Federal Register / Vol. 60, No. 235 / Thursday, December 7, 1995 / Notices

central furnaces manufactured by Trane

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 November 29, 1995, this

Waiver supersedes the Interim Waiver

granted the Trane Company on

September 28, 1995. 60 FR 53354,

October 13, 1995 (Case No. F-080).

Issued In Washington, DC, on November

29, 1995.

Christine A. Ervin,

Assistant Secretary, Energy Efficiency and

Renewable Energy.

[FR Doc. 95-29717 Filed 12-6-95; 8:45 am]

BILLING CODE 6450-01-P

DAYA, D1NH, and DAYH lines of

induced draft outdoor package units,

permitting the company to use an

alternate test method in determining

AFUE.

Issued in Washington, DC, on November

29, 1995.

Christine A. Ervin,

Assistant Secretary, Energy Efficiency and

Renewable Energy.

Decision and Order; Department of

Energy, Office of Energy Efficiency and

Renewable Energy

In the Matter of: York International.

[Case No. F-081]

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.

[Case No. F-081 ]

Energy Conservation Program for

Consumer Products: Decision and

Order Granting a Waiver From the

Furnace Test Procedure to York

International

AGENCY : Office of Energy Efficiency and

Renewable Energy, Department of

Energy

ACTION: Decision and order.

SUMMARY: Notice is given of the

Decision and Order (Case No. F-081)

granting a Waiver to York International

(York) from the existing Department of

Energy (DOE) test procedure for

furnaces. The Department is granting

York's Petition for Waiver regarding

blower time delay in calculation of

Annual Fuel Utilization Efficiency

(AFUE) for its D 1 NA, DAYA, D 1 NH,

and DAYH lines of induced draft

outdoor package units.

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, York has

been granted a Waiver for its D1NA,

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

62837

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.

York filed a "Petition for Waiver,"

dated August 8, 1995, in accordance

with section 430.27 of 10 CFR Part 430.

The Department published in the

Federal Register on October 13, 1995,

York's Petition and solicited comments,

data and information respecting the

Petition. 60 FR 53358, October 13, 1995.

York also filed an "Application for

Interim Waiver" under section 430.27(g)

which DOE granted on September 28,

1995. 60 FR 53358, October 13, 1995.

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 York Petition. The

FTC did not have any objections to the

issuance of the waiver to York.

Assertions and Determinations

York'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. York requests

the allowance to test using a 30-second

blower time delay when testing its

D 1 NA, DAYA, D 1 NH, and DAYH lines

of induced draft outdoor package units.

York states that since the 30-second

delay is indicative of how these models

actually operate and since such a delay

results in an overall furnace AFUE

improvement of approximately 0.4

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. York indicates that it is

unable to take advantage of any of these

 CAS-RM-79-104 COMMENT 134
62838 Federal Register / Vol. 60, No. 235 / Thursday, December 7, 1995 / Notices

exceptions for its D1NA , DAYA, D1NH,

and DAYH lines of induced draft

outdoor package units.

Since the blower controls

incorporated on the York 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 York D1NA, DAYA, D1NH,

and DAYH lines of induced draft

outdoor package units. Accordingly,

with regard to testing the D 1 NA, DAYA,

D1NH, and DAYH lines of induced draft

outdoor package units, today's Decision

and Order exempts York 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

York International . (Case No . F-081) 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, York International,

shall be permitted to test its D1NA,

DAYA, D1NH, and DAYH lines of

induced draft outdoor package units 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 onperiod draft.

(iii) With the exception of the

modifications set forth above, York

International 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 D1NA,

DAYA, D1NH, and DAYH lines of

induced draft outdoor package units

manufactured by York International.

(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 November 29, 1995, this

Waiver supersedes the Interim Waiver

granted York International on

September 28, 1995. 60 FR 53358,

October 13, 1995 (Case No. F-081).

Issued In Washington, DC, on November

29, 1995.

Christine A. Ervin,

Assistant Secretary, Energy Efficiency and

Renewable Energy.

[FR Doc. 95-29718 Filed 12-6-95; 8:45 am]

BILLING CODE 6450-01-P

Federal Energy Regulatory

Commission

[Docket No. GT96-33-000]

Tennessee Gas Pipeline Company;

Notice of Refund Report

December 1, 1995.

Take notice that on November 2,

1995, Tennessee Gas Pipeline Company

(Tennessee) tendered for filing with the

Federal Energy Regulatory Commission

(Commission) a refund report pursuant

to the Commission's February 22, 1995,

order issued in Docket No. RP95-124-

000.

Tennessee states that it has refunded

to its customers the Gas Research

Institute's (GRI) refunds to Tennessee of

the GRI's 1994 overcollections from

Tennessee. Tennessee states that it is

allocating the $71,448.00 refund from

GRI on a pro rata basis to firm

transportation customers that received

nondiscounted service during 1994,

based on each such customer's share of

GRI rate adjustment payments to

Tennessee during 1994.

Any person desiring to be heard or to

protest said filing should file a motion

to intervene or protest with the Federal

Energy Regulatory Commission, 888

First Street, N.E., Washington, D.C.

20426, in accordance with Rules 211

and 214 of the Commission's Rules of

Practice and Procedure (18 CFR 385.211

and 385.214). All such motions or

protests should be filed on or before

December 8, 1995. Protests will be

considered by the Commission in

determining the appropriate action to be

taken, but will not serve to make

protestants parties to the proceeding.

Any person wishing to become a party

must file a motion to intervene. Copies

of this filing are on file with the

Commission and are available for public

inspection.

Lois D. Cashell,

Secretary.

[FR Doc. 95-29794 Filed 12-6-95; 8:45 am]

BILLING CODE 6717-01-M

[Docket No. CP96-87-000]

Florida Gas Transmission Company;

Notice of Request Under Blanket

Authorization

December 1, 1995.

Take notice that on November 28,

1995, Florida Gas Transmission

Company (FGT), 1400 Smith Street,

Houston, Texas 77002, filed in Docket

No. CP96-87-000 a request pursuant to

§§ 157.205 and 157.212 of the

Commission's Regulations under the

Natural Gas Act (18 CFR 157.205,

157.212) for authorization to construct

and operate a delivery point meter

station for the City of Tallahassee

(Tallahassee) under FGT's blanket

certificate issued in Docket No. CP82-

553-000 pursuant to Section 7 of the

Natural Gas Act, all as more fully set

forth in the request that is on file with

the Commission and open to public

inspection.

FGT proposes to construct and

operate a delivery point meter station in

Leon County, Florida, near mile post

431.0 on FGT's 24-inch mainline, to

 CAS-RM-79-104 COMMENT 134