17290 Federal Register / Vol. 61, No. 77 / Friday, April 19, 1996 / Notices

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.

Goodman filed a "Petition for

Waiver," dated July 19, 1995, in

accordance with section 430.27 of 10

CFR Part 430. The Department

published in the Federal Register on

January 30, 1996, Goodman's Petition

and solicited comments, data and

information respecting the Petition. 61

FR 3025, January 30, 1996. Goodman

also filed an "Application for Interim

Waiver" under section 430.27(b)(2),

which DOE granted on January 24, 1996.

61 FR 3025, January 30, 1996.

No comments were received

concerning either the "Petition for

Waiver" or the "Application for Interim

Waiver." The Department consulted

with The Federal Trade Commission

(FTC) concerning the Goodman Petition.

The FTC did not have any objections to

the issuance of the waiver to Goodman.

Assertions and Determinations

Goodman'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.

Goodman requests the allowance to test

using a 30-second blower time delay

when testing its GSU series central

furnaces. Goodman states that since the

30-second delay is indicative of how

these models actually operate, and since

such a delay results in an increase in

AFUE of 1.0 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. Goodman indicates that it

is unable to take advantage of any of

these exceptions for its GSU series

central furnaces.

Since the blower controls

incorporated on the Goodman furnaces

are designed to impose a 30-second

blower delay in every instance of start

up, and since the current test procedure

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 Goodman GSU series central

furnaces. Accordingly, with regard to

testing the GSU series central furnaces,

today's Decision and Order exempts

Goodman from the existing test

procedure provisions regarding blower

controls and allows testing with the 30-

second delay.

It is, therefore, ordered that:

(1) The "Petition for Waiver" filed by

Goodman Manufacturing Company

(Case No. F-084) 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, Goodman

Manufacturing Company, shall be

permitted to test its GSU series central

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 Standard

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

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, Goodman

Manufacturing Company 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 GSU

series central furnaces manufactured by

Goodman Manufacturing Company.

(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 April 4, 1996, this Waiver

supersedes the Interim Waiver granted

Goodman Manufacturing Company on

January 24, 1996. 61 FR 3025, January

30, 1996 (Case No. F-084).

Issued In Washington, DC, on April 4,

1996.

Christine A. Ervin,

Assistant Secretary, Energy Efficiency and

Renewable Energy.

[FR Doc. 96-9680 Filed 4-18-96; 8:45 am]

BILLING CODE 6450-01-P

(Case No. DH-003)

Energy Conservation Program for

Consumer Products: Decision and

Order Granting a Waiver From the

Vented Home Heating Equipment Test

Procedure to Vermont Castings, 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. DH-003)

granting a Waiver to Vermont Castings,

Inc. (Vermont Castings) from the

existing Department of Energy (DOE or

Department) test procedure for vented

home heating equipment. The

Department is granting Vermont

Castings' Petition for Waiver regarding

pilot light energy consumption for

manually controlled heaters in the

calculation of Annual Fuel Utilization

 CAS-RM-79-104 COMMENT 144
Federal Register / Vol. 61, No. 77 / Friday, April 19, 1996 / Notices

Efficiency (AFUE), and calculation

procedure for weighted average steady

state efficiency for manually controlled

heaters with various input rates for its

models DV25 and DH20 manually

controlled vented heaters.

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,

SW., Washington, DC 20585-0103,

(202) 586-9507

SUPPLEMENTARY INFORMATION: In

accordance with Title 10 CFR 430.27(j),

notice is hereby given of the issuance of

the Decision and Order as set out below.

In the Decision and Order, Vermont

Castings has been granted a Waiver for

its models DV25 and DH2O manually

controlled vented heaters, permitting

the company to use an alternate test

method in determining AFUE.

Issued in Washington, D.C., on April 4,

1996.

Christine A. Ervin,

Assistant Secretary, Energy Efficiency and

Renewable Energy

Decision and Order

In the Matter of: Vermont Castings, Inc.

(Case No. DH-003).

Background

The Energy Conservation Program for

Consumer Products (other than

automobiles) was established pursuant

to the Energy Policy and Conservation

Act, Public Law 94-163, 89 Stat. 917, 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 purchasing decisions. These

test procedures appear at Title 10 CFR

Part 430, Subpart B.

The Department amended the

prescribed test procedures by adding

Title 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.

Vermont Castings filed a "Petition for

Waiver," dated July 7, 1995, and

subsequently, a second letter, dated

October 30, 1995, which amended the

model nomenclature and minimum fuel

input rate of the vented heaters

submitted for consideration in the July

7, 1995 Waiver request, in accordance

with section 430.27 of Title 10 CFR Part

430. The Department published in the

Federal Register on December 28, 1995,

Vermont Castings' Petition and solicited

comments, data and information

respecting the Petition. 60 FR 67130,

December 28, 1995. Vermont Castings

also filed an "Application for Interim

Waiver" under section 430.27(b)(2),

which DOE granted on December 21,

1995. 60 FR 67130, December 28, 1995.

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

Vermont Castings Petition. The FTC did

not have any objections to the issuance

of the waiver to Vermont Castings.

Assertions and Determinations

Vermont Castings' Petition seeks a

waiver from the DOE test provisions

regarding (a) pilot light energy

consumption for manually controlled

heaters in the calculation of AFUE and

(b) calculation procedure for weighted

average steady state efficiency for

manually controlled heaters with

various input rates. The DOE test

provisions in section 3.5 of Title 10 CFR

Part 430, Subpart B, Appendix 0

requires measurement of energy input

rate to the pilot light (Qp) with an error

no greater than 3 percent for vented

heaters, and use of this data in section

4.2.6 for the calculation of AFUE using

the formula: AFUE = [4400r1ssTluQja-a,ax]

/[4400ilssQja-max + 2.5(4600)ria Qp].

Vermont Castings requests the

17291

allowance to delete the [2.5(4600)ria QP]

term in the denominator in the

calculation of AFUE when testing its

models DV25 and DH2O manually

controlled vented heaters. Vermont

Castings states that its models DV25 and

DH2O manually controlled vented

heaters are designed with a transient

pilot which is to be turned off by the

user when the heater is not in use. The

control knob on the combination gas

control in these heaters has three

positions: "OFF," "PILOT" and "ON".

Gas flow to the pilot is obtained by

rotating the control knob from "OFF" to

"PILOT," depressing the knob, holding

in, pressing the piezo igniter. When the

pilot heats a thermocouple element,

sufficient voltage is supplied to the

combination gas control for the pilot to

remain lit when the knob is released

and turned to the "ON" position. The

main burner can then be ignited by

moving an ON/OFF switch to the "ON"

position. Instructions to instruct users to

turn the gas control knob to the "OFF"

position when the heater is not in use,

which automatically turns off the pilot,

are provided in the User's Instruction

Manual and on a label adjacent to the

gas control knob. If the manufacturer's

instructions are observed by the user,

the pilot light will not be left on. This

will result in a lower energy

consumption, and in turn a higher

efficiency than calculated by the current

DOE test procedure. Since the current

DOE test procedure does not address

this issue, Vermont Castings asks that

the Waiver be granted.

Based on DOE's review of how

Vermont Castings' models DV25 and

DH2O manually controlled vented

heaters operate and the fact that if the

manufacturer's instructions are

followed, the pilot light will not be left

on, DOE grants Vermont Castings a

Petition for Waiver to exclude the

assumed pilot light energy input term in

the calculation of AFUE.

This decision is subject to the

condition that the heaters shall have an

easily read label near the gas control

knob instructing the user to turn the

valve to the off-position when the

heaters are not in use be maintained.

Vermont Castings also seeks a Waiver

from the DOE test provisions in section

3.1.1 of Title 10 CFR Part 430, Subpart

B, Appendix 0 that require steady state

efficiency for manually controlled

heaters with various flow rates to be

determined at a fuel input rate that is

within ±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 in the calculation of AFUE.

 CAS-RM-79-104 COMMENT 144
17292 Federal Register / Vol. 61, No. 77 / Friday, April 19, 1996 / Notices

Vermont Castings states that its

manually controlled heaters utilize a gas

control with a variable pressure

regulator control that allows the user to

select various fuel input rates by varying

the range of pressures of the heaters,

and request that it be allowed to

determine steady state efficiency and

weighted average steady state efficiency

in the calculation of AFUE at a

minimum fuel input rate of no greater

than two-thirds of the maximum fuel

input rate instead of the specified ±5

percent of 50 percent of the maximum

fuel input rate. Also, 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 steady state

efficiency and 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 have been granted by DOE to

Appalachian Stove and Fabricators, Inc.,

56 FR 51711, October 15, 1991, and

Valor Inc., 56 FR 51714, October 15,

1991.

Based on DOE having granted similar

waivers in the past to heaters utilizing

a variable pressure regulator control that

allows a user to set various fuel input

rates, DOE agrees that a waiver should

be granted to allow the determination of

steady state efficiency and weighted

average steady state efficiency used in

the calculation of AFUE at a minimum

fuel input rate of no greater than twothirds of the maximum fuel input rate

instead of the specified ±5 percent of 50

percent of the maximum fuel input rate

for Vermont Castings models DV25 and

DH2O manually controlled vented

heaters.

It is therefore, ordered that:

(1) The "Petition for Waiver" filed by

Vermont Castings, Inc. (Case No. DH003) 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 0 of Title 10

CFR Part 430, Subpart B, Vermont

Castings, Inc. shall be permitted to test

its models DV25 and DH2O manually

controlled vented heaters on the basis of

the test procedure specified in Title 10

CFR Part 430, with modifications set

forth below:

(i) Delete paragraph 3.5 of Appendix

0.

(ii) The last paragraph of 3.1.1 of

Appendix 0 is revised to read as

follows:

3.1.1 (a) For manually controlled gas

fueled vented heaters, with various

input rates determine the steady-state

efficiency at:

(1) A fuel input rate within ±5 percent

of 50 percent of the maximum fuel input

rate or,

(2) The minimum fuel input rate if the

design of the heater is such that ±5

percent of 50 percent of the maximum

fuel input rate can not be set, provided

this minimum input rate is no greater

than two-thirds of the maximum input

rate of the heater.

(b) If the heater is designed to use a

control that precludes operation at other

than maximum output (single firing

rate) determine the steady state

efficiency at the maximum input rate

only.

(iii) Delete paragraph 4.2.4 of

Appendix 0 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

(SS-WT) is:

(1) At ±5 percent of 50 percent of the

maximum 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,

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 ±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.

(iv) Delete paragraph 4.2.6 of

Appendix 0 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 = ri,,

Where:

rl^ = as defined in section 4.2.5 of this

appendix.

(v) With the exception of the

modification set forth above, Vermont

Castings, Inc. shall comply in all

respects with the test procedures

specified in Appendix 0 of Title 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 models DV25

and DH2O manually controlled vented

heaters manufactured by Vermont

Castings, 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 a factual

basis underlying the Petition is

incorrect.

(5) Effective April 4, 1996, this Waiver

supersedes the Interim Waiver granted

Vermont Castings, Inc. on December 21,

1995. 60 FR 67130, December 28, 1995.

(Case No. DH-003).

Issued in Washington, D.C., on April 4,

1996.

Christine A. Ervin,

Assistant Secretary, Energy Efficiency and

Renewable Energy.

[FR Doc. 96-9682 Filed 4-18-96; 8:45 am]

BILLING CODE 6450-01-P

[Docket No. EE-RM-6450-01-P]

Energy Conservation Program for

Consumer Products: Energy Efficiency

and Information for Office Equipment;

Notice of Determination

AGENCY: Office of Energy Efficiency and

Renewable Energy, Department of

Energy (DOE).

ACTION : Notice of preliminary

determination.

SUMMARY: The purpose of this notice is

to set forth DOE's preliminary

determination as to whether a voluntary

national testing and information

program being developed for

commercial office equipment will be

consistent with the objectives of Section

125 of the Energy Policy Act of 1992.

FOR FURTHER INFORMATION CONTACT:

Anthony T. Balducci, U.S. Department

of Energy, Office of Energy Efficiency

and Renewable Energy, Forrestal

Building, Mail Station EE-431, 1000

Independence Avenue SW.,

Washington, D.C. 20585-0121, (202)

586-8459

Edward Levy, U.S. Department of

Energy, Office of General Counsel,

Forrestal Building, Mail Station GC72, 1000 Independence Avenue SW.,

Washington, D.C. 20585-0103, (202)

586-2928

SUPPLEMENTARY INFORMATION:

1. Introduction

A. Authority

B. Background

II. General Discussion

III. Department's Determination

 CAS-RM-79-104 COMMENT 144