[Federal Register Volume 60, Number 166 (Monday, August 28, 1995)]
[Notices]
[Pages 44481-44483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21284]



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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy
[Case No. F-078]


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 York 
International

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 York International (York) from the existing Department of Energy 
(the Department) test procedure regarding blower time delay for the 
company's P2UR and PBLU lines of condensing furnaces.
    Today's notice also publishes a ``Petition for Waiver'' from York. 
York's Petition for Waiver requests the Department to grant relief from 
its furnace test procedure relating to the blower time delay 
specification. York seeks to test using a blower delay time of 30 
seconds for its P2UR, and PBLU lines of condensing 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: The Department will accept comments, data, and information not 
later than September 27, 1995.

ADDRESSES: Written comments and statements shall be sent to: U.S. 
Department of Energy, Office of Energy Efficiency and Renewable Energy, 
Case No. F-078, 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 

[[Page 44482]]
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 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 26, 1995, York filed an Application for Interim Waiver 
regarding blower time delay. York'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, York requests the allowance to test 
using a 30-second blower time delay when testing its P2UR, and PBLU 
lines of condensing furnaces. York states that the 30-second delay is 
indicative of how these furnaces actually operate. Such a delay results 
in an overall furnace AFUE of approximately 1.5 percent points 
improvement. Since the Department's current test procedures do not 
address this variable blower time delay, York 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 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, 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 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, 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.
    In those instances where the likely success of the Petition for 
Waiver has been demonstrated based upon the Department 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 York an 
Interim Waiver for its P2UR and PBLU lines of condensing 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 York 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 20, 1995.
Christine A. Ervin,
Assistant Secretary, Energy Efficiency and Renewable Energy.

Department of Energy

August 21, 1995.
Mr. Michael B. Eberlein, P.E.,
Engineering Manager--Furnace Products, Unitary Products Group, York 
International, P.O. Box 4022, Elyria, OH 44036.

    Dear Mr. Eberlein: This is in response to your June 26, 1995, 
Application for Interim Waiver and Petition for Waiver from the 
Department of Energy (the Department) test procedure regarding 
blower time delay for York International (York) P2UR and PBLU lines 
of condensing furnaces.
    Previous waivers for this type of timed blower delay control 
have been granted by the Department 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, 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 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, 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. 

[[Page 44483]]

    York's Application for Interim Waiver does not provide 
sufficient information to evaluate what, if any, economic impact or 
competitive disadvantage York 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 the Department 
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, York's Application for an Interim Waiver from the 
Department test procedure for its P2UR and PBLU lines of condensing 
furnaces regarding blower time delay is granted.
    York shall be permitted to test its P2UR, and PBLU lines of 
condensing 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 the 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.
York Central Environmental Systems; York International

June 26, 1995.
Assistant Secretary, Conservation & Renewable Energy
United States Department of Energy, 1000 Independence Avenue, SW., 
Washington, DC 20585.

    Subject: Petition for Waiver and Application for Interim Waiver.
    Gentlemen: This is a Petition for Waiver and Application for 
Interim Waiver submitted pursuant to Title 10 CFR 430.27, as amended 
14 November 1986. Waiver is requested from the test procedures for 
measuring the Energy Consumption of Furnaces found in Appendix N of 
Subpart B to Part 430, specifically the section requiring a 1.5 
minute delay between burner ignition and start-up of the circulating 
air blower.
    York International requests a waiver from the specified 1.5 
minute delay, and seeks authorization in its furnace efficiency test 
procedures and calculations to utilize a fixed timing control that 
will energize the circulating air blower 30 seconds after the gas 
valve opens. A control of this type with a fixed 30 second blower 
on-time will be utilized in our P2UR an PBLU lines of condensing 
furnaces.
    The current test procedure does not credit York for additional 
energy savings that occur when a shorter blower on-time is utilized. 
Test data for these furnaces with a 30 second delay indicate that 
the overall furnace AFUE will increase approximately 1.5 percentage 
points compared to the same furnace when tested with the 1.5 minute 
delay. Copies of the confidential test data confirming these energy 
savings will be forwarded to you upon request.
    York International is confident that this waiver will be 
granted, as similar waivers have been granted in the past to Coleman 
Company, Magic Chef Company, Rheem Manufacturing, the Trane Company, 
Carrier Corporation, Lennox Industries, Amana Refrigeration, Goodman 
Manufacturing Company and others.
    Manufacturers that domestically market similar products are 
being sent a copy of this Petition for Waiver and Application for 
Interim Wavier.

      Sincerely,
Michael B. Eberlein, P.E.
Engineering Manager--Furnace Products, Unitary Products Group.
[FR Doc. 95-21284 Filed 8-25-95; 8:45 am]
BILLING CODE 6450-01-P-M