## 46FR22799

Federal Register / Vol. 46, No. 76 / Tuesday, April 21, 1981 / Notices 22799

Office of Conservation and Renewable Energy

[Case No. F-0011

Energy Conservation Program for Consumer Products; Petition for
Waiver of Consumer Product Test Procedures Form Carrier Corporation

AGENCY : Department of Energy.

ACTION : Decision and Order.

SUMMARY : Today's Decision and Order grants in part the Carrier Corporation's request for waiver from the existing DOE test procedures for furnaces. Specifically today' s order grants modifications to the test procedures which would allow testing of the Carrier design of furnace. However

, the request for a waiver of the insulation requirement is denied.

EFFECTIVE DATE : April 21, 1981.

FOR FURTHER INFORMATION CONTACT: James A. Smith, U.S. Department of Energy, Office of Conservation and Renewable

. Energy, Room GH-065, Forrestal Building, 1000 Independence Avenue, S.W., Washington, D.C. 20585, (202) 252-9127. Eugene Margolis, Esq., U.S

. Department of Energy, Office of General Counsel, Room 6B

- 128, Forrestal Building, 1000 Independence Avenue, S.W., Washington, D.C. 20585, (202) 252- 9510. SUPPLEMENTARY INFORMATION:

Background The energy conservation program for consumer products was established pursuant to the Energy Policy and Conservation Act. The Department of Energy (DOE), on September 26, 1980, amended the prescribed test procedure regulations for the energy conservation program for consumer products to allow the Assistant Secretary for Conservation and Renewable Energy temporarily to waive requirements for a particular covered product (45 FR 64108, Sept. 26, 1980). Waivers may be granted when characteristics of a product prevent use of the prescribed test procedures or lead to results that provide materially inaccurate comparative efficiency data. On September 26, 1980, Carrier Corporation filed an "Application for Exception" which was forwarded by the Office of Hearings and Appeals (OHA) to the Office of Conservation and Solar Energy (now called Conservation and Renewable Energy) since it could be more appropriately handled under the provisions of 10 CFR 430.27 "Petitions
for Waiver." In accordance with section 430.27 DOE published in the Federal Register the Carrier "Petition for Waiver" (45 FR 80896, December 8, 1980) and thereby solicited comments, data, and information respecting the determinations of the petition.
Comments were received from Whirlpool Corporation and Borg-Warner Corporation, both manufacturers of furnaces. All received comments were
sent to the petitioner on January 27, 1981, and Carrier responded by letter to DOE on February 12, 1981, Carrier's petition contends that while the induced draft gas furnace manufactured by its BDP Division is a covered product under the Act, it cannot be adequately tested under the existing DOE test procedures for furnaces, i.e., the Carrier design incorporates a "draft safeguard system " which is not addressed in the existing furnace test procedures. The system includes a small passage which allows small amounts of air to enter the venting system. DOE amended the test procedures to include methods of testing for induced draft gas furnaces (45 FR 53714, August 12, 1980). The amended procedures do not provide for dilution air in the venting system . These amendments resulted from an earlier "Application for Exception " by the "Heil-Quaker Co." (Whirlpool). Carrier believes the testprocedure modifications for the "HeilQuaker" design can be made applicable to the Carrier design through additional
modifications to account for the dilution air. Carrier correctly realizes that the

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Federal Register / Vol. 46, No. 76 / Tuesday, April 21, 1981 / Notices

introduction of dilution air into the venting system increases the amount of excess infiltration, thereby reducing the efficiency of the furnace. Carrier suggests that if the dilution passage is open during the test for determining the D, factor, the additional infiltration loss will be accounted for when testing since
the dilution air will increase the value of the D, factor. However, Whirlpool objected to having the dilution passage open during testing because it feels doing so would unfairly raise the average efficiency (AFUE) obtained. DOE believes that Whirlpool's
contention is based on the fact that dilution air would reduce the stack gas temperature measurements, thus reducing the value obtained for sensible heat loss. However, the dilution air also reduces the percent CO2 concentration in the stack gas which results in
increased value obtained for sensible heat loss. For small dilution rates, such as those apparent in the Carrier design, the effects on efficiency of reduced stack gas temperatures are offset by the effects of reduced CO2 concentration. Therefore, having the dilution passage open does not unfairly raise the AFUE. Today's decision and order allows testing of the Carrier induced draft
furnace under the same conditions and provisions allowed the "Heil-Quaker" induced draft furnace design, with the additional proviso that the dilution passage be open during testing. Carrier also requested that the requirement to insulate the "flue collector and inducer housing" be waived. Carrier provided data which demonstrated the small effect insulating these areas would have on the efficiency
determination and added that there is difficulty in insulating these areas. Whirlpool objected to this waiver of insulation requirement on the grounds that it would favor the Carrier design since the only effect lack of insulation could have is to raise the average AFUE. DOE agrees and fails to see the need to waive this insulation requirement when the existing sampling provisions (including conservative rating techniques) can be employed to resolve the issue. Specifically, a manufacturer may choose to test without the insulation if he knows that the test results still will yield representations which are within the prescribed confidence limits and tolerances. Or, a manufacturer may choose to test without insulation and "de-rate" the resulting efficiency by an amount the manufacturer determines to be appropriate. Carrier has submitted test data which attempts to quantify this "de-rate" amount (Carrier has tested units with and without insulated flue collectors and draft inducer housings).' Therefore, today's decision and order does not provide specific relief from any insulation requirements.
Another manufacturer of furnaces (York) questioned the safety of the Carrier design of induced draft furnace and pointed out an abnormal operating
mode that could be considered unsafe. Carrier has responded to this comment by stating that the failure mode pointed out by the commenter has been taken
into consideration in the certification process by the American Gas
Association Laboratories and furthermore this design with the draft safeguard feature provides a higher overall level of safety than natural draft furances presently on the market. DOE agrees and is therefore not considering further investigation of the safety aspects of this design. In consideration of the foregoing, it is therefore ordered that: (1) The "Petition for Waiver" filed by Carrier Corporation on September 26, 1980, is hereby granted in part as set forth in Paragraph (2) below, subject to the provisions of Paragraphs (3), (4), (5) and (6). (2) Notwithstanding any contrary provisions of 10 CFR, Part 430, Carrier Corporation shall be permitted to test its induced draft gas furnace on the basis of the test procedures specified in 10 CFR, Part 430, Appendix N, with the modifications set forth in Paragraph (3) below. (3) Notwithstanding any contrary provisions of 10 CFR, Part 430, Carrier Corporation, in tests of its induced draft gas furnaces, shall be permitted to assign the following system values and assumptions: 

### (a) S/F=1 (b) Ds=Dt=Dv 

### (c) system number =2 (d) TFSS=TSSS, and (e) XC02F=XC02S
(4) With the exception of the modifications set forth in Paragraph (3) above, Carrier Corporation shall comply in all respects with the test procedures specified in 10 CFR, Part 430, Appendix
N. (5) The waiver shall remain in effect only until the Department of Energy issues test procedures appropriate to the type of induced draft gas furnace manufactured by Carrier Corporation and shall in any event expire (one year from issuance).

' As mentioned in the amendments to furnace test procedures (45 FR 53714, August 12, 1980), a conservative rating does not justify reduced

accuracy

. Rather

, it provides a means for a manufacturer to eliminate unnecessary burdens. (6) This waiver is based upon the presumed validity of statements, allegations, and documentary materials submitted by the applicant and commenters. This waiver may be revoked or modified at any time upon a
determination that the factual basis underlying the application is incorrect.

Issued in Washington, D.C.. April 15, 1981. Frank DeGeorge,
Acting Assistant Secretary for Conservation and Renewable Energy

MFR Doc. 81-11929 filed 4-20-81 ; 8:45 am]

BILLING CODE 8450-O1-M

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