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 Bard Manufacturing Company

DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. F-068]

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 Bard Manufacturing Company

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 Bard Manufacturing Company (Bard) from the existing Department of

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

company's DCC and DCL series central furnaces.

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

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

furnace test procedure relating to the blower time delay specification.

Bard seeks to test using a blower delay time of 60 seconds for its DCC

and DCL series central 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

May 25, 1994.

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

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

F-068, Mail Stop EE-43m Room 5E-066, Forrestal Building, 1000

Independence Avenue, SW, Washington, DC 20585, (202) 586-7140.

FOR FURTHER INFORMATION CONTACT:

Cyrus H. Nassrei, 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 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 procedures

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 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 8, 1994, Bard filed an Application for Interim Waiver

regarding blower time delay. Bard'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, Bard requests the allowance to test using a 60-second

blower time delay when testing its DCC and DCL series central furnaces.

Bard states that the 60-second delay is indicative of how these

furnaces actually operate. Such a delay results in an increase in AFUE

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

address this variable blower time delay, Bard 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, and 58 FR

68133, December 23, 1993; 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, and 57 FR 27970, June 23, 1992; 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 Bard an Interim

Waiver for its DCC and DCL series central 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 Bard 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.

Frank M. Stewart, Jr.,

Acting Chief of Staff Energy Efficiency and Renewable Energy.

Mr. Dick Hann,

Manager, Heating and Application Engineering, Bard Manufacturing

Company, 1914 Randolph Drive, Bryan, OH 43506

Dear Mr. Hanna: This is in response to your March 8, 1994,

Application for Interim Waiver and Petition for Waiver from the

Department of Energy (DOE) test procedure regarding blower time

delay for Bard Manufacturing Company (Bard) DCC and DCL 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, 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, and 58 FR 68133,

December 23, 1993; 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, and 57 FR 27970, June 23, 1992; 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.

Bard's Application for Interim Waiver does not provide

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

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

test procedure for its DCC and DCL series central furnaces regarding

blower time delay is granted.

Bard shall be permitted to test its DCC and DCL 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:

3.20 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,

Frank M. Stewart, Jr.

Acting Chief of Staff Energy Efficiency and Renewable Energy

[FR Doc. 94-9927 Filed 4-22-94; 8:45 am]

BILLING CODE 6450-01-M