4274 Federal Register / Vol. 62, No. 19 / Wednesday, January 29, 1997 / Notices

Adrian Public Library, 143 East Maumee

Street, Adrian, Michigan 49221.

FOR FURTHER INFORMATION CONTACT:

William E. Murphie, Acting Director,

Office of Eastern Area Programs, Office

of Environmental Restoration (EM-42),

U.S. Department of Energy 19901

Germantown Road (Cloverleaf

Building), Germantown, Maryland

20874-1290, (301) 903-2328, Fax: (301)

903-2385.

SUPPLEMENTARY INFORMATION: The

Department of Energy (DOE), Office of

Environmental Management, has

conducted remedial action at the

General Motors site, formerly the

Bridgeport Brass Specialty Metals Plant,

under the Formerly Utilized Sites

Remedial Action Program (FUSRAP).

The objective of the program is to

identify and remediate or otherwise

control sites where residual radioactive

contamination remains from activities

carried out under contract to the

Manhattan Engineer District/Atomic

Energy Commission (MED/AEC) during

the early years of the nation's atomic

energy program. During the 1950s, the

Bridgeport Brass Company operated a

Special Metals Extrusion Plant at the

site in Adrian, Michigan, under contract

AT-(30-1)-1405 with the AEC. The plant

was operated to extrude uranium metal,

which was used to make reactor fuel

elements for AEC nuclear reactors at the

Hanford site in Washington and the

Savannah River site in South Carolina.

In July 1988, the former Bridgeport

Brass Specialty Metals Plant, now called

the General Motors site, was designated

for cleanup under FUSRAP.

At the completion of work by the

Bridgeport Brass Company, one large

extrusion press was shipped to Reactive

Metals, Inc., in Ashtabula, Ohio, and

put into operation there. All other

equipment was dismantled and

scrapped; its final disposition is

unknown. The Adrian, Michigan, plant

was eventually sold to Martin Marietta

in the early 1960s and then to General

Motors, Inland Fisher Guide Division, in

1974. No records exist from 1961 until

1976 to document residual radioactive

contamination levels on the floor, walls,

fixtures, and structural members of the

building or the interim decontamination

efforts performed. However, in

subsequent surveys, residual uranium

contamination in excess of applicable

standards was found, and further

cleanup of the site was determined to be

warranted. DOE conducted remedial

action at the site from April to July

1995.

Post-remedial action surveys have

demonstrated, and DOE has certified,

that the subject property is in

compliance with the Department's

radiological decontamination criteria

and standards. The standards are

established to protect members of the

general public and occupants of the

property and to ensure that future use

of the property will result in no

radiological exposure above applicable

guidelines. These findings are

supported by the Department's

"Certification Docket for the Remedial

Action Performed at the General Motors

Site, Adrian, Michigan." Accordingly,

this property is released from FUSRAP.

The certification docket will be

available for review between 9:00 a.m.-

4:00 p.m., Monday through Friday

(except Federal holidays) in the

Department's Public Reading Room

located in Room 1E-190 of the Forrestal

Building, 1000 Independence Avenue,

S.W., Washington, D.C. 20585. Copies of

the certification docket will also be

available in the DOE Public Document

Room, U.S. Department of Energy, Oak

Ridge Operations Office, Oak Ridge,

Tennessee, 37831 and at the Adrian

Public Library, 143 East Maumee Street,

Adrian, Michigan, 49221.

DOE, through the Oak Ridge

Operations Office, Former Sites

Restoration Division, has issued the

following statement:

Statement of Certification: General

Motors Site in Adrian, Michigan

The Department of Energy (DOE), Oak

Ridge Operations Office, Former Sites

Restoration Division, has reviewed and

analyzed the radiological data obtained

following remedial action at the General

Motors site (Property XAO-100-0152-

00, Liber 788, Page 688 in the records

of the County of Lenawee). Based on

analysis of all data collected, including

post-remedial action surveys, DOE

certifies that any residual contamination

which remains onsite falls within

current guidelines for use without

radiological restrictions. This

certification of compliance provides

assurance that reasonably foreseeable

future use of the property will result in

no radiological exposure above current

radiological guidelines established to

protect members of the general public as

well as occupants of the site.

Property owned by: General Motors,

Inland Fisher Guide Division, 1450

Beecher Street, Adrian, Michigan.

Issued in Washington, D.C. on January 17,

1997.

James J. Fiore,

Acting Deputy Assistant Secretary for

Environmental Restoration.

[FR DOC. 97-2172 Filed 1-28-97; 8:45 am]

BILLING CODE 6450-01-P.

Office of Energy Efficiency and

Renewable Energy

Energy Conservation Program for

Consumer Products : Granting of the

Application for Interim Waiver and

Publishing of the Petition for Waiver of

Hunter Energy and Technology Inc.

From the DOE Vented Home Heating

Equipment Test Procedure (Case No.

DH-009)

AGENCY: Office of Energy Efficiency and

Renewable Energy, Department of

Energy.

ACTION: Notice.

SUMMARY : Today's notice grants an

Interim Waiver to Hunter Energy and

Technology Inc. (Hunter) from the

Department of Energy (DOE or

Department) test procedure for vented

home heating equipment. The Interim

Waiver concerns pilot light energy

consumption for Hunter's models

F125H, HDS2000, HDV30E, HDV2500,

PW20, PW35, PW50, HFI30, HFS40,

HWF15, and HWF30 vented heaters.

Today's notice also publishes a

"Petition for Waiver" from Hunter.

Hunter's Petition for Waiver requests

DOE to grant relief from the DOE vented

home heating equipment test procedure

relating to the use of pilot light energy

consumption in calculating the Annual

Fuel Utilization Efficiency (AFUE).

Specifically, Hunter seeks to delete the

required pilot light measurement (Q,,) in

the calculation of AFUE when the pilot

is off. The Department solicits

comments, data, and information

respecting the Petition for Waiver.

DATES : DOE will accept comments, data,

and information not later than February

28, 1997.

ADDRESSES : Written comments and

statements shall be sent to: Department

of Energy, Office of Energy Efficiency

and Renewable Energy, Case No. DH009, Mail Stop EE-43, Room 1J-018,

Forrestal Building, 1000 Independence

Avenue, SW., Washington, DC 20585-

0121, (202) 586-7140.

FOR FURTHER INFORMATION CONTACT:

William W. Hui, U.S. Department of

Energy, Office of Energy Efficiency

and Renewable Energy, Mail Stop EE43, Forrestal Building, 1000

Independence Avenue, SW,

Washington, DC 20585-0121, (202)

586-9145; or

Eugene Margolis, Esq., U.S. Department

of Energy, Office of General Counsel,

Mail Stop GC-72, Forrestal Building,

1000 Independence Avenue, SW,

Washington, DC 20585-0103, (202)

586-9507.

SUPPLEMENTARY INFORMATION: The

Energy Conservation Program for

 CAS-RM-79-104 COMMENT 158
Federal Register / Vol. 62, No. 19 / Wednesday, January 29, 1997 / Notices

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 vented home

heating equipment. The intent of the

test procedures is to provide a

comparable measure of energy

consumption that will assist consumers

in making informed 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 § 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,

§ 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 amendments to

the test procedures resolve 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 if 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,

§ 430.27 (g). An Interim Waiver remains

in effect for a period of 180 days, or

until DOE issues a determination on the

Petition for Waiver , whichever is

sooner, and may be extended for an

additional 180 days, if necessary.

On October 22, 1996, Hunter filed an

Application for Interim Waiver and a

Petition for Waiver regarding pilot light

energy consumption.

Hunter seeks an Interim Waiver of the

DOE test provisions in section 3.5 of

Title 10 CFR Part 430 , Subpart B,

Appendix 0, which requires

measurement of energy input rate of the

pilot light (Qp), and in section 4.2.6,

which requires the use of this data for

the calculation of AFUE, where:

AFUE = [4400r)ss1laQia-max I

/ [4400r)ssQin-max+2.5 (4600)ii uQ,,]

instead, Hunter requests that, in

essence, it be allowed to delete QP and

accordingly, the [2.5(4600)x)„ Qp] term in

the calculation of AFUE. Hunter states

that instructions to turn off the transient

pilot by the user when the heater is not

in use are in the User Instruction

Manual and on a label adjacent to the

gas control valve. Since the current DOE

test procedure does not address pilot

light energy savings, and since others

have received the same waiver under

the same circumstances, Hunter asks

that the Interim Waiver be granted.

Previous Petitions for Waiver to

exclude the pilot light energy input term

in the calculation of AFUE for vented

heaters with a manual transient pilot

control have been granted by DOE to

Appalachian Stove and Fabricators, Inc.,

56 FR 51711, October 15, 1991; Valor

Incorporated, 56 FR 51714, October 15,

1991; CFM International Inc., 61 FR

17287, April 19, 1996; Vermont

Castings, Inc., 61 FR 17290, April 19,

1996; Superior Fireplace Company, 61

FR 17885, April 23, 1996; Vermont

Castings, Inc., 61 FR 57857, November

8, 1996; and HEAT-N-GLO Fireplace

Products, Inc., 61 FR 64519, December

5, 1996.

Thus, it appears likely that Hunter's

Petition for Waiver concerning pilot

light energy consumption for vented

heaters 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 Hunter an Interim Waiver for

its model F125H, HDS2000, HDV30E,

HDV2500, PW20, PW35, PW50, HFI30,

HFS40, HWF15, and HWF30 vented

heaters. Hunter shall be permitted to

test these models of its vented heaters

on the basis of the test procedures

specified in Title 10 CFR Part 430,

Subpart B, Appendix 0, with the

following modifications:

(i) Delete paragraph 3.5 of Appendix

0.

(ii) Delete paragraph 4.2.6 of

Appendix 0 and replace with the

following paragraph:

4.2.6 Annual Fuel Utilization

Efficiency. For manually controlled

4275

vented heaters, calculate the Annual

Fuel Utilization Efficiency (AFUE) as a

percent and defined as:

AFUE=r1„

Where:

TI,,=as defined in section 4.2.5 of this

appendix.

(iii) With the exception of the

modification set forth above, Hunter

shall comply in all respects with the

procedures specified in Appendix 0 of

Title 10 CFR Part 430, Subpart B.

This Interim Waiver is based upon the

presumed validity of all statements and

allegations submitted by the company.

This Interim Waiver may be revoked or

modified at any time upon a

determination that the factual basis

underlying the Application is incorrect.

This Interim Waiver is effective on the

date of issuance by the Assistant

Secretary for the Office of Energy

Efficiency and Renewable Energy. 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.

Hunter's Petition for Waiver requests

DOE to grant relief from the portion of

DOE test procedure for vented home

heating equipment that relates to

measurement of energy consumption by

the pilot light. Specifically, Hunter

seeks to exclude the pilot light energy

consumption from the calculation of

AFUE. Pursuant to paragraph (b) of Title

10 CFR Part 430.27, the Department 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, January 22,

1997.

Christine A. Ervin,

Assistant Secretary, Energy Efficiency and

Renewable Energy.

October 22, 1996.

Christine A. Ervin,

Assistant Secretary of Energy Efficiency and

Renewable Energy, United States

Department of Energy, Forrestal

Building, 1000 Independence Avenue,

S. W, Washington, D. C. 20585

Subject: Petition for Waiver to Title 10, Code

of Federal Regulations 430.27

Dear Secretary Ervin, Please accept this

letter as a Petition for Waiver from the test

procedures outlined in 10 CFR, part 430,

subpart B, Appendix O-Uniform Test

Method for Measuring the Energy

Consumption of Vented Home Heating

Equipment.

There are two sections for which the

waiver is requested. Section 3.5-Pilot Light

Measurement and Section 4.2.6-Annual

Fuel Utilization Efficiency.

 CAS-RM-79-104 COMMENT 158
4276 Federal Register / Vol. 62, No. 19 / Wednesday, January 29, 1997 / Notices

These sections require the measurement of

energy input of the pilot and this

measurement to be included in the

calculation of the AFUE for the appliance.

Hunter is requesting that the pilot energy

consumption be waived from the AFUE

calculation for each of the models listed

below. Each of these models are presently

listed in the GAMA Directory.

-F125H

-HDS2000

-HDV30E

-HDV2500

-PW20

-PW35

-PW50

-HF130

-HFS40

-HWF15

-HWF30

The combination gas control valves that are

used in these appliances can be manually

turned off when the appliance is not in use.

When the gas control knob is in the "OFF"

position, both the pilot and main burner is

off. To operate the appliance, the pilot must

be re-lit and the gas control knob turned to

the "ON" position and both the pilot and

main burner will be in operation.

The Lighting Instructions in the appliance

Instruction Manual and the Lighting

Instructions label affixed to the appliance

will require the user to turn the gas control

knob on the valve to the "OFF" position

when the appliance is not in use.

The U.S. Department of Energy has

previously granted this same waiver to a

number of manufacturers. Hunter requests

that the U.S. Department of Energy grant

Hunter Energy and Technology Inc. this same

waiver.

If you have any questions or require any

additional information regarding the above

subject matter, please contact me anytime at

(705) 325-6111.

Sincerely,

Don Leslie,

Design and Development Engineering

Manager.

[FR Doc. 97-2174 Filed 1-28-97; 8:45 am]

BILLING CODE 6450-01-P

Amoco alleges that Natural has been

engaged in a continuous pattern of

undue discrimination and undue

favoritism in favor of its affiliate,

MidCon Gas Services Corporation

(MidCon Gas) in violation of Sections 4,

5, 8, and 10 of the Natural Gas Act

(NGA), 15 U.S.C. §§ 717c, 717d, 717g

and 717i, Sections 311 (a)(1) and (c) of

the Natural Gas Policy Act (NGPA), 15

U.S.C. §§ 3371 (a) (1) and (c), Order No.

636, Order No. 497, Order No. 566 and

the Commission's policies and

principles on which those orders are

based.

Natural's pattern of discriminatory

conduct, Amoco argues, is demonstrated

through several of Natural's actions: (1)

Natural fails to follow its currently

effective tariff procedures for the

awarding of available capacity; (2)

Natural fails to make available

unsubscribed capacity and to post

adequate, timely and usable information

on unsubscribed capacity; (3) Natural

retains for itself absolute discretion in

how it will weigh bid criteria and award

capacity on any given day; (4) Natural

awards capacity to its affiliated

marketer, MidCon Gas, on terms not

made available to nonaffiliated

shippers; (5) Natural periodically uses

an auction procedure-not

contemplated by Natural's Tariff and

not used on a consistent or regular

basis-that ensures that MidCon Gas

can acquire available capacity to the

exclusion of nonaffiliated shippers; (6)

Natural releases MidCon Gas from

capacity commitments on a

discriminatory basis; (7) Natural has

cycled employees to its affiliated gas

marketer and maintained during the

period in which it allocated the vast

majority of its uncommitted firm

capacity to MidCon Gas an entangled

organizational structure that violates

violation of Commission posting

requirements, and why it should not be

ordered to post all available capacity on

its EBB; (4) its systematic and pervasive

undue discrimination and violations of

Order Nos. 497 and 566 should not be

remedied with a Commission order

divorcement whereby MidCon Gas is

precluded from recontracting for firm

capacity on Natural; and (5) it should

not be subject to the maximum civil

penalties of $5,000 per day per violation

for its violations of the NGPA. Amoco

also asks that the Commission require

Natural to demonstrate that its

organizational structure has been in

compliance with the Order Nos. 497 and

566 requirements of the separation of

operating personnel.

Any person desiring to be heard or

protest said Complaint should file a

motion to intervene or protest with the

Federal Energy Regulatory Commission,

888 First Street NE., Washington, DC

20426, in accordance with section

385.214 and 385.211 of the

Commission's Rules of Practice and

Procedure. All such motions or protests

must be filed on or before February 24,

1997. Protests will be considered by the

Commission in determining the

appropriate action to be taken, but will

not serve to make a protestant party to

the proceeding. Any person wishing to

become a party must file a motion to

intervene. Copies of this filing are on

file with the Commission and are

available for public inspection in the

Public Reference Room. Answers to this

complaint are due on or before February

24, 1997.

Lois D. Cashell,

Secretary.

[FR Doc. 97-2118 Filed 1-28-97; 8:45 am]

BILLING CODE 6717-01-M

Order Nos. 497 and 566; (8) Natural

Federal Energy Regulatory

Commission

[Docket No. RP97-232-000]

Amoco Production Company , et al.;

Notice of Complaint

January 23, 1997.

Take notice that on January 17, 1997,

pursuant to Rule 206 of the Rules of

Practice and Procedure of the Federal

Energy Commission, 18 CFR Section

385.206, Amoco Production Company

and Amoco Energy Trading Corporation

(collectively, Amoco) tendered for filing

a Verified Complaint, Request For Show

Cause Order, Request For Interim Relief

And Request For Shortened Answer

Period against Natural Gas Pipeline

Company of America (Natural).

violates numerous of the Commission's

Order Nos. 497 and 566 Standards of

Conduct codified at 18 CFR § 161.3; and

(9) Natural fails to post information on

its transactions with its affiliated

marketer, MidCon Gas as required by

Order Nos. 497 and 566.

In addition, Amoco asks that the

Commission order Natural to show

cause why (1) each of its currently

effective contracts with its affiliate

MidCon Gas should not be terminated

as each is the result of undue

discrimination in violation of Sections 4

and 5 of the NGA and Section 311(a)(1)

of the NGPA; (2) Section 5.1 of its

General Terms and Conditions is not in

violation of the Commission's

regulations, and why Natural should not

be ordered to include specific bid

evaluation criteria; (3) its Tariff is not in

[Docket No. RP97-228-000]

CNG Transmission Corporation ; Notice

of Section 4 Filing

January 23, 1997.

Take notice that on January 15, 1997,

CNG Transmission Corporation (CNG)

tendered for filing pursuant to Section

4 of the Natural Gas Act, a notice of

termination of gathering services which

CNG currently provides on

uncertificated gathering facilities which

are being abandoned in place or sold.

CNG states that no contracts for

transportation service with CNG will be

terminated. CNG asserts that the receipt

meters will be located downstream

where gas will feed CNG's system.

Any person desiring to be heard or to

protest said filing should file a motion

to intervene or protest with the Federal

 CAS-RM-79-104 COMMENT 158