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 scope

to 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, Case

No. 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

 CAS-RM-79-104 COMMENT 127
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.

 CAS-RM-79-104 COMMENT 127
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

 CAS-RM-79-104 COMMENT 127