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.

CAS-RM-79-104 COMMENT 109
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

burner start-up. start-up by

of the burner and the starting 1.5 minutes

1.5 m u

u

te

tes (t-).

delay

u

ythe

(1) The

blower

nless: furnace

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

CAS-RM-79-104 COMMENT 109
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, Energy Efficiency and

Renewable Energy.

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

BILLING CODE 6456- t-P

CAS-RM-79-104 COMMENT 109