### ' 63940 Federal Register / Vol. 56, No. 235 / Friday, December 6, 1991 / Notices

written comments must meet the requirements that are specified by the regulation in 10 CFR part 590. Protests, motions to intervene, notices of intervention, request for additional procedures, and written comments
should be filed with the Office of Fuels Programs at. the address listed above.

It is intended that a decisional record on the application will be developed through responses to this notice by parties, including the parties' written comments and replies thereto. Additional procedures will be used as necessary to achieve a complete understanding of the facts and issues. A party seeking intervention may request that additional procedures, be provided, such as additional written comments, anoral presentation, a conference, or trialtype hearing. Any request to file
additional written comments should explain why they are necessary. Any request for an oral presentation should identify the substantial question of fact, law, or policy at issue , show that it is material and relevant to a decision in the proceeding, and demonstrate why an oral presentation is needed. Any request for a conference should demonstrate why the conference should materially advance the proceeding. Any request for a trial-type hearing must show that there are factual issues genuinely in dispute
that are relevant and material to a decision and that a trial-type hearing is necessary for a full and true disclosure of the facts.

If an additional procedure is scheduled, notice will be provided to all parties. If no party requests additional procedures, a final Opinion and Order may be issued based on the official record, including the application and responses filed by parties pursuant to this notice, in accordance with 10 CFR
590.316.

A copy of Poco's application is available for inspection and copying in the Office of Fuels Programs Docket Room, Room 3F-056 at the above address. The docket room is open
between the hours of 8 a.m. and 4:30 p.m., Monday through Friday, except Federal holidays.



### Issued in Washington, DC, on November 27,1991.

Clifford P. Tomaszewski,
Acting DeputyAssistant Secretary for Fuels Programs, Office of Fossil Energy.

[FR Doc. 91-29283 Filed 12-5-91: 8:45 amt

1ILUNG CODE 6450-01-0.0 

### Office of Conservation and Renewable Energy

(Case No

. F-0321



### Energy Conservation Program for Consumer Products ; Decision and Order Granting a Waiver From the Furnace Test Procedures to Amana Refrigeration, Inc.

AGENCY: Office of Conservation and Renewable Energy, Department of Energy. ACTION: Decision and order.

SUMMARY: Notice is given of the Decision and Order (Case No. F-032) granting a Waiver to Amana Refrigeration, Inc. (Amana) from the existing Department of Energy (DOE) test procedures for furnaces. The Department is granting the company its Petitions for Waiver regarding blower time delay in calculation of Annual Fuel Utilization Efficiency (AFUE) for its GUX and GCC models of condensing gas furnaces.

FOR FURTHER INFORMATION CONTACT: Cyrus H. Nasseri, U.S. Department of Energy, Office of Conservation andRenewable Energy, Mail Station CE43, Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 20585, (202) 586-9127, Eugene Margolis, Esq., U.S. Department of Energy, Office of General Counsel, Mail Station GC-41, 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, Amana has been granted a Waiver for its GUX and GCC models of condensing gas furnaces, permitting the company to use an alternate test method in determining the Annual Fuel utilization Efficiency (AFUE).

Issued in Washington, DC, November 27, 1991. I. Michael Davis, Assistant Secretary. Conservation and Renewable Energy.



### Decision and Order

In the matter of: Amana Refrigeration, Inc. (Case No. F-032).
Background
The Energy Conservation Program for Consumer Products (other than automobiles) established pursuant to the Energy Policy and Conservation Act (SPCA), 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, and the National Appliance Energy Conservation Amendments of 1988 (NAECA 1988), Public Law 100-357, 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. DOE 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 Conservation 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 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 representative 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 theapplicant will experience economichardship if the Application for Interim Waiver is denied, if it appears likely that 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 determination 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. Amana filed "Petitions for Waiver," dated December 12 and December13,

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### Federal Register / Vol. 56, No. 235 / Friday, December 6, 1991 / Notices

1990, in accordance with § 430.27 of 10 CFR part 430. DOE published in the Federal Register on July 1. 1991, Amana's Petitions and solicited comments, data and information respecting the petitions. 56 FR 29957.
Amana also filed "Applications for Interim Waiver"under § 430,27(g), which DOE granted on June 24, 1991. 56 FR 29957, July 1. 1991. No comments were received concerning either the "Petitions for Waiver" or the "Interim Waivers." DOE consulted with the Federal Trade Commission (FTC), concerning the Amana Petitions. The FTC did not have any objections to the issuance of the Waiver to Amana.

Assertions and Determinations

Amana's Petitions seek 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. Amana requests the allowance to test using a 30-second blower time delay when testing its GUX and GCC models of condensing gas furnaces. Amana states that, since the 30-second delay is indicative of how these models actually operate and since such a delay results in an improvement in efficiency of approximately 1.7 percent, the Waiver should be granted. Under specific circumstances, the DOE test procedures contain exceptions which allow testing with blower delay times of less than the prescribed 1.5- minute delay. Amana indicates that it is unable to take advantage of any of these exceptions for its GUX and GCC models of condensing gas furnaces. - Since the blower controls incorporated on the Amana 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 Amana GUX and GCC models of condensing gas furnaces. Accordingly, with regard to testing the GUX and GCC models of condensing gas furnaces, today's Decision and Order exempts Amana from the existing provisions regarding blower controls and allows testing with the 30-second delay. 

### It is therefore, ordered, That: (1) The "Petitions for Waiver" filed by the Amana Refrigeration, Inc. (Case No. F-023) are 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, the Amana Refrigeration, Inc. shall be permitted to test its GUX and GCC models of condensing gas
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 103-62 with the exception of sections 9.2-2. 9.3.1. and 9.3.2. and the inclusion of the following additional procedures: (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 ANSI/ASI-IRAE 103-82. After equilibriuhi 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 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 controls 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 stop watch. Record the measured temperatures. During the heat-up test for oil-fueled furnaces, maintain the draft in the flue pipe within ±--0.01 inch of water column of the manufacturer's recommended on-period draft. (iii) With the exception of the modification set forth above, Amana Refrigeration, Inc. 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 GUX and GCC models of condensing gas furnaces manufactured by Amana Refrigeration,
Inc. (4) This Waiver is based upon the presumed validity of statements, 

### 63941

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 November 27, 1991, this Waiver supersedes the Interim Waiver granted to Amana Refrigeration, Inc. on June 25, 1991.56 FR 29957, July 1, 1991 (Case No. F-023).


### Issued in Washington, DC, November 27, 1991.

1. Michael Davis,

Assistant Secretary, Conservation and Renewable Energy.

[FR Doc. 91-29285 Filed 12-5-91: 8:45 am]

BILLING CODE 8658-01-M

[Case No.. F-038]



### Energy Conservation Program for Consumer Products ; Application for Interim Waiver and Petition for Waiver of Furnace Test Procedures From Armstrong Air Conditioning, Inc.

AGENCY : Office of Conservation and Renewable Energy, Department of Energy.

SUMMARY : Today's notice publishes a letter granting an Interim Waiver to Armstrong Air Conditioning, Inc. (Armstrong) from the existing Department of Energy (DOE) test procedures for furnaces regarding blower time delay for the company's HWC and HW series of central furnaces.
Today's notice also publishes a "Petition for Waiver" from Armstrong. Armstrong's Petition for Waiver. requests DOE to grant relief from the DOE test procedures relating to the blower time delay specification. Armstrong seeks to test using a blower delay time of 30 seconds for its HWC and HW series of central furnaces instead of the specified 1.5-minute delaybetween burner on-time and blower ontime. DOE is soliciting comments, data, and information respecting the Petition for Waiver.


### DATES : DOE will accept comments, data, and information not later than January 6, 1992.

ADDRESSES : Written comments and statements shall be sent to: Department of Energy, Office of Conservation and Renewable Energy, Case No. F-038, Mail Stop CE-90, Room 6B-025, Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 20585, (202) 586- 3012.

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