## 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 ofthe Application for InterimWaiver and Publishing ofthe Petition forWaiver of 

### DOE FumaceTesfProcedures from · Evcon 

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

AGENCY: 

### Office ofEnergy Efficiency and Renewable Energy_, Department of Energy.
ACTION: 

### Notice.

SUMMARY: 

### Today's notice publishes a letter granting anInterim Waiver to Evcon Industries, Inc. (Evcon) from the existing Dep8rtmenfofEnergy (DOE) test procedure regardingblowertime 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 relieffrom the DOE '

, the**applia~ce** 

### test procedure waiver furnace test procedure relating to the ·process to allow the Assistant Secretary blowertime delay specification. Evcon for Energy Efficiency and Renewable seeks to test using ablower delay time Energy (Assistant Secretary) to grant an of30 seconds for its AGU, BGU, and InterimWaiver from test procedure BGD series gas furnaces instead ofthe requirements to manufacturers that have specified 1.5-minute delay between petitionedDOE for a waiver ofsuch burner on-time andblower on-time. The prescribed test procedures. 51 FR 42823, Department issoliciting 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 particularbasic model when a petitioner 15, 1994. shows thatthe basic model contains one 'ADDRESS: 

### Written comments and ormore design characteristics which statements shallbe.sent to: Department preventtesting according to the ofEnergy, Office ofEnergy Efficiency prescribed test procedures, orwhen the and Renewable-Energy, Case No. F-072, prescribedtest procedures may evaluate Mail Stop EE-43, Room 5E-o66,

, the basic model in·a manner so Fo:rrestal Building, 1000 Independence unrepresentative ofits 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 effectuntil final test Cyrus H. 

### Nasseri, U.S. Department of procedure amendments become

Energy, Office ofEnergyEfficiency effective, resolving the problem that is and Renewable Energy, Mail Station the subject ofthe 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 itis determined that the applicant Eugene Margolis, Esq., U.S. Department will experience economic hardship if

ofEnergy, Office ofGeneral Counsel, the Application for Interim Waiver is Mail Station GC-72, Forrestal denied, ifit 

### appears likely thatthe

. Building, 1000 Independence Avenue Petition for Waiver will be granted, and/ SW., Washington, DC 20585, (202) orthe Assistant Secretary determines 586-9507. that it wouldbe desirable for public SUPPLEMENTARY INFORMATION: 

### The policy reasons to grant immediate relief Energy Conservation Program for pending a determination onthe Petition ConsumerProducts (other than for Waiver. An 

### Interim Waiver remains automobiles) was established pursuant ineffect for a period of180 days or until to the Energy Policy andConservation DOE issues its determination on the Act (EPCA), Public Law 94-163, 89 Stat. Petition for Waiver, whichever is 917, as amendedby·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 of1987 (NAECA), regardingblowertime 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 ofthe-burner and starting of Policy Act of 1992 (EPAct), Public Law the circulating afrblower. Instead, 102-486, 106 Stat. 2776; which requires Evconrequests the allowance to test DOE to prescribe standardized test using a 30-secondblower time delay procedures to measure the energy whentesting its AGtJ, BGU, andBGD consumption ofcertain consumer series gas furnaces. Evcon states that the products, including furnaces. The intent 30-second delay is indicative of**ho~** 

### ofthe test procedures is to provide a these furnaces aetually operate. Such

# a comparable measure ofenergy delay results'in a 1.0 to 2.0 percept consumption that will assist consumers · . improvement in overall energy inmaking purchasing decisions. These

.· efficiency. Since currentDOE 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 Waiverbe granted.

·prescribed test proceduresby adding 10 .The Departmenthas 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 oftime blower delay controlhave 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 FR46574, 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, 56FR 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-CityProducts Corporation, 55 FR 51487, December 14, 1990, and 56 FR63945, December 6, 1991;DMO Industries, 56 FR4622, February 5, 1991; Heil-Quaker Corporation, 56 FR 6019, February 14, 1991; CarrierCorporation, 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;

. SnyderGeneral Corporation, 56 FR 54960, September9, 1991; Goodman Manufacturing Corporation, 56 FR 51713, October 15, 1991, 57 FR 27970, June 23, 1992 and 59 FR 12586,March 17, 1994;TheDucane CompanyInc'., 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 similarproducts 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 ofthe Code ofFederal Regulations Part 430, the following letter grantingthe 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 containsno confidential · information. The Department solicits comments, data, and information respecting the petition.

Issued in Washington, 

### DC; July 9, 1994. ChristineA. 

### Ervin,
AssistantSecretary, EnergyEfficiencyand RenewableEnergy

. . DeparbnentofEnergy Washington, DC 20585 July 9, 1994
Mr. Tom Chase. SeniorDesign Engineer, Evcon Industries, Inc., P.O. Box 19014, Wichita, KS 67204- 9014 Dear Mr. Chase: This is in response toyour May 11, 1994, Application for Interim Waiver. and Petition for Waiver from the Department ofEnergy (DOE) test procedure regarding blowertime delay for Evcon Industries, Inc. (Evcon) AGU. BGU, and BGD series gas furnaces.

Previous waivers for this type oftimed blowerdelay control havebeen granted by DOE to Coleman Company, 50 FR 2710, · January 18, 1985; Magic ChefCompany. 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-QuakerCorporation, 56 FR 6019, February 14, 1991; CarrierCorporation, 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; SnyderGeneral 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 AirConditioning, 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 ManufacturingCompany. 57 FR 53733, November 12, 1992, Thus, it appears likely that the Petition for Waiver will begranted for blowertime delay.

Evcon's Application for Interim Waiver does not provide sufficient information to evaluate what, ifany, economic impact or competitive disadvantage Evcon will likely experienceabsent a favorable determination

on its application.

However, in those instances where the likely success ofthe Petition for Waiver has been demonstrated, based upon DOE having grantfld a waiverfor 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 seriesgas furnaces regarding blower time delay is granted.

Evcon shall

### be permitted to test its AGU, BGU, and BGD series gas furnaces on the basis ofthe test procedures specified in 10 CFR Part430, 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 shallbeas specified in Section 9 in ANSI/ASHRAB 103-82 with the l exception ofSections 9.2.2, 9.3.1, and 9.3.2, and the inclusion ofthe following additional procedures:

(ii) Add a new paragraph 3.10 in Appendix N as follows:

3.10 Gas· and Oil-Fueled Central Furnaces. Afterequilibriumconditions 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 minutesafter the main burner(s) comes on. After the burnerstart-up, delay the blower start-upby. 1.5 minutes (t-) unless: (1) the furnace employs a single motorto drive the power burnerand the indoor aircirculation blower, in which case theburnerand 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 casethe fan control shall be permitted to start the blower; or(3) the delay timeresults in the activation ofa temperature safety device which shuts offthe burner, In which case the fan control shall bepermitted to startthe blower. In the lattercase, ifthe fan control 

### is adjustable, set it to start the blowerat the highest temperature. 

### Ifthe fan control is permitted to start the blower, measure time delay (t-) using a stop watch. Record the measured temperatures. During theheat-up
test for oil-fueled furnaces, maintain the draft in the flue pipe within ±0.01 inch ofwater column ofthe manufacturer's recommended on-period draft.**Thi~** Interim Waiver is based upon the presumed validity ofstatements and all allegations supmitted by the company. This Interim Wai.ver may be removed ormodified

## 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 oruntil DOE acts on the Petition for Waiver, whichever is sooner, an.d .may be extended for an additional 18().. day period, ifnecessary. Sincerely,
Christine A. Ervin, Assistant**Secretary~**EnergyEfficiencyand RenewableEnergy.

EvconIndustries, Inc. May 11, 1994.
Mr. Cyrus Nasseri, AssistantSecretary, Conseivation and RenewableEnergy, United States Department of Energy; 1000 IndependenceAvenueSW., Washington, DC20585 Dear Mr. Nasseri: Please consider this petition for waiver and application for · interim waiver submittedpursuant to title 10 CPR 430.27. Waiver is requested from the furnace test procedure prescribed in Appendix N to Subpart B 

### ofPart 430. The
current test procedure requires a 

### 1.5 minute delay from burner startup toblower startup. Evcon is requesting authorization to use a 30 secondblower delay on our

### AGU, BGU and 

### BGD Seriesgas furnaces. These units are equipped with 

### an**ele~tronic** device which controls the blower, using a fixed, nonadjustable timing sequence.

This 30 second time delayreduces the
amount ofheat lost outofthevent system during warm-up, resultingina 1 to 2 percent improvement inoverall energyefficiency. The current testprocedure does not give Evcon credit for this energy savings.

Evcon has previouslybeengranted waivers regarding furnace blower on· timings, as have

. mpst othermanufacturers ofgas furnaces.

Also ASHRAE Standard 103-1993, paragraph 9.5.1.2.2 specifically addresses testingof furnaces with fixed blowertime delays.

.

Confidential test data which verifies these energy savings are available toyou·upon your request. 

### A copy ofthis petition for waiver and application for interim waiver is being
sent to othl!r domestic manufacturers of similarproducts.

sincerely,
Tom

### Chase,
SeniorDesign Engineer. (FR Doc

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

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