[Federal Register Volume 60, Number 235 (Thursday, December 7, 1995)]
[Notices]
[Pages 62832-62834]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29715]



=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy
[Case No. F-079]


Energy Conservation Program for Consumer Products: Decision and 
Order Granting a Waiver From the Furnace Test Procedure to Carrier 
Corporation

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

ACTION: Decision and Order.

-----------------------------------------------------------------------

SUMMARY: Notice is given of the Decision and Order (Case No. F-079) 
granting a Waiver to Carrier Corporation (Carrier) from the existing 
Department of Energy (DOE) test procedure for furnaces. The Department 
is granting Carrier's Petition for Waiver regarding blower time delay 
in calculation of Annual Fuel Utilization Efficiency (AFUE) for its 
58UXT/330JAV, 58UHV/333BAV, 58UXV/333JAV, 58DXT/331JAV, and 58DNV/
334BAV lines of induced draft 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, Carrier has been granted a Waiver for 
its 58UXT/330JAV, 58UHV/333BAV, 58UXV/333JAV, 58DXT/331JAV, and 58DNV/
334BAV lines of induced draft furnaces, permitting the company to use 
an alternate test method in determining AFUE.

    Issued in Washington, DC, on November 29, 1995.
Christine A. Ervin,
Assistant Secretary, Energy Efficiency and Renewable Energy.

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 

[[Page 62833]]
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.
    Carrier filed a ``Petition for Waiver,'' dated June 28, 1995, in 
accordance with section 430.27 of 10 CFR Part 430. The Department 
published in the Federal Register on August 23, 1995, Carrier's 
petition and solicited comments, data and information respecting the 
petition. 60 FR 43785, August 23, 1995. Carrier also filed an 
``Application for Interim Waiver'' under section 430.27(g) which DOE 
granted on August 14, 1995. 60 FR 43785, August 23, 1995.
    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 Carrier Petition. The FTC 
did not have any objections to the issuance of the waiver to Carrier.

Assertions and Determinations

    Carrier'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. 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 since the 
45-second delay is indicative of how these models actually operate and 
since such a delay results in an overall furnace AFUE improvement of 
approximately 0.6 percent point, 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. Carrier indicates that it is unable to 
take advantage of any of these exceptions for its 58UXT/330JAV, 58UHV/
333BAV, 58UXV/333JAV, 58DXT/331JAV, and 58DNV/334BAV lines of induced 
draft furnaces.
    Since the blower controls incorporated on the Carrier furnaces are 
designed to impose a 45-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 45-second blower time delay when testing the Carrier 58UXT/330JAV, 
58UHV/333BAV, 58UXV/333JAV, 58DXT/331JAV, and 58DNV/334BAV lines of 
induced draft furnaces. Accordingly, with regard to testing the 58UXT/
330JAV, 58UHV/333BAV, 58UXV/333JAV, 58DXT/331JAV, and 58DNV/334BAV 
lines of induced draft furnaces, today's Decision and Order exempts 
Carrier from the existing provisions regarding blower controls and 
allows testing with the 45-second delay.
    It is, therefore, ordered that:
    (1) The ``Petition for Waiver'' filed by Carrier Corporation. (Case 
No. F-079) 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, Carrier Corporation, 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 
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, 
Carrier Corporation 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 58UXT/330JAV, 58UHV/333BAV, 58UXV/333JAV, 58DXT/331JAV, and 58DNV/
334BAV lines of induced draft furnaces manufactured by Carrier 
Corporation.
    (4) This Waiver is based upon the presumed validity of statements, 
allegations, and documentary materials 

[[Page 62834]]
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 November 29, 1995, this Waiver supersedes the Interim 
Waiver granted the
    Carrier Corporation on August 14, 1995. 60 FR 43785, August 23, 
1995 (Case No. F-079).

    Issued In Washington, DC, on November 29, 1995.
Christine A. Ervin
Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. 95-29715 Filed 12-06-95; 8:45 am]
BILLING CODE 6450-01-P