### 100 Federal Register / Vol. 60, No. 1 / Tuesday, January 3, 1995 / Notices

Office of Energy Efficiency and Renewable Energy

[Case No. F-077)



### Energy Conservation Program for Consumer Products: Decision and Order Granting a Waiver from the Furnace Test Procedure to York International

AGENCY: Office of Energy Efficiency and Renewable Energy. Department of Energy

ACTION : Decision and Order

SUMMARY : Notice is given of the Decision and Order (Case No. F-077) granting a Waiver to York International (York) from the existing Department of Energy (DOE) test procedure for furnaces. The Department is granting York's Petition for Waiver regarding blower time delay in calculation of Annual Fuel Utilization Efficiency (AFUE) for its P2LN and PBNL lines of condensing furnaces.

FOR FURTHER INFORMATION CONTACT:

Cyrus H. Nasseri, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Mail Station EE-431, Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 20585, (202) 586-
9138.
Eugene Margolis, Esq., U.S. Department of Energy, Office of General Counsel. Mail Station GC-72, Forrestal Building, 1000 Independence Avenue, SW., Washington. DC 20585, (202)
586-9507.

SUPPLEMENTARY INFORMATION: In accordance with 10 CFR 430.27(g),
notice is hereby given of the issuance of
the Decision and Order as set out below. In the Decision and Order, York has been granted a Waiver for its P2LN and PBNL lines of condensing furnaces, permitting the company to use an
alternate test method in determining
AFUE.

### Federal Register / Vol. 60, No. 1 / Tuesday, January 3, 1995 / Notices 101

Issued in Washington, DC, on December 23, 1994. Christine A. Ervin, Assistant Secretary, Energy Efficiency and Renewable Energy.



### Decision and Order

In the matter of, York International. (Case No. F-077)

Background

The Energy Conservation Program for Consumer Products (other than automobiles) was established pursuant to the Energy Policy and Conservation Act (EPCA), Public Law 94-163, 89 Stat. 917, as amended by the National Energy Conservation Policy Act (NECPA), Public Law 95--619, 92 Stat. 3266, the National Appliance Energy Conservation Act of 1987 (NAECA), Public Law 100-12, the National Appliance Energy Conservation Amendments of 1988 (NAECA 1988), Public Law 100-357, and the Energy Policy Act of 1992 (EPAct), Public Law 102-486, 106 Stat. 2776, which requires DOE to prescribe standardized test procedures to measure the energy consumption of certain consumer products, including furnaces. The intent of the test procedures is to provide a comparable measure of energy consumption that will assist consumers in making purchasing decisions. These test procedures appear at 10 CFR Part 430, Subpart B. The Department amended the prescribed test procedures by adding 10
CFR 430. 27 to create a waiver process.
45 FR 64108 , September 26, 1980. Thereafter, DOE further amended its appliance test procedure waiver process to allow the Assistant Secretary for Energy Efficiency and Renewable Energy (Assistant Secretary) to grant an Interim Waiver from test procedure requirements to manufacturers that have petitioned DOE for a waiver of such prescribed test procedures. 51 FR 42823,
November 26, 1986. 

### The waiver process allows the Assistant Secretary to waive temporarily test procedures for a particular basic model when a petitioner shows that the basic model contains one or more design characteristics which prevent testing according to the prescribed test procedures, or when the prescribed test procedures may evaluate the basic model in a manner so unrepresentative of its true energy consumption 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 the waiver. The Interim Waiver provisions 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 Waiver is denied, if it appears likely
that the Petition for Waiver will be granted, and/or the Assistant Secretary determines that it would be desirable for public policy reasons to grant immediate relief pending a determination on the Petition for
Waiver. An Interim Waiver remains in effect for a period of 180 days or until DOE issues its determination on the Petition for Waiver, whichever is sooner, and may be extended for an additional 180 days, if necessary. York filed a "Petition for Waiver," dated September 22, 1994, in accordance with Section 430.27 of 10 CFR Part 430. The Department published in the Federal Register on November 10, 1994, York's petition, and solicited comments, data, and information respecting the petition. 59
FR 56064. York also filed an "Application for Interim Waiver" under Section 430.27(g), which DOE granted on November 2, 1994. 59 FR 56064, November 10, 1994. No comments were received concerning either the "Petition for Waiver" or the "Interim Waiver." The Department consulted with the Federal Trade Commission (FTC) concerning the York Petition. The FTC did not have any objections to the issuance of the waiver to York.

Assertions and Determinations

York's Petition seeks a waiver from the DOE test provisions that require a i.5-minute time delay between the ignition of the burner and the starting of the circulating air blower. York requests
the allowance to test using a 30-second blower time delay when testing its P2LN and PBNL lines of condensing furnaces.
York states that since the 30-second delay is indicative of how these models actually operate, and since such a delay
results in an overall furnace AFUE improvement of approximately 1.5 percentage points, the petition should be granted. Under specific circumstances, the DOE test procedure contains exceptions which allow testing with blower delay times of less than the prescribed 1.5- minute delay. York indicates that it is unable to take advantage of any of these exceptions for its P2LN and PBNL lines of condensing furnaces. 

### Since the blower controls incorporated on the York furnaces are designed to impose a 30-second blower delay in every instance of start up, and since the current provisions do not specifically address this type of control, DOE agrees that a waiver should be granted to allow the 30-second blower time delay when testing the York P2LN and PBNL lines of condensing furnaces. Accordingly, with regard to testing the P2LN and PBNL condensing furnaces, today's Decision and Order exempts York from the existing provisions regarding blower controls and allows testing with the 30-second delay. 

### It is, therefore, ordered that: (1) The "Petition for Waiver" filed by York International. (Case No. F-077) is hereby granted as set forth in paragraph (2) below, subject to the provisions of paragraphs (3); (4), and (5). (2) Notwithstanding any contrary provisions of Appendix N of 10 CFR Part 430, Subpart B, York International, shall be permitted to test its P2LN and
PBNL lines of condensing furnaces on the basis of the test procedure specified in 10 CFR Part 430, with modifications set forth below: (i) Section 3.0 of Appendix N is deleted and replaced with the following paragraph: 3.0 Test Procedure. Testing and measurements shall be as specified in Section 9 in ANSI/ASHRAE Standard 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: (ii) Add a new paragraph 3.10 to Appendix N as follows: 3.10 Gas- and Oil-Fueled Central Furnaces. The following paragraph is in lieu of the requirement specified in Section 9.3.1 of ANSI/ASHRAE Standard 103-82. 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 power burner and the indoor air circulating 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

### 102 Federat Register / Vol. 60, No. I / Tuesday, January 3 , 1995 / Notices

time delay, (t-), using a stopwatch. 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 columnof the manufacturer's recommended onperiod draft. (iii) With the exception of the modifications set forth above, York International shall comply in all respects with the test procedures specified in Appendix N of 10 CFR Part 430, Subpart B. (3) The Waiver shall remain in effect from the date of issuance of this Order until DOE prescribes final test procedures appropriate to the P2LN and PBNL lines of condensing furnaces manufactured by York International. (4) This Waiver is based upon the presumed validity of statements, allegations, and documentary materials submitted by the petitioner. This Waiver may be revoked or modified at any time upon a determination that the factual basis underlying the petition is incorrect. (5) Effective December 23. 1994, this Waiver supersedes the Interim Waiver granted York International on November 2, 1994. 59 FR 56064, November 10, 1994 (Case No. F--077Y.

Issued In Washington, DC. on December 23, 1994. Christine A. Ervin,
Assistant Secretary, EnergyEffciency and Renewable Energy.

]FR Doc. 94-32319 Filed 12-30- 94: 8:45 am]

BILLING CODE 6450-01-0