### Federal Register / Vol. 60, No. 166 / Monday, August 28, 1995 / Notices

at its June 1994 meeting because, in the opinion of the Advisory Committee, they did not meet the requirement contained in section 496(m) of the Higher Education Act (HEA) of 1965, as amended, and 34 CFR 602.1(b) of the Secretary's Criteria for Recognition. Under 34 CFR 602.1(b), "the Secretary only grants recognition to those accrediting agencies that accredit (i) institutions of higher education, provided that accreditation by the agency is a required element in enabling those institutions to establish eligibility to participate in HEA programs; or (ii) institutions of higher education or higher education programs, provided that accreditation by the agency is a required element in enabling those institutions or programs to establish eligibility to participate in other programs administered by the Department or by other Federal agencies." 

### 1. American Library Association, Committee on Accreditation. 2. Association of Collegiate Business Schools and Programs.

Appeal of a Recommendation To Deny an Agency's Requested Expansion of Scope
For the agency listed below, the Advisory Committee recommended granting continued recognition for the accreditation and preaccreditation of non-degree granting vocational education institutions. It also recommended granting the agency's request for an expansion of geographical scope of recognition from regional to national. The Advisory Committee, however, recommended not granting the agency's requested expansion of scopeto include prebaccalaurate degreegranting institutions that awarded an applied associate's degree. In the Committee's view, the agency did not have the requisite experience to accredit such institutions, as required by 34 CFR 602.22, nor did it have an appropriate emphasis on the "academic" component of a prebaccalaurate degree, as required by 34 CFR 602.24(b) (1) (iii). The agency appealed the latter recommendation of the Advisory Committee. 1. Council on Occupational Education (formerly the Commission on Occupational Education Institutions of the Southern Association of Colleges and Schools)

Public Inspection of Petitions and Third-Party Comments
All third-party comments received in response to this call for comment, as well as the three agencies' original petitions and supporting documentation, the Department staff analyses of those petitions, and the agencies' appeals materials, will be available for public inspection at the U.S. Department of Education, ROB-3, Room 3915, 7th and D Streets, SW., Washington, DC 20202-5244, telephone (202) 708-7417 between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday.
David A. Longanecker, Assistant Secretary for Postsecondary Education.
[FR Doc. 95-21241 Filed 8-25-95; 8:45 am]

BILLING CODE 4000-01-M



### DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy
[Case No

. F-078]


### Energy Conservation Program for Consumer Products : Granting of the Application for Interim Waiver and Publishing of the Petition for Waiver of the Department of Energy Furnace Test Procedures From York International

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

ACTION : Notice.

SUMMARY : Today's notice publishes a letter granting an Interim Waiver to York International (York) from the existing Department of Energy (the Department) test procedure regarding blower time delay for the company's P2UR and PBLU lines of condensing furnaces. Today's notice also publishes a "Petition for Waiver" from York. York's Petition for Waiver requests the Department to grant relief from its furnace test procedure relating to the blower time delay specification. York seeks to test using a blower delay time of 30 seconds for its P2UR, and PBLU lines of condensing 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 : The Department will accept comments, data, and information not later than September 27, 1995.
ADDRESSES : Written comments and statements shall be sent to: U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, CaseNo. F-078, Mail Stop EE-43, Room 1J108, Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 20585, (202) 586-7574. 

### 44481

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: 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 the Department 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 on September 26, 1980, creating the waiver process. 45 FR 64108. Thereafter, the Department further amended the 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 the Department 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

### 44482 Federal Register / Vol. 60, No. 166 / Monday, August 28, 1995 / Notices

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 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 the Department issues its determination on the Petition for Waiver, whichever is sooner, and may be extended for an additional 180 days, if necessary. On June 26, 1995, York filed an Application for Interim Waiver regarding blower time delay. York's Application seeks an Interim Waiver from the Department's test provisions that require a 1.5-minute time delay between the ignition of the burner and starting of the circulating air blower. Instead, York requests the allowance to test using a 30-second blower time delay when testing its P2UR, and PBLU lines of condensing furnaces. York states that the 30-second delay is indicative of how these furnaces actually operate. Such a delay results in an overall furnace AFUE of approximately 1.5 percent points improvement. Since the Department's current test procedures do not address this variable blower time delay, York 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 waivers for this type of time blower delay control have been granted by the Department 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, and 58 FR 68138, December 23, 1993; 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 and 59 FR 14394, March 28, 1994; 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, and 60 FR 100, January 3, 1995. Thus, it appears likely
that the Petition for Waiver will be granted for blower time delay.
In those instances where the likely
success of the Petition for Waiver has been demonstrated based upon the Department 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, the Department is granting York an Interim
Waiver for its P2UR and PBLU lines of condensing furnaces. Pursuant to paragraph (e) of Section 430.27 of the Code of Federal Regulations Part 430, the following letter granting the Application for Interim Waiver to York
was issued. Pursuant to paragraph (b) of 10 CFR Part 430.27, the Department 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, August 20, 1995.

Christine A. Ervin, Assistant Secretary, Energy Efficiency and Renewable Energy.

Department of Energy
August 21, 1995.
Mr. Michael B. Eberlein, P.E., Engineering Manager-Furnace Products, Unitary Products Group, York International, P.O. Box 4022, Elyria, OH
44036. Dear Mr. Eberlein: This is in response to your June 26, 1995, Application for Interim Waiver and Petition for Waiver from the Department of Energy (the Department) test procedure regarding blower time delay for York International (York) P2UR and PBLU lines of condensing furnaces. Previous waivers for this type of timed blower delay control have been granted by the Department 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, and 58 FR 68138, December 23, 1993; 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 and 59 FR 14394, March 28, 1994; 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, and 60 FR 100, January 3, 1995. Thus, it appears likely that the Petition for Waiver will be granted for blower time delay.

### Federal Register / Vol. 60, No. 166 / Monday, August 28, 1995 / Notices

York's Application for Interim Waiver does not provide sufficient information to evaluate what, if any, economic impact or competitive disadvantage York will likely experience
absent a favorable determination on its application. However, in those instances where the likely success of the Petition for Waiver has been demonstrated, based upon the Department 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, York's Application for an Interim Waiver from the Department test procedure for its P2UR and PBLU lines of condensing furnaces regarding blower time delay is granted. York shall be permitted to test its P2UR, and PBLU lines of condensing furnaces on the basis of the test procedures specified in 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 the Department acts on the Petition for Waiver, whichever is sooner, and may be extended for an additional 180-day period, if

necessary. Sincerely,
Christine A. Ervin,
Assistant Secretary, Energy Efficiency and Renewable Energy.

York Central Environmental Systems; York
International

June 26, 1995.
Assistant Secretary, Conservation & Renewable Energy
United States Department of Energy, 1000 Independence Avenue, SW., Washington,
DC 20585.
Subject: Petition for Waiver and Application for Interim Waiver.
Gentlemen: This is a Petition for Waiver and Application for Interim Waiver submitted pursuant to Title 10 CFR 430.27,
as amended 14 November 1986. Waiver is requested from the test procedures for measuring the Energy Consumption of Furnaces found in Appendix N of Subpart B to Part 430, specifically the section requiring a 1.5 minute delay between burner ignition and start-up of the circulating air blower. York International requests a waiver from the specified 1.5 minute delay, and seeks authorization in its furnace efficiency test procedures and calculations to utilize a fixed timing control that will energize the circulating air blower 30 seconds after the gas valve opens. A control of this type with a
fixed 30 second blower on-time will be
utilized in our P2UR an PBLU lines of condensing furnaces. The current test procedure does not credit York for additional energy savings that occur
when a shorter blower on-time is utilized.
Test data for these furnaces with a 30 second delay indicate that the overall furnace AFUE will increase approximately 1.5 percentage points compared to the same furnace when tested with the 1.5 minute delay. Copies of the confidential test data confirming these energy savings will be forwarded to you upon
request. York International is confident that this waiver will be granted, as similar waivers have been granted in the past to Coleman Company, Magic Chef Company, Rheem Manufacturing, the Trane Company, Carrier Corporation, Lennox Industries, Amana Refrigeration, Goodman Manufacturing Company and others. Manufacturers that domestically market similar products are being sent a copy of this Petition for Waiver and Application for
Interim Wavier.
Sincerely,
Michael B. Eberlein, P.E.
Engineering Manager-Furnace Products, Unitary Products Group.

[FR Doc. 95-21284 Filed 8-25-95; 8:45 am]

BILLING CODE 6456-O1-P-M 

### Federal Energy Regulatory Commission

[Docket No

. EG95-77-000, et al.] 

### 44483

Cortes Operating Company

, S.A. de C.V., et al .; Electric Rate and Corporate Regulation Filings

August 21, 1995. Take notice that the following filings have been made with the Commission:

1. Cortes Operating Company, S.A. de
C.V.

[Docket No. EG95-77-000] Take notice that on August 11, 1995, Cortes Operating Company, S.A. de C.V. ("Cortes") (c/o Lynn N. Hargis, Chadbourne & Parke, 1101 Vermont Avenue, N.W., Suite 1000, Washington, D.C. 20005), filed with the Federal Energy Regulatory Commission an application for determination of exempt wholesale generator status pursuant to Part 365 of the Commission's Regulations. Cortes is a Honduras company formed to operate an electric generating facility located in Puerto Cortes, Honduras. Comment date: September 11, 1995, in accordance with Standard Paragraph E at the end of this notice. The Commission will limit its consideration of comments to those that concern the adequacy or accuracy of the application.

2. Electricidad de Cortes S de R.L. de
C.V.

[Docket No. EG95-78-000] Take notice that on August 11, 1995, Electricidad de Cortes, S. de R.L. de C.V. (ELCOSA) (c/o Lynn N. Hargis, Chadbourne & Parke, 1101 Vermont Avenue, N.W., Suite 1000, Washington, D.C. 20005), filed with the Federal Energy Regulatory Commission an application for determination of exempt wholesale generator status pursuant to Part 365 of the Commission's Regulations. ELCOSA is a Honduras company formed to operate an electric generating facility located in Puerto Cortes, Honduras. Comment date: September 11, 1995, in accordance with Standard Paragraph E at the end of this notice. The Commission will limit its consideration of comments to those that concern the adequacy or accuracy of the application.

3. Tenaska Power Services Company

[Docket No. ER94-389-004] Take notice that on August 10, 1995, Tenaska Power Services Company filed certain information as required by the Commission's May 26, 1994, order in Docket No. ER94-389-000. Copies of