## 55FR31099
Federal Register / 

## Vol. 55, 

## No. 147 / Tuesday, 

## July 31, 1990 / 

## Notices 

## 31099

Basin's- jurisdictional customers amf interested state regulatory agencies.

Any person desiring to be heard 

### or to protest said filing should 

### file a motion.to intervene orprotestwith the Federal Energy Regulatory Commission. 825 

### North Capitol Street 

### NE.. Washington, DC 20426. in

### accordance 

### with § § 

### 385.214 and385.211 of

### theCommission's 

### Rules an<J. Regulations; 

### All 

### such motions- or protests should be filed on orbefore August 1, 1990. Protests will be considered by the Commission 

### in determining the. appropriate 

### actioniabe taken, but 

### will not serve. to make 

### protestants parties to the proce.eding. Any person wishing to become a party
must fiie a rt.ofion to intervene. Copies of

### this filing are

### on file ·with the Commission and are available for public inspection in the public.reference room. Lois I}. Cashell,

- 

### Secretary.
[PR Doc. 91l-17715

## rued 7-3U-90; 8:45 amJ

EllLUNG C<ODE 67l7-0t-r.t



### Office of Conservation and 

### Renewable Energy

Energy Conservation Program for 

### Consumer i)roducts;

### Application for 

### InterimWaiver and Petitionfor Waiver

### From

AGENCY:· 

### Conservation and.Renewable 

# Energy Office, Department 

### ofEnergy.**swn~v:,**

### Today'snotice publishes a leUergranting an Interim Waiver to · Inter-City Products Corporation (lnterCity Products) from the existing Department ofEnergy (DOE) test procedures for furnaces regarding. blower time delay for its NUGV(

- 

## l line · 

### ofcondensing gas furnaces.

Today's notic!l

..also publishes 

### a "Petition for Waiver" from Inter-City Products. biter-City Product's.Petition for Waiverreq\iestsDOE to grant relief from the DOE. tes.tprocedures.relating

### to the blower

..time 

### delay specj.fk:ation. Inter-City Productsseeks tQ 

### test usinga blower

### delay time 

### of30 

### sei::onds for NUGV(-

## l condensing gas

### furnaces insteadofthe 

### specified 1.5 

### minute delay 

### betweenburner

### on-time andblower 

### ontime

..DOE

### is soliciting eomments, data, and·infor.mationrespecting.the Petition forWaiver. · ·
. . DATES:

### DOE

### ~ill**a~~ept** comnients.,data, 

### andinformationnot later than**A~gust** 

### 30,.1990.

ADDRESSES: 

### Writtencomments and
statementsshallbe·sent 

### to: Department ofEriergy, Office ofConservation and R1mewable Energy, Case No. F--023, Mail Stop CE-43, 

### Forrestal Building, 1000 Independence Aven1.1e, SW

.. Washington, DC. 

### 20585.

FOR FURTHER INFORMATION CONTACT: 

### Cyrus 

### H. Nasseri, U.S. Department of

Energy, Office 

### of Conservation and Renewable Energy, Mail Station CE43, ForrestalBuilding, 1000 IndependenceAvenue, SW., (202} 

### 586- 9127.

. Eugene Margolis, Esq., U.S. Department

ofEnergy, Office of General Counsel, Mail StationGC-12, Forrestal Building, 1000 Inde.pendence Avenue, SW., Washington, DG 

### 20585, (202} 586-9507. Background

TheEnergy Conservation

### Program for ConsumerProducts (other

### than automobiles) was esablishedpursuant
to the Energy Policy and Conservation Act (EPCA), Public Law 94-1153, 8!fStat 917, as amended by the National Energy Conservation

### Policy Act 

### (l\TECPA}. Public Law 

### 95-619,.92 Stat. 3.266, the NationalAppliance Energy ConservationAct of 1987 (NAECA), 

### Public Law 

### 100-12, and the National Appliance Energy Conservation Amendments of 1988 (NAECA 

### 1988), Public Law 100-357, which requires DOE 

### to prescribe standardizedtest procedures to measure the energy consumption of certain consumer products, including furnaces. The intent of Llie test procedures is 

### to provide a comparable.measure ofenergy consumption that will assist consmner in 

### making purchasing decisions. These
test procedures appear at 10 CFR 

### part 430, subpart 

### B.

DOE has amended the prescribed test procedures by adding 10 CFR 430.27 on September 28, 1980.

### creating the waiver process.-45 

### FR 64108. DOE fort.her amended the Departments' appliance
test procedure waiverprocess to allow the Assistant Secretary

### for Conservation and Reneweable Energy (Assistant Secretary} 

### to grant aninterim waiver fromtest procedurerequirements to manufacturers that have petitioned DOE 

### for a waiver of such prescribed test procedures.51 FR 42823, November 26. 

### 1986.

The waiverproc.ess a:Ilows the 

### Assistant Secretary to waive temporarily test procedures.for a particularbasicmodel when a petitioner shows- that the basicmodel containsone

ormore design**characteristi~** 

### which prevent testing at:cording to the prescribed test procedures or when the prescribed test procedures may evaluate the basicmodel in a mannerso unrepresentativeofits true ensrgy consun1ption 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 subject of a waiver.

The interim waiverprovisions, added by the 1986 amendment, allow the Assistant Secretary to grant an interim waiver when it is determined that the applicant will experience economic hardship if

### the Application for Interim Waiveris denied, 

### if

### it appears likely that the petition for waiver will be granted, and/orthe Assistant Secretary determined that it would be desirable for public policy reasons to grant immediate reliefpending 

### a determination on 

### Llie petition 

### for waiver.

On May 1, 1990, Inter-City Products filed an Application for an Interim Waiver regarding blower time delay. Inter-City Products application seeks an 

### interim waiver from the DOE test provisions that require a 1.5 minute time delay between the ignition ofthe burner and starting ofthe circulating air blower. Instead, Inter-City Products requests the allowance to test using 

### a 30 

### secondblower time delay when testing its 

### NUGV(

- ) 

### condensing gas furances. Inter-City Products states that the 3Ct 

### second delay is indicative ofhow these furnaces actually operate. Such 

### a delay results in 

### an energy savings of approximately 1.0 percent. Since current DOE test procedures do 

### not address this variable blower time delay, Inter-City Products ask that the interim 

### waiver be granted.

Previous waivers 

### for this type of timed blower delay control have been granted by the Department to the Coleman Company, 50 FR .2710, January 18, 1985, the Magic ChefCompany, 50 FR 

### 41553, October 11, 

### 1985. the Rheem Manufacturing Company, 53 

### FR 48574, December 1, 1988, and 55 FR 3253. January 31, 1990, the Trane company, 54 

### FR 19226, May 4, 

### 1989, OMO Industries., 55 

### FR 4004, February 6, 1990, HeilQuaker Corporation, 55FR 13184, April 9, 1990, and Carrier Corporation, 55 

### FR 13182, April 9, 1990. Thus, it 

### appears likely that lhe Petition for Waiver will be granted for blower time delay.

The Department finds that it 

### would 

### be deswable for publicpolicy reasons to grant Inter-City Products Application

### for Interim Waiver. Specifically, in those instances where the likely success ofthe petition for waiver has been demonstrated based upon DOE having •granted a waiver for a similar prod11ct design, it is fu 

### the product's interest to havethe similarproducts tested and rated for energy consumptio:n on a comparable basis.

## 55FR31099 31100 Federal Register / Vol. 55, No. 147 / Tuesday, July 31, 1990 / Notices

Plirsuant to paragraph (b) oflo CFR 430.27, DOE is hereby publishing the "Petititm'for Waiver" in its entirety. The petition contains no confidential information. DOE solicits comments, data, and information respecting the petition.

In addition, pursuant to paragraph (e) of § 

### 430.27 ofthe Code ofFederal Regulations, the following lettergranting the Application for Interim Waiver was issued to'Inter-City Products Corporation.

Issued in Washington, DC, July 23; 1990. 

## J. Michael Davis, AssistantSecretary Conservation and RenewableEnergy. Deparbnent ofEriergy Washington, DC 20585 July 23, 1990.
Mr. W.E. Dalton, Vice PresidentEngineering, Inter-City Products Corporation, 1136Heil-Quaker Boulevard P.O. Box3005, Lavergne, TN 37086-1985. DearMr. Dalton: This is in response to your May 1, 1990, Application for Interim Waiver and Petition for Waiverfrom the Department ofEnergy (DOE) test procedures for furnaces when testing Inter-City Products Corporation NUGV(-) condensing gas fumaqes regarding blower time delay.

Pursuant to the Energy Policy and Conservation Act, as amended, DOE has prescribed test procedure's to measure the
energy consumption ofcertainmajor household appliances, including furnaces. The intent ofthe test procedures is to provide

a comparable measure of energy constimption that will assist consumers in making purchase decisions. These test procedures appear in Code ofFederal Regulations at 10 CFR part 430, subpart B.

DOE amended the test procedure • regulations on September 26, 1980,(45 FR 64108) and November 26, 1986, [51FR42823] by adding paragraph 430.27. These provisions allow the }\.ssistant Secretary for Conservation and Renewable Energy (Assistant Secretary} to waive temporarily
test procedures for a particularbasic model when a petitioner shows that the basic model cqntains one ormore design characteristic which prevent testing ofthe basicmodel according to the prescribed test procedures or. may evaluate the basic model in a manner so unrepresentative ofits true energy consumption characteristics as to provide materially inadequate comparative data. The 1986 amen"dments added provisions allowing the Assistant Secretary to grant an interim waiver for a particular basic model when a petitioner demonstrates the likely success of the petition for waiver, it is determined that the applicant will experience economic hardship 

### if the Application for Interim Waiver is denied and/or the Assistant Secretary determines that it would be desirable for public policy reasons to grant immediate reliefpending a determination on the petition for waiver.

Previous waivers· for timed blower delay control have been granted to the 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, and 55 FR 3253, January 31, 1990, the Trane Company, 54 FR 19226, May 4, 1989, DMO Industries, 55 FR 4004, February 6, 1990, Heil-QuakerCorporation, 55 FR 13184, April 9, 1990, the CarrierCorporation, 55 FR 13182, April 9, 1990.

Inter-City Products Application for Interim Waiver does notprovide sufficient information to evaluate what, 

### ifany, economic impact or competitive disadvantage Inter-City Products will likely experience absent a favorable determination on the application for interim waiver. Inter-City Products feels that its competitive position in the marketplace would be compromised if this Application for Interim Waiveris not granted. However, the Department finds that it would be des!rable for public policy

reasons to grant Inter-CityProducts Application for Interim Waiver. Specifically, in those instances where the likely success of the petition for waiverhas been demonstrated based upon DOE having granted a waiver for a similarproduct design, it is in the public's interest to have the similar products tested and rated for energy consumption on a comparable basis.

Therefore, Inter-City Products Application for an Interim Waiverrequesting a change from the DOE testprocedures for its NUGV(

- ) condensing gas furnaces regarding blower time delay is granted.

Inter-City Products shall be permitted to test its line of NUGV(-

### Jcondensing gas furnaces on the basis ofthe testprocedures specified in 10 CFR part430, with the modifications set forth below.

(i) Section 9.3.1 ofANSI/ASHRAE Standard 103-1982 is deleted and replaced with the following paragraph:

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 powerburner and the indoor air circulation blower, in which case the burner and blower shall be started together; (2) the furnace is designed to operate using an unvarying delay time friat 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, 

### ifthe 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 oilfueled furnaces, maintain the draft in the flue pipe with ± 0.01 inch of water gauge 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 revoked or modified
at any time upon a determination that the factual basis underlying the application is incorrect.

Theinterim waiver shall remain in effect for a period of180 days or until DOE acts on the Petition for Waiver, whichever is sooner. 

### IfDOE has not acted by the expiration of that period, 

### it will exercise its statutory authority
to extend the interim waiver for an additional 180-dayperiod. Sincerely, 

## J. Michael Davis, P.E.
AssisiantSecretary, Conservation and RenewableEnergy. Mayl, 1990.
Assistant Secretary, Conservation and Renewable Energy, · UnitedStates Department o.f Energy, 1000 ·IndependenceAvenueSW, Washington, DC20585. Gentleman: Please consider this Petition for Waiver and Application for Interim Waiver pursuant to Title 10 CFR 430.27.

Waiveris requested from the test procedures covering gas furnaces found at appendix N to subpart B of 10 CFR part 430. The current Heat-Up Test procedures requires a 

## 1.5 minute time delay between burner and blower startup. Inter-City Products (formerly Heil-Quaker) is requesting
to use 30 seconds instead of 1.5 minutes for condensing gas furnace model family NUGV(

- ). These models will employ an unvarying electronic timing control which will start the blower in approximately 30 seconds. This will reduce lost energy**outih.~!** · vent system and can improve energy savings-" approximately 1 percent.

An Interim Waiver is requested. Several other manufacturers of similar furnaces have been granted the waiver to use reduced blower start up times. Known manufacturers of similar furnaces as shown in Attachment A have been sent a copy of our petition. Respectfully yours, Inter-City Products Corp

.. W.E. Dalton,
VicePresMentEngineering. Mayl, 1990.

Attachment A

List ofknown Manufacturers which we have sent a copy of our request for Petition for Waiver and Interim Waiver to:

. Amana Refrigeration, Inc.; Mr. Robert

DeHann, Amana, Iowa 52204 TheTrane Company, Mr. L.E. Chaump, 6200

Troup Hwy

.. Tyler, Texas 75711 Evcon Industries, Inc., Mr. Bob Hoffman,

Heating and Air Conditioning Group, 3110 N. Mead, P.O. Box 19014, Wichita, Kansas 67204-9014 DMO Industries, Mr. PeterJanes, 1969 Leslie

Street, Don Mills, Ontario, Canada M3B 2M3 Armstrong Air Conditioning, Inc., Mr. Robert

E. Johnson, 421 Monroe Street, Bellevue, Ohio44811 Bard Manufacturing Company, Mr. Richard

0. Bard, P.O. Box 607, Bryan, Ohio 4350B

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