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 York International

DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. F-078]

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 York

International

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 (York) from the existing Department of Energy

(the Department) test procedure regarding blower time delay for the

company's P2UR and PBLU lines of condensing furnaces.

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

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

its furnace test procedure relating to the blower time delay

specification. York seeks to test using a blower delay time of 30

seconds for its P2UR, and PBLU lines of condensing 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: The Department will accept comments, data, and information not

later than September 27, 1995.

ADDRESSES: Written comments and statements shall be sent to: U.S.

Department of Energy, Office of Energy Efficiency and Renewable Energy,

Case No. F-078, 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

[[Page 44482]]

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 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 26, 1995, York filed an Application for Interim Waiver

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

using a 30-second blower time delay when testing its P2UR, and PBLU

lines of condensing furnaces. York states that the 30-second delay is

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

in an overall furnace AFUE of approximately 1.5 percent points

improvement. Since the Department's current 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 the Department 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; 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 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 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 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 York an

Interim Waiver for its P2UR and PBLU lines of condensing 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 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 20, 1995.

Christine A. Ervin,

Assistant Secretary, Energy Efficiency and Renewable Energy.

Department of Energy

August 21, 1995.

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

Engineering Manager--Furnace Products, Unitary Products Group, York

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

Dear Mr. Eberlein: This is in response to your June 26, 1995,

Application for Interim Waiver and Petition for Waiver from the

Department of Energy (the Department) test procedure regarding

blower time delay for York International (York) P2UR and PBLU lines

of condensing furnaces.

Previous waivers for this type of timed blower delay control

have been granted by the Department 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, 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 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 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.

[[Page 44483]]

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 the Department

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

Department test procedure for its P2UR and PBLU lines of condensing

furnaces regarding blower time delay is granted.

York shall be permitted to test its P2UR, and PBLU lines of

condensing 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 the 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.

York Central Environmental Systems; York International

June 26, 1995.

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 Furnaces 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 P2UR an PBLU lines of condensing

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 1.5 percentage

points 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 Industries, 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 Wavier.

Sincerely,

Michael B. Eberlein, P.E.

Engineering Manager--Furnace Products, Unitary Products Group.

[FR Doc. 95-21284 Filed 8-25-95; 8:45 am]

BILLING CODE 6450-01-P-M