Federal Register / Vol. 61, No. 54 / Tuesday, March 19, 1996 / Notices

lease and management, conservation

easement acquisition and management,

habitat restoration and improvements,

installation of water control devices,

riparian fencing, and similar wildlife

conservation actions.

Location: The Vancouver Lowlands

Wildlife Mitigation Project is located

along the western border of Clark

County, extending north and west of the

City of Vancouver, Washington. It

consists of approximately 2123 hectares

(5245 acres) of riparian, wetland, and

pasture habitat along the Columbia

River floodplain. The Columbia River

borders the southern and western

boundaries of the project area. Major

riparian and wetland features of the area

include the Columbia River; Vancouver

Lake; Lake River; Buckmire and

Matthew Sloughs; Shillapoo Lakebed;

and Post Office, Round, Green, Curtis,

and Campbell Lakes. Several smaller

wetlands occur throughout the project

area. Land ownership within the project

area includes Washington Department

of Wildlife, Clark County, Port of

Vancouver, Washington Department of

Natural Resources, and several private

landowners.

Process to Date: A Draft

Environmental Assessment was

published in March 1995. Since that

time, it has been determined that the

project area lies within a Cultural

Resource District containing a large

number of identified cultural resource

sites. Therefore, this notice announces

BPA's intention to prepare an EIS to

evaluate and disclose the environmental

effects of funding the proposed wildlife

management strategy.

Alternatives Proposed for

Consideration: Alternatives to be

considered in the Vancouver Lowlands

Wildlife Mitigation EIS would include

alternative management strategies for

improving existing State-owned

properties and/or acquisition lands,

including wildlife habitat management/

improvement, access and/or recreation

management, operation and

maintenance, and cultural resource

management. The EIS would also

consider a No Action alternative, i.e.,

BPA would not fund the acquisition of

land or the improvement of wildlife

habitat within the Vancouver Lowlands

area.

Identification of Environmental

Issues: The environmental issues

associated with the proposed wildlife

mitigation activities include changes in

land use, vegetation patterns, wildlife

populations, and water use and quality.

Additional environmental issues

concern protection of historic and

cultural resources, recreational

opportunities, and introduction of

herbicides into the environment.

Maps and further information are

available from BPA at the address

above.

Issued in Portland, Oregon, on March 7,

1996.

Randall W. Hardy,

Administrator and Chief Executive Officer.

[FR Doc. 96-6575 Filed 3-18-96; 8:45 am]

BILLING CODE 6540-01-P

Office of Energy Efficiency and

Renewable Energy

[Case No. F-085]

Energy Conservation Program for

Consumer Products: Granting of the

Application for Interim Waiver and

Publishing of the Petition for Waiver of

Inter-City Products Corporation From

the DOE Furnace Test Procedure

AGENCY: Office of Energy Efficiency and

Renewable Energy, Department of

Energy.

ACTION : Notice.

SUMMARY: Today's notice grants an

Interim Waiver to Inter-City Products

Corporation (Inter-City) from the

existing Department of Energy (DOE or

Department) test procedure regarding

blower time delay for the company's

NUGM, NUG9, NCGM, GUK, GUM and

GCK series furnaces.

Today's notice also publishes a

"Petition for Waiver" from Inter-City.

Inter-City's Petition for Waiver requests

DOE to grant relief from the DOE

furnace test procedure relating to the

blower time delay specification. InterCity seeks to test using a blower delay

time of 30 seconds for its NUGM, NUG9,

NCGM, GUK, GUM and GCK 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.

DATE: DOE will accept comments, data,

and information not later than April 18,

1996.

ADDRESSES : Written comments and

statements shall be sent to: Department

of Energy, Office of Codes and

Standards, Case No. F-085, Mail Stop

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

1000 Independence Avenue, SW.,

Washington, DC 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.,

11199

Washington, DC 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, DC 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

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 Title 10 CFR

Part 430, Subpart B.

The Department amended the test

procedure rules to provide for a waiver

process by adding Section 430.27 to

Title 10 CFR Part 430. 45 FR 64108,

September 26, 1980. Subsequently, DOE

amended the 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. Title 10 CFR

Part 430, Section 430.27(a)(2).

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.

An Interim Waiver will be granted if

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 Petition

for Waiver. Title 10 CFR Part 430,

Section 430.27 (g). An Interim Waiver

remains in effect for a period of 180

 CAS-RM-79-104 COMMENT 141
11200 Federal Register / Vol. 61, No. 54 / Tuesday, March 19, 1996 / Notices

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 January 8, 1996, Inter-City filed an

Application for Interim Waiver and a

Petition for Waiver regarding blower

time delay. Inter-City's Application

seeks an Interim Waiver from the DOE

test provisions that require a 1.5-minute

time delay between the ignition of the

burner and starting of the circulating air

blower. Instead, Inter-City requests the

allowance to test using a 30-second

blower time delay when testing its

NUGM, NUG9, NCGM, GUK, GUM and

GCK series furnaces. Inter-City states

that the 30-second delay is indicative of

how these furnaces actually operate.

Such a delay results in an improvement

in AFUE of an average 0.4 to 0.6

percent. Since current DOE test

procedures do not address this variable

blower time delay, Inter-City asks that

the Interim Waiver be granted.

The Department has published a

Notice of Proposed Rulemaking on

August 23, 1993, (58 FR 44583) to

amend the furnace test procedure,

which addresses the above issue.

Previous Petitions for Waiver for this

type of time blower delay control have

been granted by DOE to Coleman

Company, 50 FR 2710, January 18, 1985;

Magic Chef Company, 50 FR 41553,

October 11, 1985; Rheem Manufacturing

Company, 53 FR 48574, December 1,

1988, 56 FR 2920, January 25, 1991, 57

FR 10166, March 24, 1992, 57 FR 34560,

August 5, 1992; 59 FR 30577, June 14,

1994, and 59 FR 55470, November 7,

1994; Trane Company, 54 FR 19226,

May 4, 1989, 56 FR 6021, February 14,

1991, 57 FR 10167, March 24, 1992, 57

FR 22222, May 27, 1992, 58 FR 68138,

December 23, 1993, and 60 FR 62835,

December 7, 1995; Lennox Industries,

55 FR 50224, December 5, 1990, 57 FR

49700, November 3, 1992, 58 FR 68136,

December 23, 1993, and 58 FR 68137,

December 23, 1993; Inter-City Products

Corporation, 55 FR 51487, December 14,

1990, and 56 FR 63945, December 6,

1991; DMO Industries, 56 FR 4622,

February 5, 1991, and 59 FR 30579, June

14, 1994; Heil-Quaker Corporation, 56

FR 6019, February 14, 1991; Carrier

Corporation, 56 FR 6018, February 14,

1991, 57 FR 38830, August 27, 1992, 58

FR 68131, December 23, 1993, 58 FR

68133, December 23, 1993, 59 FR 14394,

March 28, 1994, and 60 FR 62832,

December 7, 1995; Amana Refrigeration

Inc., 56 FR 27958, June 18, 1991, 56 FR

63940, December 6, 1991, 57 FR 23392,

June 3, 1992, and 58 FR 68130,

December 23, 1993; Snyder General

Corporation, 56 FR 54960, September 9,

1991; Goodman Manufacturing

Corporation, 56 FR 51713, October 15,

1991, 57 FR 27970, June 23, 1992 and

59 FR 12586, March 17, 1994; The

Ducane Company Inc., 56 FR 63943,

December 6, 1991, 57 FR 10163, March

24, 1992, and 58 FR 68134, December

23, 1993; Armstrong Air Conditioning,

Inc., 57 FR 899, January 9, 1992, 57 FR

10160, March 24, 1992, 57 FR 10161,

March 24, 1992, 57 FR 39193, August

28, 1992, 57 FR 54230, November 17,

1992, and 59 FR 30575, June 14, 1994;

Thermo Products, Inc., 57 FR 903,

January 9, 1992; Consolidated Industries

Corporation, 57 FR 22220, May 27,

1992; Evcon Industries, Inc., 57 FR

47847, October 20, 1992, and 59 FR

46968, September 13, 1994; Bard

Manufacturing Company, 57 FR 53733,

November 12, 1992, and 59 FR 30578,

June 14, 1994; and York International

Corporation, 59 FR 46969, September

13, 1994, 60 FR 100, January 3, 1995, 60

FR 62834, December 7, 1995, and 60 FR

62837, December 7, 1995.

Thus, it appears likely that this

Petition for Waiver for blower time

delay will be granted. 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, based on the above, DOE is

granting Inter-City an Interim Waiver for

its NUGM, NUG9, NCGM, GUK, GUM

and GCK series furnaces. Inter-City shall

be permitted to test its NUGM, NUG9,

NCGM, GUK, GUM and GCK series

furnaces on the basis of the test

procedures specified in Title 10 CFR

Part 430, Subpart B, 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/ASHRAE 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

employs 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

oil-fueled furnaces, maintain the draft in

the flue pipe within ±0.01 inch of water

column 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 removed 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.

Inter-City's Petition for Waiver

requests DOE to grant relief from the

DOE furnace test procedure relating to

the blower time delay specification.

Inter-City seeks to test using a blower

delay time of 30 seconds for its NUGM,

NUG9, NCGM, GUK, GUM and GCK

series furnaces instead of the specified

1.5-minute delay between burner ontime and blower on-time. Pursuant to

paragraph (b) of Title 10 CFR Part

430.27, DOE is hereby publishing the

"Petition for Waiver" in its entirety. The

Petition contains no confidential

information. The Department solicits

comments, data, and information

respecting the Petition.

Issued in Washington, DC March 7, 1996.

Christine A. Ervin,

Assistant Secretary, Energy Efficiency and

Renewable Energy.

January 8, 1995.

Ms. Christine A. Ervin

Assistant Secretary for Conservation and

Renewable Energy

U.S. Department of Energy

Forrestal Building

1000 Independence Ave. SW.

Washington, DC 20585

Subject: Petition For Waiver and Application

for Interim Waiver

 CAS-RM-79-104 COMMENT 141
Federal Register / Vol. 61, No. 54 / Tuesday, March 19, 1996 / Notices

Dear Assistant Secretary: Petition for

waiver and application for interim waiver is

requested pursuant to 10 CFR Part 430.27.

Waiver is requested from the test

procedures for measuring the energy

consumption of furnaces which are found in

Appendix N of Subpart B of 10 CFR Part 430.

Presently this section requires a 1.5 minute

delay between burner ignition and start of the

circulating blower.

Inter-City Products Corporation (USA) is

requesting to use 30 seconds delay instead of

the present 1.5 minutes. Furnace Series

NUGM, NUG9, NCGM, GUK, GUM and GCK

use an electronic timed blower control delay

set at 30 seconds. Test results show an

average .4 to .6 percent improvement in the

AFUE.

We are confident that this interim and final

waiver will be issued since this request is

similar to our previous waivers issued at 55

FR 51487 and 56 FR 63945.

Please contact if you have any questions or

need any additional information.

Thanks,

Gary K. Strebe,

Sr. Codes Administration Engineer.

[FR Doc. 96-6568 Filed 3-18-96; 8:45 am]

BILLING CODE 6450-01-P

[Case No. CW-003]

Energy Conservation Program for

Consumer Products : Decision and

Order Granting a Waiver From the

Clothes Washer Test Procedure to

Miele Appliance Inc.

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. CW-003]

granting a Waiver to Miele Appliance

Inc. (Miele) from the existing

Department of Energy (DOE or

Department) test procedure for clothes

washers. The Department is granting

Miele a Waiver from the Department's

test procedures for the company's

clothes washer models W1903, W1918,

and W1930.

FOR FURTHER INFORMATION CONTACT:

P. Marc LaFrance, 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)

586-8423.

Eugene Margolis, Esq., U.S. Department

of Energy, Office of General Counsel,

Mail Station GC-72, Forrestal

Building, 1000 Independence Avenue,

SW, Washington, DC 20585-0121,

(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 forth

below. In the Decision and Order, Miele

has been granted a Waiver for its clothes

washer models W1903, W1918, and

W1930, with the following design

features that differ from those covered

by the existing clothes washer test

procedure: an internal electrical heater

for heating wash water, a continuously

variable wash water temperature

control, 208/240 volt electrical power

supply, and machine-controlled water

fill capability.

Issued in Washington, DC, March 7, 1996.

Christine A. Ervin,

Assistant Secretary, Energy Efficiency and

Renewable Energy.

Background

The Energy Conservation Program for

Consumer Products (other than

automobiles) was established pursuant

to the Energy Policy and Conservation

Act, as amended, 42 USC 6291 et seq.,

which requires DOE to prescribe

standardized test procedures to measure

the energy consumption of certain

consumer products, including clothes

washers. 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 26, 1980, creating the waiver

process. (45 FR 64108). The waiver

process allows the Assistant Secretary to

temporarily waive the 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.

In accordance with § 430.27 of 10 CFR

Part 430, Miele filed a Petition for

Waiver and an Application for Interim

Waiver on June 2, 1995, regarding its

clothes washer models W 1903, W 1918,

and W1930, with the following design

features that differ from those covered

by the existing clothes washer test

procedure: an internal electrical heater

for heating wash water, a continuously

variable wash water temperature

11201

control, a 208/240 volt electrical power

supply, and a machine-controlled water

fill capability. On August 10, 1995,

Miele was granted an Interim Waiver,

and on August 16, 1995, Miele's Petition

for Waiver was published in the Federal

Register. (60 FR 42553).

Comments were received from the

Whirlpool Corporation (Whirlpool). The

comments received were sent to Miele

for its rebuttal. The Department

consulted with the Federal Trade

Commission (FTC) concerning the Miele

petition. The FTC did not have any

objections to the issuance of a waiver to

Miele.

Assertions and Determinations

Externally Heated Water

Whirlpool commented that two of

Miele's clothes washers have cold and

hot water inlets and that these clothes

washers should be tested with a hot

water supply instead of just a cold water

supply, as granted by the Interim

Waiver, because consumer's will use

external hot water as much as possible

to minimize clothes washer operating

time. Miele stated that it agreed with

Whirlpool in principle, although there

are no equations or usage factors

currently available that can

accommodate a machine that uses both

externally heated water in tandem with

internal heaters. Furthermore, Miele

stated "since the DOE cold water

procedure is more stringent than that

proposed by Whirlpool, the test

procedure [as recommended] in the

Petition for Waiver will not produce

artificially low energy consumption

values." (Miele, letter to DOE dated

October 2, 1995).

The Department agrees with Miele

that testing a water-heating clothes

washer with only a cold water supply

will be a more rigorous test because in

the current test procedure externally

heated water assumes 100 percent

efficiency for the water heater, whereas

in practice no electric resistance heater

is 100 percent efficient. In addition,

while the clothes washer is receiving

the externally heated water from the

water heater, heat will be dissipated

into the thermal mass of the clothes

washer which then will require the

internal heater to maintain the desired

temperature.

The current test procedure requires

nonwater-heating clothes washers to use

externally heated water whose energy

consumption is calculated using a 90 IF

temperature rise. The Interim Waiver

granted to Miele uses cold water and

measures energy consumption based on

specified clothes washer water bath

temperatures. When a hot wash is

 CAS-RM-79-104 COMMENT 141