11414 Federal Register / Vol. 69, No. 47 / Wednesday, March 10, 2004 / Notices 

[FR Doc. 04–5358 Filed 3–9–04; 8:45 am] 

BILLING CODE 6450–01–P

DEPARTMENT OF ENERGY

Office of Energy Efficiency and 

Renewable Energy 

Energy Conservation Program for 

Certain Industrial Equipment: Granting 

of the Application for Interim Waiver 

and Publishing of the Petition for 

Waiver of American Water Heater 

Company From the DOE Uniform 

Federal Test Procedure for Measuring 

Efficiency of Commercial Water 

Heaters (Case No. WH–016)

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy.

ACTION: Notice of Petition for Waiver 

and solicitation of comments; Grant of 

Interim Waiver. 

SUMMARY: Today’s notice grants an 

Interim Waiver to American Water 

Heater Company (AWH) and publishes 

AWH’s Petition for Waiver from the 

existing Department of Energy (the 

Department or DOE) test procedure for 

commercial water heaters. AWH claims 

that it cannot demonstrate compliance 

with the new energy efficiency 

requirements for commercial water 

heating products that became effective 

October 29, 2003, for some of its water 

heater models, using the current test 

procedure. The test procedure for 

measuring compliance with the new 

standards was published as a proposed 

rule on August 9, 2000, and has not yet 

been finalized. As part of today’s action, 

the Department is also soliciting 

comments, data, and information with 

respect to the Petition for Waiver.

DATES: The Department will accept 

comments, data, and information with 

respect to this Petition for Waiver on or 

before April 9, 2004.

ADDRESSES: Please submit comments, 

data, and information electronically if 

possible. Comments should be sent to 

the following Internet address: 

commercialwaterheaterwaiver@ 

ee.doe.gov. 

Electronic comments must be 

submitted in a WordPerfect, Microsoft 

Word, or PDF format, and avoid the use 

of special characters or any form of 

encryption. Comments in electronic 

format should be identified by the case 

number WH–016, and wherever 

possible carry the electronic signature of 

the author. Absent an electronic 

signature, comments submitted 

electronically must be followed and 

authenticated by submitting the signed 

original paper document. No 

telefacsimiles (faxes) will be accepted. 

Written (paper) comments may be 

submitted to: Ms. Brenda EdwardsJones, U.S. Department of Energy, Office 

of Energy Efficiency and Renewable 

Energy, Building Technologies Program, 

EE–2J, Case Number WH–016, 1000 

Independence Avenue, SW, 

Washington, DC 20585–0121, (202) 586–

2945. Please submit one signed copy, no 

faxes. 

Copies of the public comments 

received will be available in the 

resource room of the appliance office of 

the Building Technologies Program, 

room 1J–018 of the Forrestal Building at 

the U.S. Department of Energy, 1000 

Independence Avenue, SW, 

Washington, DC between the hours of 9 

a.m. and 4 p.m., Monday through 

Friday, except Federal holidays. Please 

call Ms. Brenda Edwards-Jones at the 

above telephone number for additional 

information regarding visiting the 

resource room.

FOR FURTHER INFORMATION CONTACT:

Mohammed Khan, U.S. Department of 

Energy, Building Technologies Program, 

Mail Stop EE–2J, Forrestal Building, 

1000 Independence Avenue, SW, 

Washington, DC 20585–0121, (202) 586–

7892; e-mail: Mohammed.Khan@ 

ee.doe.gov; or Francine Pinto, Esq., or 

Thomas DePriest, Esq., U.S. Department 

of Energy, Office of General Counsel, 

Mail Stop GC–72, Forrestal Building, 

1000 Independence Avenue, SW., 

Washington, DC 20585–0103, (202) 586–

9507; e-mail: Francine.Pinto@ 

hq.doe.gov, or Thomas.DePriest@ 

hq.doe.gov.

SUPPLEMENTARY INFORMATION:

Title III of the Energy Policy and 

Conservation Act (EPCA) sets forth a 

variety of provisions concerning energy 

efficiency. Part B of Title III (42 U.S.C. 

6291–6309) provides for the ‘‘Energy 

Conservation Program for Consumer 

Products Other than Automobiles.’’ Part 

C of Title III (42 U.S.C. 6311–6317) 

provides for a program entitled, 

‘‘Certain Industrial Equipment,’’ which 

is similar to the program in Part B, and 

which includes commercial air 

conditioning equipment, packaged 

boilers, water heaters, and other types of 

commercial equipment. 

Today’s notice involves commercial 

equipment under Part C, which 

specifically provides for definitions, test 

procedures, labeling requirements, 

energy conservation standards, and 

information and reports from 

manufacturers. With respect to test 

procedures, Part C generally authorizes 

the Secretary of Energy to prescribe test 

procedures that are reasonably designed 

to produce results that reflect energy 

efficiency, energy use and estimated 

annual operating costs, and that are not 

unduly burdensome to conduct. (42 

U.S.C. 6314) 

For commercial water heaters, EPCA 

provides that DOE’s test procedure shall 

be that generally accepted industry test 

procedure developed or recognized by 

the Air-Conditioning and Refrigeration 

Institute (ARI) or by the American 

Society of Heating, Refrigerating and Air 

Conditioning Engineers (ASHRAE), as 

referenced in ASHRAE/Illuminating 

Engineers Society (IES) Standard 90.1 

and in effect on June 30, 1992. (42 

U.S.C. 6314(a)(4)(A)) This statute also 

provides that if this industry test 

procedure is amended, the Secretary of 

Energy shall amend DOE’s test 

procedure to be consistent with the 

amended industry test procedure, 

unless the Secretary determines that 

such a modified test procedure does not 

meet the statutory criteria. (42 U.S.C. 

6314(a)(4)(B)) 

The current DOE test procedure that 

is applicable to this equipment is the 

one referenced in the version of 

ASHRAE/IES 90.1 in effect in 1992, the 

American National Standards Institute 

(ANSI)/Canadian Standards Association 

(CSA) Standard Z21.10.3–1990. In 

response to ASHRAE’s amendment to 

this standard, the Department issued a 

Notice of Proposed Rulemaking to adopt 

an updated test procedure for 

commercial water heaters, ANSI/CSA 

Standard Z21.10.3–1998, which is 

referenced in ASHRAE/IES Standard 

90.1–1999. (65 FR 48852, August 9, 

2000) The Department however, has not 

taken final action with respect to the 

proposed rule. Thus, the Standard 

Z21.10.3–1990 remains the applicable 

test procedure. 

In January 2001, the Department 

adopted the AHSRAE 90.1–1999 energy 

efficiency standards for commercial gasfired and oil-fired water heaters as new 

Federal efficiency standards effective 

October 29, 2003. (66 FR 3335, January 

12, 2001) Because the Department has 

not yet issued a final rule on its 

proposal for an updated test procedure 

for commercial water heaters, 

commercial water heater manufacturers 

must demonstrate compliance with the 

new energy efficiency standards using 

the existing DOE test procedure. 

The Department is required to make 

adjustments to its regulations, as 

necessary, to prevent special hardship, 

inequity or unfair distribution of 

burdens. (42 U.S.C. 7194) Currently, the 

Department has regulatory provisions in 

10 CFR 430.27 and 10 CFR 431.29 

allowing a waiver from test procedure 

requirements for covered consumer 


Case No. WH-016 COMMENT 01
Federal Register / Vol. 69, No. 47 / Wednesday, March 10, 2004 / Notices 11415

products and electric motors. There are 

no specific waiver provisions for other 

covered commercial equipment. 

However, the Department proposed 

waiver provisions for covered 

commercial equipment on December 13, 

1999 (64 FR 69597), as part of the 

commercial furnace test procedure rule, 

and the Department expects to publish 

a final rule codifying this process in 10 

CFR 431.201. Until that occurs, DOE 

will use the waiver provisions for 

consumer products and electric motors 

for waivers involving other covered 

commercial equipment. These waiver 

provisions are substantively identical. 

The waiver provisions allow the 

Assistant Secretary for Energy Efficiency 

and Renewable Energy to waive 

temporarily the test procedures for a 

particular basic model when a petitioner 

shows that the basic model contains one 

or more design characteristics that 

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. (See 10 

CFR 430.27 (a)(1), 10 CFR 431.29 (a)(1)) 

Waivers generally remain in effect until 

final test procedure amendments 

become effective, thereby resolving the 

problem that is the subject of the 

waiver. 

DOE will grant an Interim Waiver if 

it determines 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. (See 10 CFR 430.27 (g)) 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 July 29, 2003, AWH filed a 

Petition for Waiver and Application for 

Interim Waiver from the ‘‘DOE Uniform 

Federal Test Procedure for Measuring 

Efficiency of Commercial Water 

Heaters,’’ referenced in the version of 

ASHRAE 90.1 in effect in 1992, ANSI/

CSA Z21.10.3–1990. It requested 

permission to use ASHRAE Standard 

118.1–2003 as an alternate test 

procedure for its water heating products 

having the following model numbers: 

G*2–75T75–4NV, CG*2–75T75–4NV, 

PVG*2–75T75–3NV, PVCG*2–75T75–

3NV, G*2–100T77–4NV, CG*2–100T77–

4NV, G*2–75T75–4PV, CG*2–75T75–

4PV, PVG*2–75T75–3PV, PVCG*2–

75T75–3PV, G*2–100T77–4PV, CG*2–

100T77–4PV, G2*7575T4NV, 

CG2*7575T4NV, PVG2*7575T3NV, 

PVCG2*7575T3NV, G2*10077T4NV, 

CG2*10077T4NV, G2*7575T4PV, 

CG2*7575T4PV, PVG2*7575T3PV, 

PVCG2*7575T3PV, G2*10077T4PV, and 

CG2*10077T4PV wherein all above 

asterisks are replaced with warranty 

periods. 

In its petition, AWH seeks a waiver 

from the applicable test procedure 

because AWH asserts that the current 

DOE test procedure is incompatible 

with the new DOE energy efficiency 

standards, which became effective on 

October 29, 2003. AWH also states that 

the above-specified models of water 

heating products do not meet the new 

energy efficiency requirements using the 

current test procedure.

Due to the fact that DOE has 

experienced delays in publishing a final 

rule for the test procedure for 

commercial water heating products, and 

also recognizes that certain basic models 

of commercial water heaters are 

allegedly not compliant with the new 

energy efficiency standards absent a 

waiver from the current DOE test 

procedure, the Department has decided 

to grant this interim waiver to ensure 

that such models do not become 

noncompliant. However, the 

Department believes the appropriate 

alternate is the test procedure published 

in the August 9, 2000, proposed rule, 

which incorporates by reference ANSI/

CSA Standard Z21.10.3–1998, the 

applicable industry standard referenced 

by ASHRAE/IES Standard 90.1–1999. 

EPCA requires the Department, for 

certain commercial equipment, to 

amend its test procedures consistent 

with amended ASHRAE or ARI industry 

test procedures. (42 U.S.C. 6314(4)(B)) 

Because ASHRAE Standard 118.1–2003 

is not referenced in the amended 

ASHRAE Standard 90.1–1999, it would 

be inconsistent with the statutory 

language of EPCA to use it as an 

alternate test procedure as AWH 

requests. 

The most significant differences 

between the protocols presented in the 

proposed August 9, 2000, DOE test 

procedure and those presented in 

ASHRAE Standard 118.1–2003 are the 

duration requirements for the Standby 

Loss Test; other differences are minimal. 

The ANSI/CSA Standard Z21.10.3–1998 

test procedure specifies that the Standby 

Loss Test shall continue until the first 

cutout occurs following 24 hours from 

the time data collection is initiated. 

Because it is possible for some water 

heaters to not experience the cutout 

until days beyond the 24 hour limit, the 

industry test standard, ASHRAE 

Standard 118.1–2003, includes a 48-

hour limit to preclude undue test 

burdens. The inclusion of a 48-hour 

provision in the proposed DOE test 

procedure was suggested by the Gas 

Appliance Manufacturers Association 

(GAMA) and the California Energy 

Commission (CEC) in comments 

submitted in response to the August 9, 

2000, proposed rule. The Department 

agrees with the need for the additional 

test duration requirement and believes 

that the evidence in the record is clear 

and convincing that without the 48-hour 

termination provision, the standby loss 

test procedure in the ANSI/CSA 

Standard Z21.10.3–1998 can pose 

undue burdens on manufacturers. 

Therefore, this waiver authorizes the 

use of ANSI/CSA Standard Z21.10.3–

1998, and regarding the Standby Loss 

Test in section 2.10 of ANSI/CSA 

Standard Z21.10.3–1998, adds the 

requirement that the standby loss test 

duration shall be the shorter of either, 

(1) until the first cutout following 24 

hours from the initiation of data 

collection, or (2) until 48 hours from the 

initiation of data collection if the water 

heater is not in the heating mode at that 

time. 

After careful consideration of all the 

material that was submitted by AWH 

and others, the Department has decided 

to grant this interim waiver for the 

public policy reason that it is not 

desirable to make certain models of 

commercial water heaters noncompliant 

with the applicable energy efficiency 

standards given that the appropriate test 

procedure is not yet finalized. Hence, it 

is ordered that: 

(1) The ‘‘Application for Interim 

Waiver’’ filed by AWH is hereby granted 

for the basic models of water heating 

equipment as follows: G*2–75T75–4NV, 

CG*2–75T75–4NV, PVG*2–75T75–3NV, 

PVCG*2–75T75–3NV, G*2–100T77–

4NV, CG*2–100T77–4NV, G*2–75T75–

4PV, CG*2–75T75–4PV, PVG*2–75T75–

3PV, PVCG*2–75T75–3PV, G*2–

100T77–4PV, CG*2–100T77–4PV, 

G2*7575T4NV, CG2*7575T4NV, 

PVG2*7575T3NV, PVCG2*7575T3NV, 

G2*10077T4NV, CG2*10077T4NV, 

G2*7575T4PV, CG2*7575T4PV, 

PVG2*7575T3PV, PVCG2*7575T3PV, 

G2*10077T4PV, and CG2*10077T4PV 

wherein all above asterisks are replaced 

with warranty periods. 

(2) AWH is permitted the use of 

ANSI/CSA Standard Z21.10.3–1998 to 

establish compliance with the efficiency 

standards for its water heating products 

manufactured after October 29, 2003. 

Further, regarding the Standby Loss 

Test, section 2.10 of ANSI/CSA 

Standard Z21.10.3–1998, the use of an 


Case No. WH-016 COMMENT 01
11416 Federal Register / Vol. 69, No. 47 / Wednesday, March 10, 2004 / Notices 

additional test duration requirement is 

permitted as follows: The standby loss 

test duration shall be the shorter of 

either, (i) until the first cutout following 

24 hours from the initiation of data 

collection, or (ii) until 48 hours from the 

initiation of data collection if the water 

heater is not in the heating mode at that 

time. 

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.

This Interim Waiver shall remain in 

effect for a period of 180 days after 

issuance or until DOE acts on the 

Petition for Waiver, whichever is 

sooner, and may be extended for an 

additional 180-day period, if necessary. 

DOE is hereby publishing the ‘‘Petition 

for Waiver’’ in its entirety. (See 10 CFR 

430.27(b). The Petition contains no 

confidential information. The 

Department solicits comments, data, 

and information respecting the Petition. 

Any person submitting written 

comments to DOE concerning either the 

Petition for Waiver or Interim Waiver 

must also send a copy of such 

comments to the petitioner. 10 CFR 

430.27(b)(1)(iv) and 430.27(d).

Issued in Washington, DC, on March 5, 

2004. 

David K. Garman, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy.

BILLING CODE 6450–01–P


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[FR Doc. 04–5361 Filed 3–9–04; 8:45 am] 

BILLING CODE 6450–01–C

DEPARTMENT OF ENERGY

Federal Energy Regulatory 

Commission 

[Docket No. RP04–185–000] 

Florida Gas Transmission Company; 

Notice of Proposed Changes in FERC 

Gas Tariff 

March 2, 2004. 

Take notice that on February 27, 2004, 

Florida Gas Transmission Company 

(FGT) tendered for filing to become part 

of its FERC Gas Tariff, Third Revised 

Volume No. 1, the following tariff 

sheets, effective April 1, 2004:

2nd Revised Sixty-First Revised Sheet No. 8A 

2nd Revised Fifty-Third Revised Sheet No. 

8A.01 

2nd Revised Fifty-Third Revised Sheet No. 

8A.02 

Thirteenth Revised Sheet No. 8A.04 

2nd Revised Fifty-Sixth Revised Sheet No. 8B 

2nd Revised Forty-Ninth Revised Sheet No. 

8B.01 

2nd Revised Sixth Revised Sheet No. 8B.02

FGT states that the tariff sheets listed 

above are being filed pursuant to 

Section 27 of the General Terms and 

Conditions (GTC) of FGT’s Tariff which 

provides for the recovery by FGT of gas 

used in the operation of its system and 

gas lost from the system or otherwise 

unaccounted for. FGT states that the 

fuel reimbursement charges pursuant to 

Section 27 consist of the Fuel 

Reimbursement Charge Percentage 

(FRCP), designed to recover current fuel 

usage on an in-kind basis, and the Unit 

Fuel Surcharge (UFS), designed to 

recover or refund previous under or 

overcollections on a cash basis. FGT 

further states that both the FRCP and the 

UFS are applicable to Market Area 

deliveries and are effective for seasonal 

periods, changing effective each April 1 

(for the Summer Period) and each 

October 1 (for the Winter Period). 

Any person desiring to be heard or to 

protest said filing should file a motion 

to intervene or a protest with the 

Federal Energy Regulatory Commission, 

888 First Street, NE., Washington, DC 

20426, in accordance with § 385.214 or 

§ 385.211 of the Commission’s Rules 

and Regulations. All such motions or 

protests must be filed in accordance 

with § 154.210 of the Commission’s 

Regulations. 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 proceedings. Any person wishing to 

become a party must file a motion to 

intervene. This filing is available for 

review at the Commission in the Public 

Reference Room or may be viewed on 

the Commission’s Web site at http://

www.ferc.gov using the eLibrary. Enter 

the docket number excluding the last 

three digits in the docket number field 

to access the document. For assistance, 

please contact FERC Online Support at 

FERCOnlineSupport@ferc.gov or tollfree at (866) 208–3676, or TTY, contact 

(202) 502–8659. The Commission 

strongly encourages electronic filings. 

See, 18 CFR 385.2001(a)(1)(iii) and the 

instructions on the Commission’s Web 

site under the e-Filing link.

Magalie R. Salas, 

Secretary.

[FR Doc. E4–504 Filed 3–9–04; 8:45 am] 

BILLING CODE 6717–01–P

DEPARTMENT OF ENERGY

Federal Energy Regulatory 

Commission 

[Docket No. EC04–53–001] 

Frederickson Power L.P., Puget Sound 

Energy, Inc.; Notice of Filing 

March 2, 2004. 

Take notice that on February 27, 2004, 

Frederickson Power L.P. (Frederickson) 

and Puget Sound Energy, Inc. (PSE) 

(collectively, Applicants) filed with the 

Federal Energy Regulatory Commission 

their response to the February 12, 2004, 

request for more information by the 

Director of the Division of Tariffs and 

Market Development—West regarding 

the Applicants’ January 14, 2004, 

Section 203 Application seeking 

authorization of a disposition of 

jurisdiction facilities. The disposition 

for which authorization is sought is the 

transfer by Frederickson through sale, 

and the acquisition by PSE through 

purchase, of a 49.85% undivided 

ownership interest in the approximately 

249 MW nominal generating capacity 

Frederickson 1 generating facility 

located near Frederickson, Pierce 

County, Washington. 

Any person desiring to intervene or to 

protest this filing should file with the 

Federal Energy Regulatory Commission, 

888 First Street, NE., Washington, DC 

20426, in accordance with Rules 211 

and 214 of the Commission’s Rules of 

Practice and Procedure (18 CFR 385.211 

and 385.214). 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. All such 

motions or protests should be filed on 

or before the comment date, and, to the 

extent applicable, must be served on the 

applicant and on any other person 

designated on the official service list. 

This filing is available for review at the 

Commission or may be viewed on the 

Commission’s Web site at http://

www.ferc.gov, using the eLibrary 

(FERRIS) link. Enter the docket number 

excluding the last three digits in the 

docket number field to access the 

document. For assistance, please contact 

FERC Online Support at 

FERCOnlineSupport@ferc.gov or tollfree at (866) 208–3676, or for TTY, 

contact (202) 502–8659. Protests and 

interventions may be filed electronically 

via the Internet in lieu of paper; see 18 

CFR 385.2001(a)(1)(iii) and the 

instructions on the Commission’s web 

site under the ‘‘e-Filing’’ link. The 

Commission strongly encourages 

electronic filings. 

Comment Date: March 15, 2004.

Magalie R. Salas, 

Secretary.

[FR Doc. E4–506 Filed 3–9–04; 8:45 am] 

BILLING CODE 6717–01–P

DEPARTMENT OF ENERGY

Federal Energy Regulatory 

Commission 

[Docket No. RP97–255–062] 

TransColorado Gas Transmission 

Company; Notice of Compliance Filing 

March 2, 2004. 

Take notice that on February 27, 2004, 

TransColorado Gas Transmission 

Company (TransColorado) tendered for 

filing as part of its FERC Gas Tariff, First 

Revised Volume No. 1, Sixth Revised 

Sheet No. 21, Third Revised Sheet No. 

22 and Original Sheet No. 22.01, to be 

effective March 1, 2004. 

TransColorado states that the filing is 

being made in compliance with the 

Commission’s Letter Order issued 

March 20, 1997, in Docket No. RP97–

255–000. The tendered tariff sheets 

propose to revise TransColorado’s Tariff 

to reflect an amended negotiated-rate 

contract. 

TransColorado states that a copy of 

this filing has been served upon all 

parties to this proceeding, 

TransColorado’s customers, the 

Colorado Public Utilities Commission 

and the New Mexico Public Utilities 

Commission. 

Any person desiring to protest said 

filing should file a protest with the 

Federal Energy Regulatory Commission, 

888 First Street, NE., Washington, DC 


Case No. WH-016 COMMENT 01