[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: 94-10578]


[[Page Unknown]]

[Federal Register: May 3, 1994]


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DEPARTMENT OF ENERGY
(Case No. F-069)

 

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 DMO Industries

AGENCY: Office of Energy Efficiency and Renewable Energy, DOE.

ACTION: Notice.

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SUMMARY: Today's notice publishes a letter granting an Interim Waiver 
to DMO Industries (DMO) from the existing Department of Energy (DOE) 
test procedure regarding blower time delay for the company's HDS series 
gas furnaces.
    Today's notice also publishes a ``Petition for Waiver'' from DMO. 
DMO's Petition for Waiver requests DOE to grant relief from the DOE 
furnace test procedure relating to the blower time delay specification. 
DMO seeks to test using a blower delay time of 30 seconds for its HDS 
series 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-069, 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 4, 1994, DMO filed an Application for Interim Waiver 
regarding blower time delay. DMO'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, DMO requests the allowance to test using a 30-second 
blower time delay when testing its HDS series gas furnaces. DMO states 
that the 30-second delay is indicative of how these furnaces actually 
operate. Such a delay results in an increase in AFUE of 2.0 percentage 
points. Since current DOE test procedures do not address this variable 
blower time delay, DMO 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 DMO an Interim 
Waiver for its HDS series 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 DMO was issued.
    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, DC April 19, 1994.
Frank M. Stewart, Jr.,
Acting Chief of Staff, Energy Efficiency and Renewable Energy.

April 19, 1994.
Mr. Kyu S. Hwang, P.E.,
Manager of Engineering, Research, and Development, DMO Industries, 
P.O. Box 900, Wallaceburg, Ontario N8A 5E5.

    Dear Mr. Hwang: This is in response to your March 4, 1994, 
Application for Interim Waiver and Petition for Waiver from the 
Department of Energy (DOE) test procedure regarding blower time 
delay for DMO Industries (DMO) HDS series 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.
    DMO's Application for Interim Waiver does not provide sufficient 
information to evaluate what, if any, economic impact or competitive 
disadvantage DMO 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, DMO's Application for an Interim Waiver from the DOE 
test procedure for its HDS series gas furnaces regarding blower time 
delay is granted.
    DMO shall be permitted to test its HDS series 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 4, 1994.
Assistant Secretary, Conservation and Renewable Energy, United 
States Department of Energy, 1000 Independence Avenue, SW., 
Washington, DC 20585.

Subject: Petitions for Waiver and Interim Waiver.

    Dear Secretary: Please consider this letter as a Petition for 
Waiver and Application for Interim Waiver, submitted pursuant to 
Title 10 CFR 430.27. DMO Industries is requesting a waiver from the 
furnace test procedure which requires a 90 second delay between 
burner ignition and blower start-up.
    DMO requests authorization to reduce the 90 second delay to 30 
seconds when testing our HDS series, high efficiency, residential 
gas furnaces. The HDS series includes the following models as listed 
in the GAMA (Gas Appliance Manufacturers Association) certification 
program:

HDS 40MS
HDS 50MS (60/50MS)
HDS 60MS
HDS 60M (70/60M)
HDS 70M
HDS 80M (90/80M)
HDS 90M
HDS 90MF (100/90M)
HDS 100M
HDS 110M (120/110M)
HDS 120M

    DMO is currently switching all controls on this series to a 30 
second blower-on delay by a timed controller, which cannot be 
adjusted by the installer, or service person.
    Our tests indicate that by using the 30 second delay, AFUE 
values increase by up to 2.0 points, depending on the model. We feel 
that this is a substantial benefit to our customers and would like 
to reflect this through the higher AFUE values. Confidential Test 
data is available upon request which confirms the above claim.
    We are confident that both an Interim Waiver and final Waiver 
will be granted us on the basis that many similar petitions have 
already been granted on our competitors.
    A copy of this petition for Waiver and Application for Interim 
Waiver is being sent to manufacturers who market similar equipment.

      Sincerely,
Kyu S. Hwang, P. Eng.,
Manager of Engineering, Research and Development.
[FR Doc. 94-10578 Filed 5-2-94; 8:45 am]
BILLING CODE 6450-01-P