### 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

### 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.

### 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 minimumfuel 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 byVermont 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