96-27029. Energy Conservation Program for Consumer Products: Granting of the Application for Interim Waiver and Publishing of the Petition for Waiver of Nordyne From the DOE Furnace Test Procedure  

  • [Federal Register Volume 61, Number 205 (Tuesday, October 22, 1996)]
    [Notices]
    [Pages 54783-54785]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-27029]
    
    
    
    [[Page 54783]]
    
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    DEPARTMENT OF ENERGY
    Office of Energy Efficiency and Renewable Energy
    [Case No. F-088]
    
    
    Energy Conservation Program for Consumer Products: Granting of 
    the Application for Interim Waiver and Publishing of the Petition for 
    Waiver of Nordyne From the DOE Furnace Test Procedure
    
    AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
    Energy.
    
    ACTION: Notice.
    
    -----------------------------------------------------------------------
    
    SUMMARY: Today's notice grants an Interim Waiver to Nordyne from the 
    existing Department of Energy (DOE or Department) test procedure 
    regarding blower time delay for the company's G5RD and G5RL series 
    furnaces.
        Today's notice also publishes a ``Petition for Waiver'' from 
    Nordyne. Nordyne's Petition for Waiver requests DOE to grant relief 
    from the DOE furnace test procedure relating to the blower time delay 
    specification. Nordyne seeks to test using a blower delay time of 30 
    seconds for its G5RD and G5RL series 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 
    November 21, 1996.
    
    ADDRESSES: Written comments and statements shall be sent to: Department 
    of Energy, Office of Codes and Standards, Case No. F-088, Mail Stop EE-
    43, Room 1J-018, Forrestal Building, 1000 Independence Avenue, SW, 
    Washington, D.C. 20585-0121, (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-43, Forrestal 
    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, Forrestal 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 Waiver, whichever is sooner, and may be extended for an 
    additional 180 days, if necessary.
        On September 6, 1996, Nordyne filed an Application for Interim 
    Waiver and a Petition for Waiver regarding blower time delay. Nordyne'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, Nordyne requests the 
    allowance to test using a 30-second blower time delay when testing its 
    G5RD and G5RL series furnaces. Nordyne states that the 30-second delay 
    is indicative of how these furnaces actually operate. Such a delay 
    results in an approximately 2.0 percent increase in AFUE. Since current 
    DOE test procedures do not address this variable blower time delay, 
    Nordyne 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, 
    56 FR 63945, December 6, 1991 and 61 FR 27057, May 30, 1996; 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, 59 FR 12586, March 17, 1994 and 61 FR 17289, April 19, 
    1996; 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, and 61 FR
    
    [[Page 54784]]
    
    17887, April 23, 1996; Consolidated Industries Corporation, 57 FR 
    22220, May 27, 1992, and 61 FR 4262, February 5, 1996; 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, 59 FR 30578, June 14, 1994, and 61 FR 50812, September 27, 
    1996; 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 Nordyne an Interim 
    Waiver for its G5RD and G5RL series furnaces. Nordyne shall be 
    permitted to test its G5RD and G5RL series 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 
    pipe within 0.01 inch of water column 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 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.
        Nordyne's Petition for Waiver requests DOE to grant relief from the 
    DOE furnace test procedure relating to the blower time delay 
    specification. Nordyne seeks to test using a blower delay time of 30 
    seconds for its G5RD and G5RL series 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.
    
        Issued in Washington, DC, October 15, 1996.
    Christine A. Ervin,
    Assistant Secretary, Energy Efficiency and Renewable Energy.
    
    NORDYNE
    
    September 6, 1996.
    Ms. Christine A. Ervin,
    Assistant Secretary, Energy Efficiency and Renewable Energy, 
    Department of Energy, 1000 Independence Avenue SW, Washington, D.C. 
    20585.
    
    Subject: Petition for Waiver and Application for Interim Waiver.
    
        Dear Assistant Secretary Ervin: This is to submit a Petition for 
    Waiver and an Application for Interim Waiver from requirements of 
    the Department of Energy test procedure, prescribed in 10 CFR Part 
    430, Subpart B, Appendix N for home heating furnaces. The waiver 
    concerns operation of the circulating blower in gas-fired furnaces 
    manufactured by NORDYNE.
        Waiver is requested for NORDYNE model G5RD and G5RL furnaces, 
    which incorporate a control with a fixed circulating blower-on delay 
    of 30 seconds. The DOE procedure requires that in testing these 
    furnaces, the circulating blower be started 1\1/2\ minutes after 
    burner ignition, ignoring the benefit of this control. Operation 
    with the 1\1/2\ minute delay decreases the Annual Fuel Utilization 
    Efficiency of these furnaces by approximately two percentage points. 
    NORDYNE has data supporting this fact and will forward it if 
    required.
        Since the requested waiver is essentially identical to those 
    granted to many other manufacturers, NORDYNE believes that DOE is 
    fully aware of the competitive disadvantage NORDYNE will experience 
    if the waiver is not granted. In view of the waivers already 
    granted, NORDYNE is also confident that DOE will grant its petition. 
    In anticipation of that action, NORDYNE requests an interim waiver 
    until DOE acts on the Petition for Waiver.
        Manufacturers who sell furnaces similar to those for which the 
    waiver is requested are being sent a copy of this Petition for 
    Waiver and Application for Interim Waiver. A list of these 
    manufacturers is attached.
        Your early action on this request would be appreciated. 
    Production of these furnaces is scheduled for the very near future.
        Sincerely,
    Bradley J. Campbell,
    Vice President, Engineering.
    
    List of Manufacturers
    
    Mr. Marty Schonberger, The Adams Manufacturing Co., 9790 Midwest 
    Avenue, Cleveland, OH 44125-2425.
    Mr. Stan McGill, Amana Refrigeration, Inc., 1810 Wilson Parkway, 
    Fayetteville, TN 37334-3547.
    Mr. Ed French, Armstrong Air Conditioning Inc., 421 Monroe Street, 
    Bellevue, OH 44811-1730.
    Mr. David Swanson, Atwood Mobile Products, 4750 Hiawatha Drive, 
    Rockford, IL 61103-1232.
    Mr. Richard O. Bard, Bard Manufacturing Co., P.O. Box 607, 1914 
    Randolph Drive, Bryan, Ohio 43506-0607.
    Mr. John J. Meade, Jr., Boyertown Furnace Company, 156 Holly Road, 
    Boyertown, PA 19512.
    Mr. Matthew J. Chadderdon, Carrier Corporation, Carrier Parkway, P.O. 
    Box 4808, Syracuse, New York 13221-4808.
    Mr. Richard Hutchinson, Jr., Consolidated Ind. Corp., P.O. Box 7800, 
    Lafayette, IN 47903-7800.
    Mr. Jerry Ward, DMD Industries, 41 Fisher Avenue, Bradford, PA 16701-
    1649.
    Mr. Johnny Johnson, Duncan Heating Division, Suite 200, Dutch Plaza, 
    800 Dutch Square Blvd., Columbia, SC 29210-7317.
    Mr. Alan Zimmerman, Evcon Industries, Inc., 3110 N. Mead, P.O. Box 
    19014, Wichita, KS 67219-4057.
    Mr. Alberto da Rosa, Goettl Air Conditioning Inc., 3830 E. Wier Avenue, 
    Phoenix, AZ 85040-2936.
    Mr. Peter H. Alexander, Goodman Manufacturing Corp., 1501 Seamist, 
    Houston, TX 77008-5031.
    
    [[Page 54785]]
    
    Mr. W. Michael Clevy, Inter City Products Corp.,1136 Heil Quaker Blvd., 
    P.O. Box 3005, LaVergne, TN 37086.
    Mr. David Lewis, Lennox Industries Inc., P.O. Box 799900, Dallas, TX 
    75379.
    Mr. Tom Koepke, Metzher Machine Corp., 8155 No. 76th Street, Milwaukee, 
    WI 53223-3203.
    Mr. Dick R. McCullogh, Reznor, A Thomas and Betts Co., 150 McKinley 
    Avenue, Mercer, PA 16137-1326.
    Mr. Ross W. Willis, Rheem Air Conditioning Division, 5600 Old Greenwood 
    Road, P.O. Box 17010, Fort Smith, AR 72903-6586.
    Mr. Walter J. Markowski, Sterling Gas Products, Division of Mestek, 
    Inc., 260 North Elm Street, Westfield, MA, 01085-1614.
    Mr. Bobby Vincent, Suburban Mfg. Co., 676 Broadway Street, P.O. Box 
    399, Dayton, TN 37321-1120.
    Mr. Everett James, Thermo-Products Inc., 5235 West Street Road 10, P.O. 
    Box 217, No. Judson, IN 46366-8851.
    Mr. James T. VerShaw, The Trane Company, 6200 Troup Highway, Tyler, TX 
    75711.
    Mr. Theron C. Stroke, Victa Hytemp Industrial Inc., 5540 Route 362, 
    Bliss, NY, 14024-9775.
    Mr. Gerald W. Sank, Welbilt Corp., 225 High Ridge Road, Stamford, CT 
    06905-3000.
    Mr. Dennis Aughenbaugh, York International Corp., P.O. Box 1592, York, 
    PA 17405-1592.
    
    [FR Doc. 96-27029 Filed 10-21-96; 8:45 am]
    BILLING CODE 6450-01-P
    
    
    

Document Information

Published:
10/22/1996
Department:
Energy Efficiency and Renewable Energy Office
Entry Type:
Notice
Action:
Notice.
Document Number:
96-27029
Dates:
DOE will accept comments, data, and information not later than November 21, 1996.
Pages:
54783-54785 (3 pages)
Docket Numbers:
Case No. F-088
PDF File:
96-27029.pdf