### 56064 Federal Register J Vol. 59, No. 217 1 Thursday, November 10, 1994 / Notices

Office of Energy Efficiency and Renewable Energy
Energy Conservation Program for Consumer Products ; Granting of the Application for Interim Waiver and Publishing of the Petition for Waiver of DOE Furnace Test Procedures From York International ; Case No. F-077 AGENCY: Office of Energy Efficiency and Renewable Energy, Department of Energy,
ACTION: Notice.


### SUMMARY ' Today's notice publishes a letter granting an Interim Waiver to York International (York) from the existing Department .of Energy (DOE) test procedure regarding blower time delay for the company's P2LN,and PI3NL lines of condensing furnaces. 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 P2LN, and PBNL 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 : DOE will accept comments, data, and information not later than December 12, 1994. ADDRESSES : Written comments and statements shall be sent to: Department of Energy, Office of Energy Efficiency and Renewable Energy, Case No. F-077 Mail Stop EE-43, Room 5E-066,, Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 20585, (202) 586-7574. FOR FURTHER INFORMATION CONTACT: Cyrus H. Nassen, U.S. Department of Energy Office of Energy Efficiency and Renewable Energy, Mail Station EE-431, Forrestal Building, 1000 Independence Avenue, SW.,. Waslungton, DC 20585, (202) 586- 9138 

### Eugene Margolis, Esq., U.S. Department of Energy, Office of General Counsel, Mail Station GG-72, Forrestal Building, 1000 : Independence Avenue,

### Federal Register I Vol. 59, No..2T7 I 'Thursday November 10,, '1994 I :Notices

SW., Was'lungton,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 B4--163,, 89. Stat. 917„ as amended by .the National Energy Conservation. Policy Act (NECP.A), 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 (EBAct), 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' lestprocedures 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.Secretar. i to grantan Interim Waiver from test procedure requirements-to manufacturers that have petitioned DOE fora-waiver of such prescribed test procedures. 51 FR 42823, November26.1986.. The waiver -process allows the Assistant Secretary to waive temporarily, test procedures for a particular basic model when •a petitioner shows that tli'e 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 subjectuf'the waiver. 

### The Interim Waiver provisions added by the 1986•amendnient 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, ifit t-appears likely thattlfe Petition -for IFaiverwillbegranted,and/ orthe Assistant.Secretary determines that it would ,be desirable for public policy reasons to grant immediate relief pending a:deterzmnation.on the Petition for Waiver. An Interim Waiverremains in effect 'for a period of 160 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:necessaiy! On September 22,1994, Ynrk filed an Application for -Interim Waiver regarding:blowertime delay. Yom's Application seeks an .interim Waiver from theDOE test provisions-that require a1.5-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 3D-second 1 lower'time delay when testing its P2LN, and PBNL lines of condensing furnaces. Yorkstates that the 30-second delay as indicative of how these furnaces : actually operate. Such a delay results an.an -overall -furnace AFUE improvement 'of -approximately 1.5 percent points. Since current-DOE test procedures do not'address-this variable blower time delay York asks that the Interim Waiver be granted. The Department .haspublished .a Notice of.Proposed Rulemaking on August 23,1993,-(58 ER 44583) to amend the furnace test procedure„ which addresses-the above issue. Previous waivers bar this type of time blower delay control 'have been granted by DOEto ColemanCompany 50 FR 2710, January '48. 1.985; Magic Chef Company, 50 FR 41653, October.11, 1985; RheemManufacturing•Company, 53 FR 48574,December.l, 1988. 56 FR 2920, January 25, 1991, 57 FR 10166, March24,1992, 57 FR34560, August 5, 1992, and 59 FR 30577 June 14, 1994; Trane Company,.'54 FR 19226, May 4, 1989, 56 FR'6021, February 14, 1991, 57 FR 10167 March 24,'1992,'57 FR 72222, May 27 1992, and 56 FR 681'38, December 23, 1993; Lennox Industries„ 55 FR 50224, December'5, 1990,57 FR 49700, 'Novem'ber3, 1992,58.FR.68136, December 23, 1993,-and 58 FR 6813.7 December 23, 1993.; inter,City•Products Cor-poration, 55 FR.51487,December 14, 1990, and 36 FR 63945, December 6, 1991, DMO Industries, 56 FR 4622, February *5, 1991, and 59 FR 30579, June 14, 1994; Heil-Quaker Cor-poration,'56 FR 6019, February 11, 1.991,'Carrier Corporation, ' 56' FR-6D2'8,, February 14, 1991, 57 FR.38831t, August.27 1992, 58 FR 6813 1. D

-ecember,-23, 1993,,.58 FR 68133, December 23, 1993.and •59 FR 14394,1V airnh 28,1994; Amana Refrigeration'inc., 56 FR 27958, June 18, 1991,:56'FR'63940,December_6, 11991, 57 FR 23392, June 3 , 1992, and 58 FR 68130, December 23,1993; Snyder 

### -56065

General Corporation, .56 ERS 4960,, September 9, 1991, Goodman ManufacturingCorporatioi, 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 23,190;,Arnistrarig Air Conditioning, Inc.,.57FR 899, January 9, 1992, 57 FR 10160, March 24, 1992., 5 7 .FR .10161, March 2A,.1%2,;57 FR39193, August.28, 2992, 57 FR 54230, November 17 -199.2,-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; E .vcon Industries, Inc., 57FR 47847 October 2Q, 1992, and 59 FR 46968, September 13, 1994; Bard Manufacturing Company, 57 FR53733,.November 112,1992,tand 59 FR 30578, June 14, 1994; and York International Corporation, 59F.R46969, September 13, 1994. 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 ifemonstrated 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 comparablebasis. Therefore, based on .the above, DOE is granting York an:Interun Waiver for-its P2LN, and PBNL lines of condensing furnaces. Pursuant to 3raragraph-(e) of Section 430:27 of the Code of Federal Regulations Part 430,-he following letter granting the Application -for Interim Waiver to York was issued. 

### Pursuant'toparagraph=(b) of 10QFR Part 430.27 DOE is -herebypub'lishing 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.-November 2. 1994. Christine A. Ervin, Assistant Secretary, Energy Efficiency and Renewable. Energy.. September 22, 1994. Assistant Secretary, Conservation & Renewable Energy, U.S.'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 Applicationiorinterim Waiver submitted pursuant .to Title 10.CFR430.27., as amended 34 November1986. Waiver:is requested 'from the test procedures lor measuring the Energy Consmptionof Furnaces found-in Appendix •N of-SubpartB

### 56066 Federal Register / Vol. 59, No. 217 / Thursday November 10, 1994 / Notices

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 P2LN and PBNL 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 conforming 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 Waiver. Sincerely, Michael B. Eberlein, P.E., Engineering Manager

-Furnace Products, Unitary Products Group

, York® Central Environmental Systems, York International. 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 September 22,1994
, Application for Interim Waiver and Petition for Waiver from the Department of Energy (DOE) test procedure regarding blower time delay for York International (York ) P2LN
, and PBNL lines of condensing furnaces. 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, and 59 FR 30577 June 14
, 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 ; InterCity 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 PR 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

. 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 P2LN
, and PBNL lines of condensing furnaces regarding blower time delay is granted. York shall be permitted to test its P2LN, and PBNL 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 DOE 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.
(FR Doc

. 94-27782 ; Filed 11-9

- 94; 8:45 am)
BILLING CODE 6450-01-P