50812 Federal Register / Vol. 61, No. 189 / Friday, September 27, 1996 / Notices

D. Short-term Sales or Other

Dispositions of Excess Federal Power To

Purchasers Outside the Pacific

Northwest:

1. Primary Notice: For proposed sales

or other dispositions of excess federal

power to purchasers outside the region

for a period of less than one year, the

annual notification in section III(C)

above will be the primary notification.

2. Additional Notice: As determined

by Bonneville and as warranted in

Bonneville's opinion by system or

market conditions, Bonneville will issue

additional notices of available excess

federal power which will contain the

same type of information as in the

annual notice. Regional customers

interested in purchasing this power will

have 5 days or less, depending upon the

effective delivery date and the duration

of the short-term sale or other

disposition, within which to contact

Bonneville may provide such notices in

its daily prescheduling conferences with

customers.

Issued in Portland, OR on September 19,

1996.

Randall W. Hardy,

Administrator and Chief Executive Officer.

[FR Doc. 96-24807 Filed 9-26-96; 8:45 am]

BILLING CODE 6450-01-P

automobiles) was established pursuant

to the Energy Policy and Conservation

Act, Public Law 94-163, 89 Stat. 917, as

amended (EPCA), which requires DOE

to prescribe standardized test

procedures to measure the energy

Policy on Sales of Excess Federal Power

Outside the Pacific Northwest Region to

Retail Customers

In marketing excess Federal power

outside the Pacific Northwest,

Bonneville does not intend to use its

status as a Federal agency as a basis for

seeking to shield retail sales to nonFederal entities from restrictions, terms

and conditions of State law concerning

access to retail markets. Moreover,

Bonneville intends to defer to State

policies concerning access to retail

markets with respect to any dispositions

of excess Federal power to Federal end

users unless an exception is made by

the Secretary of Energy in a specific

circumstance. Consequently, Bonneville

adopts the following policy:

A. Retail Sales to non-Federal

Customers: Bonneville will not make

direct retail sales of excess Federal

power outside the Pacific Northwest to

non-Federal customers unless'the

purchaser obtains any third-party

transmission or distribution services

needed to effect delivery of such power

to the purchaser. As a matter of law, the

purchaser's acquisition of such

transmission or distribution services

would be subject to any terms and

conditions of service established under

applicable State and Federal law

(including rules and orders thereunder).

B. Dispositions to Federal End Users:

The policy under subsection (a) will

guide dispositions of excess Federal

power to Federal end users outside the

Pacific Northwest unless the Secretary

of Energy determines on a case-by-case

basis that the interests of the United

States otherwise require.

consumption of certain consumer

Office of Energy Efficiency and

Renewable Energy

[Case No. F-086]

Energy Conservation Program for

Consumer Products: Decision and

Order Granting a Waiver From the

Furnace Test Procedure to Bard

Manufacturing Company

AGENCY : Office of Energy Efficiency and

Renewable Energy, Department of

Energy.

ACTION : Decision and order.

SUMMARY : Notice is given of the

Decision and Order (Case No. F-086)

granting a Waiver to Bard

Manufacturing Company (Bard) from

the existing Department of Energy (DOE

or Department) test procedure for

furnaces. The Department is granting

Bard's Petition for Waiver regarding

blower time delay in calculation of

Annual Fuel Utilization Efficiency

(AFUE) for its TU and TDU series

furnaces.

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 20585-0121, (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 20585-0103,

(202) 586-9507.

SUPPLEMENTARY INFORMATION: In

accordance with 10 CFR 430.27(j),

notice is hereby given of the issuance of

the Decision and Order as set out below.

In the Decision and Order, Bard has

been granted a Waiver for its TU and

TDH series furnaces permitting the

company to use an alternate test method

in determining AFUE.

Issued in Washington, DC, on September

19, 1996.

Christine A. Ervin,

Assistant Secretary, Energy Efficiency and

Renewable Energy.

Decision and Order

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 to create a waiver process.

45 FR 64108, September 26, 1980.

Thereafter, DOE further amended its

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

prescribed test procedures. 51 FR 42823,

November 26, 1986.

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 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.

Bard filed a "Petition for Waiver,"

dated April 4, 1996, in accordance with

section 430.27 of 10 CFR Part 430. The

Department published in the Federal

Register on June 25, 1996, Bard's

Petition and solicited comments, data

and information respecting the Petition.

61 FR 32790, June 25, 1996. Bard also

filed an "Application for Interim

Waiver" under section 430.27 (b) (2),

which DOE granted on June 13, 1996. 61

FR 32790, June 25, 1996.

No comments were received

concerning either the "Petition for

Waiver" or the "Application for Interim

Waiver." The Department consulted

with The Federal Trade Commission

(FTC) concerning the Bard Petition. The

FTC did not have any objections to the

issuance of the waiver to Bard.

Background Assertions and Determinations

The Energy Conservation Program for Bard's Petition seeks a waiver from

Consumer Products (other than the DOE test provisions that require a

 CAS-RM-79-104 COMMENT 151
Federal Register / Vol. 61, No. 189 / Friday, September 27, 1996 / Notices

1.5-minute time delay between the

ignition of the burner and the starting of

the circulating air blower. Bard requests

the allowance to test using a 30-second

blower time delay when testing its TU

and TDH series furnaces. Bard states

that since the 30-second delay is

indicative of how these models actually

operate, and since such a delay results

in an improvement in AFUE of an

average 0.4 to 0.6 percent, the Petition

should be granted.

Under specific circumstances, the

DOE test procedure contains exceptions

which allow testing with blower delay

times of less than the prescribed 1.5-

minute delay. Bard indicates that it is

unable to take advantage of any of these

exceptions for its TU and TDH series

furnaces.

Since the blower controls

incorporated on the Bard furnaces are

designed to impose a 30-second blower

delay in every instance of start up, and

since the current test procedure

provisions do not specifically address

this type of control, DOE agrees that a

waiver should be granted to allow the

30-second blower time delay when

testing the Bard TU and TDH series

furnaces. Accordingly, with regard to

testing the TU and TDH series furnaces,

today's Decision and Order exempts

Bard from the existing test procedure

provisions regarding blower controls

and allows testing with the 30-second

delay.

It is, therefore, ordered that:

(1) The "Petition for Waiver" filed by

Bard Manufacturing Company (Case No.

F-086) is hereby granted as set forth in

paragraph (2) below, subject to the

provisions of paragraphs (3), (4), and (5).

(2) Notwithstanding any contrary

provisions of Appendix N of 10 CFR

Part 430, Subpart B, Bard Manufacturing

Company, shall be permitted to test its

TU and TDH series furnaces on the basis

of the test procedure specified in 10

CFR Part 430, with modifications set

forth below:

(i) Section 3.0 of 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 Standard

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 to

Appendix N as follows:

3.10 Gas- and Oil-Fueled Central

Furnaces. The following paragraph is in

lieu of the requirement specified in

section 9.3.1 of ANSI/ASHRAE

Standard 103-82. 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 circulating 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 stopwatch.

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 onperiod draft.

(iii) With the exception of the

modifications set forth above, Bard

Manufacturing Company shall comply

in all respects with the test procedures

specified in Appendix N of 10 CFR Part

430, Subpart B.

(3) The Waiver shall remain in effect

from the date of issuance of this Order

until DOE prescribes final test

procedures appropriate to the TU and

TDH series furnaces manufactured by

Bard Manufacturing Company.

(4) This Waiver is based upon the

presumed validity of statements,

allegations, and documentary materials

submitted by the petitioner. This Waiver

may be revoked or modified at any time

upon a determination that the factual

basis underlying the Petition is

incorrect.

(5) Effective September 19, 1996, this

Waiver supersedes the Interim Waiver

granted Bard Manufacturing Company

on June 13, 1996. 61 FR 32790, June 25,

1996 (Case No. F-086).

Issued In Washington, DC, on September

19, 1996.

Christine A. Ervin,

Assistant Secretary, Energy Efficiency and

Renewable Energy.

[FR Doc. 96-24809 Filed 9-26-96; 8:45 am]

BILLING CODE 6450-01-P

50813

Energy Conservation Program for

Consumer Products: Granting of the

Application for Interim Waiver and

Publishing of the Petition for Waiver of

Rheem Manufacturing Company from

the DOE Furnace Test Procedure.

(Case No. F-087)

AGENCY : Office of Energy Efficiency and

Renewable Energy, Department of

Energy.

ACTION : Notice.

SUMMARY: Today's notice grants an

Interim Waiver to Rheem Manufacturing

Company (Rheem) from the existing

Department of Energy (DOE or

Department) test procedure regarding

blower time delay for the company's

GLH downflow and GPH upflow/

horizontal series furnaces.

Today's notice also publishes a

"Petition for Waiver" from Rheem.

Rheem's Petition for Waiver requests

DOE to grant relief from the DOE

furnace test procedure relating to the

blower time delay specification. Rheem

seeks to test using a blower delay time

of 12 seconds for its GLH downflow and

GPH upflow/horizontal series furnaces

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.

DATES : DOE will accept comments, data,

and information not later than October

28, 1996.

ADDRESSES : Written comments and

statements shall be sent to: Department

of Energy, Office of Codes and

Standards, Case No. F-087, Mail Stop

EE-43, Room 1J-018, Forestall Building,

1000 Independence Avenue, SW.,

Washington, D.C. 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, Forestall Building, 1000

Independence Avenue, SW.,

Washington, D.C. 20585-0121, (202)

586-9138.

Eugene Margolis, Esq., U.S. Department

of Energy, Office of General Counsel,

Mail Station GC-72, Forestall

Building, 1000 Independence Avenue,

SW., Washington, D.C. 20585-0103,

(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, as amended (EPCA), which requires

DOE to prescribe standardized test

 CAS-RM-79-104 COMMENT 151