. , , Federal Register / Vol. 56, No. 89 / Wednesday, April 10, 1991 / Notices

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, 825

North Capitol Street, NE., Washington,

DC 20426, In accordance with 18 CFR

985.214 of the Commission's Rules of

Practice and Procedure. All such

motions or protests should be filed on or

before April 10, 1991. 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. 91-8496 Filed 4-0-61; &45 am]

MWN6 Coos $117.01-U

[Docket No. RP91-56-003]

Williston Basin Interstate Pipeline Co.;

Notice of Compliance Filing

April 3,1991

Take notice that on March 3. 1991,

Williston Basin Interstate Pipeline

Company (Williston Basin), Suite 200,

304 East Rosser Avenue, Bismarck,

North Dakota 58501. tendered for filing

under protest certain revised tariff

'sheets to First Revised Volume No.1 of

its FERC Gas Tariff.

Williston Basin states that the revised

tariff sheets were filed under protest in

compliance with the Commission's

March 1, 1991 "Order Directing Revised

Allocations to Small Customer Fixed

Charges to Comply with Order No. 528-

A" as more fully described in the filing.

Any person desiring to protest said

filing should file a protest with the

Federal Energy Regulatory Commission,

825 North Capitol Street. NE.,

[Docket Nos. T090-3-4$.005 and RP69-

140-010]

0

Williams Natural Gas Co.; Notkm of

Filing of Pipeline Refund Report

April 3, 1991

Take notice that Williams Natural

Gas Company (WNG) on January 2,

1991, submitted for filing a report of

refunds made to jurisdictional customers

for the period May 1, 19M through

October 31, 1990 in compliance with the

Commission's Order Accepting and

Suspending Tariff Sheets Subject to

Conditions, issued May 30,1990 and,

Order Granting in Part and Denying in

Part Rehearing, Issued September 18,

1990 in the subject proceedings.

WNG states that a copy of this report

has been served upon jurisdictional

customers, state regulatory commissions

having jurisdiction, and all parties to

Docket Nos. TQ90-343 and RP89-140.

Any person desiring to protest said

filing should file a protest with the

Federal Energy Regulatory Commission,

825 North Capitol Street. NE.,

Washington, DC 20428, in accordance

with Rules 214 and 211 of the

Commission's Rules of Practice and

Procedure 18 CFR 385.214, 385.211 (1990).

All such protests should be filed on or

before April 11. IM. Protests will be

considered by the Commission but will

not serve to make protestants parties to

the proceeding. Copies of this filing are

on file with the Commission and are

available for public inspection.

Lois D. Casbell,

Secretary.

(FR Doc. 91-8377 Filed 4-9-91; &45 am)

BKUNO CDDE 0717-01-U

Washington, DC 20428, in accordance

with Rules 214 and 211 of the

Commission's Rules of Practice and

Procedures, 18 CFR 385.214 and 385.211.

All such protests should be filed on or

before April 10, 1991. 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.

Persons that are already parties to this

proceeding need not file a motion to

intevene in this matter. Copies of this

filing are on file with the Commission

and are available for public inspection.

Lois D. Cashell,

Secretary.

[FR Doc. 91-8578 Filed 4-0-91; 8:45 am]

IN UNO CODE 071741-111

14511

Snyder's Petition for Waiver requests

DOE to grant relief from the DOE test

procedures relating to the blower time

delay specification. Snyder seeks to test

using a blower delay time of 60-seconds

for its GUI, GNl, GUH, GUA. GDA and

PGMA central furnaces instead of the

specified 1.5-minutes delay between

burner on-time and blower on-time.

DOE is soliciting comments, data, and

information respecting the Petition for

Waiver.

DATES: DOE will accept comments, data,

and information not later than May 10.

1991.

ADDRESSES: Written comments (8

copies) and statements shall be sent to:

Department of Energy, Office of

Conservation and Renewable Energy,

Case No. F-029, Mail Stop CE-90, room

OB-025, Forrestal Building, low

Independence Avenue SW.,

Washington. DC 20585 (202) 588-3012.

FOR FURTHER INFORMATION CONTACT:

Cyrus H. Nasseri, U.S. Department of

Energy, Office of Conservation and

Renewable Energy, Mail Station CE43, Forrestal Building. 1000

Independence Avenue SW.,

Washington. DC 20585 (202) 588-9127.

Eugene Margolis, Esq., U.S. Department

of Energy, Office of General Counsel,

Mail Station GE .41, 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

Office of Conservation and

Renewable Energy

[Cu. No. F-029]

Energy Conservation Program for

Consumer Products; Application for

Interim Waiver and Petition for Waiver

of Furnace Test Procedures From

Snyder General Corporation

AGENCY: Office of Conservation and

Renewable Energy, Department of

Energy.

SUMMARY: Today's notice publishes a

letter granting an Interim Waiver to

Snyder General Corporation (Snyder)

from the existing Department of Energy

(DOE) test procedures for furnaces

regarding blower time delay for the

company's GUI, GNL GUH, GUA, GDA

and PGMA central furnaces.

Today's notice also publishes a

"Petition for Waiver" from Snyder.

Conservation Policy Act (NECPA),

Public Law 95-019, 92 Stat. 3266, the

National Appliance Energy

Conservation Act of 1987 (NAECA),

Public Law 100-12, and the National

Appliance Conservation Amendments of

1988 (NAECA 1988), Public Law 100-357,

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.

DOE amended the prescribed test

,procedures by adding 10 CFR 430.27 on

September 28,1980, creating the waiver

process. 45 FR 64108. Thereafter DOE

further amended the appliance test

procedure waiver process to allow the

Assistant Secretary for Conservation

CAS-RM-79-104 COMMENT 53
14512 Federal Register / Vol. 58, No. 80 / Wednesday, April 10, 1991 / Notices

and Renewable Energy (Assistant

Secretary) to grant an interim waiver

from teat procedure requirements to

manufacturers that have petitioned DOE

for a waiver of such prescribed teat

procedures. 51 FR 42823, November 28,

1988.

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

unrepresenatative 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 1988 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

S

Petition for Waiver. An interim waiver

remains in effect for a period of 180 days

or until DOE issues its determination on

Lt a Petition for Waiver, whichever is

sooner, and may be extended for an

additional 180 days, if necessary.

On January 4. 1991, Snyder filed an

Application for an Interim Waiver

regarding blower time delay. Snyder's

Application seeks an Interim waiver

from the DOE test provisions that

require a 1.5-minutes time delay

between the ignition of the burner and

starting of the circulating air blower.

Instead, Snyder requests the allowance

to test using a 90-second blower time

delay when testing its GUI, GNL GUH,

GUA, GDA and PGMA central furnaces.

Snyder states that the 80-second delay

is indicative of how these furnaces

actually operate. Such a delay results in

an energy savings of approximately 1.0

percent, according to Snyder. Since

current DOE test procedures do not

address this variable blower time delay,

Snyder asks that the interim waiver be

granted.

Previous waivers for this type of

timed blower delay control have been

granted by DOE to the Coleman

Company, 5o FR 2710, January 18,1985;

Magic Chef Company, 50 FR 41553.

October 11.1985; Rheem Manufacturing

Company, 53 FR 48574, December I.

1988, and 55 FR 3253, January 31,1990;

Tkane Company, 54 FR 19228, May 4,

1989, and 55 FR 41589, October 12,1990;

Lennox Industries, 54 FR 50525,

December 7,1989; DMO Industries, 55

FR 4004, February 9,1990; Heil-Quaker

Corporation, 55 F.R. 13184, April 9,1990;

Carrier Corporation, 55 FR 13182, April

9, 1990; and Amana Refrigeration, Inc..

58 FR 853, January 9, 1991. 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

comparable basis.

Therefore, based on the above, DOE is

granting Snyder an Interim Waiver for

GUI, GM, GUH, GUA, GDA and PGMA

central furnaces. Pursuant to paragraph

(e) of1 430.27 of the Code of Federal

Regulations, the following letter granting

the Application for Interim Waiver to

Snyder General Corporation was issued.

Pursuant to paragraph (b) of 10 CFR

430.27, DOE Is hereby publishing the

"Petition of Waiver" in its entirety. The

petition contains no confidential

information. DOE solicits comments.

data, and Information respecting the

petition.

Issued in Washington, DC, April 4,1991-

J. Michael Davis, F.&,

Assistant Secretary, Conservation and

Renewable Energy.

April 4, 199-1

Mr. David B. Schumacher,

Manager, Developmen t Engineering, Snyder

General Corporation, 401 Randolph

Street, Red Bud IL =784C&8

Dear Mr. Schumacher. This is in response

to your January 4,1991, Application for

Interim Waiver and Petition for Waiver from

the Deparert of Energy (DOE) test

procedures for Snyder furnaces regarding

blower time delay for the Snyder General

Corporation (Snyder) GUI, GNI, GUI!. GUA.

GDt. and PGMA central furnaces.

Previous waivers for timed blower delay

control have been granted by DOE to

Coleman Company, 50 F.R. 2710, January 18,

1985; Magic Chef Company, 50 F.R. 41553,

October 11,1985; Rheem Manufacturing

Company, 53 F.R. 48574, December 1,1988,

and 55 F.R. 3253, January 31,1990; Trans

Company, 54 F.R. 19Z25, May 4. 1989, and 55

F.F 41589, October 12, 1990; Lennox

Industries 54 F.R. 50525. December 7,19

DMO Industries, 55 F.R 4004, February 6,

1990; Heil-Quaker Corporation, 55 F.R. 13184.

April 9,1990; Carrier Corporation, 55 F.R.

13182, April 9, 5990; and Amana Refrigeration

Inc„ 56 F.R. 853, January IL ML

Snyder's Application for Interim Waiver

does not provide sufficient information to

evaluate what, If any, economic impact of

competitive disadvantage Snyder 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, Snyder's Application for an

Interim Waiver from the DOE test procedures

for its GUI, CNL GUN, GUA. CDA and

PGMA central furnaces regarding blower

time delay is granted.

Snyder shall be permitted to test its GUI,

GNI, CUB, CUA. GDA and PCMA central

furnaces on the basis of the test procedures

specified in 10 CFR Part 430, Subpart a

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/ASHRP.E 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 employed

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 oilfueled furnaces, maintain the draft in the flue

pipe with t0A1 inch of water gauge 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 revoked 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.

CAS-RM-79-104 COMMENT 53
Federal Register / Vol. 56, No.

Sincerely,

1. Michael Davis, P.L.

Assistant Secretary, Conservation and

Renewable Energy.

January 4,1991

Assistant Secretary Conservation and

Renewable Resources.

United States Department of Energy, 1000

Independence Avenue SW, Washington,

DC20585

Gentlemen: This Is a Petition of Waiver

and Application for Interim Waiver

submitted pursuant to Title 10 CFR, part

430.27. Waiver is requested from the furnace

test procedure found in Appendix N to

Subpart B of Part 430.

The current test procedure requires a 1.5

minute delay between burner and supply air

blower startup. The SnyderGeneral

Corporation is requesting the use of 60

seconds instead of 1.5 minutes when testing

our GUI, GNi. GUH, GUA, GDA and PGMA

central furnace families incorporating a timed

fan control with a maximum timed on

adjustment of 80 seconds. The current

procedure does not credit Snyder-General for

additional energy savings that are realized

when a shorter blower on time is utilized.

Test data for each model series indicates an

average 1% AFUE increase when a 80 second

timed on delay is used. Copies of confidential

test data confirming these energy savings will

be forwarded to you upon request.

SnyderGeneral is confident that this

petition for Waiver will be granted. and

therefore, requests an Interim Waiver until

the final ruling is made . Similar waivers have

been granted to Evcon. Rheem

Manufacturing, Carrier, Inter-City Products,

Lennox Industries and the Trans Company.

Also. the proposed ASHRAE 103-88 currently

under consideration by DOE contains the

coverage requested in this Petition for

Waiver.

Manufacturers that domestically market

similar products have been sent a copy of the

Petition for Waiver and Application for

Interim Waiver.

Best regards,

Snyder General Corporation.

David B. Schumacher,

Manager. Development Engineering.

[FR Doc. 91-8444 Filed 4-8-91; &45 am)

sa.tum CODE 046"i-H

[Docket No. CAS-RAA -79-1051

Energy Conservation Program for

Consumer Products; Extension of

Compliance Date for Final Rule

Regarding Test Procedures and

Energy Conservation Standards for

Water Heaters

AGENCY: Conservation and Renewable

Energy Office, Department of Energy.

SUMMARY: On February 14,1991, the Gas

Appliance Manufacturers Association

(LAMA) petitioned the Department of

Energy (DOE) on behalf of 15

manufacturers to extend the compliance

date of the Final Rule regarding test

69 / Wednesday. April 10, 1991

procedures and energy conservation

standards for water heaters published in

the Federal Register on October 17, 1990

(55 FR 42182). Today's notice publishes

a letter granting an extension of the

compliance date for those

manufacturers from April 15, 1991, to

October 15, 1991.

Issued in Washington, DC, April 3. IM.

1. Michael Davis,

Assistant Secretary, Conservation and

Renewable Energy.

Mr. Frank A. Stanonik,

Associate Director of Technical Services,

Gas Appliance Manufacturers Association,

1901 North Moore Street,

Arlington, VA 22209

Dear Mr. Stanonik: The Department of

Energy (DOE) has received the letter dated

February 14,1991, from the Gas Appliance

Manufacturers Association (LAMA). LAMA.

on behalf of 15 water heater manufacturers.

requested an extension of the effective date

of the final rule regarding test procedures and

energy conservation standards for water

heaters published in the Federal Register on

October 27, FR 42162. The letter

states that because of the time required for

manufacturers to reconfigure their test

facilities, the length of time required to

conduct each test, and the large number of

models to be tested, the manufacturers will

be unable to complete the tests by April 15.

1991.

DOE has reviewed this information and

agrees that the revised test procedures

represent a significant test burden that

manufacturers cannot reasonably complete

by April 25, 1991 . Furthermore, DOE notes

that extending the effective date of this final

rule will not result in any loss of energy

savings since test procedures provide a

standard measurement of energy efficiency

and all water heaters will be required to meet

applicable energy conservation standards.

Therefore, after reviewing the above, DOE

is extending the effective date from April 15,

1991, to October 15,1991, for the

manufacturers listed in Appendix A of this

letter.

Sincerely,

J. Michael Davis.

Assistant Secretary. Conservation and

Renewable Energy.

Appendix A

American Appliance Mfg. Corporation

Bock Water Heaters

Bradford-White Corporation

Crispaire Corporation

Energy Utilization Systems. Inc.

Ford Products Corporation

GSW Water Heating Company Ltd.

Heat Transfer Products. Inc.

Mor-Flo Industries, Inc.

Rheem Manufacturing Company Water

Heater Division

A. O. Smith Water Products Co.

State Industries, Inc.

Therma-Star Products Group-DEC

International

Vaughn Manufacturing Company

/ Notices 14513

Water Heater Innovations

[FR Doc. 91-8453 Filed 4 0 1; 8:45 am]

USLtJ O CODE 6450-O1-M

Office of Hearings and Appeals

Issuance of Decisions and Orders

During the Week of February 4

Through February 8, 1991

During the week of February 4 through

February 8, 1991, the decisions and

orders summarized below were issued

with respect to appeals and applications

for other relief filed with the Office of

Hearings and Appeals of the

Department of Energy. The following

summary also contains a list of

submissions that were dismissed by the

Office of Hearings and Appeals.

Appeal

Rockwell International, 2/4/91; LFAU094

Rockwell International filed an

Appeal from a partial denial issued to it

by the Acting Deputy General Counsel

for Litigation (AO) of the Department of

Energy (DOE) concerning a request for

information which it submitted under

the Freedom of Information Act. The AO

withheld drafts and memoranda

pursuant to Exemption S. The DOE

concluded that the AO's determination

was correct and that Rockwell's

arguments concerning the procedural

aspects of Exemption 5 were without

merit. The case was remanded to the

AO for an additional search for

responsive material.

Refund Applications

Cornell Construction Co., Inc., 2/4/91;

RR272-46

The DOE issued a Decision and Order

granting a Motion for Reconsideration

filed by the Cornell Construction

Company, Inc. In its Motion, Cornell

requested that OHA amend a November

21, 1989 Decision and Order granting the

firm's Application for Refund and

approve a supplemental crude oil refund

based upon previously unreported

purchases of liquid asphalt. In granting

the Motion, the OHA noted that

Cornell's failure to report the additional

gallons in its original claim was not

attributable to any omission or oversight

by Cornell. Rather, the invoices for the

additional purchases had been the

subject of a Department of justice

subpoena and, therefore, were

inaccessible to Cornell. Accordingly, the

Motion for Reconsideration was

granted. and Cornell was awarded's

supplemental refund of $2,972.

0

CAS-RM-79-104 COMMENT 53