Energy Conservation Program for Consumer Products: Granting of the Application for Interim Waiver and Publishing of the Petition for Waiver of York International From the DOE Furnace Test Procedures

[[Page 53358]]

DEPARTMENT OF ENERGY

[Case No. F-081]

Energy Conservation Program for Consumer Products: Granting of

the Application for Interim Waiver and Publishing of the Petition for

Waiver of York International From the DOE Furnace Test Procedures

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

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

company's D1NA, DAYA, D1NH, and DAYH lines of induced draft outdoor

package units.

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

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

furnace test procedure relating to the blower time delay specification.

York seeks to test using a blower delay time of 30 seconds for its

D1NA, DAYA, D1NH, and DAYH lines of induced draft outdoor package units

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

November 13, 1995.

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

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

F-081, Mail Stop EE-43, Room 1J-108, 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

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 DOE issues

its determination on the Petition for Waiver, whichever is sooner, and

may be extended for an additional 180 days, if necessary.

On August 8, 1995, York filed an Application for Interim Waiver and

a Petition for Waiver regarding blower time delay. York'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, York requests the allowance to

test using a 30-second blower time delay when testing its D1NA, DAYA,

D1NH, and DAYH lines of induced draft outdoor package units. 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 0.4 percent point improvement. Since current DOE 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 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; 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,

[[Page 53359]]

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 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 York an Interim

Waiver for its D1NA, DAYA, D1NH, and DAYH lines of induced draft

outdoor package units. 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.

York's Petition for Waiver requested DOE to grant relief from the

DOE furnace test procedure relating to the blower time delay

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

seconds for its D1NA, DAYA, D1NH, and DAYH lines of induced draft

outdoor package units instead of the specified 1.5-minute delay between

burner on-time and blower on-time. 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, D.C., September 28, 1995.

Christine A. Ervin,

Assistant Secretary, Energy Efficiency and Renewable Energy.

Department of Energy,

Washington, DC,

September 28, 1995.

Mr. Mark Diesch

Product Engineer, York International, 5005 Interstate Drive North,

Norman, Oklahoma 73069.

Dear Mr. Diesch: This is in response to your August 8, 1995

Application for Interim Waiver and Petition for Waiver from the

Department of Energy (DOE or Department) test procedure regarding

blower time delay for York International (York) D1NA, DAYA, D1NH,

and DAYH lines of induced draft outdoor package units.

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, 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.

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 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, York's Application for an Interim Waiver from the DOE

test procedure for its D1NA, DAYA, D1NH, and DAYH lines of induced

draft outdoor package units regarding blower time delay is granted.

York shall be permitted to test its D1NA, DAYA, D1NH, and DAYH

lines of induced draft outdoor package units 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.

[[Page 53360]]

The Department is publishing in the Federal Register the

Petition for Waiver in its entirely. The Petition contains no

confidential information. The Department is soliciting comments,

data, and information respecting the Petition.

Sincerely,

Christine A. Ervin,

Assistant Secretary, Energy Efficiency and Renewable Energy.

August 8, 1995.

Assistant Secretary, Conservation & Renewable Energy,

United States Department of Energy, 1000 Independence Avenue, SW.,

Washington, D.C.

Subject: Petition for Waiver and Application for Interim Waiver.

Dear Assistant Secretary: 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 D1NA, DAYA, D1NH, and DAYH lines of

induced draft package gas/electrics.

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 0.4 percent

compared to the same furnace 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 to York International in the

past along with Inter-City Products Corporation, Rheem

Manufacturing, the Trane Company, and others.

Sincerely,

Mark Diesch,

Product Engineer.

[FR Doc. 95-25351 Filed 10-12-95; 8:45 am]

BILLING CODE 6450-01-P