55FR4004

Federal Register 1 Vol: 55; Na, 25 [ Tuesdg3r, Fbbruafy 6, =1990 lei

Office of Ceftservation"

Renewable Energy

Energy ocrProgr

ConannerPcodtsc Awileadw for.

Interim Waiver and Petition for Waiver

of Teet p

DMO industries (F20j. s <-:

AGENCY: Conservation and ke' newuable

Energy Office, Department of Energy.

summAw. Today's netice'pubhshes a, -

letter granting an Interim Waiver to

DMO Industries' (DMO) from the

existing Department of Energy (DOE)

test procedures for furnaces regardingblower time delay for DMO's model

WSC(-) condensing furnace. -

Today's notice also publishes a

"Petition for Waiver" from DMO. DMO'a

Petition for Waiver requests DOE to

grant relief from the DOE test

procedures relating to the blower time

delay specification. DMO seeks to test; -

using a blower delay time of 3a seconds .

instead of the specified 1.5 minute delay

between burner on-time and blower ontime. DOE is soliciting comments, data,

and information representing the

.Petition for Waiver.

DATES: DOE will accept comments, data.

and information not later than March 8,:

1990.

ADDRESSES: Written comments and

statements shall be sent to: Department,

of Energy, Office of Conservation and

Renewable Energy, Case No. F-020, Mail

Stop CE-132, Forrestal -Building, 1000

Independence Avenue SW.,

Washington, DC 20585.

FOR FURTHER INFORMATION CONTACT.

Cyrus I-L Nasseri..U.S. Department of

Energy, Office of Conservation and

Renewable Energy, Mail Station 0132,

Forrestal Building, 1000 Independence

Avenue SW. Washington. DC 20585.

(202) 588-9127

Eugene Margolis, Esq., U.S. Department

of Energy, Office of General Counsel, .

Mail Stations GG-12, Forrestal

Building. 1000 Independence Avenue

SW., Washington, DC 20585,,(202.)

586-9587

BACKGROUND: The Energy ConservationProgram for Consumer Products (other

than automobiles) was established

pursuant to the Energy Policy and

Conservation Act (EPCA) . Public Law94-163, 89Stit 917, 'as amended by the

National.Effiror9y Conservation Policy..

Act (NEC;PA) PublicLaw95-819, 9d ::

Stat. 3268, the National ApplianceEnergyy Cor &vation Act of 1968--

(MALCAJ Public Low 100='1Z mid the

National Appliance Energy

Conservation Amendments of 1988

(NAECA 1988), Public Law 100-357,

CAS-RM-79-104 COMMENT 35
55FR4004

Federal Regiaii / Vol.. •55, No., 25 /'.Tuesday, February 6, 1990 /, Notices

which requires DOE to prescribe - percent. Since` current DOE test

standardized test procedures to measure procedures do not address this variable

the energy consumption of certain : -. blower time delay, DMO asks that the

consumer products, including furnaces. interim waiver be granted. _

The intent of the test procedures is to . Previous waivers for this type of

provide a comparable measure of energy . timed blower delay control- have been

consumption that will assist consumers granted by the Department to the

in making purchasing decisions. These Coleman Company, 50 FR 2710, January

test procedures appear at 10 CFR part 18,1985, the Magic Chef Company, 50 FR

430, subpart B. 41553, October 11, 1%5, the Rheem

DOE hag amended the prescribed test Manufacturing Company, 53 FR 48574,

procedures by adding 10'CFR 430.274n - December 1,1988,•and the Trane

September 96, 1980, creating the waiver Company, 64 FR 19226, May 4, 1989.

process. 45 FR 64108. DOE further Thus, it appears likely that the Petition

amended the Department's appliance for Waiver will be granted for blower

test procedure. waiver process "to allow time delay.

the Assistant Secretary for Conservation Because DMO's Petition for Waiver

and Renewable Energy (Assistant requesting relief from the DOE test

Secretary) to grant an interim waiver procedures concerning blower time

from test procedure requirements to delay appears likely to be granted.

manufacturers that have petitioned DOE DMO's Application for Interim Waiver

for a waiver of such prescribed test is granted.

procedures. 51 FR 42823, November 26, Pursuant to paragraph (b) of 10 CFR

1986. 430.27, DOE is hereby publishing the

The waiver process allows the "Petition for Waivers" in its entirety.

Assistant Secretary to waive The petition contains no confidential

temporarily test procedures for a - information. DOE solicits comments,

particular basic model when a petitioner data, and information respecting the

shows that the basic model contains one petition.

or more design characteristics which In addition, pursuant to paragraph (e)

prevent testing according to the ,of 1430:27 of the Code of Federal

prescribed test procedures or when the Regulations, the following letter granting

prescribed test procedures may evaluate the Application for Interim Waiver was

the basic model in a manner so issued to DMO Industries. -

unrepresentative of its true energy issued in Washington , DC, January 31. consumption as to provide materially 1980

inaccurate comparative data . Waivers J Michael Davis, P.E, generally remain in effect until final test.

procedure amendments become Assistant Secretary, Conservation and

effective, resolving the problem that is li'enewableEnergy. . .

the subject of a waiver..

September 27,1989

The interim waiver provisions, added Assistant Secretary, Conservation and

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

Renewable Energy

United States Department of Energy, 1000

Independence Avenue SW., Washington,

that the petition for waiver will be - CFR part 430.27. Waiver is requested from the

granted, and/or the Assistant Secretary condensing furnace test procedure found at

determined that it would be desirable Appendix N to subpart B of part 430. The test

for.public policy reasons to grant _,:procedure requires a 1.5 minute delay

immediate relief pending a between blower on and burner on. DMO

determination on the petition for waiver. industries (formerly Duomatic Olsen) is

On September 27. IM. DMO filed en --.requesting permission to change the 1.5

Application for an Interim Waiver

minute delay to a 30 second delay. DMO

-Industries will be producing a line of

regarding blower time delay. DMO's 1 ondensin4g downflow models WCS (-) which

application seeks an interim waiver -• Will*experience an AFUE increase of

from the DOE test provisions thwt- approximately 1.5% to 24% if tested with the

-require a 1.8.minute time delaybetween entioned blower delay of 30 seconds.

the ignition of the burger and starting of would like to include a timing feature

the -circulating air blower..Itstead,-DMO ..,:. o the control system on WCS 1-) furnaces

requests the allowance to Zen 30 Jota1n)itate an average blower on timing of

rrrcoxid blower ume'dela whe tee da. As the standard exists, there

y ...>- tR^ro^be no benefit in adding the 30 second

tie model WCS[-) condensmmgg furna .e. ':.-; blower timing control In reality however, the

DJ O states-then the 34) second delay fa t, er-the blower is activated, the sooner the

indicative of how this furnace actually . wed convection heat transfer process

operates. Such a delay results in an ° Ireglns and an overall increase in efficiency'

energy savings of•approximatelyr 2 U - - rsesuttL DMOindustries feels that this

DC20565

Gentlemen: Please accept this letter as a

petition for waiver and an application for

-interim waiver.submitted pursuant to title 10

increase in efficiency should be recognized

and reflected in the AFUE rating by allowing

the 1.5 minute time delay in part 430 (section

9.3.1) to be changed to 30 seconds.

Confidential comparative test data will be

made available should you request it DMO

Industriesfeels that its competitive positiqn

in the marketplace would be compromised if

our petition is not accepted.

DMO Industries requests an interim waiver

because it seems likely that our waiver will

be granted. Similar waivers have been

granted to Coleman, Magic Chef, Rheem and

Lennox who are all central furnace

manufacturers known to DMO Industries. By

a separate letter we will be notifying all

manufacturers of a similar product Attached

please find a copy of the letter and a list of

manufacturers we will notify by the letter.

Yours very truly,

Peter Janes.

P. Eng.

cc Mike McCabe U.S. Department of

Energy, Office of Conservation and

Renewable Energy, Mail Station CE-132,

Room GF-217,.Forrestal Building, 1000

Independence Avenue, Washington, DC

20585, Kyu Hwang, Mike Bryant.

January 31, 1990

Mr. Peter Janes, P.E.,

DMO Industries, 1969 Leslie Street, Don

Mills, Ontario, M3B 2M3.

Dear Mr. Janes: This is in response to your

September 27,1989, Application for Interim

Waiver and Petition for Waiver from the

Department of Energy (DOE) test procedures

for furnaces when testing DMO Industries

WCS (-) gas-fueled forced-air condensing

furnace regarding blower time delay.

Pursuant to the Energy Policy and

Conservation Act, as amended, the

Department has prescribed test procedures to

measure the energy consumption of certain

major household appliances, including

furnaces. The intent of the test procedures is

to provide a comparable measure of energy

consumption that will assist consumers in

making purchase decisions. These test

procedures appear in the Code of Federal

'Regulations at 10 CFR part 430, subpart B.

DOE amended the test procedure

regulations an September 28,1980 145 FR

64108] and November 26,1986, [51 FR 42823]

by'adding paragraph 430.27. These provisions

allow the Assistant Secretary for

Conservation and Renewable Energy to

waiver 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 of the basic model 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 characteristics

as to provide materially inadequate

comparative data. The 1988 amendments

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 Wavier is

CAS-RM-79-104 COMMENT 35
55FR4004

Feda a1 IKegitt' f Vt :' 55; Na 25`-{•-Taesday, Febltt®r9 6, .rNOt -i

denied and/or the Assistant Secretary

determines that it would be desirable fot

public policy reasons to grant immediate

relief pending a determination on tbepetitioa

for waiver

Previous waivers for timed blower delay

control have been graned to the ColemassCompany, 50 FR 2710, January 18,1985, Magic

Chef Company, 50 FR 41559; October 11.1

Rheem Manufacturing Company, 53 PR 48574,

December 1, 1988, and the Trane Company.

54 FR 19226, May 4, 1909.

DMO'a Application for Interim Waiver

does not provide sufficient information for

the Department to evaluate what, if any,

economic impact or competitive disadvantage

DMO will likely experience absent a

favorable determination on the application

for interim waiver. DMO feels that Its

competitive position in the marketplace=

would be compromised if this Application for

Interim Waiver is not granted. However, the

Department finds that it would be desirable

for public policy reasons to grant DMO's

Application for Interim Waiver. Specifically,

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,

it is in the public's interest to have the similar

products tested and rated for energy,

consumption on a comparable basis.

Therefore, DMO's Application for an

Interim Waiver requesting a change from the

DOE test procedures for its WCS (-) gasfueled forced-air condensing furnace

regarding blower time delay is granted.

DMO shall be permitted to test its model

WCS (-) condensing furnace an the basis of

the test procedures specified in 10 CFR pars

430, with the modification set forth below-

(i) Section 9.3.1 of ANSI/ASHRAE

Standard 1031982 is deleted and replaced

with the following paragraph:

Gas- and Oil-Fueled Centrat Fmstacesr. =' . Sinn ly; ^` s ra

Aftersgaslibdnm conditionwAre achiev*d .. , J. t Diavfs; ... ` • :: _ _ ;:;

following the cout4boat test and the requisad . P.E., Assistami Secreibsy Mnwivuticrn cord ' -:

measurements perfatmsI tarsoath* ftauecar Reneamfif jMerg, _ ..

and measure the flu gas teams; sssito [FR IIec 90-E718 Filed'?^S'i£95' ate

the t ermoco tple add: described abova, a5:3 BUM COO e050-er-6

and 2.5 minutes of er-the maul bsrner(03 .

comes on. Alter-the bureer-atar#i, delay the

blower start-up by 1.5 minutes(t-k snI & •;

(1) The furnace- employs a single motor to

drive the power burner and the indoor air, . _.. ;

circulation blower, in which case the bumes.;..;'

and blower shall be started together, (21146

furnace is designed to operate. using ^Lm

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) thedelay time rews#s:ia 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 time delay. (t-), using a .

stop watch. Record the measured . . .

tempertures. During the heat-up teat 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

The interim waiver shall remain in effect

until the Department of Energy issues adetermination on DMO's Petition for Waives

CAS-RM-79-104 COMMENT 35