### Federal Register 

# I Vol 56. 

### No. 69 

# I Wednesday, April 

### 10. 1991 

# I Notices 

## 14513

Sincerely, · procedures and energy conservation

. · J. Michael Davia. P.E.. standards for waterheaters published 

### in AssistantSecretary, Conservation and the FederalRegister on October 17, 1990 

### RenewableEnergy. (55 FR 42162). Today's notice publishes January 4. 1991 a letter granting an extension ofthe Aasistant Secretary Comervation**~d** compliance date for those Renewable Resource1, manufacturers from,

### April 15. 1991. 

### to UnitJHJStates

### Department 

### of Energy, 1000 October 15, 1991.
i::::enceA venue SW., Washington. Jasued InWashmaton. 

### DC. April 

### a, 1991• Gentlemen: This la a Petition ofWaiver 

## J. Michael 

### Davia. and Application for Interim Waiver AssistantSeCretary, Conservation and 1ubmittedpursuant to Title 10

### CPR. part 

### RenewableEne111Y·
430.27. Waiver Is requested from the furnace 

### Mr. Frank A. Stanonik.
test procedure found InAppendix N to Auociate

### DirectorofTechnicalServices. Subpart B of

### Part 430. Ga 4"

,. u ,,. Ass · 

### t

The current test procedure requires a l.S s •

### .pp11anct1nianu 1

### acturers oc1at on, · minute delay between burner and supply air 

### 1901 North Moore Street. Arlington, VA 22209 blower startup. The SnyderCeneral Dear 

### Mr. Stanonilc The Department of Corporation la requestiJls the uae of80 Energy (DOE) bas received the letter dated seconds instead of 1.5 minutes when testing February l4. l991. 

### from the 

### Cas Appliance

our GUI. GNL GUH. GUA. GDA and PGMA Manufacturers Association (GAMA). GAMA.

## f::!:i~'!'!!!!::U:C~

# • timed on 

### behalfof15 waterheater manufacturers. adjustment of80 seconds. The 

### current requested an extension ofthe effective date procedure does not credit SnyderGeneral for ofthe final rule regarding test procedures and additional energy aavlngs that ara realized energy conservation standarda for water when a aborter blower on time la 

### utilized. heaters publlahed In the 

### Federal Reglataron Teat data for each model aerlea Indicates an October 17, 1990. 55 FR

## mez. The letter average 1'.15 AFUE increase when a 

## eo second atatea that because ofthe time required for timed on delay is 

### used. Copies ofconfidential manufacturers to reconfigure their test teat data

## confinnins these energy savlnp will facilltie1, 

### the length oftime required to be forwarded to you upon request.

. 

### conduct each test and the large number of

SnyderGeneral la confident that this modela to be tested. the manufacturers will petition for Waiver willbe granted, and be unable to complete the teats byApril 

### 15. therefore. requeats an Interim Waiver 

### until 1991. the final 

### rulms la made. Similarwaivers have 

### DOE baa reviewed this Information and beengranted to 

### Evcon. 

### Rheem agreea that the 

### reviaed test procedures Manufacturlns. 

### Carrier, Inter-City Producta, represent a lignificant teat 

### burden that 

### Lennox Industries and theTrane Company.

. - manufacturers cannot

### reaaonably complete 

### Alao, the proposed 

### .ASHRAE 103-88 currently byApril 

### 15. 1991. 

### Furthermore. DOB 

### notea under conaideration by

### DOE contains the that extending the effective date of thia final coverage requested In this Petition for rula 

### will not result In any 

### loas ofenergy Waiver. savlnp since testprocedures provide a

Manufacturers that domestically market standard measurement ofenergy emciency similar producta have been aent a copy oftile and 

### all waterheaters 

### will berequired to meet Petition for Waiver and Application for applicable energy conservation standards. Interim Waiver. Therefore. after reviewing the above, 

### DOE

Best regards, is extending the effective date from April 15, Snyder General Corporation. 1991, to October 15, 1991. for the David B. Schumacher, manufacturers listed In Appendix A ofthis letter. 

### Manager, DevelopmentEngi."1eering. Sincerely, [FR Doc. 91-8444 Filed 4-9-m.; 8:4S am) 

## J. Michael Davia. -.a.ING CODE

..... WI

[Docket No. CAs-R»-79-105)


### Energy 

### Conservation Program 

### for Consumer Products; Extension 

### of Compliance Date 

### for Flnal Rule 

### RegardingTest ProcedurH 

### and Energy Conservation Standards

### for 

### WaterH•ten

AGENCY: Conservation andRenewable Energy Office, Department ofEnergy. SUMMARY: On February 

### 14. 1991, the Gas Appliance Manufacturers Association (GAMA) petitioned 

### the Department of Energy (DOE) onbehalfof

### 15 manufacturers to extend the compliance date ofthe FinalRule regarding test ASsistantSecretary, Conservation and 

### RenewableEnergy. 

### AppendixA
American Appliance 

### Mfa. Corporation 

### Bock Water Heaters Bradford-White Corporation Criapaire Corporation Energy Utilization Systems, Inc. Ford Products Corporation GSW Water Heating Company Ltd. Heat Transfer Products, Inc. Mor-Flo lndustrie1, Inc. Rheem ManufacturlJl8 Company-Water HeaterDiviaion A. O. Smit}J WaterProducts 

### CO. State lnduatrie1, Inc. Therma-StarProducts Group-DEC International Vaughn Manufactur1J18 Company Water Heater lnnovatiODB" [FR l)oc. 91-8453 Filed 4-9-411; 8:45 am)

-.uNG CODE MllM1-ll



### Office of Hearings 

### and Appeals

lauance of Decisions 

### and Orders 

### During the 

### Week of 

### February 4 Through February

.. 

### 1991 /

During the week ofFebruary 

### 4 through February

# a. 1991, the decisions and orders summarized below were issued with respect to appeals and applications for other reliefrued with the Office of Hearings and Appeals ofthe DepartmentofEnergy.Thefollowing
summary also containa a list of submissions that were dismissed by the Office ofHearings and Appeals. 

### Appeal


### RockwellIntemational, 2/4/91:

### LFA0094 Rockwell International filed an Appeal from a partial denial issued to 

### it by the Acting Deputy General Counsel for Litigation (AO) ofthe Department of Energy (DOE) concerning a request for information which 

### it submitted under the 

### Freedom ofInformation 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 ofExemption 

### 5 were without merit. The case was remanded to the AO for an additional search for responsive material


### Refund Applications


### Cornell Construction Co., Inc., 2i4/91: RR272-48 The DOEissued a Decision and Order granting a Motion for Reconsideration rued 

### 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 pre\ioualy unreported purchases ofliquid asphalt. In granting the Motton. 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 ofa Department ofJustice subpoena and, therefore, were inaccessible 

### to Cornell. Accordingly, the Motion for Reconsideration was aranted, and Cornell was awarded a supplementalrefund 

### of$Z,97Z.