[Federal Register Volume 60, Number 163 (Wednesday, August 23, 1995)]
[Notices]
[Pages 43785-43787]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20879]



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DEPARTMENT OF ENERGY
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 the Department of Energy Furnace Test Procedures From Carrier 
Corporation (Case No. F-079)

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 Carrier Corporation (Carrier) from the existing Department of Energy 
(DOE or Department) furnace test procedure regarding blower time delay 
for the company's 58UXT/330JAV, 58UHV/333BAV, 58UXV/333JAV, 58DXT/
331JAV, and 58DNV/334BAV lines of induced draft furnaces.
    Today's notice also publishes a ``Petition for Waiver'' from 
Carrier. Carrier's Petition for Waiver requests DOE to grant relief 
from the DOE furnace test procedure relating to the blower time delay 
specification. Carrier seeks to test using a blower delay time of 45 
seconds for its 58UXT/330JAV, 58UHV/333BAV, 58UXV/333JAV, 58DXT/331JAV, 
and 58DNV/334BAV lines of induced draft 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 
September 22, 1995.

ADDRESSES: Written comments and statements shall be sent to: Department 
of Energy, Office of Energy Efficiency and Renewable Energy, Case No. 
F-079, Mail Stop EE-43, Room 1J-108, Forrestal Building, 1000 
Independence Avenue, SW., Washington, DC 20585, (202) 586-7574.

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: 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 the Department 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, the Department 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 the Department 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 the 
Department issues its determination on the Petition for Waiver, 
whichever is sooner, and may be extended for an additional 180 days, if 
necessary.
    On June 28, 1995, Carrier filed an Application for Interim Waiver 
regarding blower time delay. Carrier's Application seeks an Interim 
Waiver from the Department's test provisions that require a 1.5-minute 
time delay between the ignition of the burner and starting of the 
circulating air blower. Instead, Carrier requests the allowance to test 
using a 45-second blower time delay when testing its 58UXT/330JAV, 
58UHV/333BAV, 58UXV/333JAV, 58DXT/331JAV, AND 58DNV/334BAV lines of 
induced draft furnaces. Carrier states that the 45-second delay is 
indicative of how these furnaces actually operate. Such a delay results 
in an overall furnace AFUE of approximately 0.6 percent point 
improvement. Since the Department's current test procedures do not 
address this variable blower time delay, Carrier 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 the Department of 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, 57 FR 34560, August 5, 
1992; 59 FR 30577, June 14, 1994, and 59 FR 55479, November 7, 1994; 
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 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, and 59 FR 

[[Page 43786]]
30579, June 14, 1994; 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, FR 10161, March 24, 1992, 57 FR 
39193, August 28, 1992, 57 FR 54230, November 17, 1992, and 59 FR 
30575, June 14, 1994; Thermo Products, Inc., 57 903, January 9, 1992; 
Consolidated Industries Corporation, 57 FR 22220, May 27, 1992; Evcon 
Industries, Inc., 57 FR 47847, October 20, 1992, and 59 FR 46968, 
September 13, 1994; Bard Manufacturing Company, 57 FR 53733, November 
12, 1992, and 59 FR 30578 June 14, 1994; and York International 
Corporation, 59 FR 46969, September 13, 1994, and 60 FR 100, January 3, 
1995. 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 the Department's 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, the Department is granting Carrier 
an Interim Waiver for its 58UXT/330JAV, 58UHV/333BAV, 58UXV/333JAV, 
58DXT/331JAV, and 58DNV/334BAV lines of induced draft 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 Carrier was issued.
    Pursuant to paragraph (b) of 10 CFR Part 430.27, the Department 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 August 14, 1995.
Christine A. Ervin,
Assistant Secretary, Energy Efficiency and Renewable Energy.

Mr. Daniel J. Dempsey, P.E.,
Director, Heating Products Development, Residential Products Group, 
Carrier Corporation, 7310 West Morris Street, P.O. Box 70, 
Indianapolis, IN 46206-0070

    Dear Mr. Dempsey: This is in response to your June 28, 1995, 
Application for Interim Waiver and Petition for Waiver from the 
Department of Energy (the Department) test procedure, regarding 
blower time delay for Carrier Corporation (Carrier) 58UXT/330JAV, 
58UHV/333BAV, 58UXV/333JAV, 58DXT/331JAV, and 58DNV/334BAV lines of 
induced draft furnaces.
    Previous waivers for this type of timed blower delay control 
have been granted by the Department of 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, 57 FR 34560, 
August 5, 1992, 59 FR 30577, June 14, 1994, and 59 FR 55470, 
November 7, 1994; 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, and 59 FR 30579, June 14, 1994; 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 48 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, 57 FR 54230, November 17, 1992, and 59 FR 30575, 
June 14, 1994; 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 59 FR 
46968, September 13, 1994; Bard Manufacturing Company, 57 FR 53733, 
November 12, 1992, and 59 FR 30578, June 14, 1994; and York 
International Corporation, 59 FR 46969, September 13, 1994, and 60 
FR 100, January 3, 1995. Thus, it appears likely that the Petition 
for Waiver will be granted for blower time delay.
    Carrier's Application for Interim Waiver does not provide 
sufficient information to evaluate what, if any, economic impact or 
competitive disadvantage Carrier 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, Carrier's Application for an Interim Waiver from the 
DOE test procedure for its 58UXT/330JAV, 58UHV/333BAV, 58UXV/333JAV, 
58DXT/331JAV, and 58DNV/334BAV lines of induced draft furnaces 
regarding blower time delay is granted.
    Carrier shall be permitted to test its 58UXT/330JAV, 58UHV/
333BAV, 58UXV/333JAV, 58DXT/331JAV, and 58DNV/334BAV lines of 
induced draft 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 Wavier 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 the 

[[Page 43787]]
Department 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.

June 28, 1995.
The Assistant Secretary for Conservation and Renewable Energy
United States Department of Energy, 1000 Independence Avenue, S.W., 
Washington, D.C. 20585

Subject: Petition for Waiver and Application for Interim Waiver

    Gentlemen: This is a petition for Waiver and Application for 
Interim Waiver which are submitted pursuant to title 10 CFR 430.27 
as amended November 14, 1986. Waiver is requested from Test 
Procedures for Measuring the Energy Consumption of Furnaces found in 
Appendix N to Subpart B of Part 430.
    Under the existing Test Procedure, a 1.5 minute time delay 
between burner and blower startup is required. Carrier requests a 
waiver from the specified 1.5 minute delay. In its place, we request 
the use of a 45-second delay on Carrier's line of 58UXT/330JAV, 
58UHV/333BAV, 58UXV/333JAV, and 58DNV/334BAV induced draft furnaces.
    The time delay in all lines of equipment is fixed within the 
furnace control, and cannot be adjusted by the installer or 
servicer.
    The current test producers do not credit Carrier for the energy 
savings associated with the shorter blower time delays. Test data on 
our mid-efficiency furnaces show a decrease in the heat-up cycle 
energy losses when using the 45-second delay, resulting in an 
increase in AFUE of approximately 0.6 AFUE points. Confidential 
supporting test data is available upon request.
    Carrier is confident that a waiver will be granted for public 
reasons in the light of previous rulings in which DOE granted 
waivers of this type to Carrier, Lennox Industries, Inter-City 
Products, Amana, Rheem Manufacturing, and the Trane Company

      Respectfully,
Daniel J. Dempsey, P.E.,
Director, Heating Products Development, Residential Products Group, 
Carrier Corporation.
[FR Doc. 95-20879 Filed 8-22-95; 8:45 am]
BILLING CODE 6450-01-M