Energy Conservation Program for Consumer Products: Decision and Order Granting a Waiver From the Furnace Test Procedure to Armstrong Air Conditioning Inc.

DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. F-070]

Energy Conservation Program for Consumer Products: Decision and

Order Granting a Waiver From the Furnace Test Procedure to Armstrong

Air Conditioning Inc.

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. F-070)

granting a Waiver to Armstrong Air Conditioning Inc. (Armstrong) from

the existing Department of Energy (DOE) test procedure for furnaces.

The Department is granting Armstrong's Petition for Waiver regarding

blower time delay in calculation of Annual Fuel Utilization Efficiency

(AFUE) for its GUK and GCK condensing gas furnaces, and GUJ, GCJ, and

GHJ non-condensing gas furnaces.

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)

586-9138.

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 430.27(g), notice

is hereby given of the issuance of the Decision and Order as set out

below. In the Decision and Order, Armstrong has been granted a Waiver

for its GUK and GCK condensing gas furnaces, and GUJ, GCJ, and GHJ non-

condensing gas furnaces, permitting the company to use an alternate

test method in determining AFUE.

Issued in Washington, DC, on June 6, 1994.

Christine A. Ervin,

Assistant Secretary, Energy Efficiency and Renewable Energy.

Decision and Order

In the Matter of: Armstrong Air Conditioning Inc. (Case No. F-

070)

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 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 to create a waiver process. 45 FR 64108, September 26, 1980.

Thereafter, DOE 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 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

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 DOE issues

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

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

Armstrong filed a ``Petition for Waiver,'' dated March 11, 1994,

and the addendum of April 6, 1994, in accordance with section 430.27 of

10 CFR part 430. The Department published in the Federal Register on

May 3, 1994, Armstrong's petition and solicited comments, data and

information respecting the petition. 59 FR 22841. Armstrong also filed

an ``Application for Interim Waiver'' under Sec. 430.27(g) which DOE

granted on April 20, 1994. 59 FR 22841, May 3, 1994.

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 Armstrong Petition. The

FTC did not have any objections to the issuance of the waiver to

Armstrong.

Assertions and Determinations

Armstrong's Petition seeks a waiver from the DOE test provisions

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

and the starting of the circulating air blower. 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 since the 30-second

delay is indicative of how these models actually operate and since 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 points for GUJ,

GCJ, and GHJ non-condensing gas furnaces, the petition should be

granted.

Under specific circumstances, the DOE test procedure contains

exceptions which allow testing with blower delay times of less than the

prescribed 1.5-minute delay. Armstrong indicates that it is unable to

take advantage of any of these exceptions for its GUK and GCK

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

furnaces.

Since the blower controls incorporated on the Armstrong furnaces

are designed to impose a 30-second blower delay in every instance of

start up, and since the current provisions do not specifically address

this type of control, DOE agrees that a waiver should be granted to

allow the 30-second blower time delay when testing the Armstrong GUK

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

gas furnaces. Accordingly, with regard to testing the GUK and GCK

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

furnaces, today's Decision and Order exempts Armstrong from the

existing provisions regarding blower controls and allows testing with

the 30-second delay.

It is, therefore, ordered that:

(1) The ``Petition for Waiver'' filed by Armstrong Air Conditioning

Inc. (Case No. F-070) is hereby granted as set forth in paragraph (2)

below, subject to the provisions of paragraphs (3), (4), and (5).

(2) Notwithstanding any contrary provisions of appendix N of 10 CFR

part 430, subpart B, Armstrong Air Conditioning Inc., 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

procedure specified in 10 CFR part 430, with modifications set forth

below:

(i) Section 3.0 of 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 Standard 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 to appendix N as follows:

3.10 Gas- and Oil-Fueled Central Furnaces. The following paragraph

is in lieu of the requirement specified in section 9.3.1 of ANSI/ASHRAE

Standard 103-82. 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 circulating 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 stopwatch. 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.

(iii) With the exception of the modifications set forth above,

Armstrong Air Conditioning Inc. shall comply in all respects with the

test procedures specified in appendix N of 10 CFR part 430, subpart B.

(3) The Waiver shall remain in effect from the date of issuance of

this Order until DOE prescribes final test procedures appropriate to

the GUK and GCK condensing gas furnaces, and GUJ, GCJ, and GHJ non-

condensing gas furnaces manufactured by Armstrong Air Conditioning Inc.

(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 June 6, 1994, this Waiver supersedes the Interim

Waiver granted the Armstrong Air Conditioning Inc. on April 20, 1994.

59 FR 22841, May 3, 1994 (Case No. F-070).

Issued In Washington, DC, June 6, 1994.

Christine A. Ervin,

Assistant Secretary, Energy Efficiency and Renewable Energy.

[FR Doc. 94-14431 Filed 6-13-94; 8:45 am]

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