### 21758 Federal Register / Vol. 59, No. 80 / Tuesday, April 26, 1994 / Notices

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-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, Goodman has been granted a Waiver for its GMPV series central furnaces, permitting the company to use an alternate test method in determining AFUE.
Issued in Washington, DC, April 1, 1994.
Frank M

. Stewart, Jr., Acting Chief of Staff, Energy Efficiency and Renewable Energy. In the Matter of. Goodman Manufacturing Company. (Case No. F-066)

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),



### Office of Energy Efficiency and Renewable Energy
(Case No. F-066 1

- 

### Energy Conservation Program for Consumer Products : Decision and Order Granting a Waiver From the Furnace Test Procedure to Goodman Manufacturing Company

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-066) granting a Waiver to Goodman Manufacturing Company (Goodman) from the existing Department of Energy (DOE) test procedure for furnaces. The Department is granting Goodman's Petition for Waiver regarding blower time delay in calculation of Annual Fuel Utilization Efficiency (AFUE) for its
GMPV series central furnaces.
FOR FURTHER INFORMATION CONTACT: Cyrus. H. Nasseri, U.S. Department of Energy, Office of Energy Efficiency 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. 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 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.

### Federal Register / Vol. 59, No. 80 / Tuesday, April 26, 1994 / Notices 21759

The waiver process allows the ssistant Secretary to waive temporarily rst procedures for a particular basic iodel when a petitioner shows that the asic model contains one or more esign characteristics which prevent esting according to the prescribed test rocedures or when the prescribed test rocedures may evaluate the basic iodel in a manner so unrepresentative f its true energy consumption sts to rovide materially inaccurate amparative data. Waivers generally :main in effect until final test rocedure amendments become Ffective, resolving the problem that is ie subject of the waiver. The Interim Waiver provisions added y the 1986 amendment allow the ,ssistant Secretary to grant an Interim Vaiver when it is determined that-the pplicant will experience economic ardship if the Application for Interim Vaiver is denied, if it appears likely Zat the Petition for Waiver will be ranted, and/or the Assistant Secretary etermines that it would be desirable for ublic policy reasons to grant nmediate relief pending a
etermination on the Petition for Vaiver. An Interim Waiver remains in ffect for a period of 180 days or until IOE issues its. determination on the etition for Waiver, whichever is ooner, and may be extended for an dditional 180 days, if necessary. Goodman filed a "Petition for Vaiver," dated November 29, 1993, in ccordance with § 430.27 of 10 CFR part 30. The Department published in the ederai Register on February 23, 1994, oodman's petition and solicited omments, data and information especting the petition. 58 FR 8608: oodman also filed an "Application for nterim Waiver" under section 430.27(g) vich DOE granted on February 10, 994. 58 FR 8608, February 23, 1994. No comments were received 

### ;oncerning either the "Petition for Vaiver" or the "Interim Waiver." The )epartment consulted with The Federal rade Commission (FTC) concerning the oodman Petition. The FTC did not gave any objections to the issuance of he waiver to Goodman.

lssertions and Determinations

Goodman's Petition seeks a waiver rom the DOE test provisions that equire a 1.5-minute time delay between he ignition of the burner and the tarting of the circulating air blower. oodman requests the allowance to test ling a 30-second blower time delay vhen testing its GMPV series central urnaces. Goodman states that since the 0-second delay is indicative of how hese models actually operate and since such a delay results in an improvement in efficiency of approximately 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 GMPV 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 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 GMPV series central furnaces. Accordingly, with re gard to testing the GMPV series central furnaces, today's Decision and Order 

### exempts Goodman from the existin 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-066) 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 GMPV 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: 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 10.01 inch of water column of the manufacturer's recommended on-period draft.
(iii) With the exception of the modifications set forth above, Goodman Manufacturting 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 GMPV 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 [Insert Date of Issuance], this Waiver supersedes the Interim Waiver granted the Goodman Manufacturing Company on February 10, 1994. 58 FR 8608, February 23, 1994 (Case No. F-066). Issued In Washington, DC, April 1, 1994.
Frank M

. Stewart, Jr.. Acting Chief of Staff, EnergyEfficiencyond Renewable Energy.

(FR Doc. 94-10078 Filed 4-25-94; 8:45 am]

BIWNO CODE 6460.01-P



### (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 ANSIIASHRAE 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