[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