62832 Federal Register / Vol. 60, No. 235 / Thursday, December 7, 1995 / Notices

in response to an inquiry from the

Congressional office made at the written

request of that individual; the Member’s

right to the information is no greater

than the right of the individual who

requested it.

POLICIES AND PRACTICES FOR STORING,

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

Records are kept in file folders in

locked file cabinets.

RETRIEVABILITY:

The records are indexed by the names

of the individuals.

SAFEGUARDS:

All physical access to the site where

this system of records is maintained is

controlled and monitored by security

personnel who check each individual

entering the building for his or her

employee badge. Files are kept in locked

file cabinets. Immediate access to these

records is restricted to authorized staff.

RETENTION AND DISPOSAL:

Pending disposal, Debarment and

Suspension records are retained at the

system location. The Department will

retain and dispose of the records in

accordance with General Records

Schedule 22, item 2, which states that

the cut-off date for Debarment and

Suspension records is the end of the

fiscal year in which the case is closed.

The records are destroyed eight years

after the cut-off date.

SYSTEM MANAGER(S) AND ADDRESS:

Director, Grants and Contracts

Service, U.S. Department of Education,

600 Independence Avenue, SW, (Room

3600, GSA Regional Office Building 3,

SW), Washington, DC 20202–0498.

Assistant Inspector General for

Planning, Analysis, and Management

Services, Office of Inspector General,

U.S. Department of Education, 600

Independence Avenue, SW, (Room

4022, Switzer Building, 330 C Street,

SW), Washington, DC 20202–1510.

Director, Compliance and

Enforcement Division, Student

Financial Assistance Programs, Office of

Postsecondary Education, U.S.

Department of Education, 600

Independence Avenue, SW (Room 3919,

GSA Regional Office Building 3, SW),

Washington, DC 20202–0498.

NOTIFICATION PROCEDURE:

If an individual wishes to determine

whether a record exists regarding him or

her in this system of records, the

individual must provide the system

manager his or her name, date of birth

and social security number. Requests for

notification about an individual record

must meet the requirements of the

Department of Education’s Privacy Act

regulations at 34 CFR 5b.5.

RECORD ACCESS PROCEDURES:

If an individual wishes to gain access

to a record in this system, he or she

must contact the system manager and

provide information as described in the

notification procedure. Requests for

access to an individual’s record must

meet the requirements of the

Department of Education’s Privacy Act

regulations at 34 CFR 5b.5. Consistent

with 5 U.S.C. 552a(e)(5), ED retains the

discretion not to disclose records to an

individual during the course of a

debarment or suspension proceeding

against the individual.

CONTESTING RECORD PROCEDURES:

If an individual wishes to change the

content of a record in the system of

records, he or she must contact the

system manager with the information

described in the notification procedure,

identify the specific item(s) to be

changed, and provide a written

justification for the change, including

any supporting documentation.

Requests to amend a record must meet

the requirements of the Department of

Education Privacy Act regulations at 34

CFR 5b.7.

RECORD SOURCE CATEGORIES:

Department employees involved in

the management of grants and contracts,

and other organizations or persons that

may have relevant information

regarding participants and their

principals.

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS

OF THE ACT:

None.

[FR Doc. 95–29856 Filed 12–7 –95; 8:45 am]

BILLING CODE 4000–01–P

DEPARTMENT OF ENERGY

Office of Energy Efficiency and

Renewable Energy

[Case No. F–079]

Energy Conservation Program for

Consumer Products: Decision and

Order Granting a Waiver From the

Furnace Test Procedure to Carrier

Corporation

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–079)

granting a Waiver to Carrier Corporation

(Carrier) from the existing Department

of Energy (DOE) test procedure for

furnaces. The Department is granting

Carrier’s Petition for Waiver regarding

blower time delay in calculation of

Annual Fuel Utilization Efficiency

(AFUE) for its 58UXT/330JAV, 58UHV/

333BAV, 58UXV/333JAV, 58DXT/

331JAV, and 58DNV/334BAV lines of

induced draft 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, (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, (202)

586–9507.

SUPPLEMENTARY INFORMATION: In

accordance with 10 CFR 430.27(g),

notice is hereby given of the issuance of

the Decision and Order as set out below.

In the Decision and Order, Carrier has

been granted a Waiver for its 58UXT/

330JAV, 58UHV/333BAV, 58UXV/

333JAV, 58DXT/331JAV, and 58DNV/

334BAV lines of induced draft furnaces,

permitting the company to use an

alternate test method in determining

AFUE.

Issued in Washington, DC, on November

29, 1995.

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 (EPCA), Public Law 94–163, 89 Stat.

917, as amended by the National Energy

Conservation Policy Act (NECPA),

Public Law 95–619, 92 Stat. 3266, the

National Appliance Energy

Conservation Act of 1987 (NAECA),

Public Law 100–12, the National

Appliance Energy Conservation

Amendments of 1988 (NAECA 1988),

Public Law 100–357, and the Energy

Policy Act of 1992 (EPAct), Public Law

102–486, 106 Stat. 2776, 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
Federal Register / Vol. 60, No. 235 / Thursday, December 7, 1995 / Notices 62833

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.

The Interim Waiver provisions added

by the 1986 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 Petition for

Waiver. 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.

Carrier filed a ‘‘Petition for Waiver,’’

dated June 28, 1995, in accordance with

section 430.27 of 10 CFR Part 430. The

Department published in the Federal

Register on August 23, 1995, Carrier’s

petition and solicited comments, data

and information respecting the petition.

60 FR 43785, August 23, 1995. Carrier

also filed an ‘‘Application for Interim

Waiver’’ under section 430.27(g) which

DOE granted on August 14, 1995. 60 FR

43785, August 23, 1995.

No comments were received

concerning either the ‘‘Petition for

Waiver’’ or the ‘‘Interim Waiver.’’ The

Department consulted with The Federal

Trade Commission (FTC) concerning the

Carrier Petition. The FTC did not have

any objections to the issuance of the

waiver to Carrier.

Assertions and Determinations

Carrier’s Petition seeks a waiver from

the DOE test provisions that require a

1.5-minute time delay between the

ignition of the burner and the starting of

the circulating air blower. Carrier

requests the allowance to test using a

45-second blower time delay when

testing its 58UXT/330JAV, 58UHV/

333BAV, 58UXV/333JAV, 58DXT/

331JAV, and 58DNV/334BAV lines of

induced draft furnaces. Carrier states

that since the 45-second delay is

indicative of how these models actually

operate and since such a delay results

in an overall furnace AFUE

improvement of approximately 0.6

percent point, 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. Carrier indicates that it is

unable to take advantage of any of these

exceptions for its 58UXT/330JAV,

58UHV/333BAV, 58UXV/333JAV,

58DXT/331JAV, and 58DNV/334BAV

lines of induced draft furnaces.

Since the blower controls

incorporated on the Carrier furnaces are

designed to impose a 45-second blower

delay in every instance of start up, and

since the current provisions do not

specifically address this type of control,

DOE agrees that a waiver should be

granted to allow the 45-second blower

time delay when testing the Carrier

58UXT/330JAV, 58UHV/333BAV,

58UXV/333JAV, 58DXT/331JAV, and

58DNV/334BAV lines of induced draft

furnaces. Accordingly, with regard to

testing the 58UXT/330JAV, 58UHV/

333BAV, 58UXV/333JAV, 58DXT/

331JAV, and 58DNV/334BAV lines of

induced draft furnaces, today’s Decision

and Order exempts Carrier from the

existing provisions regarding blower

controls and allows testing with the 45-

second delay.

It is, therefore, ordered that:

(1) The ‘‘Petition for Waiver’’ filed by

Carrier Corporation. (Case No. F–079) 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, Carrier Corporation,

shall be permitted to test its 58UXT/

330JAV, 58UHV/333BAV, 58UXV/

333JAV, 58DXT/331JAV, and 58DNV/

334BAV lines of induced draft 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, Carrier

Corporation 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 58UXT/

330JAV, 58UHV/333BAV, 58UXV/

333JAV, 58DXT/331JAV, and 58DNV/

334BAV lines of induced draft furnaces

manufactured by Carrier Corporation.

(4) This Waiver is based upon the

presumed validity of statements,

allegations, and documentary materials
62834 Federal Register / Vol. 60, No. 235 / Thursday, December 7, 1995 / Notices

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 November 29, 1995, this

Waiver supersedes the Interim Waiver

granted the

Carrier Corporation on August 14,

1995. 60 FR 43785, August 23, 1995

(Case No. F–079).

Issued In Washington, DC, on November

29, 1995.

Christine A. Ervin

Assistant Secretary, Energy Efficiency and

Renewable Energy.

[FR Doc. 95–29715 Filed 12–06–95; 8:45 am]

BILLING CODE 6450–01–P

[Case No. F–078]

Energy Conservation Program for

Consumer Products: Decision and

Order Granting a Waiver From the

Furnace Test Procedure to York

International

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–078)

granting a Waiver to York International

(York) from the existing Department of

Energy (DOE) test procedure for

furnaces. The Department is granting

York’s Petition for Waiver regarding

blower time delay in calculation of

Annual Fuel Utilization Efficiency

(AFUE) for its P2UR and PBLU lines of

condensing 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, (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, (202)

586–9507

SUPPLEMENTARY INFORMATION: In

accordance with 10 CFR 430.27(g),

notice is hereby given of the issuance of

the Decision and Order as set out below.

In the Decision and Order, York has

been granted a Waiver for its P2UR and

PBLU lines of condensing furnaces,

permitting the company to use an

alternate test method in determining

AFUE.

Issued in Washington, DC, on November

29, 1995.

Christine A. Ervin,

Assistant Secretary, Energy Efficiency and

Renewable Energy.

Decision and Order; Department of

Energy, Office of Energy Efficiency and

Renewable Energy

In the Matter of: York International.

[Case No. F–078]

Background

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

Conservation Policy Act (NECPA),

Public Law 95–619, 92 Stat. 3266, the

National Appliance Energy

Conservation Act of 1987 (NAECA),

Public Law 100–12, the National

Appliance Energy Conservation

Amendments of 1988 (NAECA 1988),

Public Law 100–357, and the Energy

Policy Act of 1992 (EPAct), Public Law

102–486, 106 Stat. 2776, 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.

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.

The Interim Waiver provisions added

by the 1986 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 Petition for

Waiver. 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.

York filed a ‘‘Petition for Waiver,’’

dated June 26, 1995, in accordance with

section 430.27 of 10 CFR Part 430. The

Department published in the Federal

Register on August 28,1995, York’s

petition and solicited comments, data

and information respecting the petition.

60 FR 44481, August 28, 1995. York also

filed an ‘‘Application for Interim

Waiver’’ under section 430.27(g) which

DOE granted on August 20, 1995. 60 FR

44481, August 28, 1995.

No comments were received

concerning either the ‘‘Petition for

Waiver’’ or the ‘‘Interim Waiver.’’ The

Department consulted with The Federal

Trade Commission (FTC) concerning the

York Petition. The FTC did not have any

objections to the issuance of the waiver

to York.

Assertions and Determinations

York’s Petition seeks a waiver from

the DOE test provisions that require a

1.5-minute time delay between the

ignition of the burner and the starting of

the circulating air blower. York requests

the allowance to test using a 30-second

blower time delay when testing its

P2UR, and PBLU lines of condensing

furnaces. York states that since the 30-

second delay is indicative of how these

models actually operate and since such

a delay results in an overall furnace

AFUE improvement of approximately

1.5 percent points, 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. York indicates that it is

unable to take advantage of any of these

exceptions for its P2UR and PBLU lines

of condensing furnaces.

Since the blower controls

incorporated on the York furnaces are

designed to impose a 30-second blower