## 55FR4004

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

Office of Ceftser vation" Renewable Energy
Energy ocrProgr Conanner Pcodtsc 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 En ergy (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 delaybetween 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 (o ther 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-- (MALCA

J Public Low 100 ='1Z mid the National Appliance Energy Conservation Amendments of 1988 (NAECA 1988), Public Law 100-357,

## 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 delay between 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 Ze n 30 Jo ta1n)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[-) condens mmgg 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 Industries feels 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

## 55FR4004

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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 After sgaslibdnm conditionwAre achiev*d .. , J. t Diavfs ; ... ` • :: _ _ ;:; following the cout4bo at 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 B UM 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