[Federal Register Volume 59, Number 84 (Tuesday, May 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10577]


[[Page Unknown]]

[Federal Register: May 3, 1994]


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DEPARTMENT OF ENERGY
Office of 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 DOE Furnace Test Procedures From Armstrong Air Conditioning 
Inc. (Case No. F-070)

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 Armstrong Air Conditioning Inc. (Armstrong) from the existing 
Department of Energy (DOE) test procedure regarding blower time delay 
for the company's GUK and GCK condensing gas furnaces, and GUJ, GCJ, 
and GHJ non-condensing gas furnaces.
    Today's notice also publishes a ``Petition for Waiver'' from 
Armstrong. Armstrong's Petition for Waiver requests DOE to grant relief 
from the DOE furnace test procedure relating to the blower time delay 
specification. Armstrong seeks to test using a blower delay time of 30 
seconds for its GUK and GCK condensing gas furnaces and GUJ, GCJ, and 
GHJ non-condensing gas 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 
June 2, 1994.

ADDRESSES: Written comments and statements shall be sent to: Department 
of Energy, Office of Energy Efficiency and Renewable Energy, Case No. 
F-070, Mail Stop EE-43, room 5E-066, 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) 
586-7140
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 
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 March 11, 1994, and the addendum of April 6, 1994, Armstrong 
filed an Application for Interim Waiver regarding blower time delay. 
Armstrong'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, 
Armstrong requests the allowance to test using a 30-second blower time 
delay when testing its GUK and GCK condensing gas furnaces and GUJ, 
GCJ, and GHJ non-condensing gas furnaces. Armstrong states that the 30-
second delay is indicative of how these furnaces actually operate. Such 
a delay results in an increase in AFUE of 1.2 percentage points for GUK 
and GCK condensing gas furnaces, and 0.8 percentage point for GUJ, GCJ, 
and GHJ non-condensing gas furnaces. Since current DOE test procedures 
do not address this variable blower time delay, Armstrong 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, 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, 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 Armstrong an Interim 
Waiver for its GUK and GCK condensing gas furnaces and GUJ, GCJ, and 
GHJ non-condensing gas 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 Armstrong 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.

    Issued in Washington, DC, April 20, 1994.
Frank M. Stewart, Jr.,
Acting Chief of Staff, Energy Efficiency and Renewable Energy.
Mr. Bruce R. Maike,
Vice President, Product Engineering, Armstrong Air Conditioning 
Inc., 421 Monroe Street, Bellevue, OH 44811.

    Dear Mr. Maike: This is in response to your March 11, 1994, and 
the addendum of April 6, 1994, Application for Interim Waiver and 
Petition for Waiver from the Department of Energy (DOE) test 
procedure regarding blower time delay for Armstrong Air Conditioning 
Inc. (Armstrong) GUK and GCK condensing gas furnaces, and GUJ, GCJ, 
and GHJ non-condensing gas 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, 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, 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.
    Armstrong's Application for Interim Waiver does not provide 
sufficient information to evaluate what, if any, economic impact or 
competitive disadvantage Armstrong 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, Armstrong's Application for an Interim Waiver from 
the DOE test procedure for its GUK and GCK condensing gas furnaces, 
and GUJ, GCJ, and GHJ non-condensing gas furnaces regarding blower 
time delay is granted.
    Armstrong shall be permitted to test its GUK and GCK condensing 
gas furnaces, and GUJ, GCJ, and GHJ non-condensing gas 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 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.

March 11, 1994.
Assistant Secretary, Conservation and Renewable Energy, United 
States Department of Energy, 1000 Independence Ave., SW., 
Washington, DC 20585.

Subject: Petition for Wavier and Application of Interim Waiver.

    Gentlemen: This is a Petition for Waiver and application of 
Interim Waiver submitted pursuant to Title 10 CFR 430.28. Waiver is 
requested from the test procedure for measuring Furnace Energy 
Consumption as found in appendix H to subpart B of part 430.
    The current test requires a 1.5 minute delay between burner 
ignition and the start of the circulating air blower. Armstrong Air 
Conditioning Inc. is requesting waiver and authorization to use a 
timed on delay instead of the specified 1.5 minutes for blower 
start-up after main burner ignition. Armstrong intends to use a 
fixed timing control on our GUK and GCK condensing gas furnaces and 
on our GUJ, GCJ, and GHJ non-condensing gas furnaces to gain 
additional energy savings that are achieved with the use of shorter 
blower on times.
    Test data for these furnaces with a timed on delay indicates an 
increase in AFUE. The use of a timed on delay reduces flue losses 
thus increasing furnace efficiency. Copies of confidential test data 
confirming these energy savings will be forwarded to you upon 
request.
    The current test procedure does not give Armstrong credit for 
the energy savings that can be obtained using fixed timing. ASHRAE 
103-1993 test procedure that is under consideration by D.O.E. 
addresses the use of timed blower operation. Section 9.6.1 of ASHRAE 
103-1993 requires testing of a furnace with this type of control to 
be set to its maximum setting. Armstrong's intent would be to 
request testing at this maximum setting. Granting of this Waiver 
permits testing of similar competitive products to be rated on a 
comparable basis to that of Armstrong.
    Armstrong is confident that this Waiver will be granted, and 
therefore requests an Interim Waiver be granted until a final ruling 
is made. Armstrong, as well as other manufacturers of domestic 
furnaces, have been granted similar waivers.
    Manufacturers that domestically market similar products have 
been sent a copy of this Petition for Waiver and Application for 
Interim Waiver.

      Sincerely,

Armstrong Air Conditioning Inc.
Bruce R. Maike,
Vice President Product Engineering.

April 6, 1994.
Assistant Secretary, Conservation and Renewable Energy, United 
States Department of Energy, 1000 Independence Ave., SW., 
Washington, DC 20585.

Attention: Mr. Cyrus Nasseri.

Subject: March 11, 1994 Petition for Waiver Addendum.

    Sir: Inadvertently in our Petition for Waiver and application 
for Interim Waiver, the delay on timing and the additional increase 
in AFUE was left out. Our intent is to use a 30 second delay between 
burner ignition and the start of the circulating air blower. An 
increase of 1.2 percentage points in AFUE can be achieved on the GUK 
and GCK condensing furnaces and an increase of .8 percentage points 
on the GUJ, GCJ, and GHJ furnaces.
    Please consider this information upon reviewing the Petition for 
Waiver and application for Interim Waiver. Should you require any 
additional information, please feel free to contact me.

      Sincerely,

Armstrong Air Conditioning Inc.
Bruce R. Maike,
Vice President Product Engineering.
[FR Doc. 94-10577 Filed 5-2-94; 8:45 am]
BILLING CODE 6450-01-M