[Federal Register Volume 59, Number 79 (Monday, April 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-9927]


[[Page Unknown]]

[Federal Register: April 25, 1994]


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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