[Federal Register Volume 59, Number 134 (Thursday, July 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-17136]


[[Page Unknown]]

[Federal Register: July 14, 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 Evcon Industries, Inc. (Case 
No. F-072)

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 Evcon Industries, Inc. (Evcon) from the existing Department of 
Energy (DOE) test procedure regarding blower time delay for the 
company's AGU, BGU, and BGD series gas furnaces.
    Today's notice also publishes a ``Petition for Waiver'' from Evcon. 
Evcon's Petition for Waiver requests DOE to grant relief from the DOE 
furnace test procedure relating to the blower time delay specification. 
Evcon seeks to test using a blower delay time of 30 seconds for its 
AGU, BGU, and BGD 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 
August 15, 1994.

ADDRESS: Written comments and statements shall be sent to: Department 
of Energy, Office of Energy Efficiency and Renewable Energy, Case No. 
F-072, 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 May 11, 1994, Evcon filed an Application for Interim Waiver 
regarding blower time delay. Evcon'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, Evcon requests the allowance to test 
using a 30-second blower time delay when testing its AGU, BGU, and BGD 
series gas furnaces. Evcon states that the 30-second delay is 
indicative of how these furnaces actually operate. Such a delay results 
in a 1.0 to 2.0 percent improvement in overall energy efficiency. Since 
current DOE test procedures do not address this variable blower time 
delay, Evcon 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 Evcon an Interim 
Waiver for its AGU, BGU, and BGD series gas furnaces. 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 Evcon 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; July 9, 1994.
Christine A. Ervin,
Assistant Secretary, Energy Efficiency and Renewable Energy.

Department of Energy

Washington, DC 20585

July 9, 1994

Mr. Tom Chase,
Senior Design Engineer, Evcon Industries, Inc., P.O. Box 19014, 
Wichita, KS 67204-9014
    Dear Mr. Chase: This is in response to your May 11, 1994, 
Application for Interim Waiver and Petition for Waiver from the 
Department of Energy (DOE) test procedure regarding blower time 
delay for Evcon Industries, Inc. (Evcon) AGU, BGU, and BGD 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.
    Evcon's Application for Interim Waiver does not provide 
sufficient information to evaluate what, if any, economic impact or 
competitive disadvantage Evcon 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, Evcon's Application for an Interim Waiver from the 
DOE test procedure for its AGU, BGU, and BGD series gas furnaces 
regarding blower time delay is granted.
    Evcon shall be permitted to test its AGU, BGU, and BGD 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,
Christine A. Ervin,
Assistant Secretary, Energy Efficiency and Renewable Energy.

Evcon Industries, Inc.

May 11, 1994.

Mr. Cyrus Nasseri,
Assistant Secretary, Conservation and Renewable Energy, United 
States Department of Energy, 1000 Independence Avenue SW., 
Washington, DC 20585
    Dear Mr. Nasseri: Please consider this petition for waiver and 
application for interim waiver submitted pursuant to title 10 CFR 
430.27. Waiver is requested from the furnace test procedure 
prescribed in Appendix N to Subpart B of Part 430. The current test 
procedure requires a 1.5 minute delay from burner startup to blower 
startup. Evcon is requesting authorization to use a 30 second blower 
delay on our AGU, BGU and BGD Series gas furnaces. These units are 
equipped with an electronic device which controls the blower, using 
a fixed, non-adjustable timing sequence.
    This 30 second time delay reduces the amount of heat lost out of 
the vent system during warm-up, resulting in a 1 to 2 percent 
improvement in overall energy efficiency. The current test procedure 
does not give Evcon credit for this energy savings.
    Evcon has previously been granted waivers regarding furnace 
blower on timings, as have most other manufacturers of gas furnaces. 
Also ASHRAE Standard 103-1993, paragraph 9.5.1.2.2 specifically 
addresses testing of furnaces with fixed blower time delays.
    Confidential test data which verifies these energy savings are 
available to you upon your request. A copy of this petition for 
waiver and application for interim waiver is being sent to other 
domestic manufacturers of similar products.

    Sincerely,
Tom Chase,
Senior Design Engineer.
[FR Doc. 94-17136 Filed 7-13-94; 8:45 am]
BILLING CODE 6450-01-P