CAS-RM-79-104COMMENT114 

35916 Federal ~egister I Vol. 59, No. 134 / Thursday, July 14, 1994 I 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 Fu mace Tesf Procedures from · 

Evcon Industries. Inc. (Case No. f-072) 

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 

Evcon Industries, Inc. (Evcon) from the 

existing Dep8rtmenfofEnergy (DOE) 

test procedure regarding blower time 

delay ~or the compan)"s AGU, BGU, and 

·BGD series gas furnaces. . . · : · . -. · Today's notice also publishes a · 

, I .. "Petition for Waiver" from Evcon. 

Evcon's Petition for W~ver requests 64108. Thereafter, DOE further amended 

DOE to grant relief from the DOE ' , the applia~ce test procedure waiver 

furnace test procedure relating to the · process to allow the Assistant Secretary 

blower time delay specification. Evcon for Energy Efficiency and Renewable 

seeks to test using a blower delay time Energy (Assistant Secretary) to grant an 

of 30 seconds for its AGU, BGU, and Interim Waiver from test procedure 

BGD series gas furnaces instead of the requirements to manufacturers that have 

specified 1.5-minute delay between petitioned DOE for a waiver of such 

burner on-time and blower on-time. The prescribed test procedures. 51 FR 42823, 

Department is soliciting comments, November 26, 1986. . 

data, and information respecting the The waiver process ~Hows the · 

Petition for Waiver. Assistant Secretary to waive 

DATES: DOE will accept comments, data, temporarily, test procedures for a 

and information not later than August particular basic model when a petitioner 

15, 1994. shows that the basic model contains one 

'ADDRESS: 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-072, prescribed test procedures may evaluate 

Mail Stop EE-43, Room 5E-o66, , the basic model in ·a manner so 

Fo:rrestal Building, 1000 Independence unrepresentative of its true energy · Avenue, SW., Washington, DC 20585, consumption as to provide materially 

(202) 586-7140. inaccurate comparative 9-ata. Walvers 

FOR FURTHER INFORMATION CONTACT: generally remain in effect until final test 

Cyrus H. Nasseri, U.S. Department of procedure amendments become 

Energy, Office ofEnergy Efficiency effective, resolving the problem that is 

and Renewable Energy, Mail Station the subject of the waiver. 

EE-431, Forrestal Building, 1000 TQ.e Interim Waiver provisions added 

Independence Avenue SW., by the 1986 amendment allow the 

Washington, DC 20585, (202) 586- Secretary to grant an lnti;irim 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 

SUPPLEMENTARY INFORMATION: The policy reasons to grant immediate relief 

Energy Conservation Program for pending a determination on the Petition 

Consumer Products (other than for Waiver. An Interim Waiver remains 

automobiles) was established pursuant in effect for a period of 180 days or until 

to the Energy Policy and Conservation DOE issues its determination on the 

Act (EPCA), Public Law 94-163, 89 Stat. Petition for Waiver, whichever is 

917, as amended by·the National Energy sooner, and may be extended for an 

Conservation Policy Ad (NECPA), additional 180 days, if necessary. 

Public Law 95-619, 92 Stat. 3266, the On May 11, 1994, Evcon filed an 

National Appliance Energy · Application for Interim Waiver 

Conservation Act of 1987 (NAECA), regarding blower time delay. Evcon's 

Public Law 100-12, the National Application seeks an Interim Waiver 

Appliance Energy Conservation from the DOE test provisions that 

Amendments of 1988 {NAECA 1988), require a 1.5-minute time delay between 

Public Law·to0-357, and the Energy the ignition of the-burner and starting of 

Policy Act of 1992 (EPAct), Public Law the circulating afr blower. Instead, 

102-486, 106 Stat. 2776; which requires Evcon requests the allowance to test 

DOE to prescribe standardized test using a 30-second blower time delay 

procedures to measure the energy when testing its AGtJ, BGU, and BGD 

consumption of certain consumer series gas furnaces. Evcon states that the 

products, including furnaces. The intent 30-second delay is indicative of ho~ 

of the test procedures is to provide a these furnaces aetually operate. Such a 

comparable measure of energy delay results 'in a 1.0 to 2.0 percept 

consumption that will assist consumers · . improvement in overall energy 

in making purchasing decisions. These . · efficiency. Since current DOE test 

test procedures appear at 10 CFR Part procedures do not address this variable 

430, Subpart B. · . ; blower time delay, Evcon asks that the 

The Department amended the · · Interim Waiver be granted. 

· prescribed test procedures by adding 10 .The Department has publisped a 

CFR 430.27 on September,26, 1980, Notice:ofP.ropose.d Rulemaking on · creating the waiver proc~ss. 45· FR August 23, 1993, (58 FR '*4583) to 
CAS-RM-79-104 COMMENT 114 

Federal_ Register I Vol. 59, No. 134 I Thursday, July 14, 1994 I Notices 35911 

amend the furnace test procedure, 

which addresses the above issue. 

Previous waivers for this type of time 

blower delay control have been granted 

by DOE to C.oleman Company, 50 FR 

2710, January 18, 1985; Magic Chef 

Company, 50 FR 41553, October 11, 

1985: Rheem MariufactUring Company, 

53 FR 46574, December 1, 191}6, 56 FR 

2920, January 25, 1991, 57 FR 10166, 

March 24, 1992, and 57 FR 34560, 

August 5, 1992; Trane Company, 54 FR 

19226, May 4, 19J}9, 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 66136, 

December 23, 1993, and 56 FR 68137, 

December 23, 1993; Inter-City Products 

Corporation, 55 FR 51487, December 14, 

1990, and 56 FR 63945, December 6, 

1991; DMO Industries, 56 FR 4622, 

February 5, 1991; Heil-Quaker 

Corporation, 56 FR 6019, February 14, 

1991; Carrier Corporation, 56 FR 6018, 

February 14, 1991, 57 FR 38830, August 

27, 1992, 56 FR 66131, December·23, 

1993, 56 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, Deeember 6, 1991, 57 FR 

10163, March 24, 1992, and 58 FR 

68134,December23,1993;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, and 57 FR 

54230,November17,1992;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 Bard 

Manufacturing Company, 57 FR 53733, 

November 12, 1992. 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 demonstrated based upon DOE 

having granted a waiver for a similar 

product design, i.t is in the public 

interest to haye similar products tJ:Jsted 

and rated for energy consumption on a 

comparable basis.. . 

Therefore, based on the above, DOE is 

granting Evcon an,lnterim.Waive:r (or its 

AGU, BGU, and BGD.~ries gas . . 

furnaces. Pursuant to paragraph (e) of 

Section 430.27 of the Code of Federal 

Regulations Part 430, the following 

letter granting the Application for 

Interim Waiver to Evcon was issued. 

Pursuant to paragraph (b) of W. CFR 

Part 430.27, DOE is hereby publishing 

ttie "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; July 9, 1994. 

Christine A. Ervin, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy . . 

DeparbnentofEnergy 

Washington, DC 20585 

July 9, 1994 

Mr. Tom Chase. 

Senior Design Engineer, Evcon Industries, 

Inc., P.O. Box 19014, Wichita, KS 67204-

9014 

Dear Mr. Chase: This is in response to your 

May 11, 1994, Application for Interim Waiver. 

and Petition for Waiver from the Department 

of Energy (DOE) test procedure regarding 

blower time delay for Evcon Industries, Inc. 

(Evcon) AGU. BGU, and BGD series gas 

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, and 57 

FR 34560, August 5, 1992; 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; Inter-City Products 

Corporation, 55 FR 51487, December 14, 

1990, and 56 FR 63945, December 6, 1991; 

DMO,Jndustries, 56 FR 4622, February 5, 

1991; 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 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, 

1.991; 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, December6, 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 3.9193, August 28, 1992, and 57 

FR 54230 .. November 17, 1992; 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 Bard 

Manufacturing Company. 57 FR 53733, 

November 12, 1992, Thus, it appears likely 

that the Petition for Waiver will be granted 

for blower time delay. 

Evcon's Application for Interim Waiver 

does not provide sufficient information to 

evaluate what, if any, economic impact or 

competitive disadvantage Evcon 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 

grantfld 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, Evcon's Application for an 

Interim Waiver from the DOE test procedure 

for its AGU. BGU, and BGD series gas 

furnaces regarding blower time delay is 

granted. 

Evcon shall be permitted to test its AGU, 

BGU, and BGD series gas 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 '1nd 

measurements shall be as specified in 

Section 9 in ANSI/ASHRAB 103-82 with the l 

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, tum 

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. 

Thi~ Interim Waiver is based upon the 

presumed validity of statements and all 

allegations supmitted by the company. This 

Interim Wai.ver may be removed or modified 
CAS-RM-79-104COMMENT114 

35918 Federal Register I Vol. 59, No. 134 I Thursday, July 14, 1994 I Notices 

et. 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, 

an.d .may be extended for an additional 18().. 

day period, if necessary. 

Sincerely, 

Christine A. Ervin, 

Assistant Secretary~ Energy Efficiency and 

Renewable Energy. 

Evcon Industries, Inc. 

May 11, 1994. 

Mr. Cyrus Nasseri, 

Assistant Secretary, Conseivation and 

Renewable Energy, United States 

Department of Energy; 1000 

Independence Avenue SW., Washington, 

DC20585 

Dear Mr. Nasseri: Please consider this 

petition for waiver and application for · 

interim waiver submitted pursuant to title 10 

CPR 430.27. Waiver is requested from the 

furnace test procedure prescribed in 

Appendix N to Subpart B of Part 430. The 

current test procedure requires a 1.5 minute 

delay from burner startup to blower startup. 

Evcon is requesting authorization to use a 30 

second blower delay on our AGU, BGU and 

BGD Series gas furnaces. These units are 

equipped with an ele~tronic device which 

controls the blower, using a fixed, nonadjustable timing sequence. 

This 30 second time delay reduces the 

amount of heat lost out of the vent system 

during warm-up, resulting in a 1 to 2 percent 

improvement in overall energy efficiency. 

The current test procedure does not give 

Evcon credit for this energy savings. 

Evcon has previously been granted waivers 

regarding furnace blower on· timings, as have 

. mpst other manufacturers of gas furnaces. 

Also ASHRAE Standard 103-1993, paragraph 

9.5.1.2.2 specifically addresses testing of 

furnaces with fixed blower time delays. . 

Confidential test data which verifies these 

energy savings are available to you· upon your 

request. A copy of this petition for waiver 

and application for interim waiver is being 

sent to othl!r domestic manufacturers of 

similar products. 

sincerely, 

Tom Chase, 

Senior Design Engineer. 

(FR Doc .. 94-17136 Filed 7-13-94; 8:45 am) 

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