[Federal Register Volume 61, Number 20 (Tuesday, January 30, 1996)]
[Notices]
[Pages 3023-3025]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1728]



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DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy


Energy Conservation Program for Consumer Products: Granting of 
the Application for Interim Waiver and Publishing of the Petition for 
Waiver of Thermo Products Inc. From the DOE Furnace Test Procedure. 
(Case No. F-083)

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

ACTION: Notice.

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SUMMARY: Today's notice grants an Interim Waiver to Thermo Products 
Inc. (Thermo Products) from the existing Department of Energy (DOE or 
Department) test procedure regarding blower time delay for the 
company's CHA-upflow and CCA-downflow condensing gas furnaces.
    Today's notice also publishes a ``Petition for Waiver'' from Thermo 
Products. Thermo Products Petition for Waiver requests DOE to grant 
relief from the DOE furnace test procedure relating to the blower time 
delay specification. Thermo Products seeks to test using a blower delay 
time of 45 seconds for its CHA-upflow and CCA-downflow condensing gas 
furnaces instead of the specified 1.5-minute delay between burner on-
time and blower on-time. The Department is soliciting comments, data, 
and information respecting the Petition for Waiver.

DATES: DOE will accept comments, data, and information not later than 
February 29, 1996.

ADDRESSES: Written comments and statements shall be sent to: Department 
of Energy, Office of Energy Efficiency and Renewable Energy, Case No. 
F-083, Mail Stop EE-43, Room 1J-108, Forestall Building, 1000 
Independence Avenue, SW, Washington, D.C. 20585, (202) 586-7140.

FOR FURTHER INFORMATION CONTACT:

Cyrus H. Nasseri, U.S. Department of Energy, Office of Energy 
Efficiency and Renewable Energy, Mail Station EE-431, Forestall 
Building, 1000 Independence Avenue, SW., Washington, D.C. 20585-0121, 
(202) 586-9138
Eugene Margolis, Esq., U.S. Department of Energy, Office of General 
Counsel, Mail Station GC-72, Forestall Building, 1000 Independence 
Avenue, SW., Washington, D.C. 20585-0103, (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, as amended (EPCA), 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 Title 10 CFR Part 430, 
Subpart B.
    The Department amended the test procedure rules to provide for a 
waiver process by adding Section 430.27 to Title 10 CFR Part 430. 45 FR 
64108, September 26, 1980. Subsequently, DOE amended the 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. Title 10 CFR Part 430, 
Section 430.27(a)(2).
    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.
    An Interim Waiver will be granted if 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. Title 10 CFR 
Part 430, Section 430.27(g). An Interim Waiver remains in effect for a 
period of 180 days or until DOE issues its determination on the 
Petition for 

[[Page 3024]]
Waiver, whichever is sooner, and may be extended for an additional 180 
days, if necessary.
    On November 29, 1995, Thermo Products filed an Application for 
Interim Waiver and a Petition for Waiver regarding blower time delay. 
Thermo Products 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, Thermo 
Products requests the allowance to test using a 45-second blower time 
delay when testing its CHA-upflow and CCA-downflow condensing gas 
furnaces. Thermo Products states that the 45-second delay is indicative 
of how these furnaces actually operate. Such a delay results in an 
increase in AFUE improvement of up to 2.0 percent. Since current DOE 
test procedures do not address this variable blower time delay, Thermo 
Products asks that the Interim Waiver be granted.
    The Department has published a Notice of Proposed Rulemaking on 
August 23, 1993, (58 FR 44583) to amend the furnace test procedure, 
which addresses the above issue.
    Previous Petitions for Waiver for this type of time blower delay 
control have been granted by DOE to Coleman Company, 50 FR 2710, 
January 18, 1985; Magic Chef Company, 50 FR 41553, October 11, 1985; 
Rheem Manufacturing Company, 53 FR 48574, December 1, 1988, 56 FR 2920, 
January 25, 1991, 57 FR 10166, March 24, 1992, 57 FR 34560, August 5, 
1992; 59 FR 30577, June 14, 1994, and 59 FR 55470, November 7, 1994; 
Trane Company, 54 FR 19226, May 4, 1989, 56 FR 6021, February 14, 1991, 
57 FR 10167, March 24, 1992, 57 FR 22222, May 27, 1992, 58 FR 68138, 
December 23, 1993, and 60 FR 62835, December 7, 1995; Lennox 
Industries, 55 FR 50224, December 5, 1990, 57 FR 49700, November 3, 
1992, 58 FR 68136, December 23, 1993, and 58 FR 68137, December 23, 
1993; Inter-City Products Corporation, 55 FR 51487, December 14, 1990, 
and 56 FR 63945, December 6, 1991; DMO Industries, 56 FR 4622, February 
5, 1991, and 59 FR 30579, June 14, 1994; Heil-Quaker Corporation, 56 FR 
6019, February 14, 1991; Carrier Corporation, 56 FR 6018, February 14, 
1991, 57 FR 38830, August 27, 1992, 58 FR 68131, December 23, 1993, 58 
FR 68133, December 23, 1993, 59 FR 14394, March 28, 1994, and 60 FR 
62832, December 7, 1995; Amana Refrigeration Inc., 56 FR 27958, June 
18, 1991, 56 FR 63940, December 6, 1991, 57 FR 23392, June 3, 1992, and 
58 FR 68130, December 23, 1993; Snyder General Corporation, 56 FR 
54960, September 9, 1991; Goodman Manufacturing Corporation, 56 FR 
51713, October 15, 1991, 57 FR 27970, June 23, 1992 and 59 FR 12586, 
March 17, 1994; The Ducane Company Inc., 56 FR 63943, December 6, 1991, 
57 FR 10163, March 24, 1992, and 58 FR 68134, December 23, 1993; 
Armstrong Air Conditioning, Inc., 57 FR 899, January 9, 1992, 57 FR 
10160, March 24, 1992, 57 FR 10161, March 24, 1992, 57 FR 39193, August 
28, 1992, 57 FR 54230, November 17, 1992, and 59 FR 30575, June 14, 
1994; Thermo Products, Inc., 57 FR 903, January 9, 1992; Consolidated 
Industries Corporation, 57 FR 22220, May 27, 1992; Evcon Industries, 
Inc., 57 FR 47847, October 20, 1992, and 59 FR 46968, September 13, 
1994; Bard Manufacturing Company, 57 FR 53733, November 12, 1992, and 
59 FR 30578, June 14, 1994; and York International Corporation, 59 FR 
46969, September 13, 1994, 60 FR 100, January 3, 1995, 60 FR 62834, 
December 7, 1995, and 60 FR 62837, December 7, 1995.
    Thus, it appears likely that this Petition for Waiver for blower 
time delay will be granted. 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 
interest to have similar products tested and rated for energy 
consumption on a comparable basis.
    Therefore, based on the above, DOE is granting Thermo Products an 
Interim Waiver for its CHA-upflow and CCA-downflow condensing gas 
furnaces. Thermo Products shall be permitted to test its CHA-upflow and 
CCA-downflow condensing gas furnaces on the basis of the test 
procedures specified in Title 10 CFR Part 430, Subpart B, Appendix N, 
with the modification set forth below:
    (I) Section 3.0 in 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 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 in Appendix N as follows:
    3.10  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 power burner and the indoor 
air circulation 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 time delay 
(t-) using a stop watch. Record the measured temperatures. During the 
heat-up test for oil-fueled furnaces, maintain the draft in the flue 
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    This Interim Waiver is based upon the presumed validity of 
statements and all allegations submitted by the company. This Interim 
Waiver may be removed or modified 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.
    Thermo Products's Petition for Waiver requests DOE to grant relief 
from the DOE furnace test procedure relating to the blower time delay 
specification. Thermo Products seeks to test using a blower delay time 
of 45 seconds for its CHA-upflow and CCA-downflow condensing gas 
furnaces instead of the specified 1.5-minute delay between burner on-
time and blower on-time. Pursuant to paragraph (b) of Title 10 CFR Part 
430.27, DOE is hereby publishing the ``Petition for Waiver'' in its 
entirety. The Petition contains no confidential information. The 
Department solicits comments, data, and information respecting the 
Petition.
Christine A. Ervin,
Assistant Secretary, Energy Efficiency and Renewable Energy.

Thermo Pride

Heating, Cooling, Electronic Air Cleaning and Humidification Equipment
November 29, 1995.
The Assistant Secretary for Conservation and Renewable Energy,
United States Department of Energy, 1000 Independence Avenue SW., 
Washington, DC 20585

Subject: Petition for Waiver and Application for Interim Waiver

 
[[Page 3025]]

    Gentlemen: This is a Petition for Waiver and Application for 
Interim Waiver which are submitted pursuant to Title 10 CFR 430.27. 
Waiver is requested from Test Procedures for Measuring the Energy 
Consumption of Furnace found in Appendix N to Subpart B of Part 430.
    The test procedure requires a 1.5 minute delay between burner 
and blower start-up. Thermo Products requests a waiver from the 
specified 1.5 minute delay and requests approval to use a 45-second 
delay for our Series CHA- upflow and CCA- downflow condensing type 
residential gas fired furnaces.
    An electronic fan control is being used on these products that 
incorporate a fixed timing.
    Current test procedures do not credit Thermo Products for the 
energy savings associated with the shorter blower timing. The 
shorter timed on fan delay reduces flue losses therefor increasing 
furnace efficiency. Test data for these furnaces utilizing a 45-
second timing indicates an increase in AFUE up to 2%. Confidential 
supporting test data is available upon request.
    Thermo Products is confident that this Waiver will be granted, 
as several other manufacturers of gas furnaces received DOE granted 
waivers such as Carrier, Lennox Industries, Inter-City Products, 
Amana, Rheem Manufacturing and others based on timed blower 
operation.
    Manufacturers that domestically market similar products are 
being sent a copy of this Petition for Waiver and Application for 
Interim Waiver.

        Sincerely,
Everett E. James,
Director of Engineering.
[FR Doc. 96-1728 Filed 1-29-96; 8:45 am]
BILLING CODE 6450-01-P