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 York International Corporation (Case No. F-073)

DEPARTMENT OF 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 York International

Corporation (Case No. F-073)

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 York International Corporation (York) from the existing Department

of Energy (DOE) test procedure regarding blower time delay for the

company's P2DP, PBKD, and XED02 lines of induced draft furnaces.

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

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

furnace test procedure relating to the blower time delay specification.

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

P2DP, PBKD, and XED02 lines of induced draft 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

August 15, 1994.

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

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

F-073, 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. Hasseri, U.S. Department of Energy, Office of Energy

Efficiency and Renewable Energy, Mail Stop 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 Stop 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 June 16, 1994, York filed an Application for Interim Waiver

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

blower time delay when testing its P2DP, PBKD, and XED02 lines of

induced draft furnaces. York states that the 30-second delay is

indicative of how these furnaces actually operate. Such a delay results

in an approximately 0.5 percent improvement in energy efficiency. Since

current DOE test procedures do not address this variable blower time

delay, York 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 2220, 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 York an Interim

Waiver for its P2DP, PBKD, and XEDO2 lines of induced draft furnaces.

Pursuant to paragraph (e) of Section 430.27 of the Code of Federal

Regulations Part 430, the following letter granting the Application for

Interim Waiver to York 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, July 9, 1994.

Christine A. Ervin,

Assistant Secretary, Energy Efficiency and Renewable Energy.

July 9, 1994

Mr. Michael B. Eberlein, P.E.,

Engineering Manager--Furnace Products, York International

Corporation, P.O. Box 4022, Elyria, OH 44036

Dear Mr. Eberlein: This is in response to your June 16, 1994,

Application for Interim Waiver and Petition for Waiver from the

Department of Energy (DOE) test procedure regarding blower time

delay for York International Corporation (York) P2DP, PBKD, and

XEDO2 lines of induced draft 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.

York's Application for Interim Waiver does not provide

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

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

test procedure for its P2DP, PBKD, and XED02 lines of induced draft

furnaces regarding blower time delay is granted.

York shall be permitted to test its P2DP, PBKD, and XED02 lines

of induced draft 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,

Christine A. Ervin,

Assistant Secretary, Energy Efficiency and Renewable Energy.

June 16, 1994

Assistant Secretary, Conservation & Renewable Energy,

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

Washington, DC 20585.

Subject: Petition for Waiver and Application for Interim Waiver.

Gentlemen: This is a Petition for Waiver and Application for

Interim Waiver submitted pursuant to Title 10 CFR 430.27, as amended

14 November 1986. Waiver is requested from the test procedures for

measuring the Energy Consumption of Furances found in Appendix N of

Subpart B to Part 430, specifically the section requiring a 1.5

minute delay between burner ignition and start-up of the circulating

air blower.

York International requests a waiver from the specified 1.5

minute delay, and seeks authorization in its furnace efficiency test

procedures and calculations to utilize a fixed timing control that

will energize the circulating air blower 30 seconds after the gas

valve opens. A control of this type with a fixed 30 second blower

on-time will be utilized in our P2DP, PBKD and XED02 lines of

induced draft furnaces.

The current test procedure does not credit York for additional

energy savings that occur when a shorter blower on-time is utilized.

Test data for these furnaces with a 30 second delay indicate that

the overall furnace AFUE will increase approximately 0.5 percent

compared to the same furnace when tested with the 1.5 minute delay.

Copies of the confidential test data confirming these energy savings

will be forwarded to you upon request.

York International is confident that this waiver will be

granted, as similar waivers have been granted in the past to Coleman

Company, Magic Chef Company, Rheem Manufacturing, the Trane Company,

Carrier Corporation, Lennox, Amana Refrigeration, Goodman

Manufacturing Company and others.

Manufacturers that domestically market similar products are

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

Interim Waiver.

Sincerely,

Michael B. Eberlein, P.E.,

Engineering Manager-Furnace Products, Unitary Products Group.

[FR Doc. 94-17135 Filed 7-13-94; 8:45 am]

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