### Fenc=ed Regist

which determined that the exception request be denied.

IFR Doc. 94-14436 Filed 6- t3-44 ; &45 amt Gk" 4 CODE 645aot-P 

### 59FR30575

. / Vol. 59 ; No. 113 1 Tuesday

, June 24

, 1994 1 ` Notices

23, the "Annual Survey of Domestic Oil and Gas Reserves .,' In considering this request
, the DOE found that the firm was not experiencing a serimts hardship

, gross ' inequity or unfair distribution of burdens as a result of the filing requirement Accordingl}i, on May 24,1994

, the DOE issued a Proposed Decision and Order determining that the exception request should be denied.
Las Energy Corporation

, Winter Park, FL LEE-0113

, Reporting Requirements Las Energy Corporation (Las Energy) filed an Application for Exception from the provision of filing Form EIA-782B, entitled "Resellers '/Retailers ' Monthly Petroleum Product Sales Report." The Exception request, if granted, would permit Las Energy to be exempted from filing Form EIA-782B. On May 26, 1994, the Department of Energy issued a Proposed Decision and Order which determined

, that. the Exception request' be-denied.

IFR Doc ." 94-14437 Filed 6-13-94 ; 8:45 am)

OL.LNG CODE 6450-01-P Notice of Issuance of Proposed Decisions and Orders by the Office of Hearings and Appeals ; Week of May 23 Through May 27, ISM
During the week of May 23 through May 27,1994, the proposed decisions and orders summarized below were, issued by the Office of Hearings and Appeals of the Department of Energy with regard to applications for exception. Under the procedural regulations. that apply to exception proceedings (10 CFR Part 205, Subpart D), any person who will be aggrieved by the issuance of a proposed decision and order in final' form may file a written notice of -objection within ten days of'service. For purposes of the procedural regulations, the date of service of notice is deemed to be the date of publication of this Notice or the date an aggrieved person receives actual notice, whichever occurs first. The procedural regulations provide that an aggrieved party who fails to file a Notice of Objection within the time period specified in the regulations will be deemed to consent to the issuance of the proposed decision and order in final form. An aggrieved party who wishes to contest a determination made in a proposed decision and order must also file a detailed statement of objections within 30 days of the date of service of the proposed decision and-order. In the statement of objections, the aggrieved party must specify each issue of fact or law that it intends to contest in any further proceeding involving the. exception matter. Copies of.the

. full text of these proposed decisions and orders are available in.the Public Reference Room of the Office of Hearings and Appeals, Room 1E-234, Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 20585, Monday through Friday, between the hours of 1 p.m. and 5 p.m., except federal holidays.
Dated : June 8, 1994. George B.13iv ' y, Directa ; Office of Hegru ► gs aiid Appeals,

Consa idated Oil & Cvas,:hac ;, Denver, N (UEE-0199

, ReJorting. Requirements 

### Consolidated Oil 8r G

ras,• Inc: filed Application for Exception #rcxn-•the Energy Information Administiati©n (EIA) requirement that=it file Form EIAOffice of Energy Efficiency and Renewable Energy
[Case No

. F-07o] Energy Conservation Program for Consumer Products: Decision and Order Granting a Waiver From the Furnace Test Procedure to Armstrong Air Conditioning Inc. 30575

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 belmv. In the Decision and Order

, Armstrong has been granted a Waiver for its GUK and GCK condensing gas furnaces, and GUJ, GCJ, and GHJ non-condensing gas furnaces

, permitting the company to use' an alternate test method in determining AFUE. - issued in Washington

, DC, on June 6, 1994 Christine A. Ervin, Assistant

. Secretary

, Energy Efficiency and Renewable Energy.
Decision and Order In the Matter of: Armstrong Air Goaditiouing Inc. iCase No. F-070) Background: The Energy Conservation Program for Consumer Products (other than automobiles ) was established pursuant to the Energy Policy and Conservation Act (EPCA1, Public Law 94-163 , 89 Stat. 917, as amended by the National Energy Conservation Policy Act (NECPA), Public Law 95-619, 92 Stat

. 3266

, t.hu 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 AGENCY : Office of Energy Efficiency and 102-486, 106 Stat. 2776, which requires Renewable Energy, Department of DOE to prescribe standardized test Energy. procedures to measure the energy ACTION: Decision and Order. consumption of certain consumer
SUMMARY:- Notice is given of the Decision and'Order ( Case No. F-070) granting a Waiver to Armstrong Air Conditioning Inc.-(Armstrong ) from the existing Department of Energy (DOE) test procedure for furnaces. The Department is granting Armstrong's Petition for Waiver regarding blower time delay in calculation of Annual Fuel Utilization Efficiency (AFUE) for its 'GUK and GCK condensing gas furnaces, and GUJ

, GCJ, and GHJ non

- condensing gas furnaces.
FOR FURTHER INFORMATION CONTACT: Cyrus H. Nasseri

, U.S. Department of Energy, Office of Energy Efficiency ; and Renewable Mail Station EE-^k31 F'orie §tal ding, 000 Independence Avenue, SW., Washington

, t)C 26585, ( 242}'l58fr9138. Eugene Margolis, Esq., U

. S. Department of Energy

. Off

ice of General Counsel, Mail Station GG-72, Forrestal . products, including furnaces . The intcrt of the

-test procedures is to provide a comparable measure of energy consumption that will assist con sumets 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 fr ni test procedure requirernents • to manufacturers that have petitionOd

. DQE'for a waiver of such ,
prescr ibed test procedures. 51 FR 42823; !14owinberX6,1986. The'waaver process allows the .. Assistant Secretary to waive temporarily test procsedures. a ;particular basic model when a petiticmer shows that the

## 59FR30575

30576

. , Federal Register / Vol. -59, No. 113 /' Tuesday, June 14, 1994 / Notices

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. The Interim Waiver provisions added by.the 1986 amendment allow the_ 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 determinati on 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. Armstrong filed a "Petition for Waiver," dated March 11, 1994, and the addendum of April 6,1994, in accordance' with section 430.27 of 10 CFR part 430: The Department published in,the Federal Register on May 3, 1994, Armstrong's petition and solicited comments

, data and information respecting the petition. 59 FR 22841. Armstrong also filed an "Application for Interim Waiver" under § 430.27(g) which DOE granted on April 20, 1994. 59 FR 22841, May 3, 1994. 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 Armstrong Petition. The FTC did not have any objections to the issuance of the waiver to Armstrong.
Assertions and Determinations Armstrong'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. Armstrong requests the allowance to test using•a 30-second blower time delay when testing its GUK and GCK condensing

. gas furnaces , and GUJ, GCJ, and GHJ non-condensing gas furnaces. Armstrong states that since the 30- second delay is indicative of how these models- actually operate. and since such a delayresults4in an imrease. in AFUE . of 1.2 percentage points for GUK and furnace and measure the flue gas GCK condensing gas furnaces ; and 0.8 temperature, using the thermocouple percentage points for GUJ, GCJ, and GHJ grid described above, at 0.5 and 2.5 non-condensing gas furnaces , the minutes after the main burner(s) comes petition should be granted. on. After the burner start-up, delay the Under specific circumstances , the blower start-up by 1.5 minutes (t-). DOE test procedure contains exceptions unless : (1) The furnace employs a single which allow testing with blower delay motor to drive the power burner and the times of less than the prescribed 1.5- indoor air circulating blower, in which minute delay. Armstrong indicates that case the burner ablower shall be e it is unable to take advantage of any of started together; and (2) the furnace and GCK

con densi ng rus ,and'GUI, designed to operate using an unvarying i ng gas s furna t

ces , and GCj, delay time that is other than 1.5 and-GHJ non-condensing gas furnaces. y -- Since the blower controls = , minutes , in which case the fan control incorporated on the Armstrong furnaces . shall be permitted to start the blower; or are designed to impose a 30-second ' . : • (3) the delay time results in the blower delay in every instance of start activation of a temperature safety derice up, and since the current provisions do which shuts off the burner, in which not specifically address this type of case the fan control shall be permitted control, DOE agrees that a waiver to start the blower. In the latter case, if should be granted to allow the 30- the fan control is adjustable, set it to second blower time delay when testing start the blower at the highest the Armstrong GUK and GCK temperature. If the fan control is condensing gas furnaces , and GUJ, GCJ. permitted to start the blower, measure and GHJ non-condensing gas furnaces. time delay, (t-), using a stopwatch. Accordingly, with regard to testing the Record the measured temperatures. GUK and GCK condensing gas furnaces, During the heat-up test for oil-fueled and GUJ, GCJ, and GHJ non-condensing furnaces , maintain the draft in the flue gas furnaces , today's Decision and Order pipe within ±0.01 inch of water column exempts Armstrong from the existing provisions regarding blower controls of the manufacturer's recommended onand allows testing with the 30-second period draft. delay.: . . (iii) With the exception of the it is, therefore, -ordered that: - modifications set forth above, (1) The "Petition for Waiver" filed by Armstrong Air Conditioning Inc. shall Armstrong Air-Conditioning Inc. (Case comply in all respects with the test No. F-070) is hereby granted as set forth procedures specified in appendix N of in paragraph (2) below, subject to the 10 CFR part 430, subpart B. provisions of paragraphs (3), (4), and (5). (3) The Waiver shall remain in effect (2) Notwithstanding any contrary from the date of issuance of this Order provisions of appendix N of 10 CFR part until DOE prescribes final test 430, subpart B, Armstrong Air Conditioning Inc., shall be permitted to procedures appropriate to the GUI: and test its GUK and GCK condensing gas GCK condensing gas furnaces, and GU), furnaces, and GUJ, GCJ, and GHJ non- . GCJ, and GHJ non-condensing gas condensing gas furnaces on the basis of furnaces manufactured by Armstrong the test procedure specified in 10 CFR Air Conditioning Inc. part 430, with modifications set forth (4) This Waiver is based upon the below: presumed validity of statements, (i) Section 3.0 of appendix N.is allegations, and documentary materials deleted and replaced with the following submitted by the petitioner. This Waiver paragraph: may be revoked or modified at any time 3.0 Test Procedure. Testing and upon a determination that the factual measurements shall be as specified in basis underlying the petition is section 9 in ANSI/ASHRAE Standard incorrect. 103-82 with the exception of sections 9.2.2, 9.3.1, and 9.3.2, and the inclusion (5) Effective June 6, 1994, this Waiver of the following additional procedures: supersedes the Interim Waiver granted (ii) Add a new paragraph 3.10 to the Armstrong Air Conditioning Inc. on appendix N as follows: April 20, 1994. 59 FR 22841, May 3. 3.10 Gas- and Oil-Fueled Central 1994 (Case No. F-070). Furnaces. The following paragraph is in , issued In Washington, DC, June 6,1944.

- T 

### 1' th t fi d ieu e requiremen specie m h section 9.3.1 of ANSI/ASHRAE Standard 103-82. After equilibrium conditions are achieved following the cool-down test and the;equired :measurements performed, turn onthe C ristine A. Ervin,
Assistant Secretary, Energy Efficiency and Renewable Energy. f FR Doc

. 94-14431 Filed 6

- 13-94 ; 8:45 am) 6U L N0 CODE seso-ol-0;