### 68400 Federal Register / Vol. 58, Nor. 246 / Monday, December 27, 2993 / Notices

Office of Energy Efficiency and . Renewable Energy
[Case No. F-0651


### Energy Conservation Program for Consumer Products: Granting of the Application for Interim Waiver and Publishing of the Petition for Waiver of DOE Furnace Test Procedures From Carrier Corp.

AGENCY : Office of Energy Efficiency and Renewable Energy. Department of Energy. ACTN?N: Notice.



### SUMMARY : Today's notice publishes a letter granting an Interim Waiver to Carrier Corporation (Carrier) from the existing Department of Energy (DOE) test procedure regarding blower time delay for the company's 48HJ. 48HM, 48TJ/580D, 48SS/588A, and 48SX/589A induced draft roof- top furnaces. Today's notice also publishes a "Petition for Waiver" from Carrier. Carrier's Petition for Waiver requests DOE to grant relief from the DOE furnace test procedure relating to the blower time delay specification. Carrier seeks to test using a blower delay time of 45 seconds for its 48HJ, 48HM, 48TJ/ 580D, 48SS/588A, and 48SX/589A induced draft roof- top furnaces instead of the specified 1.5-minute delay between burner on-time and blower ontime. The Department is soliciting comments, data, and information respecting the Petition for Waiver.
DATES : DOE will accept comments, data, and information not later than January 26, 1994.
ADDRESSES : Written comments and
statements shall be sent to: Department of Energy, Office of Energy Efficiency" and Renewable Energy, Case No. F-065, Mail Stop EE-90, room 68-025, Forrestal Building, 1000 Independence Avenue, SW.. Washington, DC 20585. (202) 586-0561.

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 205$5, (202) 586-
7140 Eugene Margolis, Esq., U.S. Department of Energy. Office of General Counsel, Mail Station GC-41, Forrestal ' Building, 1000 Independence Avenue, SW., Washington, DC 20585 (202) 586-9507
SUPPLEMENTARY INFORMATION: 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 1952 (EPAct), Public Law 102-486.106 Stat. 2776, which requires 

### DOE to prescribe standardized teat 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 on September 26. 1990, creating the waiver process. 45 FR 64108. Thereafter, DOE further amended the 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 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. On October 13, 1993, Carrier filed an Application for Interim Waiver regarding blower time delay. Carrier's Application seeks an Interim Waiver from the DOE test provisions that require a 1.5-minute time delay between the ignition of the burner and starting of the circulating air blower. Instead. Carrier requests the allowance to test using a 45-second blower time delay

### Federal Register / Vol. 58, No. 246 / Monday, December 27, 1993 / Notices 68401

when testing its 48HJ, 48HM, 48TJ/ interest to have similar products tested Industries Corporation, 57 FR 22220 , May 27, 580D, 48SS/588A, and 48SX/589A and rated for energy consumption on a 1992 ; Evcon Industries, Inc., 57 FR 47847, induced draft roof-top furnaces. Carrier comparable basis. October 20,1992; and Bard Manufacturing states that the 45-second delay is Therefore, based on the above, DOE is Company, 57 FR 53733, November 12, 1992. indicative of how these furnaces granting Carrier an Interim Waiver for Thus, it appears likely that the Petition for
actually operate. Such a delay results in its 48HJ, 48HM, 48TJ/580D, 48SS/588A, Carrier's will cnt for blower time delay. s App lication for Interim Waiver an energy savings of approximately 0.6 and 48SX/589A induced draft roof-top does not provide sufficient information to percent. Since current DOE test furnaces. Pursuant to paragraph (e) of evaluate what, if any, economic impact or. procedures do not address this variable § 430.27 of the Code of Federal competitive disadvantage Carrier will likely blower time delay. Carrier asks that the Regulations part 430, the following experience absent a favorable determination Interim Waiver be granted. letter granting the Application for on its application. However

, in those The Department has published a Interim Waiver to Carrier was issued

. instances where the likely success of the Notice of Proposed Rulemaking on Pursuant to paragraph (b) of 10 CFR Petition for Waiver has been demonstrated, August 23, 1993 (58 FR 44583 ) to amend 430.27, DOE is hereby publishing the based upon DOE having granted a waiver for
.the furnace test procedure, which "Petition for Waiver" in its entirety. The a. similar product design , it is in the public interest to have similar products tested and addresses the above issue. petition contains no confidential rated for energy consumption on a Previous waivers for this type of time information. The Department solicits comparable basis. blower delay control have been granted comments , data

, and information Therefore, Carrier' s Application for an by DOE to Coleman Company, 50 FR • respecting the petition. Interim Waiver from the DOE test procedure 2710, January 18, 1985; Magic Chef for its 48HJ, 48HM, 48TJ/58oD, 48SS/588A, Issued in Washington, DC, December 17, Company, 50 FR 41553, October 11, 1993 and 48SX/589A induced draft roof-top 1985; Rheem Manufacturing Company, furnaces regarding blower time delay is 53 FR 48574, December 1, 1988 , 56 FR C hristine A. Ervin, granted.
2920, January 25, 1991, 57 FR 10166, Assistant Secretory, Energy E/iciencyand Carrier shall be permitted to test its 48HJ,
March 24, 1992, and 57 FR 34560, Renewable Energy. 48HM, 48T)/580D, 48SS/588A, and 488X/
August 5,1992; Trane Compan y , 54 FR December 17,1993. 589A Induced draft roof- top furnaces on the Pan Y, Mr. Edward A. Gaily, basis of the test procedures specified in 10 19226, May 4, 1989, 56 FR 6021, Vice President. Government & Industry CFR part 430, subpart B, -Appendix N, with February 14, 1991, 57 FR 10167, March Relations, Carrier Corporation, P.O. Box the modification set forth below: 24, 1992, and 57 FR 22222, May 27, ' 4808, Syracuse, New York 13221. (1) Section 3.0 in Appendix N is deleted 1992; Lennox Industries, 55 FR 50224, Dear Mr. Gaily: This is in response to your and replaced with the following paragraph: December 5, 1990, and 57 FR 49700, October 13, 1993, Application for Interim 3.0 Test Procedure. Testing and November 3, 1992; Inter-City Products Waiver and Petition for Waiver from the measurements shall be as specified in Corporation, 55 FR 51487, December 14, Department of Energy (DOE) test procedure Section 9 in ANSI/ASHRAE 103-82 with the 1990, and 56 FR 63945, December 6, regarding blower time delay for Carrier exception of Sections 9.2.2, 9 .3.1, and. 0.3.2. 1991; DMO Industries, 56 FR 4622, Corporation (Carrier) 48HJ, 48HM, 48TJ/ and the inclusion of the following additional February 5, 1991; Heil-Quaker 580D, 48SS/588A, and 48SX/589A induced procedures: Corporation, 56 FR 6019, February 14, draft roof-top furnaces. (il) Add a new paragraph 3.10 in Appendix ^' Previous waivers for this type of timed N as follows : 3.10 Gas- and Oil-Fueled 1991; Carrier Corporation, 56 FR 6018, blower delay control have been granted by Central Furnaces. After equilibrium February 14, 1991, and 57 FR 38830, DOE to Coleman Company, 50 FR 2710,, conditions are achieved following the coolAugust 27, 1992; Amana Refrigeration January 18, 1985 ; Magic Chef Company, 50 down test and the required measurements Inc., 56 FR 27958, June 18, 1991, 56 FR FR 41553, October 11,1985; Rheem performed, turn on the furnace and measure 63940, December 6, 1991, and 57 FR Manufacturing Company, 53 FR 48574, • the flue gas temperature , using the 23392, June 3, 1992; Snyder General December 1. 1988, 56 FR 2920, January 25, thermocouple grid described above, at 0.5 Corporation, 56 FR 54960, September 9, 1991, 57 FR 10166, March 24,1992, and 57 and 2.5 minutes after the main burner(s) FR 34560, August 5, 1992 ; Trane Compa ny, comes on . After the burner start-up, delay the
Corp, Goodman FR 51713, October

Manufacturing

, O15 54 19226, May 4, 6021, blower start-u p by 1.5 minutes (t•) unless: ( 1 )

February 56 FR , March 24, The furnace

emP oYs a single'motor to drive 1991, and 57 FR 27970, June 23, 1992; ary 14,1991, 57 7 FR FR 10167, , 1992, and 57 FR 22222, May 27 , 1992 ; the power burner and the indoor air The Ducane Company Inc., 56 FR Lennox Industries, 55 FR 50224, December 5, circulation blower , in which case the burner 63943, December 6, 1991, and 57 FR 1990, and 57 FR 49700, November 3, 1992; and blower shall be started together; or (2) 10163, March 24, 1992; Armstrong Air Inter-City Products Corporation. 55 FR the furnace is designed to operate using an Conditioning, Inc., 57 FR 899, January 9, 51487, December 14,1990, and 56 FR 63945, unvarying delay time that is other than 1.5 1992, 57 FR 10160, March 24, 1992, 57 December 6, 1991; DMO Industries, 56 FR minutes, in which case the fan control shall
FR 10161, March 24, 1992, 57 FR 39193, 4622, February 5 , 1991 ; Heil-Quaker be permitted to start the blower; or (3) the August 28, 1992, and 57 FR 54230, Corporation, 56 FR 6019, February 14,1991; delay time results in the activation of a November 17, 1992; Thermo Products, Carrier Corporation, 56 FR 6018, February 14, temperature safety device which shuts off the' 1991, and 57 FR 38830, August 27,1992; burner, in which case the fan control shall be Inc., 57 FR 903, January 9, 1992; Amana Refrigeration Inc., 56 FR 27958, June permitted to start . the blower. In the latter Consolidated Industries Corporation, 57 18, 1991, 56 FR 63940, December 6, 1991 , • case, if the fan control is adjustable , set it to FR 22220, May 27,1992; Evcon and 57 FR 23392, June 3 , 1992; Snyder start the blower at the highest temperature. Industries, Inc., 57 FR 47847, October General Corporation, 56 FR 54960, if the fan control is permitted to start the 20, 1992; and Bard Manufacturing September 9, 1991; Goodman Manufacturing blower, measure time delay (t-) using a stop Company, 57 FR 53733, November 12, Corporation. 56 FR 51713, October 15, 1991, watch, Record the measured temperatures. 1992. Thus, it appears likely that the and 57 FR 27970, June 23, 1992; THE Ducane During the heat- up test for oil

- fueled Petition for Waiver will be granted for Company Inc., 56 FR 63943, December 6, furnaces, maintain the draft in the flue pipe blower time delay. 1991, and 57 FR 10163, March 24, 1992 ; within 10.01 inch of water column of the In those instances where the. likely Armstrong Air Conditioning, Inc., 57 FR 899, manufacturer' s recommended on-period 9, 1992, 57 FR 10160, March 24, draft. success of the Petition for Waiver has 1992, 57 FR 10161, March 24, 1992 , 57 FR This Interim Waiver is based upon the -been demonstrated based upon DOE 39193, August 28,1992, and 57 FR 54230, presumed validity of statements and all having granted a waiver for a similar November 17,1992; Thermo Products, Inc., allegations submitted by the company. This product design, it is in the public 57 FR 903, January 9,1992; Consolidated Interim Waiver may be removed or modified

### 68402 Federal Register / Vol. 58, No. 246 / Monday, December 27, 1993 / Notices

at 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, and may be extended for an additional 180- day period, if necessary. Sincerely, Christine A. Ervin, Assistant Secretary, Energy-Efficiency and Renewable Energy. October 13,1993. The Assistant Secretary for Conservation and Renewable Energy, United States Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585. Gentlemen: Subject: Petition for Waiver. and Application for Interim Waiver. This is a petition for Waiver and Application for Interim Waiver which are submitted pursuant to title 10 CFR 430.27 as amended November 14,1986. Waiver is requested from Test Procedures for Measuring Energy Consumption of Furnaces found in appendix N to subpart B of part 430. Under the existing Test Procedure, a 1.5 minute time delay between burner and blower startup is required. Carrier requests a waiver from the specified 1.5 minute delay. In its place, we request the use of a 45-second delay on Carrier' s line of 48HJ. 48HM, 48TJ/ 5800, 43SSf588A and 48SX1589A induced draft roof

-top furnaces. The time delay in all lines of equipment is fixed within the furnace control, and cannot be adjusted by the installer or servic er. The current test procedures do not credit Carrier for energy savings associated with the shorter blower time delays

. Test data on our mid-efficiency furnaces show a decrease in the heat-up cycle energy tosses when using the 45-second delay, resulting in an Increased in AFIIE of approximately 0.6 AFUE points . Confidential supporting test data is available upon request. Carrier is confident that a waiver will be granted for public policy reasons in the light of previous rulings in which DOE granted waivers of this type to Carrier

, Lennox Industries

, Inter

-City Products

, Amana. Rheem Manufacturing

, and Trane Company. Respectfully, Edward A. Bally, Vice President. Government & Industry Relations.

I FR Doc

. 93-31498 Filed 12-23

- 93; 8:45 aml

BILUNO CODE N541-0t-P