Federal Register / Vol. 61, No. 77 / Friday, April 19, 1996 / Notices

Agreement). Water Power explains that

the Release Agreement calls for the

release of 630,000 therms per day of

firm deliverability and 22,680,000

therms per day of seasonal capacity to

B.C. Gas Inc. Water Power states that the

Release Agreement provided for an

initial term expiring on April 30, 1996.

The Release Agreement superseded an

earlier agreement dated November 4,

1982, between Water Power and B.C.

Gas Inc.'s predecessor-in-interest,

British Columbia Hydro & Power

Authority.

Water Power proposes to continue the

release of Jackson Prairie deliverability

and capacity to BC Gas Utility Ltd.

through April 30, 2000, and year-to-year

thereafter. Water Power states that the

release would be on the same terms and

conditions as previously approved by

the Commission.

Any person desiring to be heard or to

make any protest with reference to said

application should on or before May 6,

1996, file with the Federal Energy

Regulatory Commission, Washington,

D.C. 20426, a motion to intervene or a

protest in accordance with the

requirements of the Commission's Rules

of Practice and Procedure (18 CFR

385.214 or 385.211) and the Regulations

under the Natural Gas Act (18 CFR

157.10). All protests filed with the

Commission will be considered by it in

determining the appropriate action to be

taken but will not serve to make the

protestants parties to the proceeding.

Any person wishing to become a party

to a proceeding or to participate as a

party in any hearing therein must file a

motion to intervene in accordance with

the Commission's Rules.

Take further notice that, pursuant to

the authority contained in and subject to

the jurisdiction conferred upon the

Federal Energy Regulatory Commission

by Sections 7 and 15 of the Natural Gas

Act and the Commission's Rules of

Practice and Procedure, a hearing will

be held without further notice before the

Commission or its designee on this

application if no motion to intervene is

filed within the time required herein, if

the Commission on its own review of

the matter finds that a grant of the

certificate is required by the public

convenience and necessity. If a motion

for leave to intervene is timely filed, or

if the Commission on its own motion

believes that a formal hearing is

required, further notice of such hearing

will be duly given.

Under the procedure herein provided

for, unless otherwise advised, it will be

unnecessary for Water Power to appear

or be represented at the hearing.

Lois D. Cashell,

Secretary.

[FR Doc. 96-9622 Filed 4-18-96; 8:45 am]

BILLING CODE 6717-01-M

[Projects Nos. 2404 & 2419-Michigan]

Thunder Bay Power Company; Notice

of 10 (j) Meeting

April 15, 1996.

a. Date and Time of Meeting: May 14,

1996 at 9:00 to 4:30.

b. Place: U.S. Fish and Wildlife

Service's offices at 2651 Coolidge Road

East Lansing, Michigan (USFWS

contacts: Burr Fisher at (517) 351-8273

or John Cooper at (517) 351-8286).

c. FERC Contact: Patrick Murphy

(202) 219-2659; Ed Lee (202) 219-2809.

d. Purpose of the Meeting: The

Federal Energy Regulatory Commission,

the Michigan Department of Natural

Resources, and the Department of the

Interior, Fish and Wildlife Service,

intend to have a Section 10 (j)

discussion and negotiation for the

Thunder Bay River Hydro Projects,

FERC Nos. 2404 and 2419.

e. Proposed Agenda:

A. Introduction

Recognition of meeting participants

Teleconference procedures

B. Section 100) issues discussions

C. Section 100) negotiations

D. Issues outside of 10(j) discussion

E. Follow up actions

f. All local, state and Federal agencies,

Indian Tribes, and interested parties, are

hereby invited to attend this meeting as

participants. If you want to participate

by teleconference, please contact Pat

Murphy and Ed Lee at the numbers

listed above no later than May 10, 1996.

Lois D. Cashell,

Secretary.

[FR Doc. 96-9626 Filed 4-18-96; 8:45 am]

BILLING CODE 6717-01-M

Office of Energy Efficiency and

Renewable Energy

[Case No. DH-004]

Energy Conservation Program for

Consumer Products: Decision and

Order Granting a Waiver From the

Vented Home Heating Equipment Test

Procedure to CFM International 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. DH-004)

17287

granting a Waiver to CFM International

Inc. (CFM) from the existing Department

of Energy (DOE or Department) test

procedure for vented home heating

equipment. The Department is granting

CFM's Petition for Waiver regarding

pilot light energy consumption for

manually controlled heaters in the

calculation of Annual Fuel Utilization

Efficiency (AFUE), and calculation

procedure for weighted average steady

state efficiency for manually controlled

heaters with various input rates for its

models DV32, DV34, DV36, DV40,

DVS2, DVS3, HEDV30, HEDV30-1,

FSDV30, FS30, FA20, HE30, HEB30,

FADV20, and HE40 manually controlled

vented heaters.

FOR FURTHER INFORMATION CONTACT:

William W. Hui, 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)

586-9145

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 Title 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, CFM has

been granted a Waiver for its models

DV32, DV34, DV36, DV40, DVS2, DVS3,

HEDV30, HEDV30-1, FSDV30, FS30,

FA20, HE30, HEB30, FADV20, and

HE40 manually controlled vented

heaters, permitting the company to use

an alternate test method in determining

AFUE.

Issued in Washington, D.C., on April 4,

1996.

Christine A. Ervin,

Assistant Secretary, Energy Efficiency and

Renewable Energy.

Decision and Order

In the Matter of. CFM International Inc.

(Case No. DH-004).

Background:

The Energy Conservation Program for

Consumer Products (other than

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

consumption of certain consumer

products, including vented home

heating equipment. The intent of the

test procedures is to provide a

 CAS-RM-79-104 COMMENT 142
17288 Federal Register / Vol. 61, No. 77 / Friday, April 19, 1996 / Notices

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

prescribed test procedures by adding

Title 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.

CFM filed a "Petition for Waiver,"

dated October 2, 1995, and

subsequently, a second letter, dated

October 30, 1995, which amended the

original list of models, in accordance

with section 430.27 of Title 10 CFR Part

430. The Department published in the

Federal Register on December 28, 1995,

CFM's Petition and solicited comments,

data and information respecting the

Petition. 60 FR 67127, December 28,

1995. CFM also filed an "Application

for Interim Waiver" under section

430.27(b) (2), which DOE granted on

December 21, 1995. 60 FR 67127,

December 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

CFM Petition. The FTC did not have any

objections to the issuance of the waiver

to CFM.

Assertions and Determination:

CFM's Petition seeks a waiver from

the DOE test provisions regarding (a)

pilot light energy consumption for

manually controlled heaters in the

calculation of AFUE and (b) calculation

procedure for weighted average steady

state efficiency for manually controlled

heaters with various input rates. The

DOE test provisions in section 3.5 of

Title 10 CFR Part 430, Subpart B,

Appendix 0 requires measurement of

energy input rate to the pilot light (Qp)

with an error no greater than 3 percent

for vented heaters, and use of this data

in section 4.2.6 for the calculation of

AFUE using the formula: AFUE =

[4400rlss11 uQin-max] / [4400iissQi.-mox

+2.5(4600)r1„Q,,]. CFM requests the

allowance to delete the [2.5(4600)rI„ QP]

term in the denominator in the

calculation of AFUE when testing its

models DV32, DV34, DV36, DV40,

DVS2, DVS3, HEDV30, HEDV30-1,

FSDV30, FS30, FA20, HE30, HEB30,

FADV20, and HE40 manually controlled

vented heaters. CFM states that its

models DV32, DV34, DV36, DV40,

DVS2, DVS3, HEDV30, HEDV30-1,

FSDV30, FS30, FA20, HE30, HEB30,

FADV20, and HE40 manually controlled

vented heaters are designed with a

transient pilot which is to be turned off

by the user when the heater is not in

use. The control knob on the

combination gas control in these heaters

has three positions: "OFF," "PILOT"

and "ON". Gas flow to the pilot is

obtained by rotating the control knob

from "OFF" to "PILOT," depressing the

knob, holding in, pressing the piezo

igniter. When the pilot heats a

thermocouple element, sufficient

voltage is supplied to the combination

gas control for the pilot to remain lit

when the knob is released and turned to

the "ON" position. The main burner can

then be ignited by moving an ON/OFF

switch to the "ON" position.

Instructions to instruct users to turn the

gas control knob to the "OFF" position

when the heater is not in use, which

automatically turns off the pilot, are

provided in the User's Instruction

Manual and on a label adjacent to the

gas control knob. If the manufacturer's

instructions are observed by the user,

the pilot light will not be left on. This

will result in a lower energy

consumption, and in turn a higher

efficiency than calculated by the current

DOE test procedure. Since the current

DOE test procedure does not address

this issue, CFM asks that the Waiver be

granted.

Based on DOE's review of how CFM's

models DV32, DV34, DV36, DV40,

DVS2, DVS3, HEDV30, HEDV30-1,

FSDV30, FS30, FA20, HE30, HEB30,

FADV20, and HE40 manually controlled

vented heaters operate and the fact that

if the manufacturer's instructions are

followed, the pilot light will not be left

on, DOE grants CFM a Petition for

Waiver to exclude the assumed pilot

light energy input term in the

calculation of AFUE.

This decision is subject to the

condition that the heaters shall have an

easily read label near the gas control

knob instructing the user to turn the

valve to the off-position when the

heaters are not in use be maintained.

CFM also seeks a Waiver from the

DOE test provisions in section 3.1.1 of

Title 10 CFR Part 430, Subpart B,

Appendix 0 that require steady state

efficiency for manually controlled

heaters with various flow rates to be

determined at a fuel input rate that is

within ±5 percent of 50 percent of the

maximum fuel input rate, and the use of

this data in section 4.2.4 to determine

the weighted average steady state

efficiency in the calculation of AFUE.

CFM states that its manually

controlled heaters utilize a gas control

with a variable pressure regulator

control that allows the user to select

various fuel input rates by varying the

range of pressures of the heaters, and

request that it be allowed to determine

steady state efficiency and weighted

average steady state efficiency in the

calculation of AFUE at a minimum fuel

input rate of no greater than two-thirds

of the maximum fuel input rate instead

of the specified ±5 percent of 50 percent

of the maximum fuel input rate. Also,

previous Petitions for Waiver to exclude

the pilot light energy input term in the

calculation of AFUE for home heating

equipment with a manual transient pilot

control and allowance to determine

steady state efficiency and weighted

average steady state efficiency used in

the calculation of AFUE at a minimum

fuel input rate of 65.3 percent of the

maximum fuel input rate have been

granted by DOE to Appalachian Stove

and Fabricators, Inc., 56 FR 51711,

October 15, 1991, and Valor Inc., 56 FR

51714, October 15, 1991.

Based on DOE having granted similar

waivers in the past to heaters utilizing

a variable pressure regulator control that

allows a user to set various fuel input

rates, DOE agrees that a waiver should

be granted to allow the determination of

steady state efficiency and weighted

average steady state efficiency used in

the calculation of AFUE at a minimum

fuel input rate of no greater than twothirds of the maximum fuel input rate

instead of the specified ±5 percent of 50

percent of the maximum fuel input rate

for CFM models DV32, DV34, DV36,

DV40, DVS2, DVS3, HEDV30, HEDV30-

1, FSDV30, FS30, FA20, HE30, HEB30,

FADV20, and HE40 manually controlled

vented heaters.

It is therefore, ordered that:

(1) The "Petition for Waiver" filed by

CFM International Inc. (Case No. DH-

 CAS-RM-79-104 COMMENT 142
Federal Register / Vol. 61, No. 77 / Friday, April 19, 1996 / Notices

004) 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 0 of Title 10

CFR Part 430, Subpart B, CFM

International Inc. shall be permitted to

test its models DV32, DV34, DV36,

DV40, DVS2, DVS3, HEDV30, HEDV30-

1, FSDV30, FS30, FA20, HE30, HEB30,

FADV20, and HE40 manually controlled

vented heaters on the basis of the test

procedure specified in Title 10 CFR Part

430, with modifications set forth below:

(i) Delete paragraph 3.5 of Appendix

0.

(ii) The last paragraph of 3.1.1 of

Appendix 0 is revised to read as

follows:

3.1.1 (a) For manually controlled gas

fueled vented heaters, with various

input rates determine the steady-state

efficiency at:

(1) A fuel input rate within ± 5

percent of 50 percent of the maximum

fuel input rate or,

(2) The minimum fuel input rate if the

design of the heater is such that ± 5

percent of 50 percent of the maximum

fuel input rate can not be set, provided

this minimum input rate is no greater

than two-thirds of the maximum input

rate of the heater.

(b) If the heater is designed to use a

control that precludes operation at other

than maximum output (single firing

rate) determine the steady state

efficiency at the maximum input rate

only.

(iii) Delete paragraph 4.2.4 of

Appendix 0 and replace with the

following paragraph:

4.2.4 Weighted Average Steady-State

Efficiency. (a) For manually controlled

heaters with various input rates, the

weighted average steady-state efficiency

(1 .-wT) is:

(1) At ±5 percent of 50 percent of the

maximum fuel input rate as measured in

either section 3.1.1 to this appendix for

manually controlled gas vented heaters

or section 3.1.2 to this appendix for

manually controlled oil vented heaters,

or

(2) At the minimum fuel input rate as

measured in either section 3.1.1 to this

appendix for manually controlled gas

vented heaters or section 3.1.2 to this

appendix for manually controlled oil

vented heaters if the design of the heater

is such that ± 5 percent of 50 percent of

the maximum fuel input rate can not be

set, provided the tested input rate is no

greater than two-thirds of maximum

input rate of the heater.

(b) For manually controlled heater

with one single firing rate, the weighted

average steady-state efficiency is the

steady-state efficiency measured at the

single firing rate.

(iv) Delete paragraph 4.2.6 of

Appendix 0 and replace with the

following paragraph:

4.2.6 Annual Fuel Utilization

Efficiency. For manually controlled

vented heaters, calculate the Annual

Fuel Utilization Efficiency (AFUE) as a

percent and defined as:

AFUE = ri«

Where:

71 . as defined in section 4.2.5 of this

appendix.

(v) With the exception of the

modification set forth above, CFM

International Inc. shall comply in all

respects with the test procedures

specified in Appendix 0 of Title 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 models DV32,

DV34, DV36, DV40, DVS2, DVS3,

HEDV30, HEDV30-1, FSDV30, FS30,

FA20, HE30, HEB30, FADV20, and

HE40 manually controlled vented

heaters manufactured by CFM

International Inc.

(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 a factual

basis underlying the Petition is

incorrect.

(5) Effective April 4,1996, this Waiver

supersedes the Interim Waiver granted

CFM International Inc. on December 21,

1995. 60 FR 67127, December 28, 1995.

(Case No. DH-004).

Issued in Washington, D.C., on April 4,

1996.

Christine A. Ervin,

Assistant Secretary, Energy Efficiency and

Renewable Energy.

[FR Doc. 96-9681 Filed 4-18-96; 8:45 am]

BILLING CODE 6450-01-P

[Case No. F-084]

Energy Conservation Program for

Consumer Products : Decision and

Order Granting a Waiver From the

Furnace Test Procedure to Goodman

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-084)

granting a Waiver to Goodman

Manufacturing Company (Goodman)

17289

from the existing Department of Energy

(DOE or Department) test procedure for

furnaces. The Department is granting

Goodman's Petition for Waiver

regarding blower time delay in

calculation of Annual Fuel Utilization

Efficiency (AFUE) for its GSU series

central 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, Goodman

has been granted a Waiver for its GSU

series central furnaces permitting the

company to use an alternate test method

in determining AFUE.

Issued in Washington, DC, on April 4,

1996.

Christine A. Ervin,

Assistant Secretary, Energy Efficiency and

Renewable Energy.

Decision and Order

In the Matter of: Goodman Manufacturing

Company (Case No. F-084).

Background

The Energy Conservation Program for

Consumer Products (other than

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

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

 CAS-RM-79-104 COMMENT 142