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-0661 -

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.

CAS-RM-79-104 COMMENT 105
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

CAS-RM-79-104 COMMENT 105