96-24809. Energy Conservation Program for Consumer Products: Decision and Order Granting a Waiver From the Furnace Test Procedure to Bard Manufacturing Company  

  • [Federal Register Volume 61, Number 189 (Friday, September 27, 1996)]
    [Notices]
    [Pages 50812-50813]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-24809]
    
    
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    DEPARTMENT OF ENERGY
    Office of Energy Efficiency and Renewable Energy
    [Case No. F-086]
    
    
    Energy Conservation Program for Consumer Products: Decision and 
    Order Granting a Waiver From the Furnace Test Procedure to Bard 
    Manufacturing Company
    
    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-086) 
    granting a Waiver to Bard Manufacturing Company (Bard) from the 
    existing Department of Energy (DOE or Department) test procedure for 
    furnaces. The Department is granting Bard's Petition for Waiver 
    regarding blower time delay in calculation of Annual Fuel Utilization 
    Efficiency (AFUE) for its TU and TDU series 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 20585-0121, 
    (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, DC 20585-0103, (202) 586-9507.
    
    SUPPLEMENTARY INFORMATION: In accordance with 10 CFR 430.27(j), notice 
    is hereby given of the issuance of the Decision and Order as set out 
    below. In the Decision and Order, Bard has been granted a Waiver for 
    its TU and TDH series furnaces permitting the company to use an 
    alternate test method in determining AFUE.
    
        Issued in Washington, DC, on September 19, 1996.
    Christine A. Ervin,
    Assistant Secretary, Energy Efficiency and Renewable Energy.
    
    Decision and Order
    
    Background
    
        The Energy Conservation Program for Consumer Products (other than 
    automobiles) was established pursuant to the Energy Policy and 
    Conservation Act, Public Law 94-163, 89 Stat. 917, 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 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.
        Bard filed a ``Petition for Waiver,'' dated April 4, 1996, in 
    accordance with section 430.27 of 10 CFR Part 430. The Department 
    published in the Federal Register on June 25, 1996, Bard's Petition and 
    solicited comments, data and information respecting the Petition. 61 FR 
    32790, June 25, 1996. Bard also filed an ``Application for Interim 
    Waiver'' under section 430.27(b)(2), which DOE granted on June 13, 
    1996. 61 FR 32790, June 25, 1996.
        No comments were received concerning either the ``Petition for 
    Waiver'' or the ``Application for Interim Waiver.'' The Department 
    consulted with The Federal Trade Commission (FTC) concerning the Bard 
    Petition. The FTC did not have any objections to the issuance of the 
    waiver to Bard.
    
    Assertions and Determinations
    
        Bard's Petition seeks a waiver from the DOE test provisions that 
    require a
    
    [[Page 50813]]
    
    1.5-minute time delay between the ignition of the burner and the 
    starting of the circulating air blower. Bard requests the allowance to 
    test using a 30-second blower time delay when testing its TU and TDH 
    series furnaces. Bard states that since the 30-second delay is 
    indicative of how these models actually operate, and since such a delay 
    results in an improvement in AFUE of an average 0.4 to 0.6 percent, 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. Bard indicates that it is unable to take 
    advantage of any of these exceptions for its TU and TDH series 
    furnaces.
        Since the blower controls incorporated on the Bard furnaces are 
    designed to impose a 30-second blower delay in every instance of start 
    up, and since the current test procedure 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 Bard 
    TU and TDH series furnaces. Accordingly, with regard to testing the TU 
    and TDH series furnaces, today's Decision and Order exempts Bard from 
    the existing test procedure provisions regarding blower controls and 
    allows testing with the 30-second delay.
        It is, therefore, ordered that:
        (1) The ``Petition for Waiver'' filed by Bard Manufacturing Company 
    (Case No. F-086) 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, Bard Manufacturing Company, shall be permitted to 
    test its TU and TDH series 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, Bard 
    Manufacturing Company 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 TU and TDH series furnaces manufactured by Bard Manufacturing 
    Company.
        (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 September 19, 1996, this Waiver supersedes the 
    Interim Waiver granted Bard Manufacturing Company on June 13, 1996. 61 
    FR 32790, June 25, 1996 (Case No. F-086).
    
        Issued In Washington, DC, on September 19, 1996.
    Christine A. Ervin,
    Assistant Secretary, Energy Efficiency and Renewable Energy.
    [FR Doc. 96-24809 Filed 9-26-96; 8:45 am]
    BILLING CODE 6450-01-P
    
    
    

Document Information

Published:
09/27/1996
Department:
Energy Efficiency and Renewable Energy Office
Entry Type:
Notice
Action:
Decision and order.
Document Number:
96-24809
Pages:
50812-50813 (2 pages)
Docket Numbers:
Case No. F-086
PDF File:
96-24809.pdf