## 59FR22844

22844 Federal Register / Vol. 59, No. 84 / Tuesday, May 3, 1994 / Notices "comments, data, and information The waiver process allows the. respecting the Petition for Waiver. Assistant Secretary to waive DATES : DOE will accept comments, data, temporarily, test procedures for a and information not later than June 2, particular basic model when a petitioner 1994. shows that the basic model contains one ADDRESSES : Written comments and or more design characteristics which statements shall be sent to: Department prevent testing according to the of Energy, Office of Energy Efficiency prescribed test procedures, or when the and Renewable Energy, Case No. F-069, prescribed test procedures may evaluate Mail Stop EE-43, room 5E-066; the basic model in a manner so Forrestal Building, 1000 Independence unrepresentative of its true energy Avenue, SW., Washington, DC 20585, consumption as to provide materially (202) 586-7140. inaccurate comparative data. Waivers FOR FURTHER INFORMATION CONTACT: generally remain in effect until final test Cyrus H. Nasseri; U.S. Department of " procedure amendments become - 

### Energy, Office of Energy Efficiency effective, resolving the problem that is and Renewable Energy, Mail Station the-subject of the waiver. EE-431, Forrestal Building, 1000 The Interim Waiver provisions added Independence Avenue, SW., by the 1986 amendment allow the Washington, DC 20585, (202) 586- Secretary to grant an Interim Waiver 7140: when it is determined that the applicant Eugene Margolis, Esq., U.S. Department will experience economic hardship if of Energy, Office of General Counsel, the Application for Interim Waiver is Mail Station GC-72, Forrestal denied, if it appears likely that the Building, 1000 Independence Avenue, Petition for Waiver will be granted, and/ SW., Washington,. DC 20585, (202) or the Assistant Secretary determines 586-9507. that it would be desirable for public 58 SUPP6E9N7ARY INFORMATION : The policy reasons to grant immediate relief 

### pending a determination on the Petition Energy Conservation Program for for Waiver. An Interim Waiver remains Consumer Products (other than in effect for a period of 180 days or until automobiles) was established pursuant DOE issues its determination on the to the Energy Policy and Conservation Petition for Waiver, whichever is Act (EPCA), Public law 94-163, 89 Stat. sooner, and may be extended for an 917, as amended by the National Energy additional 180 days, if necessary. Conservation Policy Act (NECPA), On March 4,1994, DMO filed an Public Law 95-619, 92 Stat. 3266, the Application for Interim Waiver National Appliance Energy regarding blower time delay. DMO's 

### (Case Na F-06S } Conservation Act of 1987 (NAECA);. Application seeks an Interim Waiver Public Law 100-12, the National from the DOE test provisions that Energy Conservation 'Program for Appliance Energy Conservation require a.1.5-minute time delay between Consumer Products : Granting of the Amendments of 1988 (NAECA 1988), the ignition of the burner and starting of Application for Interim Waiver and Public Law 100-357, and the Energy the circulating air blower. Instead, DMO Publishing of the Petition for Waiver of Policy Act of 1992 (EPAct), Public Law requests the allowance to test using a DOE Furnace Test Procedures From 102-486,106 Stat. 2776, which requires. 30-second blower time delay when DRAG Industries DOE to prescribe standardized test... testing its lIDS series gas furnaces. DMO procedures to measure the energy states that the 30-second delay is AGENCY : Office of Energy Efficiency and consumption of certain consumer indicative of how these furnaces Renewable Energy, DOE. .. products, including furnaces. The intent actually operate. Such a delay results in ACTION: Notice. . of the test procedures is to provide a an increase in AFUE of 2.0 percentage - comparable measure of energy points. Since current DOE test SUMMARY : Today's notice publishes a consumption that will assist consumers procedures do not address this variable letter granting an Interim Waiver to in making purchasing decisions. These blower time delay, DMO asks that the DMO Industries (DMO) from the -test procedures appear at 10 CFR part Interim Waiver be granted. - existing Department of Energy (DOE) ~"430, subpart B. - The Department has published a test procedure regarding blower time The Department amended the Notice of Proposed Rulemaking on delay for the company's HDS series gas prescribed test procedures by adding 10 August 23, 1993, (58 FR 44583) to _ furnaces. CFR 430.27 on September 26,1980, amend the furnace test procedure, Today's notice also publishes a creating the waiver process. 45 FR which addresses the above issue. "Petition for Waiver" from DMO. 64108. Thereafter, DOE further amended Previous waivers for this type of time DMO's Petition for Waiver requests DOE the appliance test procedure waiver blower delay control have been granted to grant relief from the DOE furnace test process to allow the Assistant Secretary by DOE to Coleman, Company, 50 FR procedure relating to the blower time for Energy Efficiency and Renewable 2710, January 18, 1985; Magic Chef delay specification. DMO seeks to test Energy (Assistant Secretary) to grant an Company, 50 FR 41553, October 11, using a blower delay time of 30 seconds Interim Waiver from test procedure 1985; Rheem Manufacturing Company; for its I-IDS series gas furnaces instead requirements to manufacturers that have 53 FR 48574, December 1, 1988, 56 FR of the specified 1.5-minute delay petitioned DOE for a waiver of such ' 2920, January 25, 1991. 57 FR 10166, between burner on-time and blower on- prescribed test procedures. 51. FR 42823, March 24, 1992, and 57 FR 34560, 

### time. The Department is soliciting November 26,1986: August 5, 1992; Trane Company, 54 FR

## 59FR22844

Federal Register / Vol. 59, No. 84 / Tuesday, May 3, 1994 / Notices 22845

19226 , May 4, 1989,

56 FR 6021 , Issued in Washington

. DC April 19; 1994

. it is in the public interest to have similar February 14,1991 , 57 FR 10167, March Frank M

. Stewart, Jr„ products tested and rated for energy 24, 1992 , 57 FR 22222 , May 27, 1g9 , ActingChiefofSiaff, EnergyEff rci mcyand consumption on a comparable basis. and 58 FR 68138, December 23,1993; " Renewable Energy

. Therefore , DMO's Application for an Interim Waiver from the DOE test procedure Lennox Industries, 55 FR 50224, l Apri 19 1994

,. December 5, 1990, 57 FR 49700, for its HDS series gas furnaces regarding November 3, 1992,58 FR 68136, Mr . Kyu S

. Hwang, P.E ., blower time delay is granted. December 23, 1993, and 58 FR 68137, Manager of Engineering. Research, and - DMO shall be permitted to test its HDS Development, DMO Industries. P.O. Box series gas furnaces on the basis of the test December 23,1993; Inter-City Products 900, Wallaceburg, Ontario NSA 5E5. Corporation, 55 FR 51487, December 14, Dear Mr. Hwang: This is in response to procedures specified N in , 10 with CFR the Part 430, 1990, and 56 FR 63945, December 6, your March 4,1994, Application for Interim 1991; DMO Industries, 56 FR 4622, Waiver and Petition for Waiver from the modification set forth below: February 5, 1991; Heil-Quaker Department of Energy (DOE) test procedure' (i) Section 3.0 in Appendix N is deleted Corporation, 56 FR 6019, February 14, regarding blower time delay for DM0- 1991; Carrier Corporation, 56 FR 6018, Industries (DMO) HDS series gas furnaces. February 14, 1991, 57 FR 38830, August blower ela waivers.for y control have

t ype eeof time granted by 27, 1992, 58 FR 68131, December 23, DOE to Coleman Company, 50 FR 2710, 1993, 58 FR 68233, December 23, 1993 January 18,1985; Magic Chef Company, 50 and 59 FR 14394, March 28,1994 ; FR 41553 , October 11 , 1985; Rheem Amana Refrigeration Inc., 56 FR 27958, Manufaciuriag Company, 53 FR 46574 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: n dd a ew paragraph 3.10 in Appendix June 18, 1991, 56 FR 63940, December December 1,1988 , 56 FR 2920 , january Z5, (ii) A 6, 1991, 57 FR 23392, June 3 , 1992, and 1991, 57 FR 10166, March 24 , 1992 , and 57 N as follows 58 FR 68130, December 23, 1993 ; FR 34560 , August 5 , 1992 .Trane Company. 3.10 Gas - and Oil-Fueled Central Snyder General Corporation, 56 FR 54 FR 19226, May.4, 1989, 56 FR 6021 , Furnaces. After equilibrium conditions are 54960, September 9, 1991; Goodman Febiuary 14, 1991,57 FR 10167 , March 24, achieved following the cool-down test and Manufacturing Corporation, 56 F7 R 1992, 57 FR 22222, May 27, 1992, and 58 FR the required measurements performed, turn 51713, October 15, 1991, n 57 , FR 2970, 68138, December 23, 1993 ; Lennox on the furnace and measure the flue gas

Industries, 55 FR 50224, December 5, 1990, temperature , using the thermocouple grid June 23, 1992 and 59 FR 12586, March 57 FR 49700 , November 3. 1992, 58 FR described above, at 0.5 and 2

. 5 minutes after 17,1994; The Ducane Company Inc., 56 68136 , December 23, 1993 , and 58 FR 68137 , the main burner(s) comes on. After the FR 63943, December 6, 1991 , 57 FR December 23, 1993 ; Inter-Clty Products burner start-up. delay the blower start-up by 10163, March 24, 1992, and 58 FR Corporation , 55 FR 51487, December It, - 1.5 minutes ( t-) unless: 68134, December 23, 1993• Armstrong 1990, and 56 FR 63945 , December 6,1991; Air Conditioning , Inc., 5? FR 899 , DMO Industries . 56 FR 4622, February 5, (1) The furnace employs a single motor to

g, 1991; Heil-Quaker Corporation, 56 FR 6019, drive the power burner and the indoor air January 9, 1992 , 57 FR 10160, March 24, February 14,1991; Carrier Corporation , 56 FR circulation blower, in which case the burner 1992 57 PR 10161 M h 24 1992 57 arc ,,,, 6018,eruary 14, 1991,57 FR 38830 , anower sae starte togeer, or Fbd blhll bdth FR 39193, August 28, 1992, and 57 FR 54230, November 17,1992; Thermo Products, Inc., 57 FR 903, January 9, 

### 1992; Consolidated Industries August 27 , 1992, 58 FR 68131 , December 23, (2) The furnace is designed to operate 1993, 58 FR 68133, December 23 , 1993 and using an unvarying delay time that is other 59 FR 14394 , March 28, 1994;. Amana than 1.5 minutes , in which case the fan Refrigeration Inc., 56 FR 27958, June 18 , control shall be ermitted to start the blower p , Corporation, 57 FR 22220, May 27, 1991, 56 FR 63940, December 6,1991, 57 FR or - 1992 ; Evcon Industries , Inc., 57 FR

- 23392 , June 3 , 1992 , and 58 FR 68130, December 23,1993 ; Snyder General (3) The delay time results in the activation 47847, October 20,1992; and Bard Corporation, 56 FR 54960. September 9, . of a temperature safety device which shuts Manufacturing Company, 57 FR 53733, 1991; Goodman Manufacturing Corporation, off the burner, in which case the fan control , November 12, 1992

. Thus, it appears 56 FR 51713. October 15, 1991 , 57 FR 27970, shall be permitted to start the blower. In the likely that the Petition for Waiver will June 23, 1992 and 59 FR 12586 , March 17, latter case , if the fan control is adjustable, set 

### 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: Consolidated Industries Corporation, 57 FR draft- - Therefore , based on the above , DOE is

. 22220 , May 27 , 1992; Evcon Industries , Inc., This Interim Waiver is based upon the granting DMO an Interim Waiver for its' 57 FR 47847,. October 20,1992; and Bard presumed validity of statements and all HDS series gas furnaces. Pursuant to . . Manufacturmg Company, 57 FR 53733, allegations submitted by the company. This November 12, 1992. Thus, it appears likely Interim Waiver maybe removed or modified paragraph (e) of § 430.27 of the Code of. , that the Petition for Waiver will be granted at any time upon a determination that the Federal Regulations pert 430, the for blower time delay. {actual basis underlying the application is . following letter granting the Application - DMO's Application for Interim waiver . for Interim Waiver to DMO was issued , does not provide sufficient information to - incorrect.' Pursuant to paragraph (b) of 10 CFR evaluate what, if any, economic impact or The Interim Waiver shall remain in effect • Part 430.27, DOE is hereby publishing ' competitive disadvantage DMO will likely - for a period of 180 days or until DOE acts on matioon for Waiver, whichever is soon , the "Petition for Waiver " in its entirety

. experience absent a favorable determination t e en d

an a or n 

### The petition contains no confidential information. The Department solicits comments, data, and information respecting the petition. 1994; The Ducane Company Inc.. 56 FR it to start the blower at the highest 63943 , December 6,199157 FR 10163, temperature. If the fan control is permitted to March 4, 1992 , and 58 FR 68134 , December start the blower, measure time delay (t-) 23,1993 ; Armstrong Air Conditioning , Inc., - using a stop watch

. Record the measured 57 FR 899, January 9, 1992 , 57 FR 10160, temperatures

. During the heat

-up test for oil- March 24, 1992

. 57 FR 10161 , March 24 , fueled furnaces , maintain the draft in the flue 1992 57 FR 39193 Au ust 28 1992 d 57 g an , ,,, FR 54230, November 17,1992; Thermo pipe within t) 01 inch of water column of the Products , Inc.., 57 FR 903 , January 9.1992 ;- manufacturer ' s recommended on-period -

y pp a a r ►ona d However, in those instances where the . day period, if necessary. likely success of the Petition for Waiver has been demonstrated , based upon DOE-having granted "a waiver for a similar product design, -

### 22846 

### 59FR22844 .Federal Register / Vol. 59, No. 84 / Tuesday, May 3, 1994 1 Notices. . Sincerely, - Frank M

. Stewart, Jr., Acting Chiefof Staff, Energy Efciency and Renewable Energy. -March 4. 1994. Assistant Secreta r

y, Conservation and Renewable Energy, United States Department of Energy, 1000 Independence Avenue, SW., Washington, DC20585. Subject Petitions for Waiver and Interim Waiver. Dear Secretary: Please consider this letter as a Petition for Waiver and Application for Interim Waiver , submitted pursuant to Title 10 CFR 430.27

. DMO Industries is requesting a waiver from the furnace test procedure which requires a 90 second delay between. burner ignition and blower start-up. DMO requests authorization to reduce the 90 second delay to 30 seconds when testing - our HDS series , high efficiency , residential gas furnaces . The HDS series includes the following models as listed in the GAMA (Gas Appliance Manufacturers Association) certification program: HDS 40MS HDS 50MS (60/50MS) HDS 60MS HDS 60M ( 70160M) HDS 70M HDS BOM (90/80M) HDS 90M - ' HDS 9OMF ( 100/90M) HDS 10oM HDS 110M ( 120/110M) HDS 120M DMO is currently switching all controls on this series to a 30 second blower

-on delay by a timed controller, which cannot be adjusted by the installer , or service person. Our tests indicate that by using the 30 second delay , AFUE values increase by up to 2.0 points , depending on the model

. We feel that this is a substantial benefit to our customers and would like to reflect this through the higher AFUE values. Confidential Test data is available upon request which confirms the above cl aim. We are confident that both an interim Waiver and final Waiver will be granted us on the basis that many similar petitions have already been granted on our competitors. A copy of this petition for Waiver and Application for Interim Waiver is being sent to manufacturers who market similar equipment Sincerely, Kyu S

. Hwang , P. Eng., Manager of Engineering

. Research and Development (FR Doc

. 94-10578 Filed 5-2-94 ; 8:45 am] BRING CODE 6456-01-P