[Federal Register Volume 59, Number 113 (Tuesday, June 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14433]
[[Page Unknown]]
[Federal Register: June 14, 1994]
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DEPARTMENT OF ENERGY
[Case No. F-069]
Energy Conservation Program for Consumer Products: Decision and
Order Granting a Waiver From the Furnace Test Procedure to DMO
Industries
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Decision and order.
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SUMMARY: Notice is given of the Decision and Order (Case No. F-069)
granting a Waiver to DMO Industries (DMO) from the existing Department
of Energy (DOE) test procedure for furnaces. The Department is granting
DMO's Petition for Waiver regarding blower time delay in calculation of
Annual Fuel Utilization Efficiency (AFUE) for its HDS series gas
furnaces.
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 20585, (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, DC 20585, (202) 586-9507
SUPPLEMENTARY INFORMATION: In accordance with 10 CFR 430.27(g), notice
is hereby given of the issuance of the Decision and Order as set out
below. In the Decision and Order, DMO has been granted a Waiver for its
HDS series gas furnaces, permitting the company to use an alternate
test method in determining AFUE.
Issued in Washington, DC, June 6, 1994.
Christine A. Ervin,
Assistant Secretary, Energy Efficiency and Renewable Energy.
Decision and Order
In the Matter of: DMO Industries. (Case No. F-069)
Background
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 1992 (EPAct), Public Law 102-486, 106 Stat. 2776, 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 10 CFR Part 430, subpart B.
The Department amended the prescribed test procedures by adding 10
CFR 430.27 to create a waiver process. 45 FR 64108, September 26, 1980.
Thereafter, DOE further amended its 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
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 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.
DMO filed a ``Petition for Waiver,'' dated March 4, 1994, in
accordance with section 430.27 of 10 CFR Part 430. The Department
published in the Federal Register on May 3, 1994, DMO's petition and
solicited comments, data and information respecting the petition. 59 FR
22844. DMO also filed an ``Application for Interim Waiver'' under
section 430.27(g) which DOE granted on April 20, 1994. 59 FR 22844, May
3, 1994.
No comments were received concerning either the ``Petition for
Waiver'' or the ``Interim Waiver.'' The Department consulted with The
Federal Trade Commission (FTC) concerning the DMO Petition. The FTC did
not have any objections to the issuance of the waiver to DMO.
Assertions and Determinations
DMO's Petition seeks a waiver from the DOE test provisions that
require a 1.5-minute time delay between the ignition of the burner and
the starting of the circulating air blower. DMO requests the allowance
to test using a 30-second blower time delay when testing its HDS series
gas furnaces. DMO states that since the 30-second delay is indicative
of how these models actually operate and since such a delay results in
an increase in AFUE of 2.0 percentage points for HDS series gas
furnaces, the petition should be granted.
Under specific circumstances, the DOE test procedure contains
exceptions which allow testing with blower delay times of less than the
prescribed 1.5-minute delay. DMO indicates that it is unable to take
advantage of any of these exceptions for its HDS series gas furnaces.
Since the blower controls incorporated on the DMO furnaces are
designed to impose a 30-second blower delay in every instance of start
up, and since the current provisions do not specifically address this
type of control, DOE agrees that a waiver should be granted to allow
the 30-second blower time delay when testing the HDS series gas
furnaces. Accordingly, with regard to testing the HDS series gas
furnaces, today's Decision and Order exempts DMO from the existing
provisions regarding blower controls and allows testing with the 30-
second delay.
It is, therefore, ordered that:
(1) The ``Petition for Waiver'' filed by DMO Industries (Case No.
F-069) is hereby granted as set forth in paragraph (2) below, subject
to the provisions of paragraphs (3), (4), and (5).
(2) Notwithstanding any contrary provisions of Appendix N of 10 CFR
Part 430, Subpart B, DMO Industries, shall be permitted to test its HDS
series gas furnaces on the basis of the test procedure specified in 10
CFR Part 430, with modifications set forth below:
(i) Section 3.0 of 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 Standard 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 to Appendix N as follows:
3.10 Gas- and Oil-Fueled Central Furnaces. The following
paragraph is in lieu of the requirement specified in section 9.3.1
of ANSI/ASHRAE Standard 103-82. 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
circulating 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 stopwatch. 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.
(iii) With the exception of the modifications set forth above, DMO
Industries shall comply in all respects with the test procedures
specified in Appendix N of 10 CFR Part 430, Subpart B.
(3) The Waiver shall remain in effect from the date of issuance of
this Order until DOE prescribes final test procedures appropriate to
the HDS series gas furnaces manufactured by DMO Industries
(4) This Waiver is based upon the presumed validity of statements,
allegations, and documentary materials submitted by the petitioner.
This Waiver may be revoked or modified at any time upon a determination
that the factual basis underlying the petition is incorrect.
(5) Effective June 6, 1994, this Waiver supersedes the Interim
Waiver granted the DMO Industries on April 20, 1994. 59 FR 22844, May
3, 1994 (Case No. F-069).
Issued In Washington, DC, June 6, 1994.
Christine A. Ervin,
Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. 94-14433 Filed 6-13-94; 8:45 am]
BILLING CODE 6450-01-P
