' 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, an

oral 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 and

Renewable 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 the

applicant 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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CAS-RM-79-104 COMMENT 66
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 delay

between 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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CAS-RM-79-104 COMMENT 66