### Federal Register / Vol. 59, No. 113 / Tuesday, June 14, 1994 / Notices 30579

[Case No. F-0691

Energy Conservation Program for Consumer Products : Decision and Order Granting a Waiver From the Furnace Test Procedure to DAM Industries 

### 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-069) granting a Waiver to DMO Industries (DMO) from the existing Department of Energy (DOE) test procedure for furnaces. The Department is granting DMO's Petition for Waiver regarding blower time delay in calculation of Annual Fuel Utilization Efficiency (AFUE) for its HDS series- gas furnaces.
FOR FURTHER INFORMATION CONTACT: Cyrus H. Nasseri, 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, (202) 586- 9138 Eugene Margolis, Esq., U.S. Department of Energy, Office of General Counsel.

### 30580 Federal Register / Vol. 59, No. 113 / Tuesday, June 14, 1994 1 Notices

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, DMO has . been granted a Waiver for its HDS series gas furnaces, permitting the company to use an alternate test method in determining AFUE.
Issued in Washington, DC, June 6.1994. Christine A. Ervin,
Assistant Secretary, Energy Efficiency and Renewable Energy.


### Decision and Order

In the Matter of: DMO Industries. (Case No. F-069)

Background 

### design characteristics which prevent 'which allow testing with blower delay testing according to the prescribed test times of less than the prescribed 1.5- procedures or when the prescribed test minute delay. DMO indicates that it is' procedures may evaluate the basic unable to take advantage of any of these model in a manner so unrepresentative exceptions for its HDS series gas of its true energy consumption as to furnaces. provide materially inaccurate Since the blower controls comparative data. Waivers generally incorporated on the DMO furnaces are remain in effect until final test designed to impose a 30-second blower procedure amendments become delay in every instance of start up, and effective, resolving the problem that is since the current provisions do not the subject of the waiver. specifically address this type of control. The Interim Waiver provisions added DOE agrees that a waiver should be by the 1986 amendment allow the granted to allow the 30-second blower Assistant Secretary to grant an Interim time delay when testing the HDS series Waiver when it is determined that the gas furnaces. Accordingly, with regard applicant will experience economic to testing the HDS series gas furnaces, hardship if the Application for Interim today's Decision and Order exempts Waiver is denied, if it appears likely DMO from the existing provisions that the Petition for Waiver will be regarding blower controls and allows . granted, and/or the Assistant Secretary testing with the 30-second delay. determines that it would be desirable for it is, therefore .ordered that: public policy reasons to grant (1) The "Petition for Waiver" filed by immediate relief pending a DMO Industries (Case No. F-069) is determination on the Petition for hereby granted as set forth in paragraph Waiver. An Interim Waiver remains in (2) below, subject tathe provisions of effect for a period of 180 days or until paragraphs (3), (4), and (5). DOE issues its determination on the (2) Notwithstanding any contrary Petition for Waiver, whichever is provisions of Appendix N of 10 CFR sooner, and may be extended for an Part 430, Subpart B, DMO Industries. additional 180 days, if necessary. shall be permitted to test its HDS series 

### DMO filed a "Petition for Waiver," gas furnaces on the basis of the test dated march 4, 1994, in accordance procedure specified in 10 CFR Part 430, with section 430.27 of 10 CFR Part 430. with modifications set forth below: The Department published in the (i) Section 3.0 of Appendix N is Federal Register on May 3,1994, DMO's deleted and replaced with the following petition and solicited comments, data paragraph: and information respecting the petition. 3.0 Test Procedure. Testing and 59 FR 22844. DMO also filed an measurements shall be as specified in section "Application for Interim Waiver" under 9 in ANSI/ASHRAE Standard 103-82 with section 430.27(g) which DOE granted on the exception of sections 9.2.2, 9:3.1, and April 20. 1994. 59 FR 22844, May 3, 9.3.2. and the inclusion of the following 1994. additional procedures: 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), 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. 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 

### No comments were received (ii) Add a new paragraph 3.10 to concerning either the "Petition for Appendix N as follows:

Waiver" or the "Interim Waiver." The 3.10 Gas- and Oil-Fueled Cehiral Department consulted with The Federal Furnaces. The following paragraph is in lieu Trade Commission (FTC) concerning the of the requirement specified in section 9.3.1
DMO Petition. The FTC did not have of ANSI/ASHRAE Standard 103-82. After any .objections to the issuance of the equilibrium conditions are achieved waiver to DMO. following the cool-down test and the required measurements performed, turn on Assertions and Determinations the furnace and measure the flue gas DMO's Petition seeks a waiver from temperature, using the thermocouple grid the DOE test provisions that require a described above, at 0.5 and 2 .5 minutes after
1.5-minute time delay between the the main burner( s) comes on . After the start-up by burner start-up. of the burner and the starting 1.5 m inute s 1.5 m u

ute tes (t-)

. delay

u ythe (1) The blower furnace nless: the circulating air blower. DMO requests employs a single motor to drive the power the allowance to test using a 30-second burner and the indoor air circulating blower, blower time delay when testing its HDS in which case the burner and blower shall be series gas furnaces. DMO states that started together; or (2) the furnace is designed since the 30-second delay is indicative to operate using an unvarying delay time that of how these models actually operate is other than 1.5 minutes, in which case the
and since such a delay results in an fan control shall be permitted to start the increase in AFUE of 2.0 blower; or (3) the delay time results in the percentage activation of a temperature safety device points for HDS series gas furnaces, the which shuts off the burner, in which case the petition should be granted. fan control shall be permitted to start the Under specific circumstances, the blower. In the latter case, if the fan control DOE test procedure contains exceptions is adjustable. set it to start the blower at the

### Federal Register / Vol. 59

, No. 113 / Tuesday, June 14 , 1994 / Notices 30581,

highest temperature

. If the No 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 cohunn of the manufacturer 's recommended on-period draft.
(iii) With the exception of the modifications set forth above, DMO Industries 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 HDS series gas furnaces manufactured by DMO Industries (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 this fa ctual basis underlying the petition is . incorrect. (5) Effective June 6

, 1994 , this Waiver supersedes the Interim Waiver granted the DMO Industries on April 20,1994.59 FR 22844, May 3, 1994 (Case No. F069).

Issued In Washington, DC, June 6. 1994. Christine A. Ervin, Assistant Secretary, E

nergy Efficiency and Renewable Energy.

IFR Doc. 94-14433 Filed 6-13-94 ; 8:45 am)

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