23860 

sales outlets which are nepena.ent on surplus product. FEA.atso-requested'comments onwhetherlheamendments'Would 

result in the redirection,o! a-greai;er'Vol- ume -of motor ,gasoline to -:retail :sales 

outlets as opposed'to jobbers. 

In light of,'FEA's:concern:tb:at:all::m.arketers have equitable :access to,av.ailable 

supplies of'surplus'product, "FEAllasl:oncluded that 'additional 'comments ,on the 

distribution of surplus product are :nec- essary. Therefore, FEA!l'equests specific 

comments on whether the current..:regu- lations governing the.distribution:oI-surplus product should be revised -to require 

public notice of availability 'Of -surplus product and to include an :explicit re- quirement that ~ch -wholesale-purchaser reseUer be offered a "Pro-rata 

share of surplus -product lbased on the 

proportion of its adjusted -base period 

volume to the tOtal adjusted base period 

volumes of all purchasers entitled to receive an allocation 'from the"SUppIier~ In 

this regard, FEA requests comments on whether proviSiOns reqUiring "Public no- tice and malting 'surplus prpduct :AvaU~ 

able on' a pro-"rata basis -would impose 

disproportIonate'administrative 'or logistical burdens on suppliers. 

interested persons are invited to -submit data, views, -or arguments with 

respect to the additionalsubjectfor com- ments set forth in :tliis notice to 'Executive Commullications, ,Federal "Energy 

Administration, Room 3309, Federal 

BUilding, 12th and Pennsylvania Avenue 

NW., Washington, "D.C. 20461. Comments 

should be identified on the outside'envelope and on documents suomitted to FEA 

Executive Communications 'With the designation "Adjustments to -Base' Period 

Volumes for Motor Gasoline;" 'Box ~S. 

Fifteen copies should be .submitted. :All 

written comments Bhould be submitted 

by 4:30 p.m. on May 20,1977. Any inforPROPOSED RULES 

[.lO_CFR Part 430 ] 

ENERGY ,cONSERVATION "PROGRAM FOR 

~P'PLJANCES 

Test Procedures for ,Unvented Home Heat· 

ing £quipment; Proposed 'Rulemaking 

and Public Hearing 

AGENCY: Federal Energy Administration. , 

ACTION: Proposed nile. 

SUMMARY: The F.ederal Energy ::Administration nereby -proposes to amend 

its regulations in order to 'prescdbe test 

procedures :for llUverited llome heating equipment Wlder the Energy Polley and 

Conservation Act. Unvented home heating equipment is a class included within a broader 'type 'of 'appliances 'Covered'by 

the Act. The Act requires that standard 

methods for _ testlngcovered appliance 

types be prescribedllS"part 01 the energy conservation 'Program -for . appliances. 

The Act :further .authorizes F.E..1. 'to pre- scribe test proceaures for,classes within a given type of covered ,product. The intended effect of this propOSal is to implement the Act's requirements by so- liciting public .comments -before test pro- cedures are prescribed. . 

DATES: Comments by ;rune '29, i977. 

4:30 p.m.; requests to speak by ;rune 20, 

1.977, 4:30 p.m.; statements by June 30, 

1977, 4:30 p.m.; hearin,g·to ,be held on July 6, 1977, at 9 :00 a.m. 

ADDRESSES: Comments and .requests 

to SPeak at the hearing to: Executive 

Communications, Room 3309, Federal 

Energy Administration, 'Box MJ, 'W.a.shington, D.C. 20461; statements'to Regula- tions Management, Room 2214, .Federal 

:Energy Administration, 2000 M ·.street, 

'NW., Washington, D.C. 20461. Hearing 

held at: -Room 2105, 2000 M st. -NW., 

Washington, D.C. 

mation or data considerednythe.person FOR FURTHER INFORMATION CONfurnishing it to be confidential must be TACT: 

so, identified and 'Submitted in writing, in accordance with the ,procedures set .James _A. :Smith, Room 307, Old Post 

forth in 10 CPR 205.9(f). 'FEA reserves Office Building, :12th street and Pennthe right to determine the 'confidential sylvania Avenue "'NW., Washington, . status of the information -or data and to' D.C. 20461, 202-566-4635. 

treat it according to its determination. SUPPLEMENTARY INFORMATION' A. 

All comments received by'FEA ~ill be Background.-The Federal Energy .Adavailable for public inspection m the ministration <PEA) proposes to .amend 

FEA Reading Room, 'Room '2107, Federal Chapter II of Title 10, Code A)f Federal 

"Building, 12th and Penns!~vanlR Avenue Regulations, in order to prescribe test 

NW., between the hours of 8:UO'a.m. and procedures for "unvented home lleating 4:30 p.m., Monday through)rriday. -equipment" pursuant to section 323, 42 

(Emergency .Petroleum Allocation Act Dr U:S.C. 6293, of the Energy Policy and 

1973, Pub. L. 93-159, as amended, 'Pub. L. 93- Conservation Act (Act) (Pub. L. 94-163) • 611, Pub. L. 9!1-99, 'Pub. 1:.. 94-133, Pub. L. g!l- The Act requires that -PEA prescribe 163, and Pub. L. 9~85: Federal Energy Ad- standar.d methods for testing types of 

mlnlstratlon Act or 1974, -Pub. L. 93-275, -as £overed An!pliances and Iurther au- amended, Pub. L. 9~32 and Pub. L. 94-385: '" 

Energy Policy n.nd Conservation Act, Pub. L. .thorizes F.EA to prescribe test procedures 9!l-163, as amended, -Pub. L. l}4-385; .B.O. Ior classes within·,a given type of covered 

11790, 39 FIt 23185; 'E.O. 11933, 41 FR .36641.) product. -Unvented home lleating .equipIssued in Washington, D.C., May 6, .ment:ls a class included within the type 

1977. 'designated by the Act as "home heating' 

ERIC J .. FYGI, 'equipment, not including furnaces." 

iitcting:GeMral'Coun:sel. Development of test procedures is one 

[FIt Ooc.77-13492 Flled.5-1l-77!9 !o8:am] discrete;part "Of the :energy 'Conservation 

program.for .appliances. Even when promulgated, :final test procedures will not of 

themselves. require ,testing to be con- ducted. Theywlllmerely establiSh standard methods for testing when testing b 

otherwise required by the Act itself or J:>y regulations implementing other parts 

of the program. For example, the Federal 

Trade Commission (:FTC), in cxercisinlt 

its APPliance energy eIDciency labellna 

authority regarding a particular nppll .. ance ·type, may welll'equire the nppllcntlon of substantially less than nUnf tho 

final test procedures applicable to that 

appliance type. 

"By notice issued May 10, 1976 (41 FR 

19977, May 14, J.976), FEA proposed to 

establish Part 430, entitled "Energy Conservation Program for Appliances," in 

Chapter n of Title 10 of the Code of Federal Regulations. That notice proposed 

eo Subpart A to Part 430, containing-gen .. eral provisions, and a Subpart C, con- taining proposed energy eIDciency improvement targets. Pro,PosedSUbpnrts A 

and .C have not yet been finnlized. A further proposal.of Subpart C will beol1ecessary in .order to meet the requirements of 

section 325(a) (1) of the Act.l\S amended 

by section >161 of the Energy, Conscrvationand Production Act (Pub. L.I)~385). 

Subpart A as previously proposed (41 

PR 19977, May 14. 1976; 42 FR 15423. 

March 23, 1977) contained "definitions in 

proposed § 430.2, some of which nrc applicable to the ,.test procedures for un- vented hpmeheating eqUipment. In addition, FEA is proposing to add to the 

definition in § 430.2 of "Basic model," n subparagraph (7) (i) applying specHl .. cally to unvented home heating equipment. 

By notice issued July 22, 1976 (41 FR 

31237, July 27, 1976), FEA proposed an amendment to proposed Part 430 to !ldd a Subpart B which would contain tho 

appliance test procedures required to be 

prescribed by section 323 of the Act. Tho 

notice issued July 22 described the re- quirements of section 323 and sot forth 

proposed test procedures for room nil' 

:conditioners. A further notice issued 

:March 24, 1977 ,(42 FR 16811, March 30, 

1977) solicited comments ~th respect 

to :a clarification of the provision 'con- • 'cerning the number of units to be tested, 

By notice ,issued March 17, 1977 (42 FR 

15423, March 22, 1977) FEA proposed an .amendment .setting .forth proposed tcst 

procedures for dishwashers. Test pro-

.cedures for water heaters, television l'e-

,ceivers, refrigerators and refrJg~atorfreezers, freezers, and clothes dryers were issued on April 21, 1977 (42 FR 21576 ct 

seq., April 27, 1977). 

Section 323 (a) (2) of the Act requires 

PEA to direct the National 'Bureau of 

Standards Act (NBS) to develop lor 13 

types of covered products test procedures for the determlrul.tlon of the estimated 

annual operating costs and at least 00() 

.other useful meastll:jil of energy consump ... tion which FEA determines is likely to 

'aSSist -consumers in making purchnslng 

FEDERAL REGISTER, VOL 42, . .NO, 91--WEDNCSOAY. ,MAY 11. 1977 
I. PROPOSED RULES 

,decisions., pursuant to the Act, FEA di- primary heaters, which include all perrected NBS to develop test procedures for manentfy tnstalled electrIc heaters and 

FEA's 115e in prescribing test procedures all unvent.ed gas' heaters with a name- under-the Act, As part of this undertak- plate inpUt of 15,000 Btu's per hour and 

ing, NBS evaluated existing test proce- above (§ 430.22 (g) (1»; and (ll) supple-

'dures for measuring energy consumption mentary heaters, which include nll portof home heating equipment, not includ- able electric heaters and nll unvented gas ing furnaces. heaters with a nameplate Input of less 

NBS haS transmitted to PEA a test than 15,000 Btu's per hour (§ 430.22Cg) 

procedure review document which re- (2». The estimated annual operating 'viewed existing test procedures for mea- cost for primary heaters is the product 

suring energy consumption for unvented of the average annual energy consump- home heating equipment. a class of the tion times a representative average unit 

broader'appliance type designated by the cost of energy. The estimated annual 

Act as ,home heating equipment, not operating cost for supplementary heaters 

including furnaces. The NBS review doc': is the product of the maximum power 

ument included recommended test pro- 'input (electric and gas), a representative 

cedures' for unvented home heating average use cycle, and a representative 

equipment. Copies of this review docu- average unit cost of energy. 

ment will be made available for inspec- Also proposed (§ 430.22(g) (3» as tcst 

tionby: interested persons as provided procedures for the determination of 

for later in tliis notice. FEA intends to other measures of energy consumption 

publish proposed test procedures for the which are likely to assist consumers In 

class, vented home heating equipment, making purchasing decisions are test -as soon as practicable. proceQures regarding the cost of operIn developing 'the proposed test pro- ating per hour of continuous use. Cost 

cedures for unvented home heating of operation per hour of use may be 

equipment, NBS consulted with the Gas useful for consumers to compare operApplianc;:.e Manufacturers Association, ating costs of simUar sized henters using 

the Association of Home Appliance Man- different fuel types. ufacturers, the National Electrical Man- An additional proposed measure ufacturersAssociation. and the American (§ 430.22(g)(4» thnt is llkely to assist 

Society of Heating. Refrigeration, and consumers in making purchasing deciAir Conditioning Engineers' Technical sions is the regionalized estimated an- Committee 6.4 (which isconcemed with nual operating cost for primary heaters. 

space heating). NBS subsequently fo~- The estimated annual operating cost dismulated, a test procedure which is the cussed prevIously is based upon n na- basis for today's proposal. tional average for heating requirements. While the cost figure which results from 

B. Measures of Energy Consumption.- using such an average provIdes a basis 

The Act requires FEA to prescribe test for comparing different heating units, 

procedures for the determination of esti- actual' annual operating costs cxperImated annual operating costs and at least enced by a consumer may vary slgnlfione, other useful measure of energy con- cantly depending upon where in the 

.sumption which the Administrator de':' country the heatfng unit is operated. . termines is likely 'to assist consumers in making pUrchasing decisions. Since the Clearly, geographical and c11matic con:- annual'operating costs of Unvented home ditions are not the only factors which can affect the estlmated,annual oper- he::),ting equipment could vary signifi- ating cost (e.g., indivIdual comfort re- cantly depe,nding upon usage patterns and fuel type, FEA is proposing to estab- quirements, frequency of use). But the effect of cllmate can be quantified and liSh estimated annual operating costs for the estimated annual operating cost can tWo basic categories of heater usage. be easUy adjusted to better rcJIect the 

Work.performed,at NBS indicates that typical operating costs' of a unit In a unventedhome heating equipment is used particular geographic unit. 

either as primary or supplementary To determine the regionalized oper- sources of heat_ Portable electric heaters ating cost, the estimated annual oper- are most commonly used as supplemen- ating cost 15 multiplied by a correction 

tary heaters and--are generally moved factor which reflects the heating load 

from place to place within a home to pro- of' a particular geographic location. A 

vide addltional heat as required. Perma- map depicting degree day Unes for dH- - nently installed electric heaters are con- ferent areas of the country is included 

'sidered as primary sources of heat in as Chart 1 of Appendix G. The cost of 

m9St home installations. Unvented gas operating a prImary heating unit is very -heaterS, however, are not as easUy classi- nearly proportional to tIle number of 

'fied mto supplementary or primary heat degree days of a particular -region. As source categ~ries. A division .of unv-ented discussed below, the estimated annual 

gas heaters mto supplementary and pri- operating cost was based on a national 

mary -sources of heat is being proposed, average of 4 000 degree days. Thus where ~ing,15,OOO Btu's per hour as the divid- . the map sh~ws thnt an area e]o.:pcrlences 

mg line. Unventea' gas heaters with 2000 degree days the reglo~lized oper- nameplate input 15,000 Btu's per hour ating cost would be one hal! (2000/4000) 

and above would be classified as primary of the estimated annual operating cost. 

heat.ers and those below 15,000 Btu's per If instead a heating unit were operated hour as supplementary- heaters ,for pur- -' , --'.POSes of calculating annual operating m an area which normally m.-perienced 

costs. I - 8,000 degree days, the regionalized operFEA is proposing to establish two basic ating cost would be the estimated annual 

hearer usage categories' to be used for operaloing cost multiplied py 2. The map 

calculating annual operating costs: (1) or information derIved [rom it could be 

23861 

provided in addition to the information 

provided on the labeL 

FEA recognizes that there may be additional useful measures of energy con- sumption [or unvented home heating 

equipment other than the measures described above. Accordingly, today's pro- posal. in proposed subparagraph 430.22 

(g) (5), provides for other useful meas- ures which the AdminIstrator determines are likely to assist consumers in making 

purchasing decisions. These measures. however, must be derived from the ap- plication of the uni!orm test method pro- posed today as Appendix: G to Subpart B. 

Manufacturers would, i! required, only 

have to perform various computations whUe still applying the same test method 

contained in Appendix G. 

C. Laboratory Metlzodology.-Proposed 

Appendix: G to SUbpart B provides for a controlled laboratory environment for 

measiu1ng energy consumption for the 

vnrlous unvented home heaters which are available to the consumer. The laboratory method consists of measuring the- mmdmum power input to a heating 

unit. For primary heaters, the maximum 

power input is used in conjunction with 

the "Modified Degreee Day Procedure" 

of the American SocIety of Heating, Refrigerating and Air Conditioning Engineers (ASHRAEt as published in Chapter 43 of the 1976 ASHRAE Handbook 

Systems Guide (discussed below) to calculate the average annual energy con- sumption. 

The ASHRAE "Modified Degree Day 

Proceduro" expresses energy consumption as a function of heating load (expressed in degree days), the difference 

between the indoor and outdoor design 

temperatures, a correction factor. and 

the heat loss of the building in which the 

heat source is installed. In the proposed 

regulations, the heat provided bS; the 

heater is assumed to be equivalent to the 

heat loss of the building. With this as- sumption. the ASHRAE procedure can be used to calculate energy consumption for a particular heating unit (as opposed 

to a particular buDding) • 

A degree day is a measure of the heatIng load on a heating unit. A'degree day 

is defined as the difference between the mean outdoor temperature over a 24-

hour period and 65° F. For example. if 

tho average of the high and low temperatures [or a day were 40° F. the heating load would be 25 (65-40) degree days. 

For primary heaters of the type covered 

by this proposal. the average annual 

heating load 15 approximately 4,000 degree days. 

A correction factor, Cd, is used in the 

ASHRAE procedure.to make the calculated values of energy consumption more closely approximate field measure- ments of energy consumption. The cor- rection factor is a function of the outdoor design temperature. Using a graph 

of degree days as a function of indooroutdoor design temperature difference 

and the average value of 4,000 degree 

days, the average Indoor-outdoor design 

temperature difIerencefor prhnaryheat- ers is det.erm1ned to be 60° F. The 

ASHRAE procedure is based on an indoor design temperature of '10' F. The 

FEDERAL REGISTER, VOL. 42, NO. 91-WEDNESDAY~.MAY 11, 1977 
23862 PROPOSED RfJLES' 

corresponding outdoor :desIgn ltempera- model. The size of ,the sample of a par- ..mitting data, views or arguments with 

ture is thus 10 0 F ('10 0 F-60° .F) • Accord- ticular basic model will.depend upon the respect to the proposed test procedures ing to the ASBRAE procedure, for a 100 .following factors: for unvented home heating ,equipment 

F outdoor design temperature"C4 is 0.79. (a) the level of confidence required .set forth in this notice _ to Executivo 

D. Representative Average-Use Cy- <set at 95 percent in the proposed regu- Communications, Room 3309, Federal 

cle.-Section 323(b) (2) (42 U.s.C. 6293 lations); Energy Administration, Box MJ. Wash-

(b) (2) of the Act provides that test pro- (b) the maximum allowable d1ffer- ington, D.C. 20461. 

cedures for determining estimated An- ence between the .sample mean and th~ Comments should be identlfied on the 

nual operating costs of any covered prod- mean of the basic model (expressed in outside of the envelope and on documents 

uct shall be calculated from measure- the proposal AS a percent of the true .submitted to FEA with the designation 

ments of energy use 'in a rellresentative mean and set at 5 percent); and "Unvented Home Heating Equipment--

average-use cycle (as determined by the (c) the relationship of the mean and Proposed Test Procedures." Fifteen 

Administrator) and from;representative standard deviation of the basic model. copies should be submitted. All comments 

average unit costs (as providcdby the The rela~~ns!llp of the m~an and received by June 29, 197'1, bafore 4:30 

Administrator) needed to operate such standard 'deVIatIOn of the basIC model p.m .• e.s.t .• and all other relevant inforproduct during 'such ,cycle. FEA has de- can ,be determined from data available mation, will be considered by PEA before 

termined that the representative aver- ~ manufacturers. With this informa- . final action is taken on the proposed 

age-use cycle for primary heaters is 4.000 tI~n and using standard statistical te~h-' regulatiOns. 

degree days per year and for supplemen- mques. manufactur~rs can. determme Any information or data considered by 

tary heaters is 133 hours of operation the number of umts reqUIred to be the person furnishIng it to be .confidential 

per year. This .determination is based tes.ted. In any ~ase. no fewer than 3 must be so identified and submitted in 

upon NBS' recommendation to FEA. ,umts of ea~h basIC model must be tested. writing, one copy only. FEA reserves ihe 

The representative average annual use Sample umts would ~e selected random- right to determine the confidential status 

cycle for primary ~eaters of 4.000 degree ly from the production strea~. of the information or dat!\ and .treat it 

days was determined by using values or Manufacturers and other mterested according to Its determination. ' 

degree days of 'variou,s regions 'of the "Persons are encouraged to comment on • country and data regarding the ,distri- the .sampling :approach. Manufacturers 2. Public Hearings.-a .. Request procebution of unvented home heating equip- are :especially encouraged to submit any uure. The time and place of the public 

ment. This information was used to cal- data -which relates to the size of the hearing are indicated at the beginning of 

culate a weighted national average of samples which the provision would re- this preamble. The hearing will be con .. degree days. NBS' recommendation is quire to be tested. Comments alleging 'tinued. if necessary, on July '1, 1977. 

available for inspection as provided for that the sampling provision is burden- FEA invites any person who has an 1nlater in this notice. some should include a full discussion {)f terest in the proposed rulemaking issued 

FEA has determined that a represent- the facts upon which such allegation is today. or who is a representative of a ative average llSe cycle for supplemen- ,based. group or class of persons that has an intary heaters is 133 hours of annual op- 'F: Request jor Particular CommentS. terest in today's proposed rul!'lmaking. eration. This determination is based on While FEA is soliciting comments on all to make a wrItten request for an oppor- an estimate of annual usage for portable aspects of the proposed test procedures tunity to make an ornl presentation. electric heaters made by the Edison 'for unvented home heating equipment Such a requ~st should be directed to the 

Electric Institute and is also applied to FEA is particularly interested in receiv- address indIcated at the beginnin~ of 

unvented gas heaters.in the absence of ing comments on any other useful meas- this preamble and must be received beiieldusagedata. -ures,of energy cousumption or data on fore 4:30 p.m., e.s.t .• on June 20. 1977. 

FEA intends to develop ,representa- typical consumer usage of tmvented home Such a request may be hand delivered 

tive average 'UIlit costs of energy 'needed heating ,equipment in addition to those t~ such addre~. between the hours of 

to t:alculate the annual operating cost proposed today. lJ.~O a.m. and 4:30 p.m .• Monday through 

for the representative average-use cycle Tn addition. FEA is interested in re- Friday. A request should be labeled both 

and to provide this information to ceiving comments on any definitions de- on the document and on the envelope manufacturers and FTC :on or before scribed in previously proposed § 430.2. as "Dnvented Home Heating Equipmentthe effective date of test procedures "for these provisions might affect the testiIig Proposed Test Procedures." 

unvented home heating -equipment. of unvented home heating .equipment.' The person making the request should 

E. Number 0/ Units to 'be 'Testeil. Pro- Such comments -are timely until the c10se briefly describe the interest concerned: 

posed paragraph 430.'23 (g) would pro- -of the written record. as specified below. if appropriate, state why she or he fs a Vide lor sampling .of each basic model to Tn addition to the definition of basic proper xepresentative of a group or olass 

be tested when :testing of unvented home model for unvented ,home heating equIp- of persons that has .such an lnterest: and 

.heating equipment is required .by the ment, the .following definitions are pro- g!ve a conclse .summary of the proposed Act or by "Program TCgtilations :of agen- posed.-today: home heating equipment, oral presentatIon and a telephone num- cies responsib1e lor administering the not including furnaces; unvented home ber where she or he may be contacted 

Act. This "Provision 18 intended both to heating equipment; unvented E!l.S heat- through June 22. 1977. 

provide an acceptable level of 1l.Ssurance er; unvented circulator; radiant heater: FEA will notifY, before 4:30 p.m., June 

that test results are applicab1e to any unventedoverhead heater; IV~ heater, 2Z, 197'1. each person seleeted'to appear entire basic model for which testing is unvented closed :front; electrIC heater: at a hearing. Each person selected to be 

required and .to minimize the :,testing baseboard:e1ectricheater; celling electric heard must submit 50 copies of her 'or 

burden on manufacturers. FEA"believes heate~; 1l00relectric heater;. portable his statement to the address and by tho 

that the sampling approach proposed electrIC heater; and :wall electric heater. date gIven in the beginning of this pretoday will enable consumers to make . The following definitions previOUSly amble. In the event any person wJshinrr 

meaningful comparisons of information proposed in §430.2 (41 FE 19377) are to testifY cannot meet the 50 copy re- appearing on appliance labels. and also hereby withdrawn: home heating equip- qUirement, alternative arrangClilents can will meet the 'requirements of 'Section ment; unventedgas,and oil fued room be made with the Office of Rerrulations 

323(b) 'Of ,the Act that test "Procedures heater; unvented circulator; coal basket; Management in advance of the hearing 

not be unduly burdensome to conduct. fireplace insyrt; gas log; radiant heater: by so indicating in the letter requesting 

Under proposed 'paragraph 430.23 (g) , unvented overhead heater; wall heater, an oral presentation or by cnlling the a sample 'Of sufllcient size 'of each basic unvented. open:llame radiant :type; wall Office of Regulations "Management at 

Dlodel would bej;ested to assure ,that. heater, unvented.closed front; stationary (202) 254-:3345. 

for each measure of energy .consump- e1ectric room heater; J)ortab1e e1ectric b. Conduct of Hearings. FEA reserves tion described in 'paragraph -430:22 (g), room heater; and baseboard 'electric the right to select the persons to be heard 

there is:a:951ler.cent:probabillty that the heater. at this hearing, to schedule their respec- Dlean.oI the values of :these -:measures :of ' 'G. 'Comment 'Proceuure.-l. Written tire "Presentations and to establish tho 

the Jlample:is -:within,;5 percent :xiI the Comment. Tnterested persons are'invited procedures governing the conduct of the 

truemean:of:these'measures of.the basic to1>ar:ticipate:in_thisnIlemaklngby:sub- hearing. The length ,of each presentat10n 

F.EDERAL ~EGIST~R, VOL. 42, NO. 91-WEDNESDAY, MAY .11, 1977 
may be limited, based on the number of 

persons requesting to be heard. 

An FEA -o:ffi.cia1'WiIl!be ·desigIiated to 

presIde at the healing. 'This will notlJe 'R 

judicial 'or -evidentiary-type 'heating. 

Questions may be ~ed only by those 

conducting thehearing,:and there will be 

no cross-1:lXiunination of .Persons presenting statements. .Any decision made by 

FEA witft respect to the !SUbject matter 

of-the heating will be based on all :information avaUab1e to FEA. At the conclusionof all :initial 'oral statements, each 

person who has made an oral statement 

Will. be given the opportunity II she or he so desires, to make a rebuttal statement. 

The :rebuttal statements will be given m 

the order in which the:initial statements were made 1Uld Will. be subject to time 

limitations. 

.Any .interested person may submit 

questions to be asked of any person making'a statement -at the hearing to Executive Communications, FEA, before 4:30 

p.m., es.t., June 29, 1977. FEA will determine whether the question is :relevant, 

and whether the time limitations permit 

it to be~reSented for .answci:. 

. .Any person who makes an -oral :statement and who wishes to ask a ;question 

at the heating may,submit the tIUestion, 

in writing, to the :presiding .officer. The . presiding -officer, will determine whether 

the question is re1evant, and whether 

the time limitations ]lermit it 1;0 be llresented for answer.. Any further ]lrocedural rules -needed 

for the proper conduct of the hearing 

will be announced by the presiding 

officer. 

A transcript :of -the hearing w1ll be 

made and the ,entire record of thehearing, including the transcript, will be re- tained by FEA and made available for 

.inspection -at the FEA I'reedom of Information -Office, Room 2107, Federal 

Building,1.2th and' Pennsylvania Avenue 

NW., Washington: D.C., between the 

hours of 8:00 'a;m. 'and 4;30 lim., Monday 'through. :Friday. .Any llerson may 

pirChase .a copy .Dr The :transcript -from 

thereporter. A cOlly,of NBS' recommen':' 

dationsconcerning test procedures :for , electric and unvehted home heating' equipment along 'With -the ASHRAE 

Modified Degree Day Procedure will also 

be made -available "for inspection -at the '- FEA, Freedom 'Of Information Office. 

R Environmental ,anil InjlationaTJ/ 

Review. As required by section 'Hc) (2) 

of the Federal Energy Administration. 

Act of 1974 (Pub. L ,93-275) • .a copy of 

this notice has been submitted to the 

Administrator of the 'Environmental . ProtectionAgency-forhis comments con- cem.ing the impact .of tbls llroposal on the -quality .of .the environment. The Administrator has no eomments. 

The Nationa1 'Environmental Pollcy 

Act of 1969 reqlilres 'FEA to assess the 

envlronmental'impacts 'Of any proposal 

by the Agency for "major Federal ac- tions significantly affectlng 'the quality 

'01 :the human environment... .since test 

procedures under_ :the conser:vation llro': 

gram for 'appliances -will :be used <lIDy to 

standardize -the- measurement 'of 'energy 

~PROPOSED ,RULES 

usage.and will not affect the qunnti~.or 

dist1:ibution of energy .usage, FEA has 

determined that the action of prcscr.ibing test procedures, by it.sel!. wm not 

result in any environmentallmpacts. On 

this basis, FEA has determined that. with 

respect "to prescribing test procedures 

under .the conservation 'program tor appllances, no environmentallmpact state- . ment :is required. 

NO'IE.-The proposalllas been TCTIewed !n 

nccordnnce with Executive Order UB21 as amended by E!;ccuti~e Order U949, and 

OMB Clreulnr No. A-I07 nnd hn:I been determIned. not to'bo Do mnJor proposal requirIng 

cvaluatton of 1!S cconomIc impact lIS provIded for thereIn. 

(Energy Poiley and Com:cl'\1ltton Act, Pub. 

L. 94-103, ns amended. by 'Pub. L. 94-385: 

Federal Energy AdmIntst:at!on Act or 1974. 

Pub. L. 93-275, ns amended bY' Pub. L. 9i385:, E.O. 11790. ~9 F.R 23185.,) 

:In consIderation of the toregoing, It 

is proposed to amend Chapter II of Title 

10, Code of Federal 'Regulations, as set 

forth below. 

:£.ssuca in Washington. D.C., May 4. 

1977. 

J. PETEn LlJED'IltE, 

Acting General Ccnmsel, 

'FederalEncrUJ/ Admfnfstration. 

1. Section" 430.2 is amended by adding a subparagrnph (7) (1) as part of the 

definition of "Bnslc model," and by 

adding the definitions of "home heating equipment, not including furnaces," "unvented ho:ne heating equipment," "unvented gas heater," "unvented circulator," "racUant heater," 

nunvented overhead heater," ~'wnll 

heater, unvented closed front," "'electric 

heater," "baseboard 'elcctrlc heater," 

"ceiling electrIc heater," "!Ioor electric 

heater," "portable electrIc heater," and 

"wall electric heater heater," to rend as 

rollows: 

§ 430.2 Dcfmitions. 

• • • • 

"Basic model" means ul1 units of a. 

given type of covered ]lI'Oduct manufactured by one manufacturer and: 

• • • • .. ('1) (i) :with respect to unvcnted home 

heating equipment, having essentially 

Identical functional physical and electrIcal characteristics. 

• • • • • 

"Home heating equipment, not; including furnaces" meims 'Vented home heating equipmentnnd unvented home heating equipment. 

"''Unvented home beating cqu.lpment" 

means a. class of home heating equfpmentnot lncluQIng furnaces, used for the 

purpose of furnlshlng heat to a. space 

proximate to such heater directly from 

the heater and wIthout duct conneCtions 

and includes electric heaters .and unvented gas heaters. 

"Unvented gas heater" means JUl unvented, sell-contained, free-standIng, 

nonrecessed gas-burnIng appliance whIch 

fuinlshes warm Air .by ~vf~ or 

fan circulation, and includes unvented 

~ 

23863 

circulators, .radiant llea.ters, unvented 

overhead heaters. and wall heaters, un- vented closed Iront. 

"Unvented circulator" .means.an .un- vented gas heater having an ·external 

jacket surrounding the burner and designed to convert the. energy in gas to 

convected and radiant heat by direct 

ml:dng of air inside the jacket. 

"RacUant heater" means an open-front 

unvented gas heater designed primarily 

to ·convert the energy in gas to radiant 

heat by means of reCractory radiants or slmllar racUating materials.. A radiant 

heater has no external jacKet and is only 

installed in an incombustible fireplace. 

"Unvented overhead heater" means an unvented gas heater ior suspension 

:[rom the celling in the room being' 

heated. 

"Wall heater. unvented closed front" means an unvented circulat<lX' which has 

a. closed front and is designed for insertion in or attachment to a waIl or partition. 

• • • • * 

''Electric heater" means an electric app11ance in which heat is generated from 

eIcctrlca1 energy and dissipated by con- vection and racUation and includes baseboard electric heaters, ceili:og electric 

heaters, 1100r electric heaters, portable 

electric heaters, and wall electric heaters. 

''Baseboard electric heater" means an electric Jleater which is iritended to be 

recessed in or surface mounted on walls 

nt floor level, which is characterized by 

long,low physical dimensions,-and which 

f.Tnns!ers heat by natural convection 

and/or radlatfon. 

"Celling electric heater'"..means an electric heater which is intended to be 

recessed in, surface mounted on, or hung 

from a. celling, and wblch transfers heat 

by -racUation -and/or convect:lon (either 

natural or forced). 

''Floor electric heater" means an electric heater which is intended to be re- cessed in 'a. l100r, and whiCh transfers bY 

radiation and/oX' convection (either nat- _ ural or forced) • 

~ortable electric heater" means an electric heater which is intended. t<l stand 

unsupported, which is connected to an electric SUPPlY by means of a cord and 

plug, and which transfers heat byradlation and/or convection (either natural or forced) •. ( \ 

"Wall electric heater" means an electric heater '(excluding baseboard electric 

heaters). which 15 intended to be recessed 

in or surface mounted on walls, which 

transrers heat by racUation an::I/or convection (either natural or forced) and 

which includes forced convectors .. natural convectors, radiant beaters, high 

wall or valance heaters., 

• • • • * 

2. Section 430.22 is amended by adding 

a. 'Paragraph (g), to read as follows: 

§ 430.22 Test procedures -for measures of energy consumption. 

• • • • • 

(g) UnventetL Home Heating Equipment. ill The estimated .annual. operating cost for llrlmary heaters, which 

FElERAL ,REGISTER, VOL. 42, NO. 91-WEDNESOAY, MAY H, :1977 
23864 

include permanently installed electric 

heaters and unvented gas heaters (with 

and without an auxiliary electric system) 

with nameplate input 15,000 Btu's per hour and above, shall be: 

m for permanently installed electric 

heatet:s and unvented gas heaters, without an auxiliary electric system' with 

nameplate input 15,0000 Btu's pel' hour 

and above, the product of: (A) the aver- age annual energy consumption in kilowatt-hours per year for electric heaters 

and in Btu's per year for gas heaters, 

determined according to 3.1.1 and 3.1.2, 

respectively, of Appendix G of this subpart and (B) the representative average unit cost in dollars per kilowatt-hour or dollars pel' Btu as provided by the Administrator, the resulting product then 

being rounded off to the nearest dollar 

per year, and , (Ii) for unvented gas heaters with an auxiliary electrical system with name- plate input 15,000 But's per hour and 

above, the sum of: (A) the product of 

the average annual heater gas ene,rgy consumption in Btu's per -year, determined according to 3.1.2 of Appendix G 

of this subpart, times the representative 

average unit cost in dollars per Btu as provided by the Administrator plus (B) 

the product of the average annual 

auxiliary electrical energy consumption in kilowatt-hours per year, determined 

according to 3.1.3 of Appendix G of this 

subpart, times the representative average unit cost in dollars per kilowatt-hour as provided by the Administrator, the re- sulting sum then being rounded off to the 

nearest dollar per year. 

(-2) The estimated annual operating 

cost for' supplementary heaters, which 

include portable electric heaters and un- vented gas heaters (with and without an auxiliary electrical system) with name- plate input less than 15,000 Btu's per hour, shall be: 

(i) for portable electric heaters and 

unvented gas heaters without an· auxiliary electrical system with nameplate input less than 15,000 Btu's per hour, the 

product of: (A) the maximum power 

input, in kilowatts for electric heaters 

Ilnd Btu's per hour for gas heaters, determined according to 2.1 and 2.2, re- spectively, of Appendix G of this subpart, 

(B) a representative average use cycle of 

133 hours per year, and (C) the repre- sentative average unit cost in dollars per kilowatt-hour or dollars per Btu as pro- vided by the Administrator, the resulting product then being rounded off to the 

nearest dollar per hour, and 

(ii) for unvented gas heaters with an auxiliary electrical system with name- plate input-. less th~n 15,000 Btu's per hour, the sum of: (A) the product of the 

maximum gas power input to the heater 

in Btu's per hour determined according 

to 2.2 of Appendix G of this subpart, times a representative average use cycle of 133 hours !ler year, times the repre- sentative average unit cost in dolla.rs per 

Btu as provided by the Administrator, 

plus (B) the product of the maximum 

electrical power input to the auxiliary electrical system in kilowatts, determined 

according to 2.1 of Appendix G of this 

subpart, times a representative average 

PROPOSED RULES 

use cycle of 133 hours per year, tinies the Ing to manufacturer's instructions. Honters 

representative average unit cost in dol- shall be connected to an eleotrical supply lars pel' kilowatt-hour as provided by circuit of a nameplate voltago with-a wnttthe Administrator, the 'resulting sum meter installed In the eirouit. Thc wattmeter 

then being rounded off to the nearest shall have a maximum error not g,catcr thnn 1 percent. dollar pel' year. 1.1.2 UnventecZ gas 7teater. Instnll hcntcr 

(3) The estimated hourly operating according to manufacturer's instructiol1s, 

cost for unvented home heating equip- Heaters shall be connected to gas supply line 

ment shall be the product of: (i) the with a gas displacement meter installed 110-

maximum power input- in kilowatts for tween the supply Une and tho heater 110-

electric heaters and Btu's 'per hour for cording to manufacturer's spcclflcntlonll. Tho 

gas heaters, determined _according to 2.1 gas displacement meter shall haVe a tnaxi2 2 fA dix G f thO b rt d mum error not grcater than 1 percent. Gas -or . a ppen a IS su pa , an heaters with fans shall bo connected tO'l\n 

(ii) the representative average unit cost electrical supply circuit or nameplnto voltin dollars per kilowatt-hour or dollars age with a wattmeter Instlllled In the oireult. 

per Btu as provided by the Administrator, 1.2 Temperature regulating controls. All 

the.resulting product then being rounded temperature regulating controlS eh[lll bo 

off to the nearest dollar pel' hour. shorted out of the cirCUit or adjusted so (4) The regionalized estimated an- that they wm not operate during tho teat 

nual operating cost shall be the product pei~Fan controls. All f= controls shall bo 

of: (i) the estimated annual operating set at the highest fan speed.sotting. 

cost for primary heaters determined in 1.4 Ambient temperature. Mnlnt[lin thD 

accordance with paragraph (g) (1) of room. ambient nil' temperaturo (T ) botween 

this section and the ratio of the annual 68'; F and 720 F.' r 

degree days of a particular geographic' 1.5 Energy supply. 

location obtained from the map of Chart 1.5.1 Electrical supply. For [In electrlo 

1 of Appendix G to this subpart to 4,000 heater, and for gas heaters with an lIux11l[lry degree days. electric system maintain tho electrical sup .. 

(5) other useful measures of energy ply to the heater within 1 percent of tho nameplate voltage. cpnsumption for unvented home heating 1.5.2 Gas supply. 

equipment shall be those measures of 1.5.2.1 Natural gas. For lin Ul1vented gns 

energy consumption for unvented home heater utU1z1ng naturtll gas, maintl'lin thO 

heating equipment which .tlre Adminls- gas supply to the hooter with a normal inlet 

trator determines are likely to assist test pressure immediately ahead of nIl con- consumers in maIdng purchasing deci- trois at 7 to 10 inches of water column. 'l'ho 

sions and which are derived from the regulator outlet pressure at normal supply application of Appendix G of this sub- test pressure shall be approximately that 

part. recommended by the manufaoturer. Tho 

natural gas suppIled shOUld have a heatlng value of approximately 1025 Btu's per standard cubic foot. Determine tho aotunl 

heating value, in Btu's per standard oUbio 

foot, for the natUral gas to be usod in the 

test, with = error no greater than 1 percent. 

* * • * • 

3. Section 430.23 is amended by adding a paragraph (g), to read as follows: 

§ 430.23 Units to be tested. 

• .' • .. • - . • - 1.5.2.2 Propane gas. For an unvented ens 

(g) Unvented. home heatmg equlp- heater utilizing prop!llle maintnin the gns 

me'!}t. (1) When testing of unvented supply to the heater with a normal inlet 

home heating equipment is required for -test pressure immediately ahead of all con- a measure or measures of energy con- troIs at 11 to 13 inches 01 water column. Tho 

sumption described in § 430.22(g) of this regulator outlet pressure at norm [II supply subpart a sample of sufficient size of test pressure shall be approxImately thnt rec- , . ommended by the manufacturer. The pro- each· basIC model shall be tested to en- pane suppUed shOUld have a heating valuo sure that, for each such measure of en- of approximately 2500 Btu's per standard 

ergy consumption, there is a 95 percent cubic foot. Determine the actual heating probability that the mean of the sample value in Btu's per standard cUblo foot, tor 

is within five percent of the true mean the prop=e to be used in the test, with ntl 

of such measures of the basic model, ex- error no greater than 1 percent. 

cept that no fewer ·than three units of 1.6 Energy flOW instrumentation. Install 

each basic model shall be tested one or more energy flow Instruments which . . h measure, as approprJate, and with an error (2) The sample selected for paragrap -no greater than 1 percent the quantity ot 

(g) (1) of this section shall be a simple electrical energy, natural 'gas flow or pro. random sample drawn from the produc- pane flow suppI1ed to the heater. 

tion stream of the basic model being tested. 

(3) A basic model having dual voltage ratings shall be separately tested at 

each design voltage such that the re- quirements of paragraph (g) (1) -of this 

section are satisfied at each rating .. .. .. .. ,. .. 4. Subpart B of Part 430 is amended to 

add Appendix G, to read as follows: 

APPENDIX G-UNIFORM TEST METHOD FOR 

MEASURING THE ENERGY CONSUMPTION OF 

HOME HEATING EQUIPMEN'l', NOT INCLUDING FuRNACES 

i. TESTING cONDrrxoNs 

1.1 Installation. -

1.1.1 Electric heater. Install heater accord2. TEST PROCEDURES AND MEASUREMENTS 

2.1 Electric power measurement. Establish 

the test conditions set forth in 1 of thIs ap- pendL'l:. Allow an electric heater to warm up for at least 5 minutes before recording the 

maximum electric power measurement trom 

the Ylattmcter. Allow the aux1l1ary eleotrioal 

system of a forced aIr unventcd gas heater 

to operate for 5 mInutea before recording tho 

electric power measurement from the wattmeter. . 

2.2 Gas power measurement. Establlsh tllo 

test conditions set forth In 1 of this Appen- dix. A gas heater shall be operated for 0110 

hour. Using the energy flow instnlIl1el1tl'ltlon 

of 1.6 and. the, gas supply energy rating ot 

1.5.2, detormlne the power input or theheater under test in Btu's per hour. 

2.3 RecOrcZecZ values. 

FEDERAL REGISTER, VOL. 42, NO. 91-WEDNESDAY, MAY 11, 1977 
2.3.1 Record "the :test =om <temperature, 

Tr, for each test in degrees Fahrenheit. /' 

- 2.3.2 Electrical power values. 

2.3.2.1 permanently installed. electric llea.t- ers. :the:mmdmllID. "Clectdc;power mllut (Pc). 

2.3:2.2 %'ortab~e e~eCtr1c 'heaters, 'the =a.."tlmum ~~ectric;power mput -{P='). 

2:3:2.3 "Unvented -gas 'heJI.'ters -:wltb. nnme- plate input -of 1.5;000 'Btu~s .:per ::hour "2Ulli 

above with auxillary electrical. systems, .the 

maximum electric power input (Pac). 

2.3.2.4 Unvented~ gas "heaters with name-' 

-plate Input less "t!lan 3..5,000 "Btu's :per ::hour 

with auxlllary electrical systems, the lD.Rldmum electric 'po~er :inllut -(Pm.). 

2.3.3 -Gas :power vdlues. 

2.3.3.1-Unvented gas :.heaters :wIth =e- -plate lnllut {)f 2"5,"000 "Btu's ;per 'hour and 

above, the""lllaldmum..r;as "power input (Fa). 

2.3.3.2 Unvented 'gas 'heaters "With name- plate input less ~an 15;000 J3tu".s .per hour, 

the maxlmum -gas power hlput 4Papl. 

3. Calculation oj Derlvea Results :From 

Test Measurements. -. 3.1. Average -annual energy <consumption 

Jor primary heaters-=.permanently lnstalleG 

electric heaters ana 'UnventeiZ gas _ heaters 

with nameplate input of 15.000 'Btu's peT 

hour ana: aaeve. 

ENERGY RESEARCH AND 

DEVELOPMENT ADMINISTRATION 

[ 10 CFR Part 81.E] 

UNCLASSIFIED ACTIVITIES IN FOREIGN 

ATOMIC ENERGY PROGRAMS 

. Notice of Proposed Rulemaking 

AGENCY: Energy Research and Devel- . opment Administration. 

ACTION; Proposed rule. 

SUMMARY: This proposed rule Is to 

amend ERDA's regulations on "UnclassiPROPOSED 'RULES 

3.1.1. Per77ll1nently instllUed. eleetrlc lU4ters • .caIculo.te.the average.annual energyamsumption, .E&. -expre::sed in Jillont.t-hours 

per senr, .tor pel1llllnonUy installed electrIc 

heaters USing 'tbo ndapted "Vemon "Oi 'the 

ASHRAE Modified Degree Day 'Procedure, 

!lefined .uS: 

'where 

'PJrXDXA ( ) E8 AtXllb CD 

E..,eIlVerogCl 1llU1U!ll rtlCli:)' Ulr=mpUan III kilon-"tt· lloW"Spcr)"C31"lDr~'ins1A1II:ddttlrie 

be:lters. 

P &=thc Jnnxlmwn power Inpul of ~enUy in· 

stalled electric botrr IilI:lIOITllt15 D3 measured 

in 2 of thIs Appendix. 

D=4.000 dr:;n;o d:i),s])Cr ~'e:u". 

.:t1=2t hams per day convrmOll !adOf'. ~~c.o' J!" dcSI!:n Umptrll\urt! dIJY= kl .... ~nln· 

'door and outdoordl'Sl;:n tnnpemt= .'bel.O, reted full lrod enleknc)' f!lr dectrie h~ltr.!. 

CD",o.79, correeUoll tlttor. 

3.1.2 UnrenteG gas lu:atcrs wfthout :en. au.xiliaTy eletrlc .syskm wfth. -nameplate input 15.000 :Btu's per Jwu.r 'and .Qbore. -CalcUlate the .aTcrage nmrual energy SUS consumption, Ea, expressed in :Btu's ]IC!r -year, for-unvented -SUS llenters using the.adaptcd. :vem1on 

or 'tbe AS~ "Modified Degree Day Pr0-

cedure, definCd ns: 

[FH. Doc.'77-13204 Filed 5-5-77;12:28 p.m.] 

fled Activities In Foreign Atomic Energy 

Programs". Specifically It Is proposed to 

amend 10 CPR Part 810: 

.(1) To withdmw the general authorization presently granted therein for the 

conduct In Free World countrIes or certain activities involving the separation 

of Jsotopes of any source or specIal 

nuclear material and certnln fuel fabrication activities Invol.vIng plutonium; 

(2) To add Cambodia, Laos and South- ern Rhodesia. to the country/area.llst to 

be consistent with other u.s. Government export control regulations; 

23865 

witat' 

E PaXDXA CC ) a .Al'A.l1!a D 

D. A,t,llIId CDam i1cllncilIn 3.1.1 olthI3Appenffi:x,.and 

I-;';''''''ovmJ:e 1llUlU3l~' consmnptlon in 1!tt1"s ~ ~ for"unnnttd;as he:I1ms'Wlthout-an.an:r-

.1UlIrY ~ system willi nam.eplate Input 'LI,OC(l1!\n's-per h!llIrlmd nbaTl.>. 

Pa9'QWu ol unventtdp:ashea1erin 1!tuper hoar a:r :rne:lQIJe& In 2 of this Appendix. 1Ic;=>1IE2~~~ full '!rod emden~ !cr-=tea gns 

I T~ I!l1lcl=y of unvented gas h.."3tetS Is taken asthe rot!!)olncthe::lU~val~illvldclbYgIllS3~valne: 

3.1.3 Un rented gas heateTlf wfth an au:dlfary electrical 31ftttm wfth. lItrmeplate 'i1lpl&t 

15;000 Btu'$ per 71'mr and {lbo!:e. Calcttlltte the 

Q\'erI1{;e annual 'electrical energy consumptIOll, Em:. expressed in kilowatt-hours per 

year ror Q11XflIary electrical energy cOnsumption ror un\'ented gas "heaters, 'defined lIS: 

EaE=PosXEaIPa 

8000 

(3) To add an additional criterion to 

btl used in evaluating activities requiring 

specJ.flc authorization by the Administrator; and 

(4) To revise the reporting requirements. 

The Energy Research and Development 

AdminIstration believes the proposed 

amendments summarized above are nec- essary because of IncreasiDg concern over the possibility that certain sensitive 

nuclear facll1ties being assIsted by U.s. 

persons are not subject to appropriate 

international safeguards. Promulgation 

FEDERAL REGISTER, VOL. 42, NO. "'91-WEDNESDAY, :MAY -11, 1977 

-