[Federal Register Volume 59, Number 176 (Tuesday, September 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22605]


[[Page Unknown]]

[Federal Register: September 13, 1994]


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DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. F-072]

 

Energy Conservation Program for Consumer Products: Decision and 
Order Granting a Waiver From the Furnace Test Procedure to Evcon 
Industries, Inc.

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

ACTION: Decision and Order.

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SUMMARY: Notice is given of the Decision and Order (Case No. F-072) 
granting a Waiver to Evcon Industries, Inc. (Evcon) from the existing 
Department of Energy (DOE) test procedure for furnaces. The Department 
is granting Evcon's Petition for Waiver regarding blower time delay in 
calculation of Annual Fuel Utilization Efficiency (AFUE) for its AGU, 
BGU, and BGD series gas furnaces.

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) 
586-9138.

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: In accordance with 10 CFR 430.27(g), notice 
is hereby given of the issuance of the Decision and Order as set out 
below. In the Decision and Order, Evcon has been granted a Waiver for 
its AGU, BGU, and BGD series gas furnaces, permitting the company to 
use an alternate test method in determining AFUE.

    Issued in Washington, DC, on September 7, 1994.
Christine A. Ervin,
Assistant Secretary, Energy Efficiency and Renewable Energy.
    In the Matter of: Evcon Industries, Inc. (Case No. F-072)

Background

    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 to create a waiver process. 45 FR 64108, September 26, 
1980. Thereafter, DOE further amended its 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 Assistant 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.
    Evcon filed a ``Petition for Waiver,'' dated May 11, 1994, in 
accordance with section 430.27 of 10 CFR Part 430. The Department 
published in the Federal Register on July 14, 1994, Evcon's petition 
and solicited comments, data and information respecting the 
petition. 59 FR 35916. Evcon also filed an ``Application for Interim 
Waiver'' under section 430.27(g) which DOE granted on July 9, 1994. 
59 FR 35916, July 14, 1994.
    No comments were received concerning either the ``Petition for 
Waiver'' or the ``Interim Waiver.'' The Department consulted with 
The Federal Trade Commission (FTC) concerning the Evcon Petition. 
The FTC did not have any objections to the issuance of the waiver to 
Evcon.

Assertions and Determinations

    Evcon's Petition seeks a waiver from the DOE test provisions 
that require a 1.5-minute time delay between the ignition of the 
burner and the starting of the circulating air blower. 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 since the 30-second delay is indicative of how these models 
actually operate and since such a delay results in a 1.0 to 2.0 
percent improvement in overall energy efficiency, the petition 
should be granted.
    Under specific circumstances, the DOE test procedure contains 
exceptions which allow testing with blower delay times of less than 
the prescribed 1.5 minute delay. Evcon indicates that it is unable 
to take advantage of any of these exceptions for its AGU, BGU, and 
BGD series gas furnaces.
    Since the blower controls incorporated on the Evcon furnaces are 
designed to impose a 30-second blower delay in every instance of 
start up, and since the current provisions do not specifically 
address this type of control, DOE agrees that a waiver should be 
granted to allow the 30-second blower time delay when testing the 
Evcon AGU, BGU, and BGD series gas furnaces. Accordingly, with 
regard to testing the AGU, BGU, and BGD series gas furnaces, today's 
Decision and Order exempts Evcon from the existing provisions 
regarding blower controls and allows testing with the 30-second 
delay.

It is, therefore, ordered that:

    (1) The ``Petition for Waiver'' filed by Evcon Industries, Inc. 
(Case No. F-072) is hereby granted as set forth in paragraph (2) 
below, subject to the provisions of paragraphs (3), (4), and (5).
    (2) Notwithstanding any contrary provisions of Appendix N of 10 
CFR Part 430, Subpart B, Evcon Industries, Inc., shall be permitted 
to test its AGU, BGU, and BGD series gas furnaces on the basis of 
the test procedure specified in 10 CFR Part 430, with modifications 
set forth below:
    (i) Section 3.0 of 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 Standard 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 to Appendix N as follows:
    3.10 Gas- and Oil-Fueled Central Furnaces. The following 
paragraph is in lieu of the requirement specified in section 9.3.1 
of ANSI/ASHRAE Standard 103-82. 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 
circulating 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 stopwatch. 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.
    (iii) With the exception of the modifications set forth above, 
Evcon Industries, Inc. shall comply in all respects with the test 
procedures specified in Appendix N of 10 CFR Part 430, Subpart B.
    (3) The Waiver shall remain in effect from the date of issuance 
of this Order until DOE prescribes final test procedures appropriate 
to the AGU, BGU, and BGD series gas furnaces manufactured by Evcon 
Industries, Inc.
    (4) This Waiver is based upon the presumed validity of 
statements, allegations, and documentary materials submitted by the 
petitioner. This Waiver may be revoked or modified at any time upon 
a determination that the factual basis underlying the petition is 
incorrect.
    (5) Effective September 7, 1994, this Waiver supersedes the 
Interim Waiver granted the Evcon Industries, Inc. on July 9, 1994. 
59 FR 35916, July 14, 1994 (Case No. F-072).

    Issued In Washington, DC, on September 7, 1994.
Christine A. Ervin,
Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. 94-22605 Filed 9-12-94; 8:45 am]
BILLING CODE 6450-01-P