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

DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. F-088]

Energy Conservation Program for Consumer Products: Granting of

the Application for Interim Waiver and Publishing of the Petition for

Waiver of Nordyne From the DOE Furnace Test Procedure

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

Energy.

ACTION: Notice.

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SUMMARY: Today's notice grants an Interim Waiver to Nordyne from the

existing Department of Energy (DOE or Department) test procedure

regarding blower time delay for the company's G5RD and G5RL series

furnaces.

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

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

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

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

seconds for its G5RD and G5RL series 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

November 21, 1996.

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

of Energy, Office of Codes and Standards, Case No. F-088, Mail Stop EE-

43, Room 1J-018, Forrestal Building, 1000 Independence Avenue, SW,

Washington, D.C. 20585-0121, (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-43, Forrestal

Building, 1000 Independence Avenue, SW, Washington, D.C. 20585-0121,

(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, D.C. 20585-0103, (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, as amended (EPCA), 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 Title 10 CFR Part 430,

Subpart B.

The Department amended the test procedure rules to provide for a

waiver process by adding Section 430.27 to Title 10 CFR Part 430. 45 FR

64108, September 26, 1980. Subsequently, DOE amended the 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. Title 10 CFR Part 430,

Section 430.27(a)(2).

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.

An Interim Waiver will be granted if 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. Title 10 CFR

Part 430, Section 430.27 (g). 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 September 6, 1996, Nordyne filed an Application for Interim

Waiver and a Petition for Waiver regarding blower time delay. Nordyne'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, Nordyne requests the

allowance to test using a 30-second blower time delay when testing its

G5RD and G5RL series furnaces. Nordyne states that the 30-second delay

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

results in an approximately 2.0 percent increase in AFUE. Since current

DOE test procedures do not address this variable blower time delay,

Nordyne 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 Petitions for Waiver 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, 58 FR 68138,

December 23, 1993, and 60 FR 62835, December 7, 1995; 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,

56 FR 63945, December 6, 1991 and 61 FR 27057, May 30, 1996; 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,

59 FR 14394, March 28, 1994, and 60 FR 62832, December 7, 1995; 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, 59 FR 12586, March 17, 1994 and 61 FR 17289, April 19,

1996; 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, and 61 FR

[[Page 54784]]

17887, April 23, 1996; Consolidated Industries Corporation, 57 FR

22220, May 27, 1992, and 61 FR 4262, February 5, 1996; 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, 59 FR 30578, June 14, 1994, and 61 FR 50812, September 27,

1996; and York International Corporation, 59 FR 46969, September 13,

1994, 60 FR 100, January 3, 1995, 60 FR 62834, December 7, 1995, and 60

FR 62837, December 7, 1995.

Thus, it appears likely that this Petition for Waiver for blower

time delay will be granted. 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 Nordyne an Interim

Waiver for its G5RD and G5RL series furnaces. Nordyne shall be

permitted to test its G5RD and G5RL series furnaces on the basis of the

test procedures specified in Title 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.

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

DOE furnace test procedure relating to the blower time delay

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

seconds for its G5RD and G5RL series furnaces instead of the specified

1.5-minute delay between burner on-time and blower on-time. Pursuant to

paragraph (b) of Title 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, October 15, 1996.

Christine A. Ervin,

Assistant Secretary, Energy Efficiency and Renewable Energy.

NORDYNE

September 6, 1996.

Ms. Christine A. Ervin,

Assistant Secretary, Energy Efficiency and Renewable Energy,

Department of Energy, 1000 Independence Avenue SW, Washington, D.C.

20585.

Subject: Petition for Waiver and Application for Interim Waiver.

Dear Assistant Secretary Ervin: This is to submit a Petition for

Waiver and an Application for Interim Waiver from requirements of

the Department of Energy test procedure, prescribed in 10 CFR Part

430, Subpart B, Appendix N for home heating furnaces. The waiver

concerns operation of the circulating blower in gas-fired furnaces

manufactured by NORDYNE.

Waiver is requested for NORDYNE model G5RD and G5RL furnaces,

which incorporate a control with a fixed circulating blower-on delay

of 30 seconds. The DOE procedure requires that in testing these

furnaces, the circulating blower be started 1\1/2\ minutes after

burner ignition, ignoring the benefit of this control. Operation

with the 1\1/2\ minute delay decreases the Annual Fuel Utilization

Efficiency of these furnaces by approximately two percentage points.

NORDYNE has data supporting this fact and will forward it if

required.

Since the requested waiver is essentially identical to those

granted to many other manufacturers, NORDYNE believes that DOE is

fully aware of the competitive disadvantage NORDYNE will experience

if the waiver is not granted. In view of the waivers already

granted, NORDYNE is also confident that DOE will grant its petition.

In anticipation of that action, NORDYNE requests an interim waiver

until DOE acts on the Petition for Waiver.

Manufacturers who sell furnaces similar to those for which the

waiver is requested are being sent a copy of this Petition for

Waiver and Application for Interim Waiver. A list of these

manufacturers is attached.

Your early action on this request would be appreciated.

Production of these furnaces is scheduled for the very near future.

Sincerely,

Bradley J. Campbell,

Vice President, Engineering.

List of Manufacturers

Mr. Marty Schonberger, The Adams Manufacturing Co., 9790 Midwest

Avenue, Cleveland, OH 44125-2425.

Mr. Stan McGill, Amana Refrigeration, Inc., 1810 Wilson Parkway,

Fayetteville, TN 37334-3547.

Mr. Ed French, Armstrong Air Conditioning Inc., 421 Monroe Street,

Bellevue, OH 44811-1730.

Mr. David Swanson, Atwood Mobile Products, 4750 Hiawatha Drive,

Rockford, IL 61103-1232.

Mr. Richard O. Bard, Bard Manufacturing Co., P.O. Box 607, 1914

Randolph Drive, Bryan, Ohio 43506-0607.

Mr. John J. Meade, Jr., Boyertown Furnace Company, 156 Holly Road,

Boyertown, PA 19512.

Mr. Matthew J. Chadderdon, Carrier Corporation, Carrier Parkway, P.O.

Box 4808, Syracuse, New York 13221-4808.

Mr. Richard Hutchinson, Jr., Consolidated Ind. Corp., P.O. Box 7800,

Lafayette, IN 47903-7800.

Mr. Jerry Ward, DMD Industries, 41 Fisher Avenue, Bradford, PA 16701-

1649.

Mr. Johnny Johnson, Duncan Heating Division, Suite 200, Dutch Plaza,

800 Dutch Square Blvd., Columbia, SC 29210-7317.

Mr. Alan Zimmerman, Evcon Industries, Inc., 3110 N. Mead, P.O. Box

19014, Wichita, KS 67219-4057.

Mr. Alberto da Rosa, Goettl Air Conditioning Inc., 3830 E. Wier Avenue,

Phoenix, AZ 85040-2936.

Mr. Peter H. Alexander, Goodman Manufacturing Corp., 1501 Seamist,

Houston, TX 77008-5031.

[[Page 54785]]

Mr. W. Michael Clevy, Inter City Products Corp.,1136 Heil Quaker Blvd.,

P.O. Box 3005, LaVergne, TN 37086.

Mr. David Lewis, Lennox Industries Inc., P.O. Box 799900, Dallas, TX

75379.

Mr. Tom Koepke, Metzher Machine Corp., 8155 No. 76th Street, Milwaukee,

WI 53223-3203.

Mr. Dick R. McCullogh, Reznor, A Thomas and Betts Co., 150 McKinley

Avenue, Mercer, PA 16137-1326.

Mr. Ross W. Willis, Rheem Air Conditioning Division, 5600 Old Greenwood

Road, P.O. Box 17010, Fort Smith, AR 72903-6586.

Mr. Walter J. Markowski, Sterling Gas Products, Division of Mestek,

Inc., 260 North Elm Street, Westfield, MA, 01085-1614.

Mr. Bobby Vincent, Suburban Mfg. Co., 676 Broadway Street, P.O. Box

399, Dayton, TN 37321-1120.

Mr. Everett James, Thermo-Products Inc., 5235 West Street Road 10, P.O.

Box 217, No. Judson, IN 46366-8851.

Mr. James T. VerShaw, The Trane Company, 6200 Troup Highway, Tyler, TX

75711.

Mr. Theron C. Stroke, Victa Hytemp Industrial Inc., 5540 Route 362,

Bliss, NY, 14024-9775.

Mr. Gerald W. Sank, Welbilt Corp., 225 High Ridge Road, Stamford, CT

06905-3000.

Mr. Dennis Aughenbaugh, York International Corp., P.O. Box 1592, York,

PA 17405-1592.

[FR Doc. 96-27029 Filed 10-21-96; 8:45 am]

BILLING CODE 6450-01-P