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 Goodman Manufacturing Company

DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. F-067]

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 Goodman Manufacturing

Company

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

ACTION: Notice.

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

to Goodman Manufacturing Company (Goodman) from the existing Department

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

company's GMN series central furnaces.

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

Goodman. Goodman's Petition for Waiver requests DOE to grant relief

from the DOE furnace test procedure relating to the blower time delay

specification. Goodman seeks to test using a blower delay time of 40

seconds for its GMN series central furnaces instead of the specified

1.5-minute delay between 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

March 25, 1994.

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

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

F-067, 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 November 29, 1993, Goodman filed an Application for Interim

Waiver regarding blower time delay. Goodman'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, Goodman requests the allowance to test

using a 40-second blower time delay when testing its GMN series central

furnaces. Goodman states that the 40-second delay is indicative of how

these furnaces actually operate. Such a delay results in an energy

savings of 0.6 to 1.0 percent. Since current DOE test procedures do not

address this variable blower time delay, Goodman 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, and 57 FR 22222, May 27, 1992; Lennox

Industries, 55 FR 50224, December 5, 1990, and 57 FR 49700, November 3,

1992; 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, and 57 FR 38830,

August 27, 1992; Amana Refrigeration Inc., 56 FR 27958, June 18, 1991,

56 FR 63940, December 6, 1991, and 57 FR 23392, June 3, 1992; Snyder

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

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

27970, June 23, 1992; The Ducane Company Inc., 56 FR 63943, December 6,

1991, and 57 FR 10163, March 24, 1992; 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 Goodman an Interim

Waiver for its GMN series central 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 Goodman

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, February 10, 1994.

Christine A. Ervin,

Assistant Secretary, Energy Efficiency and Renewable Energy.

February 14, 1994.

Mr. Peter H. Alexander,

Vice President of Engineering, Goodman Manufacturing Company, 1501

Seamist, Houston, Texas 77008.

Dear Mr. Alexander: This is in response to your November 29,

1993, Application for Interim Waiver and Petition for Waiver from

the Department of Energy (DOE) test procedure regarding blower time

delay for Goodman Manufacturing Company (Goodman) GMN series central

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, and 57 FR 22222, May

27, 1992; Lennox Industries, 55 FR 50224, December 5, 1990, and 57

FR 49700, November 3, 1992; 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, and 57 FR 38830, August 27, 1992; Amana

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

December 6, 1991, and 57 FR 23392, June 3, 1992; Snyder General

Corporation, 56 FR 54960, September 9, 1991; Goodman Manufacturing

Corporation, 56 FR 51713, October 15, 1991, and 57 FR 27970, June

23, 1992; The Ducane Company Inc., 56 FR 63943, December 6, 1991,

and 57 FR 10163, March 24, 1992; 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.

Goodman's Application for Interim Waiver does not provide

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

competitive disadvantage Goodman 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.

Goodman shall be permitted to test its GMN series central

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.

November 29, 1993.

Assistant Secretary, Conversation and Renewable Energy,

United States Department of Energy,

1000 Independence Ave., SW.,

Washington, DC 20585.

Re: 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. 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 procedure requires a 1.5 minute delay between

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

Manufacturing Co., L.P. is requesting waiver and authorization to

use a 40 second delay instead of the specified 1.5 minutes for the

blower to start after main burner ignition. Goodman Manufacturing

intends to use a fixed timing control on our GMN series central

furnaces to gain additional energy savings that are achieved with

the use of shorter blower on times.

Test data for these furnaces with a 40 second delay indicated an

increase in AFUE of 0.6 to 1.0 percentage points. The use of a 40

second delay reduces the appliance flue losses and therefore

increases the furnace efficiency. Copies of confidential test data

confirming this energy savings will be provided to you at your

request.

The current test procedure does not give Goodman Manufacturing

credit for energy savings that can be obtained using fixed blower

timings. The proposed ASRAE 103-1988 that is under consideration by

DOE address the use of timed blower operation.

Goodman Manufacturing is confident that this Waiver will be

granted, and therefore we request an Interim Waiver be granted until

a final ruling is made. Goodman, 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,

Goodman Manufacturing Co., L.P.,

Peter H. Alexander,

Vice President of Engineering.

[FR Doc. 94-4022 Filed 2-22-94; 8:45 am]

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