[Federal Register Volume 60, Number 148 (Wednesday, August 2, 1995)]
[Notices]
[Pages 39376-39377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19011]
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DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. CAC-007]
Energy Conservation Program for Consumer Products: Decision and
Order Granting a Waiver From the Central Air Conditioner and Central
Air Conditioning Heat Pump Test Procedure to Kool-Fire
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Decision and order.
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SUMMARY: Notice is given of the Decision and Order (Case No. CAC-007)
granting a Waiver to Kool-Fire from the existing Department of Energy
test procedure for central air conditioners and central air
conditioning heat pumps. The Department is granting Kool-Fire's
Petition for Waiver from the existing Department of Energy central air
conditioner and central air conditioning heat pump test procedure for
the company's lines of HC and LTH burner-assisted heat pumps.
FOR FURTHER INFORMATION CONTACT:
Michael G. Raymond, 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)
586-9611
Eugene Margolis, Esq., U.S. Department of Energy, Office of General
Counsel, Mail Station GC-72, Forrestal Building, 1000 Independence
Avenue, SW., Washington, DC 20585, (202) 586-9507
SUPPLEMENTARY INFORMATION: In accordance with 10 CFR Part 430,
Sec. 430.27(l), notice is hereby given of the issuance of the Decision
and Order as set out below. In the Decision and Order, Kool-Fire has
been granted a Waiver from the existing Department of Energy central
air conditioner and central air conditioning heat pump test procedure
for the company's lines of HC and LTH burner-assisted heat pumps.
Issued in Washington, DC, on July 19, 1995.
Christine A. Ervin,
Assistant Secretary, Energy Efficiency and Renewable Energy.
Decision and Order; Department of Energy; Office of Energy Efficiency
and Renewable Energy
In the Matter of: Kool-Fire (Case No. CAC-007).
Background:
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 the Department 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, the Department 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
the Department 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 unrepresentative of its true energy
consumption as to provide materially inaccurate comparative data.
Waivers generally remain in effect until final test procedure
amendments become
[[Page 39377]]
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 determination on the Petition for Waiver. An Interim
Waiver remains in effect for a period of 180 days or until the
Department issues its determination on the Petition for Waiver,
whichever is sooner, and may be extended for an additional 180 days, if
necessary.
Kool-Fire filed a ``Petition for Waiver,'' dated July 18, 1994, in
accordance with Section 430.27 of 10 CFR Part 430. The Department
published in the Federal Register on March 3, 1995, Kool-Fire's
petition, and solicited comments, data, and information respecting the
petition. 60 FR 11967. Kool-Fire also filed an ``Application for
Interim Waiver'' under Section 430.27(g), which the Department granted
on February 22, 1995. 60 FR 11968, March 3, 1995.
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 Kool-Fire Petition. The
FTC did not have any objections to the issuance of the waiver to Kool-
Fire.
Assertions and Determinations
Kool-Fire's Petition seeks a waiver from the Department's testing
of the heating mode operation for its burner-assisted heat pumps
because the current Department test procedure does not address burner-
assisted heat pumps. Thus, the Department is granting a waiver of the
requirement to test Kool-Fire's HC and LTH models in the heating mode.
It is, therefore, ordered that:
(1) The ``Petition for Waiver'' filed by Kool-Fire (Case No. CAC-
007) is hereby granted as set forth in paragraph (2) below, subject to
the provisions of paragraphs (3), (4) and (5).
(2) Kool-Fire shall be required to test its lines of HC and LTH
heat pumps on the basis of the test procedures specified in 10 CFR Part
430, Subpart B, Appendix M, for the cooling mode of operation, Section
2.1. The heating mode test, Section 2.2, is waived.
(3) The Waiver shall remain in effect from the date of issuance of
this Order until the Department prescribes final test procedures
appropriate to the HC and LTH lines of burner-assisted heat pumps
manufactured by Kool-Fire.
(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 the factual basis underlying the petition is incorrect.
(5) Effective July 27, 1995, this Waiver supersedes the Interim
Waiver granted Kool-Fire on February 22, 1995. 60 FR 11967, March 3,
1995 (Case No. CAC-007).
Issued In Washington, DC, on July 27, 1995.
Christine A. Ervin,
Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. 95-19011 Filed 8-1-95; 8:45 am]
BILLING CODE 6450-01-P
