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 Rheem Manufacturing Company

DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. F-075]

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 Rheem Manufacturing Company

AGENCY: Office of Energy Efficiency and Renewable Energy.

ACTION: Notice.

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

to Rheem Manufacturing Company (Rheem) from the existing Department of

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

company's GRA upflow, and GSA downflow condensing gas furnaces.

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

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

furnace test procedure relating to the blower time delay specification.

Rheem seeks to test using a blower delay time of 20 seconds for its GRA

upflow, and GSA downflow 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

October 17, 1994.

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

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

F-075, 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)

586-9138

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: 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 July 15, 1994, Rheem filed an Application for Interim Waiver and

a Petition for Waiver regarding blower time delay.

Rheem'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, Rheem

requests the allowance to test using a 20-second blower time delay when

testing its GRA upflow, and GSA downflow condensing gas furnaces. Rheem

states that the 20-second delay is indicative of how these furnaces

actually operate. Such a delay results in an average of approximately

3.0 percent improvement in energy efficiency. Since current DOE test

procedures do not address this variable blower time delay, Rheem asks

that the Interim Waiver be granted.

Rheem's Petition for Waiver also requests DOE to grant relief from

the DOE furnace test procedure relating to the above specification.

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, 57 FR 34560, August 5, 1992, and 59 FR

30577, June 14, 1994; 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, and 59

FR 30579, June 14, 1994; 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, 57 FR 54230, November 17, 1992, and 59 FR

30575, June 14, 1994; 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, and 59 FR 30578,

June 14, 1994. 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 Rheem an Interim

Waiver for its GRA upflow, and GSA downflow 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 Rheem was issued.

Pursuant to paragraph (b) of 10 CFR Sec. 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 September 7, 1994.

Christine A. Ervin,

Energy Efficiency and Renewable Energy.

September 8, 1994.

Mr. Daniel J. Canclini,

Vice President-Product Development and Research Engineering, Rheem

Manufacturing Company, P.O. Box 17010, Fort Smith, AR 72917-7010.

Dear Mr. Canclini: This is in response to your July 15, 1994,

Application for Interim Waiver and Petition for Waiver from the

Department of Energy (DOE) test procedure regarding blower time

delay for Rheem Manufacturing Company (Rheem) GRA upflow, and GSA

downflow 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, 57 FR 34560, August

5, 1992, and 59 FR 30577, June 14, 1994; 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, and 59 FR 30579, June 14,

1994; 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, 57 FR 54230, November 17, 1992, and 59 FR 30575,

June 14, 1994; 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, and 59 FR

30578, June 14, 1994. Thus, it appears likely that the Petition for

Waiver will be granted for blower time delay.

Rheem's Application for Interim Waiver does not provide

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

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

DOE test procedure for its GRA upflow, and GSA downflow condensing

gas furnaces regarding blower time delay is granted.

Rheem shall be permitted to test its GRA upflow, and GSA

downflow 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 temperature. 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.

July 15, 1994.

Mr. Cyrus Nasseri,

Assistant Secretary, Conservation and Renewable Energy, United

States Department of Energy, 1000 Independence Avenue SW.,

Washington, DC 20585.

Dear Mr. Nasseri: This is a petition for waiver and application

for interim waiver submitted pursuant to title 10 CFR Part 430.27.

Waiver is requested from the furnace test procedure as prescribed in

Appendix N to Subpart B of Part 430. The test procedure requires a

1.5 minute delay between burner and blower start-up. Rheem is

requesting authorization to use a 20 second delay instead of 1.5

minutes for our Series (-)GRA upflow and (-)GSA downflow condensing

type residential gas-fired furnaces.

Rheem will be manufacturing these appliances with an electronic

device that controls the blower operation on a timing sequence as

opposed to temperature.

Improved energy efficiency is achieved by reducing on cycle

losses. Under the Appendix N procedures, the stack temperature is

allowed to climb at a faster rate than it would with a 20 second

blower on time, allowing energy to be lost out of the vent system.

This waste of energy would not occur in actual operation. If this

petition is granted, the true blower on time delay would be used in

the calculations.

The current test procedures do not give Rheem credit for the

energy savings which averages approximately 3%. Rheem is of the

opinion that this reduction in energy is a worthwhile savings.

Rheem has most recently been granted previous waivers regarding

blower on time to be used in the efficiency calculations for our (-

)GED and (-)GKC series condensing furnaces and (-)GDG, (-)GVH, (-

)GPH, (-)GLH series furnaces. Several other manufacturers of gas

furnaces have also been granted a waiver to permit calculations

based on timed blower operation. Also, ASHRAE Standard 103-1993,

paragraph 9.51.2.2 specifically addresses the use of timed blower

operation.

Confidential and comparative test data is available to you upon

your request, confirming the above energy savings.

Manufacturers that domestically market similar products are

being sent a copy of this petition for waiver and petition for

interim waiver.

Sincerely,

Daniel J. Canclini,

Vice President-Product Development and Research Engineering.

[FR Doc. 94-22891 Filed 9-14-94; 8:45 am]

BILLING CODE 6450-01-M