### . , , 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 andRenewable 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

### 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.

### 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