# 55FR13184

13184 Federal Register / Vol. 55, No. 68 / Monday, April 9, 1990 / Notices

I 

## Energy Conservation Program for Consumer Products ; Application for Interim Waiver and Petition for Waiverof Furnace Test Procedures From HeilQuaker Corporation (F-021)

AGENCY: Conservation and Renewable Energy Office, Department pf Energy.

SUMMARY : Today's notice publishes a letter granting an Interim Waiver to Heil-Quaker Corporation (Heil-Quaker) from the existing Department of Energy (DOE) test procedures for furnacesregarding blower time delay for HeilQuaker's series NUGK(-), NDGK(+), NUGS(-) condensing gas furnaces and NUGE(-), NDGE(-) induced draft gas
furnaces. Today's notice also publishes a "Petition for Waiver" from Heil-Quaker. Heil-Quaker's Petition for Waiver requests DOE to grant relief from the DOE test procedures relating to theblower time delay specification. HeilQuaker seeks to test using a blower delay time of 30 seconds instead of the specified 1.5 minute delay between
burner on-time and blower on-time. DOE is soliciting comments, data, and information respecting the Petition for
Waiver.
DATES : DOE will accept comments, data, and information not later than May 9,
1990.

ADDRESSES: Written comments and statements shall be sent to: Department of Energy, Office of Conservation and Renewable Energy, Case No. F-021, Mail Stop CE-132, Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 20585.

FOR FURTHER INFORMATION CONTACT: Cyrus H. Nasseri, U.S. Department of Energy, Office of Conservation andRenewable Energy, Mail station CE132, Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 20585, (202) 586-9127. Eugene Margolis, Esq., U.S. Department of Energy, Office of General Counsel, Mail Station GC-12, Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 20585, (202)
586-9507.

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, and the National Appliance Energy Conservation Amendments of 1988 (NAECA 1988), Public Law 100-357, 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. DOE has amended the prescribed test procedures by adding 10 CFR 430.27 on September 26, 1980, creating the waiver process. 45 FR 84108. DOE further amended the Department's appliance test procedure waiver process to allow the Assistant Secretary for Conservattoon 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 a waiver. The interim waiver provisions, addec 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
determined that it would be desirable for public policy reasons to grant immediate relief pending a determination on the petition for waiver. On January 4,1990, Heil-Quaker filed an Application for an Interim Waiverregarding blower time delay. HeilQuaker'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, Heil-Quaker's requests the allowance to test using a 30 second blower time delay when testing its series NUGK(-), NDGK(+), NUGS(-)

# 55FR1 3184

Federal Register / Vol. 55, No. 68, / Monday, April 9, 1990 / Notices

condensing gas furnaces and NUGE(-). NDGE(-) induced draft gas furnaces. Heil-Quaker states that the 30 second delay is indicative of how these furnaces actually operate. Such a delay
results in an energy savings of approximately 1.0 percent. Since current DOE test procedures do not address this variable blower time delay, Heil-Quaker asks that the interim waiver be granted. Previous waivers for this type of timed blower delay control have been granted by the Department to the Coleman Company, 50 FR 2710, January 18, 1985, the Magic Chef Company, 50 FR 41553, October 11, 1985, the Rheem Manufacturing Company. 53 FR 48574, December 1, 198& and the Trane Company, 54 FR 19926, May 4, 1989. Thus, it appears likely that the Petition for Waiver will be granted for blower time delay. The Department finds that it would be desirable for public policy reasons to grant Heil-Quaker's Application for
Interim Waiver. Specifically, 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's interest to have the similar products tested and rated for energy consumption on a comparable basis. Pursuant to paragraph (b) of 10 CFR 430.27, DOE is hereby publishing the "Petition for Waivers" in its entirety. The.petition contains no confidential information, DOE solicits comments, data, and information respecting the petition. In addition, pursuant to paragraph (e) of § 430.27 of the Code of Federal Regulations, the following letter granting the Application for Interim Waiver was issued to Heil-Quaker Corporation.

Issued in Washington, DC,
1. Michael Davis,
Assistant Secretary, Conservation and Renewable Energy.

Department of Energy

March 29, 1990.
Mr. W. E. Dalton. Vice President Engineering, Hell-QuakerCorporation, 1136 Heil-Q:rakerBlvd., P.O. Box 3005, Lavergne.
Tr?r 37086-1985.
Dear Mr. Dalton : This is in response to your January 4.1990, Application for Interim
Waiver and Petition for Waiver from the Department of Energy (DOE) test procedures for furnaces when testing Heil-Quaker Corporation NUGK(-), NDGK(+). NUGS(-) condensing gas furnaces , and NUDE(-). NDGE(:) induced draft gas furnaces regarding
blower time delay. Pursuant to the Energy Policy and Conservation Act, as amended, the Department has prescribed test procedures to mer _-e the energy consumption of certain major household appliances, including furnaces, The intent of the test procedures is to provide a comparable measure of energy consumption that will assist consumers in making purchase decisions. These test procedures appear In the Code of Federal Regulations at 10 CFR part 430, subpart B. DOE amended the test procedure regulations on September 28, 1980 [45 FR 841081 and November 26, 1988. [51 FR 42823) by adding paragraph 430.27. These provisions allow the Assistant Secretary for Conservation and Renewable Energy to waive temporarily test procedures for a particular basic model when a peitioner
shows that the basic model contains one or more design characteristics which prevent testing of the basic model 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 characteristics as to provide materially inadequate comparative data. The 1986 amendments added provisions allowing the Assistant Secretary to grant an interim waiver for a particular basic model when a petitioner demonstrates the likely success of the petition for waiver, it is determined that the applicant will experience economic hardship if the Applicaiton for Interim Waiver is denied 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. Previous waivers for timed blower delay control have been granted to the Coleman Company, 50 FR 2710, January 16, 19M, Magic Chef Company, 50 FR 41553, October 11, 1985, Rheem Manufacturing Company, 53 FR 48574, December 1, 1988, and the Trane Company, 54 FR 19228, May 4,1989. Heil-Quaker's Application for Interim Waiver does not provide sufficient information for the Department to evaluate what, if any, economic impact or competitive disadvantage Heil-Quaker will likely experience absent a favorable determinationon the application for interim waiver. HeilQuaker feels that its competitive position in the marketplace would be compromised if this Application for Interim Waiver is not granted. However, the Department finds that it would be desirable for public policy reasons to grant Heil-Quaker's Application for Interim Waiver. Specifically, in those instances where the likely success of the petition for wavier has been demonstrated based upon DOE having granted a waiver for a similar product design, it is in the public's interest to have the similar products tested and rated for energy consumption on a comparable basis. Therefore, Heil-Quaker's Application for an Interim Waiver requesting a change from the DOE test procedures for its NUGK(-), NDGK(+), NUGS(-) condensing gas furnaces and NUGE(-J, NDGE(-) induced draft gas furnaces regarding blower time delay Is granted. Heil-Quaker shall be permitted to test its series NUGK(-), NDGK(+), NUGS(-) condensing gas furnaces and NUGE(-), NDGE(-) induced draft gas furnaces on thebasis of the test procedures specified in 10 

## 13185

CFR Part 430, with the modification set forth
below. (I) Section 9.3.1 of ANSI/ASHRAE
Standard 103-1982 is deleted and replaced with the following paragraph:
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 funace 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; (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 measuredtemperatures. During the heat-up test for oilfueled furnaces, maintain the draft in the flue pipe with -± 0.01 inch of water gauge 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 revoked or modified at any time upon a determination that the factual basis underlying the application is
incorrect.
The interim waiver shall remain in effect - until the Department of Energy issues a
determination on Heil-Quaker's Petition for

Waiver. 

### Sincerely,
J. Michael Davis, RE..
Assistant Secretary. Conservation and Renewable Energy.
January 4,1990
Assistant Secretary, Conservation and Renewable Energy, United States Department of Energy, 1000 Independence A venue, SIV., Washington.
DC 20585
Gentlemen: Please consider this Petition for Waiver and Application for Interim Waiver pursuant to title 10 CFR 430.27.
Waiver is requested from the test procedures covering gas furnaces found at Appendix N to Subpart B of 10 CFR part 430. The current Heat-Up Test procedure requires
a 1.5 minute time delay between burner and blower startup

. Hell-Quaker is requesting to
use 30 seconds instead of 1.5 minutes for condensing gas furnace families NUGK(-), NDGK(+), NUGS(-) and induced draft gas

furnace series NUGE(-), NDGE(-). These models will employ an unvarying electronic timing control which will start the blower in approximately 30 seconds . This will reduce lost energy out the vent system and can

# 55FR13184

13186 Federal Register / Vol. 55, No. 68 / Monday, April 9, 1990 / Notices

improve energy savings approximately I
percent. 

### An Interim Waiver is requested. Several other manufacturers of similar furnaces have been granted the waiver to use reduced blower start up times. Known manufacturers of similar furnaces as shown in Attachment A have been sent a copy of our petition. Respectfully yours, Heil-Quaker Corporation.
W.E. Dalton, 

### Vice President Engineering.

[FR Doc. 90-5115 Filed 4-8-90; 8:45 am]

BILUNG CODE 6456-01-M