0 of appendix N is respecting the petition

. 58 FR 46179 , dehjted and replaced with the following Ducane also filed an "Application for paragraph: Interim Waiver" under section 430.27 (g) 3.0 Ted 1?rrcedma Testing e which DOE granted on August 25, 1993

. measurements shall be as specified in section 58 FR. 46170

, September 1, 1993. 9 is ANSI /ASHRAE Standard 103-82 with No comments were received the exception of sections 9.2.2, 9 .3.1, and concerning either the "Petition facer 9.3.2, and the inclusion of the following Waiver" or the " Interim Waiver ." The additional procedures: Department consulted with The Federal (ii) Add a new paragraph 3.10 to Trade Commission (FTC) concerning the appendix N as. follows: - Ducane Petition . The FTC did not have 3.10 Gas- and Oil Fueled Central an objections to the iss f th y uance o e ll f h owing paragrap o is In lieu waiver to Ducane. Furnaces . The of the requirement specified in section 9.3.1 Assertions and Determinations of ANSI/ASHRAE Standard 103-82. After equilibrium are achieved Ducane 's Petition seeks a waiver from fol lowing the ocool-down test and the the DOE test provisions that require a required measurements performed, turn on 1.5-minute time delay between the the furnaces and measure the flue gas ignition of the burner aid the starting of temperature, using the thermocouple grid the circulating air blower

. Ducane described above

, at e5 and 2.5 minutes after requests the allowance to test using a the main burner(s) comes on. After the 30-second blower time delay when burner start

-up, delay the blower start-up by testing its UHC

. ULB, and till series of 1.5 minutes (t-), unless : ( 1) The furnace
oil furnaces

. Duane states that since the employs a single motor to drive the power 30-second delay is indicative of how burner and the indoor air circulating blower, these models actually since s which case the burner and plower shall

By operate and started together

, or (Z) the furnace is designed such a delay results is as improvement to operate using an unvarying delay time that in efficiency of approximately 0.7 to 0.9 is other than 1.5 minutes

, in which case the percent
, the petition should be granted : fan control shall be permitted to start the Under specific crrumetances

, the blower

, or (3) the delay time results iu the DOE test procedure contains exceptions activation of a temperature safety device which allow testing with blower delay which shuts off the burner, in which case the
times

. of less than tine prescribed 1.5 fan control shall be permitted.to starttbs minute delay

. Duca#le indicates that it is blower . In the latter case, if the fan- control adj unable to take advantage of any of these

, hustable, set it If art the the fns watrn blower I the. highest temp erature

. R' l Is exceptions for its UHC, ULB, and UH permitted to start the blower, measure time series of oil furnaces

.. delay, (1-), using a stopwatch

. Recoad she Since the blower controls measured temperatures

. During the heat sp incorporated on the Du cane furnaces are test for oil-fueled furnaces, maintain the dreg designed to impose a 30-second blower In the flue pipe within ±0.01 inch of water 'delay in every instance of start up, and column of the manufacturer 's recommended since the current provisions do not on-period draf1 specifically a4dress this type of control,. (iii) With the exception of the DOE agrees that a waiver should be. modifications set forth above, The granted to allow the 30-second blower Ducane Company Inc. shall comply in time'delay when testing he Ducane all respects with the test procedures

### 58FR68134

68136 Federal Register / Vol. 58, No. 245 / Thursday, December 23, 1993 / Notices

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 UHC, ULB, and UH series of oil furnaces manufactured by The Ducane Company Inc. (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 December 17, 1993, this Waiver supersedes the Interim Waiver granted the The Ducarte Company Inc. on August 25, 1993 . 58 FR 46170, . September 1. 1993 (Case No. F-059).
Issued in Washington, DC, December 17, 1993. a+' Christine A. Ervin, Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. 93-31379 Filed 12-22-93 ; 8:45 am]
SILUNG CODE 64W-ot-P

(Cas. No. F-0581 Energy Conservation Program for Consumer Products : Decision and Order Granting a Waiver From the Furnace Test Procedure to Lennox Industries Inc. AGENCY: Office of Energy Efficiency and Renewable Energy, Department of Energy.
ACTION: Decision and order.
SUMMARY : Notice is given of the Decision and Order (Case No. F-058) granting a Waiver to Lennox Industries Inc. (Lennox) from the existing Department of Energy (DOE) test procedure for furnaces. The Department is granting Lennox its Petition for Waiver regarding blower time delay in calculation of Annual Fuel Utilization Efficiency (AFUE) for its G23 and G26 series of furnaces.

FOR FURTHER INFORMATION CONTACT:
Cyrus H: Nasser!, 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- 7140 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: 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, Lennox has been granted a Waiver for Its G23 and G26 series of furnaces

, permitting the 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 company to use an alternate test method - by the 1986 amendment allow the in determining AFUE. - Issued in Washington

, DC, December 17, 1993. 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. Lennox filed a "Petition for Waiver," dated June 16, 1993, in accordance with § 430.27 of 10 CFR part 430. The Department of Energy published in the Federal Register on September 1, 1993, Lennox' s petition and solicited
comments , data and information respecting the petition. 58 FR 46172. Lennox also filed an "Application for Interim Waiver" under § 430.27(g) which DOE granted on August 25, 1993. 58 FR 46172, September 1, 1993. No comments were received concerning either the "Petition for Waiver" or the "Interim Waiver." The Department of Energy consulted with The Federal Trade Commission (FTC) concerning the Lennox Petition. The FTC did not have any objections to the issuance of the waiver to Lennox.
Assertions and Determinations Christine A. Ervin, . Assistant Secretary, Energy Efficiency and Renewable Energy.

DECISION AND ORDER
Background 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, and the Energy Policy Act of 1992 (EPAct), Public Law 102--486,106 Stat. 2776, which requires 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. - The Department of Energy 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 Lennox'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 . Lennox requests the allowance to test using a 45-second blower time delay when testing its G23 and G26 series of furnaces . Lennox states that since the 45-second delay is indicative of how these models actually operate and since such a delay results in an improvement in efficiency of approximately 0.7 percent, 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. Lennox indicates that it is unable to take advantage of any of these exceptions for its G23 and G26 series of furnaces.