Energy Conservation Program for Consumer Products: Granting of the Application for Interim Waiver and Publishing of the Petition for Waiver of the Department of Energy Furnace Test Procedures From Carrier Corporation (Case No. F-079)

DEPARTMENT OF ENERGY

Energy Efficiency and Renewable Energy

Energy Conservation Program for Consumer Products: Granting of

the Application for Interim Waiver and Publishing of the Petition for

Waiver of the Department of Energy Furnace Test Procedures From Carrier

Corporation (Case No. F-079)

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 Carrier Corporation (Carrier) from the existing Department of Energy

(DOE or Department) furnace test procedure regarding blower time delay

for the company's 58UXT/330JAV, 58UHV/333BAV, 58UXV/333JAV, 58DXT/

331JAV, and 58DNV/334BAV lines of induced draft furnaces.

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

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

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

specification. Carrier seeks to test using a blower delay time of 45

seconds for its 58UXT/330JAV, 58UHV/333BAV, 58UXV/333JAV, 58DXT/331JAV,

and 58DNV/334BAV 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

September 22, 1995.

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

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

F-079, Mail Stop EE-43, Room 1J-108, Forrestal Building, 1000

Independence Avenue, SW., Washington, DC 20585, (202) 586-7574.

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 the Department 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, the Department 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 the Department 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 the

Department issues its determination on the Petition for Waiver,

whichever is sooner, and may be extended for an additional 180 days, if

necessary.

On June 28, 1995, Carrier filed an Application for Interim Waiver

regarding blower time delay. Carrier's Application seeks an Interim

Waiver from the Department's test provisions that require a 1.5-minute

time delay between the ignition of the burner and starting of the

circulating air blower. Instead, Carrier requests the allowance to test

using a 45-second blower time delay when testing its 58UXT/330JAV,

58UHV/333BAV, 58UXV/333JAV, 58DXT/331JAV, AND 58DNV/334BAV lines of

induced draft furnaces. Carrier states that the 45-second delay is

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

in an overall furnace AFUE of approximately 0.6 percent point

improvement. Since the Department's current test procedures do not

address this variable blower time delay, Carrier 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 the Department of 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; 59 FR 30577, June 14, 1994, and 59 FR 55479, November 7, 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 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

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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, 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., 57 903, January 9, 1992;

Consolidated Industries Corporation, 57 FR 22220, May 27, 1992; Evcon

Industries, Inc., 57 FR 47847, October 20, 1992, and 59 FR 46968,

September 13, 1994; Bard Manufacturing Company, 57 FR 53733, November

12, 1992, and 59 FR 30578 June 14, 1994; and York International

Corporation, 59 FR 46969, September 13, 1994, and 60 FR 100, January 3,

1995. 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 the Department's 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, the Department is granting Carrier

an Interim Waiver for its 58UXT/330JAV, 58UHV/333BAV, 58UXV/333JAV,

58DXT/331JAV, and 58DNV/334BAV 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 Carrier was issued.

Pursuant to paragraph (b) of 10 CFR Part 430.27, the Department 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 August 14, 1995.

Christine A. Ervin,

Assistant Secretary, Energy Efficiency and Renewable Energy.

Mr. Daniel J. Dempsey, P.E.,

Director, Heating Products Development, Residential Products Group,

Carrier Corporation, 7310 West Morris Street, P.O. Box 70,

Indianapolis, IN 46206-0070

Dear Mr. Dempsey: This is in response to your June 28, 1995,

Application for Interim Waiver and Petition for Waiver from the

Department of Energy (the Department) test procedure, regarding

blower time delay for Carrier Corporation (Carrier) 58UXT/330JAV,

58UHV/333BAV, 58UXV/333JAV, 58DXT/331JAV, and 58DNV/334BAV lines of

induced draft furnaces.

Previous waivers for this type of timed blower delay control

have been granted by the Department of 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, 59 FR 30577, June 14, 1994, and 59 FR 55470,

November 7, 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 48 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 59 FR

46968, September 13, 1994; Bard Manufacturing Company, 57 FR 53733,

November 12, 1992, and 59 FR 30578, June 14, 1994; and York

International Corporation, 59 FR 46969, September 13, 1994, and 60

FR 100, January 3, 1995. Thus, it appears likely that the Petition

for Waiver will be granted for blower time delay.

Carrier's Application for Interim Waiver does not provide

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

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

DOE test procedure for its 58UXT/330JAV, 58UHV/333BAV, 58UXV/333JAV,

58DXT/331JAV, and 58DNV/334BAV lines of induced draft furnaces

regarding blower time delay is granted.

Carrier shall be permitted to test its 58UXT/330JAV, 58UHV/

333BAV, 58UXV/333JAV, 58DXT/331JAV, and 58DNV/334BAV 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 Wavier 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 the

[[Page 43787]]

Department 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 28, 1995.

The Assistant Secretary for Conservation and Renewable Energy

United States Department of Energy, 1000 Independence Avenue, S.W.,

Washington, D.C. 20585

Subject: Petition for Waiver and Application for Interim Waiver

Gentlemen: This is a petition for Waiver and Application for

Interim Waiver which are submitted pursuant to title 10 CFR 430.27

as amended November 14, 1986. Waiver is requested from Test

Procedures for Measuring the Energy Consumption of Furnaces found in

Appendix N to Subpart B of Part 430.

Under the existing Test Procedure, a 1.5 minute time delay

between burner and blower startup is required. Carrier requests a

waiver from the specified 1.5 minute delay. In its place, we request

the use of a 45-second delay on Carrier's line of 58UXT/330JAV,

58UHV/333BAV, 58UXV/333JAV, and 58DNV/334BAV induced draft furnaces.

The time delay in all lines of equipment is fixed within the

furnace control, and cannot be adjusted by the installer or

servicer.

The current test producers do not credit Carrier for the energy

savings associated with the shorter blower time delays. Test data on

our mid-efficiency furnaces show a decrease in the heat-up cycle

energy losses when using the 45-second delay, resulting in an

increase in AFUE of approximately 0.6 AFUE points. Confidential

supporting test data is available upon request.

Carrier is confident that a waiver will be granted for public

reasons in the light of previous rulings in which DOE granted

waivers of this type to Carrier, Lennox Industries, Inter-City

Products, Amana, Rheem Manufacturing, and the Trane Company

Respectfully,

Daniel J. Dempsey, P.E.,

Director, Heating Products Development, Residential Products Group,

Carrier Corporation.

[FR Doc. 95-20879 Filed 8-22-95; 8:45 am]

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