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 Gras,• 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. Office 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 consumets

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 ,

prescribed 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

CAS-RM-79-104 COMMENT 110
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

condensing rus ,and'GUI, designed to operate using an unvarying

i

ng ga

s

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. 1' th t fi d -T 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;

CAS-RM-79-104 COMMENT 110