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

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