Federal Register / Vol. 62, No. 45 / Friday, March 7, 1997 / Notices

Albuquerque, NM 87185, or by calling

(505) 845-4094.

Issued at Washington, DC, on March 4,

1997.

Rachel M. Samuel,

Acting Deputy Advisory Committee

Management Officer.

[FR Doc. 97-5639 Filed 3-6-97; 8:45 am]

BILLING CODE 6450-01-P

Public Participation

The two-day meeting is open to the

public, with a Public Comment

Availability session scheduled for

Tuesday, March 18, 1997 from 5:00 p.m.

to 6:00 p.m. MST. The Board will be

available during this time period to hear

verbal public comments or to review

any written public comments. If there

are no members of the public wishing to

comment or no written comments to

Environmental Management Site- review, the board will continue with it's

Specific Advisory Board, Idaho current discussion. Written statements

National Engineering Laboratory may be filed with the Committee either

AGENCY: Department of Energy.

ACTION : Notice of open meeting.

SUMMARY : Pursuant to the provisions of

the Federal Advisory Committee Act

(Pub. L. 92-463, 86 Stat. 770) notice is

hereby given of the following Advisory

Committee meeting: Environmental

Management Site-Specific Advisory

Board (EM SSAB), Idaho National

Engineering and Environmental

Laboratory (INEEL).

DATES : Tuesday, March 18, 1997 from

8:00 a.m. to 6:00 p.m. Mountain

Standard Time (MST). Wednesday,

March 19, 1997 from 8:00 a.m. to 5:00

p.m. MST. There will be a public

comment availability session Tuesday,

March 18, 1997 from 5:00 p.m. to 6:00

p.m. MST.

ADDRESSES : Holiday Inn Westbank

(Bannock Room), 475 River Parkway,

Idaho Falls, Idaho 83402, (208) 523-

8000.

FOR FURTHER INFORMATION CONTACT:

INEEL Information (1-800-708-2680) or

Stephanie Meyers, Jason Associates

Corporation Staff Support (1-208-522-

1662).

SUPPLEMENTARY INFORMATION:

Purpose of the Board

The purpose of the Board is to make

recommendations to DOE and its

regulators in the areas of environmental

restoration, waste management, and

related activities.

Tentative Agenda

The EM SSAB, INEEL will be

developing a recommendation on the

INEEL Waste Area Group 3 Remedial

Investigation/Feasibility Study and

beginning studies of the Plutonium

Focus Area, the Mixed Waste Focus

Area, and INEEL privatization activities.

For a most current copy of the agenda,

contact Woody Russell, DOE-Idaho,

(208) 526-0561, or Stephanie Meyers,

Jason Associates, (208) 522-1662. The

final agenda will be available at the

meeting.

before or after the meeting. Individuals

who wish to make oral statements

pertaining to agenda items should

contact the INEEL Information line or

Stephanie Meyers, Jason Associates, at

the addresses or telephone numbers

listed above. Requests must be received

5 days prior to the meeting and

reasonable provision will be made to

include the presentation in the agenda.

The Designated Federal Official is

empowered to conduct the meeting in a

fashion that will facilitate the orderly

conduct of business. Each individual

wishing to make public comment will

be provided a maximum of 5 minutes to

present their comments. This notice is

being published less than 15 days before

the date of the meeting due to

programmatic issues that needed to be

resolved prior to publication.

Minutes

The minutes of this meeting will be

available for public review and copying

at the Freedom of Information Public

Reading Room, 1E-190, Forrestal

Building, 1000 Independence Avenue,

SW., Washington, DC 20585 between

9:00 a.m. and 4 p.m., Monday-Friday,

except Federal holidays.

Issued at Washington, DC on March 4,

1997.

Rachel M. Samuel,

Acting Deputy Advisory Committee

Management Officer.

[FR Doc. 97-5640 Filed 3-6-97; 8:45 am]

BILLING CODE 6450-01-P

Office of Energy Efficiency and

Renewable Energy

[Case No. DH-008]

Energy Conservation Program for

Consumer Products: Decision and

Order Granting a Waiver From the

Vented Home Heating Equipment Test

Procedure to CFM Majestic Inc.

AGENCY : Office of Energy Efficiency and

Renewable Energy, Department of

Energy.

ACTION : Decision and Order.

10547

SUMMARY : Notice is given of the

Decision and Order (Case No. DH-008)

granting a Waiver to CFM Majestic Inc.

(CFM Majestic) from the existing

Department of Energy (DOE or

Department) test procedure for vented

home heating equipment. The

Department is granting CFM Majestic's

Petition for Waiver regarding the use of

pilot light energy consumption in

calculating the Annual Fuel Utilization

Efficiency (AFUE), and the input rate at

which the weighted average steady state

efficiency and AFUE for manually

controlled heaters with various input

rates are calculated for its models A120,

A125, A130, A132, A230, A232, AB132,

D130, D132, D230, D232, D332, D334,

D336, DR333, DR336, DR339, DT336,

DT339, DT343, DVR33, DVR36, DVR39,

DVRS3, DVT36, DVT39, DVT43,

DVTS2, FS22, FS32, FSDV22, FSDV32,

HE25, HE32, HEB32, and HEDV32.

FOR FURTHER INFORMATION CONTACT: Mr.

William W. Hui, U.S. Department of

Energy, Office of Energy Efficiency and

Renewable Energy, Mail Station EE-43,

Forrestal Building, 1000 Independence

Avenue, SW., Washington, DC 20585-

0121, (202) 586-9145; or Mr. Eugene

Margolis, 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

Majestic has been granted a Waiver for

its models A120, A125, A130, A132,

A230, A232, AB132, D130, D132, D230,

D232, D332, D334, D336, DR333,

DR336, DR339, DT336, DT339, DT343,

DVR33, DVR36, DVR39, DVRS3, DVT36,

DVT39, DVT43, DVTS2, FS22, FS32,

FSDV22, FSDV32, HE25, HE32, HEB32,

and HEDV32 manually controlled

vented heaters, permitting the company

to use an alternate test method in

determining AFUE.

Issued in Washington, DC, on March 3,

1997.

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 o£ CFM Majestic Inc.

(Case No. DH-008).

 CAS-RM-79-104 COMMENT 159
10548 Federal Register / Vol. 62, No. 45 / Friday, March 7, 1997 / Notices

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

comparable measure of energy

consumption that will assist consumers

in making purchasing decisions, and

will determine whether a product

complies with the applicable energy

conservation standard. 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 Majestic filed a "Petition for

Waiver," dated October 31, 1996, in

accordance with section 430.27 of Title

10 CFR Part 430. The Department

published in the Federal Register on

January 6, 1997, CFM Majestic's Petition

and solicited comments, data and

information respecting the Petition. 62

FR 742, January 6, 1997. CFM Majestic

also filed an "Application for Interim

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

which DOE granted on December 27,

1996. 62 FR 742, January 6, 1997.

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 Majestic Petition. The FTC does

not have any objections to the issuance

of the waiver to CFM Majestic.

Assertions and Determinations

CFM Majestic's Petition seeks a

waiver from the DOE test provisions

regarding (a) the use of pilot light energy

consumption in calculating the AFUE

and (b) the input rate at which the

weighted average steady state efficiency

and AFUE for manually controlled

heaters with various input rates are

calculated. The DOE test provisions in

section 3.5 of Title 10 CFR Part 430,

Subpart B, Appendix 0 require

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=[440011ssT1.Q a-rax]/

[4400T1ssQj, max+2.5(4600)r1„Qp]. CFM

Majestic requests that, in essence, it be

allowed to delete Qp and, accordingly,

the [2.5(4600)T1uQp] term in the

calculation of AFUE. CFM Majestic

states that its models A120, A125, A130,

A132, A230, A232, AB132, D130, D132,

D230, D232, D332, D334, D336, DR333,

DR336, DR339, DT336, DT339, DT343,

DVR33, DVR36, DVR39, DVRS3, DVT36,

DVT39, DVT43, DVTS2, FS22, FS32,

FSDV22, FSDV32, HE25, HE32, HEB32,

and HEDV32 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. Since the current DOE test

procedure does not address this issue,

and others have received the same

waiver under the same circumstances,

CFM Majestic asks that the Waiver be

granted. Previous Petitions for Waiver

have been granted by DOE to

Appalachian Stove and Fabricators, Inc.,

56 FR 51711, October 15, 1991; Valor

Inc., 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-NGlo Fireplace Products, Inc., 61 FR

64519, December 5, 1996.

Based on DOE's review of how CFM

Majestic's models A120, A125, A130,

A132, A230, A232, A13132, D130, D132,

D230, D232, D332, D334, D336, DR333,

DR336, DR339, DT336, DT339, DT343,

DVR33, DVR36, DVR39, DVRS3, DVT36,

DVT39, DVT43, DVTS2, FS22, FS32,

FSDV22, FSDV32, HE25, HE32, HEB32,

and HEDV32 manually controlled

vented heaters operate and the fact that

the user can turn off the pilot light when

the heater is not in use, DOE grants CFM

Majestic its Petition for Waiver to

exclude the pilot light energy input 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.

CFM Majestic also seeks a Waiver

from the DOE test provisions in section

3.1.1 of Title 10 CFR Part 430, Subpart

B, Appendix 0 which require steady

state efficiency of manually controlled

heaters with various flow rates to be

determined at a fuel input rate of 50

percent 5 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 needed in

the calculation of AFUE.

CFM Majestic states that its manually

controlled heaters utilize a gas control

with a variable pressure regulator that

allows the user to select various fuel

input rates by varying the range of

pressures of the heaters, and requests

that it be allowed to determine 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 50 percent ±5

percent of the maximum fuel input rate.

Also, previous Petitions for Waiver

under the same circumstances have

been granted by DOE to Appalachian

Stove and Fabricators, Inc., 56 FR

51711, October 15, 1991; Valor Inc., 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; and Vermont Castings, Inc., 61

FR 57857, November 8, 1996.

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 for the

determination of the weighted average

 CAS-RM-79-104 COMMENT 159
Federal Register / Vol. 62, No. 45 / Friday, March 7, 1997 / Notices

steady state efficiency used 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 50 percent ± 5 percent

of the maximum fuel input rate for CFM

Majestic models A120, A125, A130,

A132, A230, A232, AB132, D130, D132,

D230, D232, D332, D334, D336, DR333,

DR336, DR339, DT336, DT339, DT343,

DVR33, DVR36, DVR39, DVRS3, DVT36,

DVT39, DVT43, DVTS2, FS22, FS32,

FSDV22, FSDV32, HE25, HE32, HEB32,

and HEDV32 manually controlled

vented heaters.

It is, therefore, ordered that:

(1) The "Petition for Waiver" filed by

CFM Majestic, Inc. (Case No. DH-008) 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 Majestic,

Inc. shall be permitted to test its models

A120, A125, A130, A132, A230, A232,

AB132, D130, D132, D230, D232, D332,

D334, D336, DR333, DR336, DR339,

DT336, DT339, DT343, DVR33, DVR36,

DVR39, DVRS3, DVT36, DVT39, DVT43,

DVTS2, FS22, FS32, FSDV22, FSDV32,

HE25, HE32, HEB32, and HEDV32

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 50 percent

±5 percent of the maximum fuel input

rate or,

(2) The minimum fuel input rate if the

design of the heater is such that 50

percent ±5 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

(ilss-WT) is:

(1) At 50 percent ±5 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 50 percent ±5 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 heaters

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 = rl„

Where Tlu is defined in section 4.2.5 of

this appendix.

(v) With the exception of the

modification set forth above, CFM

Majestic, 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 A120,

A125, A130, A132, A230, A232, AB132,

D130, D132, D230, D232, D332, D334,

D336, DR333, DR336, DR339, DT336,

DT339, DT343, DVR33, DVR36, DVR39,

DVRS3, DVT36, DVT39, DVT43,

DVTS2, FS22, FS32, FSDV22, FSDV32,

HE25, HE32, HEB32, and HEDV32

manually controlled vented heaters

manufactured by CFM Majestic, 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 March 3, 1997, this

Waiver supersedes the Interim Waiver

granted CFM Majestic, Inc. on December

27, 1996. 62 FR 742, January 6, 1997.

(Case No. DH-008).

10549

Issued in Washington, DC, on March 3,

1997.

Christine A. Ervin,

Assistant Secretary, Energy Efficiency and

Renewable Energy.

[FR Doc. 97-5657 Filed 3-6-97; 8:45 am]

BILLING CODE 6450-01-P

Federal Energy Regulatory

Commission

[Docket Nos. EC97-11-000 and ER97-1346-

000]

American Ref-Fuel Company of

Delaware County, L.P. and Delaware

Resources Management, Inc., Notice of

Filing

March 3, 1997.

Take notice that on February 27, 1997,

American Ref-Fuel Company of

Delaware County, L.P. (ARC) and

Delaware Resource Management, Inc.

(DRMI) (collectively "Applicants")

submitted for filing with the Federal

Energy Regulatory Commission

("Commission") pursuant to 18 CFR

Part 33, a letter notifying the

Commission of a change in fact related

to the joint petition Applicants filed

with the Commission for an order under

Section 203 of the Federal Power Act

approving the transfer of jurisdictional

assets ("Joint Petition").

The Joint Petition stated that ARC is

owned equally by Air Products and

Chemicals, Inc. ("Air Products") and

Browning-Ferris Industries, Inc. ("BFI").

The Joint Petition also stated that Air

Products has announced that it is

seeking purchasers for its share of ARC

and certain affiliates of ARC. The letter

notified the Commission that in the

event that Air Products declines to

continue as a 50% owner of ARC, BFI

would assume 100% of the ownership

of ARC (through subsidiaries). The letter

stated that ARC would either be owed

(1) wholly by BFI or (2) 50% by Air

Products and 50% by BFI.

Applicants requested that the

Commission issue an order approving

the transfer as soon as possible but not

later than March 11, 1997.

Any person desiring to be heard or to

protest said filing should file a motion

to intervene or protest with the Federal

Energy Regulatory Commission, 888

First Street, N.E., Washington, D.C.

20426, in accordance with Rules 211

and 214 of the Commission's Rules of

Practice and Procedure (18 CFR 385.211

and 18 CFR 385.214). All such motions

or protests should be filed on or before

March 10, 1997. Protests will be

considered by the Commission in

determining the appropriate action to be

taken, but will not serve to make

 CAS-RM-79-104 COMMENT 159