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 DMO Industries

DEPARTMENT OF ENERGY

(Case No. F-069)

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 DMO Industries

AGENCY: Office of Energy Efficiency and Renewable Energy, DOE.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Today's notice publishes a letter granting an Interim Waiver

to DMO Industries (DMO) from the existing Department of Energy (DOE)

test procedure regarding blower time delay for the company's HDS series

gas furnaces.

Today's notice also publishes a ``Petition for Waiver'' from DMO.

DMO's Petition for Waiver requests DOE to grant relief from the DOE

furnace test procedure relating to the blower time delay specification.

DMO seeks to test using a blower delay time of 30 seconds for its HDS

series 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-069, 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 4, 1994, DMO filed an Application for Interim Waiver

regarding blower time delay. DMO'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, DMO requests the allowance to test using a 30-second

blower time delay when testing its HDS series gas furnaces. DMO states

that the 30-second delay is indicative of how these furnaces actually

operate. Such a delay results in an increase in AFUE of 2.0 percentage

points. Since current DOE test procedures do not address this variable

blower time delay, DMO 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 DMO an Interim

Waiver for its HDS series 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 DMO was issued.

Pursuant to paragraph (b) of 10 CFR Part 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 19, 1994.

Frank M. Stewart, Jr.,

Acting Chief of Staff, Energy Efficiency and Renewable Energy.

April 19, 1994.

Mr. Kyu S. Hwang, P.E.,

Manager of Engineering, Research, and Development, DMO Industries,

P.O. Box 900, Wallaceburg, Ontario N8A 5E5.

Dear Mr. Hwang: This is in response to your March 4, 1994,

Application for Interim Waiver and Petition for Waiver from the

Department of Energy (DOE) test procedure regarding blower time

delay for DMO Industries (DMO) HDS series 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.

DMO's Application for Interim Waiver does not provide sufficient

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

disadvantage DMO 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, DMO's Application for an Interim Waiver from the DOE

test procedure for its HDS series gas furnaces regarding blower time

delay is granted.

DMO shall be permitted to test its HDS series 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 4, 1994.

Assistant Secretary, Conservation and Renewable Energy, United

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

Washington, DC 20585.

Subject: Petitions for Waiver and Interim Waiver.

Dear Secretary: Please consider this letter as a Petition for

Waiver and Application for Interim Waiver, submitted pursuant to

Title 10 CFR 430.27. DMO Industries is requesting a waiver from the

furnace test procedure which requires a 90 second delay between

burner ignition and blower start-up.

DMO requests authorization to reduce the 90 second delay to 30

seconds when testing our HDS series, high efficiency, residential

gas furnaces. The HDS series includes the following models as listed

in the GAMA (Gas Appliance Manufacturers Association) certification

program:

HDS 40MS

HDS 50MS (60/50MS)

HDS 60MS

HDS 60M (70/60M)

HDS 70M

HDS 80M (90/80M)

HDS 90M

HDS 90MF (100/90M)

HDS 100M

HDS 110M (120/110M)

HDS 120M

DMO is currently switching all controls on this series to a 30

second blower-on delay by a timed controller, which cannot be

adjusted by the installer, or service person.

Our tests indicate that by using the 30 second delay, AFUE

values increase by up to 2.0 points, depending on the model. We feel

that this is a substantial benefit to our customers and would like

to reflect this through the higher AFUE values. Confidential Test

data is available upon request which confirms the above claim.

We are confident that both an Interim Waiver and final Waiver

will be granted us on the basis that many similar petitions have

already been granted on our competitors.

A copy of this petition for Waiver and Application for Interim

Waiver is being sent to manufacturers who market similar equipment.

Sincerely,

Kyu S. Hwang, P. Eng.,

Manager of Engineering, Research and Development.

[FR Doc. 94-10578 Filed 5-2-94; 8:45 am]

BILLING CODE 6450-01-P