[Federal Register Volume 61, Number 205 (Tuesday, October 22, 1996)]
[Notices]
[Pages 54783-54785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-27029]



[[Page 54783]]

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DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. F-088]


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

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

ACTION: Notice.

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SUMMARY: Today's notice grants an Interim Waiver to Nordyne from the 
existing Department of Energy (DOE or Department) test procedure 
regarding blower time delay for the company's G5RD and G5RL series 
furnaces.
    Today's notice also publishes a ``Petition for Waiver'' from 
Nordyne. Nordyne's Petition for Waiver requests DOE to grant relief 
from the DOE furnace test procedure relating to the blower time delay 
specification. Nordyne seeks to test using a blower delay time of 30 
seconds for its G5RD and G5RL series 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 
November 21, 1996.

ADDRESSES: Written comments and statements shall be sent to: Department 
of Energy, Office of Codes and Standards, Case No. F-088, Mail Stop EE-
43, Room 1J-018, Forrestal Building, 1000 Independence Avenue, SW, 
Washington, D.C. 20585-0121, (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-43, Forrestal 
Building, 1000 Independence Avenue, SW, Washington, D.C. 20585-0121, 
(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, D.C. 20585-0103, (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, as amended (EPCA), 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 Title 10 CFR Part 430, 
Subpart B.
    The Department amended the test procedure rules to provide for a 
waiver process by adding Section 430.27 to Title 10 CFR Part 430. 45 FR 
64108, September 26, 1980. Subsequently, DOE amended the 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. Title 10 CFR Part 430, 
Section 430.27(a)(2).
    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.
    An Interim Waiver will be granted if 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. Title 10 CFR 
Part 430, Section 430.27 (g). 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 September 6, 1996, Nordyne filed an Application for Interim 
Waiver and a Petition for Waiver regarding blower time delay. Nordyne'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, Nordyne requests the 
allowance to test using a 30-second blower time delay when testing its 
G5RD and G5RL series furnaces. Nordyne states that the 30-second delay 
is indicative of how these furnaces actually operate. Such a delay 
results in an approximately 2.0 percent increase in AFUE. Since current 
DOE test procedures do not address this variable blower time delay, 
Nordyne 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 Petitions for Waiver 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, 58 FR 68138, 
December 23, 1993, and 60 FR 62835, December 7, 1995; 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, 
56 FR 63945, December 6, 1991 and 61 FR 27057, May 30, 1996; 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, 
59 FR 14394, March 28, 1994, and 60 FR 62832, December 7, 1995; 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, 59 FR 12586, March 17, 1994 and 61 FR 17289, April 19, 
1996; 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, and 61 FR

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17887, April 23, 1996; Consolidated Industries Corporation, 57 FR 
22220, May 27, 1992, and 61 FR 4262, February 5, 1996; 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, 59 FR 30578, June 14, 1994, and 61 FR 50812, September 27, 
1996; and York International Corporation, 59 FR 46969, September 13, 
1994, 60 FR 100, January 3, 1995, 60 FR 62834, December 7, 1995, and 60 
FR 62837, December 7, 1995.
    Thus, it appears likely that this Petition for Waiver for blower 
time delay will be granted. 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 Nordyne an Interim 
Waiver for its G5RD and G5RL series furnaces. Nordyne shall be 
permitted to test its G5RD and G5RL series furnaces on the basis of the 
test procedures specified in Title 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.
    Nordyne's Petition for Waiver requests DOE to grant relief from the 
DOE furnace test procedure relating to the blower time delay 
specification. Nordyne seeks to test using a blower delay time of 30 
seconds for its G5RD and G5RL series furnaces instead of the specified 
1.5-minute delay between burner on-time and blower on-time. Pursuant to 
paragraph (b) of Title 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, DC, October 15, 1996.
Christine A. Ervin,
Assistant Secretary, Energy Efficiency and Renewable Energy.

NORDYNE

September 6, 1996.
Ms. Christine A. Ervin,
Assistant Secretary, Energy Efficiency and Renewable Energy, 
Department of Energy, 1000 Independence Avenue SW, Washington, D.C. 
20585.

Subject: Petition for Waiver and Application for Interim Waiver.

    Dear Assistant Secretary Ervin: This is to submit a Petition for 
Waiver and an Application for Interim Waiver from requirements of 
the Department of Energy test procedure, prescribed in 10 CFR Part 
430, Subpart B, Appendix N for home heating furnaces. The waiver 
concerns operation of the circulating blower in gas-fired furnaces 
manufactured by NORDYNE.
    Waiver is requested for NORDYNE model G5RD and G5RL furnaces, 
which incorporate a control with a fixed circulating blower-on delay 
of 30 seconds. The DOE procedure requires that in testing these 
furnaces, the circulating blower be started 1\1/2\ minutes after 
burner ignition, ignoring the benefit of this control. Operation 
with the 1\1/2\ minute delay decreases the Annual Fuel Utilization 
Efficiency of these furnaces by approximately two percentage points. 
NORDYNE has data supporting this fact and will forward it if 
required.
    Since the requested waiver is essentially identical to those 
granted to many other manufacturers, NORDYNE believes that DOE is 
fully aware of the competitive disadvantage NORDYNE will experience 
if the waiver is not granted. In view of the waivers already 
granted, NORDYNE is also confident that DOE will grant its petition. 
In anticipation of that action, NORDYNE requests an interim waiver 
until DOE acts on the Petition for Waiver.
    Manufacturers who sell furnaces similar to those for which the 
waiver is requested are being sent a copy of this Petition for 
Waiver and Application for Interim Waiver. A list of these 
manufacturers is attached.
    Your early action on this request would be appreciated. 
Production of these furnaces is scheduled for the very near future.
    Sincerely,
Bradley J. Campbell,
Vice President, Engineering.

List of Manufacturers

Mr. Marty Schonberger, The Adams Manufacturing Co., 9790 Midwest 
Avenue, Cleveland, OH 44125-2425.
Mr. Stan McGill, Amana Refrigeration, Inc., 1810 Wilson Parkway, 
Fayetteville, TN 37334-3547.
Mr. Ed French, Armstrong Air Conditioning Inc., 421 Monroe Street, 
Bellevue, OH 44811-1730.
Mr. David Swanson, Atwood Mobile Products, 4750 Hiawatha Drive, 
Rockford, IL 61103-1232.
Mr. Richard O. Bard, Bard Manufacturing Co., P.O. Box 607, 1914 
Randolph Drive, Bryan, Ohio 43506-0607.
Mr. John J. Meade, Jr., Boyertown Furnace Company, 156 Holly Road, 
Boyertown, PA 19512.
Mr. Matthew J. Chadderdon, Carrier Corporation, Carrier Parkway, P.O. 
Box 4808, Syracuse, New York 13221-4808.
Mr. Richard Hutchinson, Jr., Consolidated Ind. Corp., P.O. Box 7800, 
Lafayette, IN 47903-7800.
Mr. Jerry Ward, DMD Industries, 41 Fisher Avenue, Bradford, PA 16701-
1649.
Mr. Johnny Johnson, Duncan Heating Division, Suite 200, Dutch Plaza, 
800 Dutch Square Blvd., Columbia, SC 29210-7317.
Mr. Alan Zimmerman, Evcon Industries, Inc., 3110 N. Mead, P.O. Box 
19014, Wichita, KS 67219-4057.
Mr. Alberto da Rosa, Goettl Air Conditioning Inc., 3830 E. Wier Avenue, 
Phoenix, AZ 85040-2936.
Mr. Peter H. Alexander, Goodman Manufacturing Corp., 1501 Seamist, 
Houston, TX 77008-5031.

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Mr. W. Michael Clevy, Inter City Products Corp.,1136 Heil Quaker Blvd., 
P.O. Box 3005, LaVergne, TN 37086.
Mr. David Lewis, Lennox Industries Inc., P.O. Box 799900, Dallas, TX 
75379.
Mr. Tom Koepke, Metzher Machine Corp., 8155 No. 76th Street, Milwaukee, 
WI 53223-3203.
Mr. Dick R. McCullogh, Reznor, A Thomas and Betts Co., 150 McKinley 
Avenue, Mercer, PA 16137-1326.
Mr. Ross W. Willis, Rheem Air Conditioning Division, 5600 Old Greenwood 
Road, P.O. Box 17010, Fort Smith, AR 72903-6586.
Mr. Walter J. Markowski, Sterling Gas Products, Division of Mestek, 
Inc., 260 North Elm Street, Westfield, MA, 01085-1614.
Mr. Bobby Vincent, Suburban Mfg. Co., 676 Broadway Street, P.O. Box 
399, Dayton, TN 37321-1120.
Mr. Everett James, Thermo-Products Inc., 5235 West Street Road 10, P.O. 
Box 217, No. Judson, IN 46366-8851.
Mr. James T. VerShaw, The Trane Company, 6200 Troup Highway, Tyler, TX 
75711.
Mr. Theron C. Stroke, Victa Hytemp Industrial Inc., 5540 Route 362, 
Bliss, NY, 14024-9775.
Mr. Gerald W. Sank, Welbilt Corp., 225 High Ridge Road, Stamford, CT 
06905-3000.
Mr. Dennis Aughenbaugh, York International Corp., P.O. Box 1592, York, 
PA 17405-1592.

[FR Doc. 96-27029 Filed 10-21-96; 8:45 am]
BILLING CODE 6450-01-P