Energy Conservation Program for Consumer Products: Granting of the Application for Interim Waiver and Publishing of the Petition for Waiver of DOE Furnace Test Procedures From Armstrong Air Conditioning Inc. (Case No. F-070)

DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

Energy Conservation Program for Consumer Products: Granting of

the Application for Interim Waiver and Publishing of the Petition for

Waiver of DOE Furnace Test Procedures From Armstrong Air Conditioning

Inc. (Case No. F-070)

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of

Energy.

ACTION: Notice.

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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 procedure regarding blower time delay

for the company's GUK and GCK condensing gas furnaces, and GUJ, GCJ,

and GHJ non-condensing gas 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 furnace test procedure relating to the blower time delay

specification. Armstrong seeks to test using a blower delay time of 30

seconds for its GUK and GCK condensing gas furnaces and GUJ, GCJ, and

GHJ non-condensing gas furnaces instead of the specified 1.5-minute

delay between burner on-time and blower on-time. The Department is

soliciting comments, data, and information respecting the Petition for

Waiver.

DATES: DOE will accept comments, data, and information not later than

June 2, 1994.

ADDRESSES: Written comments and statements shall be sent to: Department

of Energy, Office of Energy Efficiency and Renewable Energy, Case No.

F-070, Mail Stop EE-43, room 5E-066, Forrestal Building, 1000

Independence Avenue, SW, Washington, DC 20585, (202) 586-7140.

FOR FURTHER INFORMATION CONTACT:

Cyrus H. Nasseri, 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)

586-7140

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: 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 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.

The Department amended the prescribed test procedures by adding 10

CFR 430.27 on September 26, 1980, creating the waiver process. 45 FR

64108. Thereafter, DOE further amended the 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

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 unrepresentative 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

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 DOE issues

its determination on the Petition for Waiver, whichever is sooner, and

may be extended for an additional 180 days, if necessary.

On March 11, 1994, and the addendum of April 6, 1994, Armstrong

filed an Application for Interim Waiver regarding blower time delay.

Armstrong's Application seeks an Interim Waiver from the DOE test

provisions that require a 1.5-minute time delay between the ignition of

the burner and starting of the circulating air blower. Instead,

Armstrong requests the allowance to test using a 30-second blower time

delay when testing its GUK and GCK condensing gas furnaces and GUJ,

GCJ, and GHJ non-condensing gas furnaces. Armstrong states that the 30-

second delay is indicative of how these furnaces actually operate. Such

a delay results in an increase in AFUE of 1.2 percentage points for GUK

and GCK condensing gas furnaces, and 0.8 percentage point for GUJ, GCJ,

and GHJ non-condensing gas furnaces. Since current DOE test procedures

do not address this variable blower time delay, Armstrong asks that the

Interim Waiver be granted.

The Department has published a Notice of Proposed Rulemaking on

August 23, 1993, (58 FR 44583) to amend the furnace test procedure,

which addresses the above issue.

Previous waivers for this type of time blower delay control have

been granted by DOE to Coleman Company, 50 FR 2710, January 18, 1985;

Magic Chef Company, 50 FR 41553, October 11, 1985; Rheem Manufacturing

Company, 53 FR 48574, December 1, 1988, 56 FR 2920, January 25, 1991,

57 FR 10166, March 24, 1992, and 57 FR 34560, August 5, 1992; Trane

Company, 54 FR 19226, May 4, 1989, 56 FR 6021, February 14, 1991, 57 FR

10167, March 24, 1992, 57 FR 22222, May 27, 1992, and 58 FR 68138,

December 23, 1993; Lennox Industries, 55 FR 50224, December 5, 1990, 57

FR 49700, November 3, 1992, 58 FR 68136, December 23, 1993, and 58 FR

68137, December 23, 1993; Inter-City Products Corporation, 55 FR 51487,

December 14, 1990, and 56 FR 63945, December 6, 1991; DMO Industries,

56 FR 4622, February 5, 1991; Heil-Quaker Corporation, 56 FR 6019,

February 14, 1991; Carrier Corporation, 56 FR 6018, February 14, 1991,

57 FR 38830, August 27, 1992, 58 FR 68131, December 23, 1993, 58 FR

68133, December 23, 1993 and 59 FR 14394, March 28, 1994; Amana

Refrigeration Inc., 56 FR 27958, June 18, 1991, 56 FR 63940, December

6, 1991, 57 FR 23392, June 3, 1992, and 58 FR 68130, December 23, 1993;

Snyder General Corporation, 56 FR 54960, September 9, 1991; Goodman

Manufacturing Corporation, 56 FR 51713, October 15, 1991, 57 FR 27970,

June 23, 1992 and 59 FR 12586, March 17, 1994; The Ducane Company Inc.,

56 FR 63943, December 6, 1991, 57 FR 10163, March 24, 1992, and 58 FR

68134, December 23, 1993; Armstrong Air Conditioning, Inc., 57 FR 899,

January 9, 1992, 57 FR 10160, March 24, 1992, 57 FR 10161, March 24,

1992, 57 FR 39193, August 28, 1992, and 57 FR 54230, November 17, 1992;

Thermo Products, Inc., 57 FR 903, January 9, 1992; Consolidated

Industries Corporation, 57 FR 22220, May 27, 1992; Evcon Industries,

Inc., 57 FR 47847, October 20, 1992; and Bard Manufacturing Company, 57

FR 53733, November 12, 1992. Thus, it appears likely that the Petition

for Waiver will be granted for blower time delay.

In those instances where the likely success of the Petition for

Waiver has been demonstrated based upon DOE having granted a waiver for

a similar product design, it is in the public interest to have similar

products tested and rated for energy consumption on a comparable basis.

Therefore, based on the above, DOE is granting Armstrong an Interim

Waiver for its GUK and GCK condensing gas furnaces and GUJ, GCJ, and

GHJ non-condensing gas furnaces. Pursuant to paragraph (e) of

Sec. 430.27 of the Code of Federal Regulations part 430, the following

letter granting the Application for Interim Waiver to Armstrong was

issued.

Pursuant to paragraph (b) of 10 CFR 430.27, DOE is hereby

publishing the ``Petition for Waiver'' in its entirety. The petition

contains no confidential information. The Department solicits comments,

data, and information respecting the petition.

Issued in Washington, DC, April 20, 1994.

Frank M. Stewart, Jr.,

Acting Chief of Staff, Energy Efficiency and Renewable Energy.

Mr. Bruce R. Maike,

Vice President, Product Engineering, Armstrong Air Conditioning

Inc., 421 Monroe Street, Bellevue, OH 44811.

Dear Mr. Maike: This is in response to your March 11, 1994, and

the addendum of April 6, 1994, Application for Interim Waiver and

Petition for Waiver from the Department of Energy (DOE) test

procedure regarding blower time delay for Armstrong Air Conditioning

Inc. (Armstrong) GUK and GCK condensing gas furnaces, and GUJ, GCJ,

and GHJ non-condensing gas furnaces.

Previous waivers for this type of timed blower delay control

have been granted by DOE to Coleman Company, 50 FR 2710, January 18,

1985; Magic Chef Company, 50 FR 41553, October 11, 1985; Rheem

Manufacturing Company, 53 FR 48574, December 1, 1988, 56 FR 2920,

January 25, 1991, 57 FR 10166, March 24, 1992, and 57 FR 34560,

August 5, 1992; Trane Company, 54 FR 19226, May 4, 1989, 56 FR 6021,

February 14, 1991, 57 FR 10167, March 24, 1992, 57 FR 22222, May 27,

1992, and 58 FR 68138, December 23, 1993; Lennox Industries, 55 FR

50224, December 5, 1990, 57 FR 49700, November 3, 1992, 58 FR 68136,

December 23, 1993, and 58 FR 68137, December 23, 1993; Inter-City

Products Corporation, 55 FR 51487, December 14, 1990, and 56 FR

63945, December 6, 1991; DMO Industries, 56 FR 4622, February 5,

1991; Heil-Quaker Corporation, 56 FR 6019, February 14, 1991;

Carrier Corporation, 56 FR 6018, February 14, 1991, 57 FR 38830,

August 27, 1992, 58 FR 68131, December 23, 1993, 58 FR 68133,

December 23, 1993 and 59 FR 14394, March 28, 1994; Amana

Refrigeration Inc., 56 FR 27958, June 18, 1991, 56 FR 63940,

December 6, 1991, 57 FR 23392, June 3, 1992, and 58 FR 68130,

December 23, 1993; Snyder General Corporation, 56 FR 54960,

September 9, 1991; Goodman Manufacturing Corporation, 56 FR 51713,

October 15, 1991, 57 FR 27970, June 23, 1992 and 59 FR 12586, March

17, 1994; The Ducane Company Inc., 56 FR 63943, December 6, 1991, 57

FR 10163, March 24, 1992, and 58 FR 68134, December 23, 1993;

Armstrong Air Conditioning, Inc., 57 FR 899, January 9, 1992, 57 FR

10160, March 24, 1992, 57 FR 10161, March 24, 1992, 57 FR 39193,

August 28, 1992, and 57 FR 54230, November 17, 1992; Thermo

Products, Inc., 57 FR 903, January 9, 1992; Consolidated Industries

Corporation, 57 FR 22220, May 27, 1992; Evcon Industries, Inc., 57

FR 47847, October 20, 1992; and Bard Manufacturing Company, 57 FR

53733, November 12, 1992. Thus, it appears likely that the Petition

for Waiver will be granted for blower time delay.

Armstrong's Application for Interim Waiver does not provide

sufficient information to evaluate what, if any, economic impact or

competitive disadvantage Armstrong will likely experience absent a

favorable determination on its application.

However, in those instances where the likely success of the

Petition for Waiver has been demonstrated, based upon DOE having

granted a waiver for a similar product design, it is in the public

interest to have similar products tested and rated for energy

consumption on a comparable basis.

Therefore, Armstrong's Application for an Interim Waiver from

the DOE test procedure for its GUK and GCK condensing gas furnaces,

and GUJ, GCJ, and GHJ non-condensing gas furnaces regarding blower

time delay is granted.

Armstrong shall be permitted to test its GUK and GCK condensing

gas furnaces, and GUJ, GCJ, and GHJ non-condensing gas furnaces on

the basis of the test procedures specified in 10 CFR Part 430,

Subpart B, Appendix N, with the modification set forth below:

(i) Section 3.0 in 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 103-82 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 in Appendix N as follows:

3.10 Gas- and Oil-Fueled Central Furnaces. After equilibrium

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 circulation 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 control 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.

This Interim Waiver is based upon the presumed validity of

statements and all allegations submitted by the company. This

Interim Waiver may be removed or modified at any time upon a

determination that the factual basis underlying the application is

incorrect.

The Interim Waiver shall remain in effect for a period of 180

days or until DOE acts on the Petition for Waiver, whichever is

sooner, and may be extended for an additional 180-day period, if

necessary.

Sincerely,

Frank M. Stewart, Jr.,

Acting Chief of Staff, Energy Efficiency and Renewable Energy.

March 11, 1994.

Assistant Secretary, Conservation and Renewable Energy, United

States Department of Energy, 1000 Independence Ave., SW.,

Washington, DC 20585.

Subject: Petition for Wavier and Application of Interim Waiver.

Gentlemen: This is a Petition for Waiver and application of

Interim Waiver submitted pursuant to Title 10 CFR 430.28. Waiver is

requested from the test procedure for measuring Furnace Energy

Consumption as found in appendix H to subpart B of part 430.

The current test requires a 1.5 minute delay between burner

ignition and the start of the circulating air blower. Armstrong Air

Conditioning Inc. is requesting waiver and authorization to use a

timed on delay instead of the specified 1.5 minutes for blower

start-up after main burner ignition. Armstrong intends to use a

fixed timing control on our GUK and GCK condensing gas furnaces and

on our GUJ, GCJ, and GHJ non-condensing gas furnaces to gain

additional energy savings that are achieved with the use of shorter

blower on times.

Test data for these furnaces with a timed on delay indicates an

increase in AFUE. The use of a timed on delay reduces flue losses

thus increasing furnace efficiency. Copies of confidential test data

confirming these energy savings will be forwarded to you upon

request.

The current test procedure does not give Armstrong credit for

the energy savings that can be obtained using fixed timing. ASHRAE

103-1993 test procedure that is under consideration by D.O.E.

addresses the use of timed blower operation. Section 9.6.1 of ASHRAE

103-1993 requires testing of a furnace with this type of control to

be set to its maximum setting. Armstrong's intent would be to

request testing at this maximum setting. Granting of this Waiver

permits testing of similar competitive products to be rated on a

comparable basis to that of Armstrong.

Armstrong is confident that this Waiver will be granted, and

therefore requests an Interim Waiver be granted until a final ruling

is made. Armstrong, as well as other manufacturers of domestic

furnaces, have been granted similar waivers.

Manufacturers that domestically market similar products have

been sent a copy of this Petition for Waiver and Application for

Interim Waiver.

Sincerely,

Armstrong Air Conditioning Inc.

Bruce R. Maike,

Vice President Product Engineering.

April 6, 1994.

Assistant Secretary, Conservation and Renewable Energy, United

States Department of Energy, 1000 Independence Ave., SW.,

Washington, DC 20585.

Attention: Mr. Cyrus Nasseri.

Subject: March 11, 1994 Petition for Waiver Addendum.

Sir: Inadvertently in our Petition for Waiver and application

for Interim Waiver, the delay on timing and the additional increase

in AFUE was left out. Our intent is to use a 30 second delay between

burner ignition and the start of the circulating air blower. An

increase of 1.2 percentage points in AFUE can be achieved on the GUK

and GCK condensing furnaces and an increase of .8 percentage points

on the GUJ, GCJ, and GHJ furnaces.

Please consider this information upon reviewing the Petition for

Waiver and application for Interim Waiver. Should you require any

additional information, please feel free to contact me.

Sincerely,

Armstrong Air Conditioning Inc.

Bruce R. Maike,

Vice President Product Engineering.

[FR Doc. 94-10577 Filed 5-2-94; 8:45 am]

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