96-16121. Energy Conservation Program for Consumer Products: Granting of the Application for Interim Waiver and Publishing of the Petition for Waiver of Bard Manufacturing Company From the DOE Furnace Test Procedure. (Case No. F-086)  

  • [Federal Register Volume 61, Number 123 (Tuesday, June 25, 1996)]
    [Notices]
    [Pages 32790-32792]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-16121]
    
    
    
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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 Bard Manufacturing Company From the DOE Furnace Test 
    Procedure. (Case No. F-086)
    
    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 Bard Manufacturing 
    Company (Bard) from the existing Department of Energy (DOE or 
    Department) test procedure regarding blower time delay for the 
    company's TU and TDH series furnaces.
        Today's notice also publishes a ``Petition for Waiver'' from Bard. 
    Bard's Petition for Waiver requests DOE to grant relief from the DOE 
    furnace test procedure relating to the blower time
    
    [[Page 32791]]
    
    delay specification. Bard seeks to test using a blower delay time of 30 
    seconds for its TU and TDH 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 
    July 25, 1996.
    
    ADDRESSES: Written comments and statements shall be sent to: Department 
    of Energy, Office of Codes and Standards, Case No. F-086, Mail Stop EE-
    43, Room 1J-018, Forrestal 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, 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, Sec. 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 April 4, 1996, Bard filed an Application for Interim Waiver and 
    a Petition for Waiver regarding blower time delay. Bard'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, Bard requests the allowance to 
    test using a 30-second blower time delay when testing its TU and TDH 
    series furnaces. Bard states that the 30-second delay is indicative of 
    how these furnaces actually operate. Such a delay results in an average 
    0.4 to 0.6 percent increase in AFUE. Since current DOE test procedures 
    do not address this variable blower time delay, Bard 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, 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 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, 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 Bard an Interim 
    Waiver for its TU and TDU series furnaces. Bard shall be permitted to 
    test its TU and TDH series furnaces on the basis of the test procedures 
    specified in Title 10 CFR
    
    [[Page 32792]]
    
    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.
        Bard's Petition for Waiver requests DOE to grant relief from the 
    DOE furnace test procedure relating to the blower time delay 
    specification. Bard seeks to test using a blower delay time of 30 
    seconds for its TU and TDH 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, D.C. June 13, 1996.
    
    Christine A. Ervin,
    Assistant Secretary, Energy Efficiency and Renewable Energy.
    April 4, 1996.
    Ms. Christine A. Ervin
    Assistant Secretary for Conservation and Renewable Energy
    U.S. Department of Energy
    Forrestal Building
    1000 Independence Ave, SW
    Washington, DC 20585
    
    Subject: Petition for Waiver and Application for Interim Waiver
    
        Dear Assistant Secretary: Petition for Waiver and Application 
    for Interim Waiver are requested pursuant to Title 10 CFR Part 
    430.27.
        Waiver is requested from test procedures for measuring the 
    energy consumption of furnaces that are found in Appendix N of 
    Subpart B to 10 CFR Part 430. Presently the test procedure requires 
    a 1.5 minute delay between burner ignition and the start of the 
    circulating air blower.
        Bard Manufacturing Company is requesting to use a 30 second 
    delay instead of the specified 1.5 minutes. Furnace Series TU and 
    TDH use an electronic fixed time blower control set at 30 seconds. 
    Test results for these furnaces indicate an average .4-.6 percent 
    increase in AFUE.
        We are confident that this Waiver will be granted, and request 
    Interim Waiver until a final ruling is made. Bard has been granted 
    previous waivers 57 FR 53733 and 59 FR 30578, and many other 
    manufacturers have been granted similar waivers.
        Copies of confidential test data will be provided to you at your 
    request. Please contact the undersigned if you have any questions or 
    require additional information.
        Sincerely,
    Richard Hanna,
    Manager, Heating and Application Engineering.
    [FR Doc. 96-16121 Filed 6-24-96; 8:45 am]
    BILLING CODE 6450-01-P
    
    

Document Information

Published:
06/25/1996
Department:
Energy Efficiency and Renewable Energy Office
Entry Type:
Notice
Action:
Notice.
Document Number:
96-16121
Dates:
DOE will accept comments, data, and information not later than July 25, 1996.
Pages:
32790-32792 (3 pages)
PDF File:
96-16121.pdf