[Federal Register Volume 60, Number 198 (Friday, October 13, 1995)]
[Notices]
[Pages 53357-53360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25351]



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[[Page 53358]]


DEPARTMENT OF ENERGY
[Case No. F-081]


Energy Conservation Program for Consumer Products: Granting of 
the Application for Interim Waiver and Publishing of the Petition for 
Waiver of York International From the DOE Furnace Test Procedures

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 
(DOE or Department) test procedure regarding blower time delay for the 
company's D1NA, DAYA, D1NH, and DAYH lines of induced draft outdoor 
package units.
    Today's notice also publishes a ``Petition for Waiver'' from York. 
York's Petition for Waiver requests DOE to grant relief from the DOE 
furnace test procedure relating to the blower time delay specification. 
York seeks to test using a blower delay time of 30 seconds for its 
D1NA, DAYA, D1NH, and DAYH lines of induced draft outdoor package units 
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 
November 13, 1995.

ADDRESSES: Written comments and statements shall be sent to: Department 
of Energy, Office of Energy Efficiency and Renewable Energy, Case No. 
F-081, Mail Stop EE-43, Room 1J-108, 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) 586-9138; 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 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 
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.
    On August 8, 1995, York filed an Application for Interim Waiver and 
a Petition for Waiver regarding blower time delay. York'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, York requests the allowance to 
test using a 30-second blower time delay when testing its D1NA, DAYA, 
D1NH, and DAYH lines of induced draft outdoor package units. 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 0.4 percent point improvement. Since current DOE 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 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, 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, 

[[Page 53359]]
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 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 York an Interim 
Waiver for its D1NA, DAYA, D1NH, and DAYH lines of induced draft 
outdoor package units. 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.
    York's Petition for Waiver requested DOE to grant relief from the 
DOE furnace test procedure relating to the blower time delay 
specification. York seeks to test using a blower delay time of 30 
seconds for its D1NA, DAYA, D1NH, and DAYH lines of induced draft 
outdoor package units instead of the specified 1.5-minute delay between 
burner on-time and blower on-time. 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, D.C., September 28, 1995.
Christine A. Ervin,
Assistant Secretary, Energy Efficiency and Renewable Energy.

Department of Energy,
Washington, DC,
September 28, 1995.
Mr. Mark Diesch
Product Engineer, York International, 5005 Interstate Drive North, 
Norman, Oklahoma 73069.
    Dear Mr. Diesch: This is in response to your August 8, 1995 
Application for Interim Waiver and Petition for Waiver from the 
Department of Energy (DOE or Department) test procedure regarding 
blower time delay for York International (York) D1NA, DAYA, D1NH, 
and DAYH lines of induced draft outdoor package units.
    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, 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.
    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 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, York's Application for an Interim Waiver from the DOE 
test procedure for its D1NA, DAYA, D1NH, and DAYH lines of induced 
draft outdoor package units regarding blower time delay is granted.
    York shall be permitted to test its D1NA, DAYA, D1NH, and DAYH 
lines of induced draft outdoor package units 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. 

[[Page 53360]]

    The Department is publishing in the Federal Register the 
Petition for Waiver in its entirely. The Petition contains no 
confidential information. The Department is soliciting comments, 
data, and information respecting the Petition.
    Sincerely,
Christine A. Ervin,
Assistant Secretary, Energy Efficiency and Renewable Energy.
August 8, 1995.
Assistant Secretary, Conservation & Renewable Energy,
United States Department of Energy, 1000 Independence Avenue, SW., 
Washington, D.C.

Subject: Petition for Waiver and Application for Interim Waiver.

    Dear Assistant Secretary: 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 D1NA, DAYA, D1NH, and DAYH lines of 
induced draft package gas/electrics.
    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 0.4 percent 
compared to the same furnace 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 to York International in the 
past along with Inter-City Products Corporation, Rheem 
Manufacturing, the Trane Company, and others.
    Sincerely,
Mark Diesch,
Product Engineer.
[FR Doc. 95-25351 Filed 10-12-95; 8:45 am]
BILLING CODE 6450-01-P