### 53358 Federal Register / Vol. 60, No. 198 / Friday, October 13, 1995 / Notices

[Case No

. F-081]


### Energy Conservation Program for Consumer Products : Granting of the Application for Interim Waiver and Publishing of the Petition for Waiver of York International From the DOE Furnace Test Procedures 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 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. On August 8, 1995, York filed an Application for Interim Waiver and a Petition for Waiver regarding blower time delay. York'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, York requests the allowance to test using a 30-second blower time delay when testing its D1NA, DAYA, D1NH, and DAYH lines of induced draft outdoor package units. 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 0.4 percent point improvement. Since current DOE 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 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, 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, AGENCY : Office of Energy Efficiency and National Appliance Energy Renewable Energy, Department of Conservation Act of 1987 (NAECA), Energy. Public Law 100-12, the National

ACTION: Notice Appliance Energy Conservation Amendments of 1988 (NAECA 1988),

SUMMARY : Today's notice publishes a letter granting an Interim Waiver to York International (York) from the existing Department of Energy (DOE or Department) test procedure regarding blower time delay for the company's D1NA, DAYA, D1NH, and DAYH lines of induced draft outdoor package units.
Today's notice also publishes a
"Petition for Waiver" from York. York's Petition for Waiver requests DOE to grant relief from the DOE furnace test procedure relating to the blower time delay specification. York seeks to test using a blower delay time of 30 seconds for its D 1 NA, DAYA, D 1 NH, and DAYH lines of induced draft outdoor package units 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. 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 on September 26, 1980, creating the waiver process. 45 FR 64108. Thereafter, DOE 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 DOE for a waiver of such DATES: DOE will accept comments, data, prescribed test procedures. 51 FR 42823, and information not later than November 26, 1986. November 13, 1995. The waiver process allows the

ADDRESSES : Written comments and statements shall be sent to: Department of Energy, Office of Energy Efficiency and Renewable Energy, Case No. F-081, Mail Stop EE-43, Room 1J-108, Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 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, 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. 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. 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

### Federal Register / Vol. 60, No. 198 / Friday, October 13, 1995 / Notices

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 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 York an Interim Waiver for its D1NA, DAYA, D1NH, and DAYH lines of induced draft outdoor package units. 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.

York' s Petition for Waiver requested DOE to grant relief from the DOE furnace test procedure relating to the blower time delay specification. York seeks to test using a blower delay time
of 30 seconds for its D1NA, DAYA, D1NH

, and DAYH lines of induced draft outdoor package units instead of the specified 1.5-minute delay between
burner on

-time and blower on-time. Pursuant to paragraph (b) of 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., September 28,
1995.
Christine A. Ervin,

Assistant Secretary, Energy Efficiency and Renewable Energy.

Department of Energy, Washington, DC, September 28, 1995. Mr. Mark Diesch Product Engineer, York International, 5005 Interstate Drive North, Norman, Oklahoma 73069. Dear Mr. Diesch: This is in response to your August 8, 1995 Application for Interim Waiver and Petition for Waiver from the Department of Energy (DOE or Department) test procedure regarding blower time delay for York International (York) D1NA, DAYA, D1NH, and DAYH lines of induced draft outdoor package units. Previous waivers for this type of timed 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, 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; HeilQuaker 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. 

### 53359

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 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, York's Application for an Interim Waiver from the DOE test procedure for its D1NA, DAYA, D1NH, and DAYH lines of induced draft outdoor package units regarding blower time delay is granted. York shall be permitted to test its D1NA, DAYA, D1NH, and DAYH lines of induced draft outdoor package units 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 DOE acts on the Petition for Waiver, whichever is sooner, and may be extended for an additional 180- day period, if necessary.

### 53360 Federal Register / Vol. 60, No. 198 / Friday, October 13, 1995 / Notices

The Department is publishing in the Federal Register the Petition for Waiver in its entirely. The Petition contains no confidential information. The Department is soliciting comments, data, and information respecting the Petition. Sincerely,
Christine A. Ervin, Assistant Secretary, Energy Efficiency and Renewable Energy. August 8, 1995. Assistant Secretary, Conservation & Renewable Energy,
United States Department of Energy, 1000 Independence Avenue, SW., Washington,
D.C. Subject: Petition for Waiver and Application
for Interim Waiver. Dear Assistant Secretary: 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 DINA, DAYA, D1NH, and DAYH lines of induced draft package gas/
electrics. 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 0.4 percent compared to the same furnace 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 to York International in the past along with Inter-City Products Corporation, Rheem Manufacturing, the Trane Company, and others. Sincerely,
Mark Diesch,
Product Engineer.

[FR Doc. 95-25351 Filed 10-12-95; 8:45 am]

BILLING CODE 6450-01-P

Record of Decision ; Southeast Regional Wastewater Treatment Plant Facilities Improvements Project and Geysers Effluent Pipeline Project

AGENCY : Energy Efficiency and Renewable Energy, Office of Utility Technologies, Department of Energy.
ACTION: Notice of Record of Decision.

SUMMARY : Today's notice is issuing the United States Department of Energy (the Department) Office of Energy Efficiency and Renewable Energy's Record of Decision on the Southeast Regional Wastewater Treatment Plant Facilities Improvements Project and Geysers Effluent Pipeline Project Environmental Impact Statement/Environmental Impact Report prepared by the United States Department of Interior, Bureau of Land Management (the Bureau) and the Lake County California Sanitation District. The Department, as a cooperating agency, adopted the Environmental Impact Statement as DOE/EIS-0224 on January 11, 1995 after independent review. This Record of Decision is pursuant to the Council on Environmental Quality regulations (40 Code of Federal Regulations Parts 1500- 1508), which implement the procedural provisions of the National Environmental Policy Act, and the Department's National Environmental Policy Act regulations (10 Code of Federal Regulations Part 1021). The document was also prepared to comply with the California Environmental Quality Act, hence the impacts; the proposed project will be beneficial to the public by extending the life of the Southeast Geysers Geothermal Field providing more electricity for consumption, and the proposed project will be beneficial to the public by bringing the Southeast Regional Wastewater Treatment Plant into compliance with California Regional Water Quality Control Board Waste Discharge Requirements and enable lifting of the Board's 1991 Cease and Desist Order and associated moratorium. The final Environmental Impact Statement was published August 25, 1994.

ADDRESSES : The Final Environmental Impact Statement is available for public review at the following locations: Bureau of Land Management - 2550 N. State St., Ukiah, California Lake County Sanitation District - 230A Main St., Lakeport, California Lake County Planning Department - 255 N. Forbes St., Lakeport, California Lakeport Public Library - 1425 N. High St., Lakeport, California Redbud Public Library - 4700 Golf Ave., Lakeport, California City of Clearlake Offices - 14360 Lakeshore Dr., Clearlake, California Lower Lake Water District - 16175 Main St., Lower Lake, California South Lake Water District - 21095 State Hwy. 175, Middletown, California Sonoma County Public Library - 3rd & E Sts., Santa Rosa, California Sonoma County Planning Dept. - 575 Administration Dr., Santa Rosa, California Sonoma County Board of Supervisors Office - 575 Administration Dr., Santa Rosa,
California Yolo County Flood Control and Water Conservation District - 34274 State Hwy. 16, Woodland, California U. S. Department of Energy Public Reading Room, 1000 Independence Avenue, SW, Washington, D.C.
FOR FURTHER INFORMATION CONTACT: For further information regarding the Department's involvement in this project and for copies of this Record of Decision please contact the Southeast Geysers Environmental Impact Statement Document Manager, U.S. Department of Energy, 850 Energy Drive, Mail Stop-1146, Idaho Falls, Idaho 83401-1563, (208) 526-1483. For information regarding the National Environmental Policy Act process, contact Ms. Carol M. Borgstrom, Director, Office of National Environmental Policy Act Policy and Assistance, U.S. Department of Energy, 1000 Independence Avenue, SW, Washington, DC 20585, (202) 586-4600 or (800) 472-2756. To receive a copy of the final Environmental Impact Statement and the Bureau Record of Decision please contact Mr. Richard Estabrook, Project Manager, U.S. Bureau of Land Management, Ukiah District, 2550 North State Street, Ukiah, CA, 95482, (707) 468-4052.

SUPPLEMENTARY INFORMATION:
Background Since early 1992, the Lake County Sanitation District has pursued a joint venture with the geothermal industry, specifically the Northern California Power Agency, Calpine Corporation (Calpine), and Pacific Gas and Electric Company, to develop a plan for disposal of secondary-treated effluent from the Southeast Regional Wastewater Treatment Plant (the Plant) near the City of Clearlake, California, in the Southeast Geysers Geothermal Steam Field. In early 1994, Union Oil Company also became a partner in the joint venture. That plan includes upgrades to treatment facilities at the Plant, construction of a pipeline to divert raw lake water from Clear Lake to be added to the effluent, construction of a 26-mile 24-inch diameter pipeline to the Southeast Geysers, addition of effluent from the Middletown Wastewater Treatment Plant, pump stations, secondary distribution lines for conveying the effluent to injection wells in the steam field, and construction of storage regulating tanks. The project is located primarily in Lake County, California, and also in part of Sonoma County, California. The project is intended to alleviate two circumstances. (1) It would resolve treatment and disposal deficiencies and would provide additional capacity at