17798 Federal Register 

### / Vol. 52, No. 91 / Tuesday, May 12, 1987 / Notices

Office of Assistant Secretary for International Affairs and Energy Emergencies Proposed Subsequent Arrangement

Pursuant to section 131 of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2160) notice is hereby given of a proposed “subsequent arrangement” under the Agreement for Cooperation between the Government of the United States of America and the Government of Sweden concerning Peaceful Uses of Nuclear Energy, and the Additional Agreement for Cooperation between the Government of the United States of America and the European Atomic Energy Community (EURATOM) concerning Peaceful Uses of Atomic Energy, as amended.

The subsequent arrangement to be carried out under the above-mentioned agreements involves approval for the following retransfer: RTD/EU (SW}-73, for the retransfer of 44 grams of uranium, enriched to 2.27 percent in the isotope uranium-235 from Sweden to the United Kingdom Atomic Energy Authority for analysis.

In accordance with section 131 of the Atomic Energy Act of 1954, as amended, it has been determined that this subsequent arrangement will not be inimical to the common defense and security.

This subsequent arrangement will take effect no sooner than fifteen days after the date publication of this notice.

Dated: May 6, 1987. For the Department of Energy. George ). Bradley, )r., Principal Deputy Assistant Secretary for International Affairs and Energy Em ergencies. [FR Doc. 87-10802 Filed 5-11-87; 8:45 am]

BILUNG CODE 6450-01-M

Proposed Subsequent Arrangement

Pursuant to section 131 of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2160) notice is hereby given of a proposed “subsequent arrangement” under the Additional Agreement for Cooperation between the Government of the United States of America and the European Atomic Energy Community (EURATOM), as amended, and the Agreement for Cooperation between the Government of the United States of America and the Government of Switzerland concerning Civil Uses of Atomic Energy, as amended.

This subsequent arrangement would give approval, which must be obtained under the above-mentioned agreements for the following transfer of special nuclear materials of United States origin, or of special nuclear materials produced through the use of materials of United States origin, as follows: From Switzerland to France (Compagnie Generale des Matieres Nucleaires) for the purpose of reprocessing, 108 irradiated fuel assemblies, containing 42,500 kilograms of ur anium enriched to 0.83% in U-235 and 440 kilograms of plutonium from the Gosgen-Daniken power station. This subsequent arrangement is designed as RTD/EU (SD)-61. The Department of Energy has received letters of assurance from the Government of Switzerland that the recovered uranium and plutonium will be stored in France, and will not be transferred from France, nor put to any use, without the prior consent of the United States Government.

In accordance with section 131 of the Atomic Energy Act of 1954, as amended, it has been determined that this subsequent arrangement will not be inimical to the common defense and security.

This subsequent arrangement will take effect no sooner than fifteen days after the date of publication of this notice and after fifteen days of continuous session of the Congress, beginning the day after the date on which the reports required by section 131 of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2160) are submitted to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate. The two time periods referred to above shall run concurrently.

Dated: May 6,1987. For the Department of Energy. George }. Bradley, Jr., Principal Deputy Assistant Secretary for International Affairs and Energy Em ergencies. (FR Doc. 87-10801 Filed 5-11-87; 8:45 am]

BILLING CODE 6450-01-M

Office of Conservation and Renewable Energy

[CAC-003I]
Energy Conservation Program for Consumer Products; Granting of Interim Waiver of Central Air Conditioner Test Procedures From The Trane Co.

AGENCY: Conservation and Renewable Energy Office, DOE.

ACTION: Granting of Interim Waiver.

su mma r y : Today’s notice publishes an “Interim Waiver” for The Trane Company (Trane) of Tyler, Texas, granting the company’s application of March 17,1987, to use an alternate testprocedure for its TWS model variablespeed heat pump from the existing Department of Energy (DOE) test procedures for central air conditioners. This Interim Waiver is for 180 days from issuance, or until the Department makes a decision on the petition for waiver, or until a Final Rule is published, whichever occurs first. The Interim Waiver grants relief from the test procedure as applied to the heating mode of Trane’s TWS variable-speed model series central air conditioners (heat pumps). Trane has also filed a petition for waiver, dated March 10, 1987, from the existing DOE procedures for central air conditioners.

In accordance with paragraph (e) of § 430.27 of the Code of Federal Regulations, the following letter was issued to The Trane Company.

Issued in Washington, DC, April 24,1 987. Donna R. Fitzpatrick, Assistant Secretary, Conservation and Renewable Energy. April 24,1987 Mr. L.E. Chaump, D ealer Products Group, The Trane Company, Troup Highway, Tyler, TX 75711. Dear Mr. Chaump: This is in response to your March 17,1987, Application for an Interim Waiver from the Department of Energy (DOE) test procedures for the heating mode of Thé Trane Company’s (Trane) model TWS heat pump.

Pursuant to the Energy Policy and Conservation Act, as amended, the Department has prescribed test procedures to measure the energy consumption of certain major household appliances, including central air conditioners. The intent of the test procedures is to provide a comparable measure of energy consumption that will assist consumers in making purchase decisions. These test procedures appear in the Code of Federal Regulations at 10 CFR Part 430, Subpart B.

DOE amended the test procedure waiver regulations on November 26,1986, [51 FR 42823] by allowing an application for interim waiver. The amendments added provisions allowing the Assistant Secretary for Conservation to grant an interim waiver for a particular basic model when a petitioner demonstrates the likely success of the petition for waiver, if the applicant will experience economic hardship if the Application for Interim Waiver is denied, and/or the Assistant Secretary determines that it would be desirable for public policy reasons to grant immediate relief pending a determination on the petition for waiver.

Trane has demonstrated the likely success of its Application for Interim Waiver based upon the showing that DOE proposed amendments to existing test procedures to include variable-speed heat pumps on 

### 17798 Federal Registe r / Vol. 52, No. 91 / T uesday, May 12, 1987 / Notices

Office of Assistant Secretary for Internat i onal Affairs and Energy Emergencies
Proposed Subsequ e nt Arrang e ment



### Pursuant to section 131 of t he Atomic Energy Act o f 1954, 

### as amended (42 U.S.C. 2160) notice is hereby given of a proposed "subsequent arrangement" under the Agreement for Cooperal!on between the Government of the United States of Ame rica and the Government of Sweden concerning Peaceful Uses of Nuclear Energy. and the Additional Agreement for Cooperation between the Government of the United States of America and the European Atomic Energy Community (EURATOM) concerning Peaceful Uses of Atomic Energy, as amended.

The subsequent arrangement 

### to be carried out under the above-mentioned agreem e nt:; involves approval for the following relransfor: RID/EU (SW)-73, for lhe retransfer of 44 grams of uranium. enriched lo 2.27 percent in the isotope uranium-235 from Sweden to the United Kingdom Atomic Energy Authority for analysis.

In accordance with section 131 

### of the Atomic Energy Ac t of 1954, as amended, it 

### has been determined that this subsequent arrangement will not be inimical to the common defense and security



### This subsequent arrangement will take effect no sooner than fiftee n days after the date publication of this notice.

Dated: Moy 6. 1987

. For lhc Department of Rnergy. George 

### J

. Bradley, 

### J r. , Princi palDeputyAss istant SPCretary f

or In ternationalAffai rs and Energy Em e rgencies

. 

### IF'R Doc. 87-10802 Filed 

### s-n-a7: 8:45 aml

BILLING CODE 8450-01-M

Proposed Subsequent Arrangeme n t



### Pursuant to section 131 of the Atomi c Energy Act of 1954. as amended (42 

### U.S.C. 2160) 

### notice is hereby given of a proposed "subsequent arrangement" under the Additional Agreement 

### for Cooperation between the Government of
the Uniled States of America and th e European A tomic Energy Community (EURATOM ), as amended. and the Agreement for Cooperation between the Government of the United S t ates o f Amer ica an d the G overnment of S w i tzerl and con cerning C ivil Uses of A tom ic Energy, a s a mended

. This s ubsequen t a rrange men t w ould g i ve 

### app roval

, wh ich mu s t b e obt a ined

und er the above- men ti o ne d agreements for t he follo w i ng t ra n sfer of s p ecial nuclear mater i als of Unite d States origin, or of specia l nuclear materials produced through the use of materials of United States origin. as follows: From Switzerland to F rance (Compagnie Generale des Malieres Nucleaires) for lhe purpose of reprocessing, 108 irradia ted fuel assemblies, containing 42,500 kilograms of uranium enriched to 0.63% in U -235 and 440 kilograms of plutonium from the Gosgen-Daniken power station. T his subsequent arrangement is designed as R ID /EU (SD)-61. The D epartment of Energy h as received letters of assurance from the Government of Switzerland that the recovered uranium and plutonium will be s tored in France. and will not be transferred fro m France, nor put to any
use. without the prior consent of the United States Gov ernment.

In accordance with section 131 of the Atomic Energy Ar.I of 1954. as amended. it has been determined that this subse{Juent arrangement 

### will not be inimical to the common defense and security.

This subsequent arrangement will take effec t no sooner t han fifteen days after the date of publication of this notice and after fifteen days of continuous session of the Congress, beginning the day after the date on which the reports required by section 131 of the Atomic Energy Act of 1 954, as amended (42 U.S.C. 2160) are submitted L o the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate. The two lime periods referred to above shall run concurrently.

Dated: May 6, 19117.

For the Department of Energy. George 

### J

. Br a dley, Jr., Prin c ipalDeputy Assistant Secretary for fnlernalianal Affairs and Energy Emergencies. 

### [F'R Doc. 87-10801 Filed 5-11--67; 8:45 am]

BIL.

UNG COD E 114 50-01- M

Office of Conservation and Renewable Energy
[CAC--0031)
Energy Conservation Program for Consumer Products; Granting of I nterim Waiver of Central Air Conditioner Test Procedures From The Trane Co.

AGENCY: 

### C onser v atio n a nd Re new ab le Energy Offi ce. DOE

. ACTION: 

### Gra ntin g of lnlerjm W aive r

.
SUMMARY: 

### Tod ay' s notice publish es an

" f

nte rim Waiv er" for Th e Trane C ompany (Trane) of Tyler, Texas, granting the company's application of March 17, 

### 1 987, to use an alternate l est procedure for i ts TWS 

### m odel variables p eed hea t pump from t he existing D epartment of E nergy (DOE) lest p rocedures for central air conditioner s. This Interim Waiver is 

### for 180 days fr om issuance. or until the Department makes

a 

### decision on the petition for wei\'er

, or until a Final Rule is published. whichever occurs first. The Interim Waiver gran t s relief from the test procedure as applied to the heating mode of Trane's TWS 

### variable-speed model series cen tral air conditioners (heal pumps]. Trane has also filed 

### a petition for waiver, dated March 10

, 

### 1987. from the existing DOE procedu res 

### for central air conditioners.

I n accordance with paragraph (e) 

### of § 

### 430.27 of the Code of Federal Regulations. the following letter w as 

### issued to The Trane Company

.

Issued in WashJngton. DC. April 24. 1 987. Donna R

. F

it

z p

at

rick

. Assistant Secretary. Conservation and RenewableEnersy

. April 24, 1987
Mr L.E. Chaump. DealerProducts Group. The Trane C ompm1y, Troup Highway. Tyler, TX 7571 I

. Dear Mr

. Chaump: This is in response lo your March 17, 1987, Applicalion for an Interim Waiver from the Department of Energy (DOE) test procedures 

### for the h eeling mode ofThe Trane Company's (Trane) model TWS heat pump.

Pursuant to the Energy Policy and Conservation Act, ns amended

, the Department has prescribed test procetl ures t o

measure the energy consumption of certain major household appliances, including central a ir conditioners. T he intent of t he test procedures is to provide a comparable

measure of energy consumption that w ill assist consumers in making purchase decisions

. These test procedures appea r in the Code of Federal Regulations at 10 CFR Part 430, Subpart B.

DOE amended the test procedure waiver regulations on November 28. 19118. (51 FR 42823) by allowing an application for in lerim waiver. The amcndmenls added provisi o ns allowing the Assistant Secretary for Conservation 

### to grant an interim waiver 

### for II particular basic motlel when a petit i one r demonstrates the likely success of the petition for waiver

, If the epplicanl will experience economic hardship 

### ;r the App lication for Interim Waiver is d e nf ed. and/or th e Assistant Secretary determine s tha t it w ould be desirable for public poli cy
reasons to gran t Immediate relief pendin g a determin a tion on the petition for wai\' e r

.

T rane has demonstrated the likely su ccess of its A pplication for Interim Waiver based

upon th e show ing th a t DOE proposed

ame nd me nts to exi sting tes t p rocedures t u i n clude vari11b le-speed hea t pumps onfederal Register / Voi, 52, No. 91 / Tuesday, M ay 12, 1987 / N otices 17799

October 7,1986 [51 FR 35736} and that the Carrier Corporation (Carrier) was granted a waiver from the Department’s central airconditioner test procedures for its variablespeed heat pump on October 3,1986 [51 FR 35403], DOE concludes that Trane has demonstrated a likelihood of success of its petition for waiver from the Department’s central air conditioner test procedure on the basis that its TWS model heat pump includes design characteristics that prevent testing of the unit according to the prescribed test procedure.

Trane’s Application for Interim Waiver does not provide sufficient information for the Department to evaluate what, if any, economic impact or competitive disadvantage Trane will likely experience absent a favorable determination on the Application for Interim Waiver. Trane merely claims that it “cannot complete the design until a definitive test and rating procedure has been approved. Further delay of the program would cause undue economic hardship." DOE concludes that Trane has not demonstrated that it will experience economic hardship if the Application for Interim Waiver is denied.

The Department finds that it would be desirable for public policy reasons to grant Trane’s Application for Interim Waiver. Specifically, 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, Trane’s Application for An Interim Waiver requesting relief from the DOE test procedures for the heating mode of its TWS line central air conditioning heat pumps is granted,

The Trane Company is authorized to use the enclosed alternate test procedure proposed by Trane in its correspondence (Attachment I) of March 10,1987, for the heating mode of the TWS variable-speed heat pump. According to Trane’s Application for Interim Waiver, the company’s Petition for Waiver, incuding the alternate test procedure, was sent to all known domestic

manufacturers of central air conditioners on March 17,1987. In accordance with section 430.27(c)(2), DOE will consider timely written comments on Trane’s Application for Interim Waiver.

This Interim Waiver shall remain in effect for 180 days from the date of issuance or until the Department of Energy issues a determination on Trane’s Petition for Waiver or the issuance of a final test procedure, whichever ocurs First.

This Interim Waiver is based upon the prescribed validity of statements, allegations, and documentary materials submitted by the applicant. This Interim Waiver may be revoked or modified at any time upon a determination that the factual basis underlying the application is incorrect. Your truly, Donna R. Fitzpatrick, Assistant Secretary, Conservation and Renewable Energy. Attachment I: Details of Rating Method for Variable Speed Products in the Heating Mode

This attachment is a revised version of DOE’s Proposed Rulemaking for 10 CFR Part 430, published in the Federal Register October 7,1986 and only addresses heating rating procedures for variable speed heat pumps. The changes herein are to adapt the proposed procedures to Trane’s interim heating rating method until such time that a final ruling of DOE’s procedures has been made. 

### A irflow rates

Proposed Rulemaking reference: Section 2.1.3, Appendix Ml.

The air flow rate at fan speeds less than the maximum fan speed shall be determined by using the fan laws for a Fixed resistance system. The air flow rate is then given by the ratio of the actual fan speed to the maximum fan speed multiplied by the air flow rate at the maximum fan speed. Minimum static pressure requirements only apply when the fam is running at the maximum speed. Test Procedures: Cycling

Proposed Rulemaking reference: Section 3.1.1, Appendix Ml.

Test procedures shall be as specified in section 5.0 of ARI Standard 210/240- 84 and in section 8.1 ANSI/ASHRAE Standard 116-1983, with the inclusion of the following conditions.

Heating cyclic tests shall be conducted by cycling the compressor “on" for the greater of six (6) minutes or the minimum time allowed by the controls and “o ff’ for four (4) times the “on" time. The method of test shall be the damper method, which is described in the current 10 CFR Part 430, Published December 27,1979 in the Federal Register.

The indoor air moving equipment shall also cycle “o ff’ as governed by any automatic controls normally installed with the unit. Both net capacity and power shall be integrated. The last requirement applies to units having an indoor fan time delay. Units not supplied with an indoor fan time delay shall have the indoor air moving equipment cycle “on” and “o ff’ as the compressor cycles “on” and “off.”

In lieu of conducting heating cyclic tests, an assigned value of 0.35 shall be used for the degradation coefficient. 

### Test Procedures Intermediate Speed

Proposed Rulemaking Reference: Section 3.1.2.

The frost accumulation test shall be conducted at the temperature conditions in Appendix B of ARI 210/240-81.

The unit shall be operated at a constant, intermediate compressor speed (k=Vn). The intermediate compressor speed shall be within 5% of the intermediate speed measured during the intermediate speed test in the cooling mode, Heating Seasonal Performance Factor

Proposed Rulemaking Reference: Section 4.2.

The heating seasonal performance factor (HSPF) shall be expressed in Btu per watt-hour. For each of the six regions specified in Table 2 of this appendix, a separate HSPF shall be determined for the standardized maximum DHR, the standardized minimum DHR and for all other standardized DHR’s (See Table 3 of this Appendix) between the maximum and minimum values.

For air-source units that are equipped with “demand defrost control systems”, the value for HSPF, as determined above shall be multiplied by an enhancement factor, Fdef to compensate for improved performance not measured in the Frost Accumulation Test.

The factor, Fdef depends on the number of defrost cycles in a 12-hour period (n) and should be calculated as follows:

The factor, Fdef depends on the length of the defrost cycle (t) from the frost accumulation test, and shall be calculated as follows: Fdef— 1.03 +0.03*(90-t)/630 for 5 > 90 minutes FFdef=1.03 for t < 90 minutes where t=lengh of the defrost accumulation period in minutes.
Reference Section 4.2.4

HSPF shall be defined as the heating seasonal performance factor (HSPF) as specified in 2.2 of Appendix B of ARI Standard 210/240-84 multiplied by 3.413 Btu/hr in which the number of hours in Jth temperature bin (nj) in the equations for HSPF and for supplementary resistance heat term (RH (tj)) is defined in Table 2 of this appendix and in which the part-load factor (PLF) in the equation for power input (E(tj)) is defined in Section 2.2 of Appendix B of ARI 210/240-84.

The HSPF shall be determined by the method for two speed or two compressor units, as specified in ANSI/ ASHRAE Standard 116-1983 and ARI Standard 210/240-84, and in accordance 

### Federal R egister / Vo l. 52, No. 91 / Tuesday, May 12. 1987 / Notices 

### 17799

October 7, 1986 (51 FR 35736) and that the Carrier Corporation (Carrier) w as granted a waiver from the Department's central air conditioner lest procedures for its variablespeed heat pump on October 3, 1986 (51 FR 35403). DOE concludes that Trane has demonstrated a likelihood of ~uccess of its petition for waiver from the Department's central air conditioner test procedure on the basis that its TWS model heal pump includes design characteristics that prevent testing of the unit according lo the prescribed test procedure.

Trane's Application for Interim Waiver does not provide suffictent informi,IJon for the Department to evaluute what, if any, economic impact or competitive disadvantage Trane will likely experience absent a favorable determination on the Application 

### for Interim Waiver. Trane merely claims lhat it "cannot complete the design until a definitive test and rating procedure has been appro\'ed. Further delay of the program would cause undue economic hardship," DOE concludes that Trane has not demonstrated that it will experience economic hardship if the Application for Interim Wai\'er is denied.

The Department finds that it would be desirable for public policy reasons to grnnt Tmne's Application for Interim Wain•r. Specafically. in those instances where the likely success o f the petition for waiver has bt·en demonstrated based 11pon DOE ha\·in11 granted a waivP.r for a ~imilar product design, it 1s In the public interest to have similar 

### products tested and rated for energy consumption on a compar11ble basis. Therefore. Trane·s Application for An lnhirim Wai\•er requesting reltef from the DOE tf'st procedurc:s for the heating mode of its TWS line c1mtrul air conditioning heat pumps is granted.

The Trane Company ls authorized to use the enclosed altPrnate test procedure propc,sed by Trane in Its correspondence [Attachment 1) of March 10, 1987, for the h~aling mode of the TWS variable-speed heat pi..mp. According lo Trane's Application for Interim Wmver. the company's Petilion for Waiver, incud1ng the ahem.ate test procedure, was sent to all known domestic manufacturers of central ai, conditioners 

### on Murch 17, 1987. In accordan~e with section 4J0.27(c)l2), DOE 

### will consider timely written
comments on Trane's Application for Interim \\

' uivi:r,
This Interim \.\'a1ver shall remain in effect for 100 da\'s from the date of issuance or until the Oepnriment of Energy issues a determination on Trene's Petition for Waiver

or the issu1mce of a final test procedure, whichever ocurs first.

This Interim Wai\'er is bused upon the prescribed validity of statements, allegations, and documentary mll.terials submitted by the applicant. This Interim Waiver may be revoked or modified at any time upon a determination that the factual basis underlying the applicetoon is incorrect. Your truly,
Donna R. Fitzpatrick, 

### Assistant SecretOrJ', Consen 1

### olion and 

### Re11P.wable Enersy,

Attachmen t I : D etails o f Rating Method 

### for V ariable S peed Produ ct s 

### in the Hea ti ng Mode



### This attachment is a 

### revised version of DOE's Proposed Rulemaking for 10 

### CFR Part 430, published in the Federal Registe r 

### October 7, 1906 

### and only addresses healing rating procedures for variable speed heo t 

### pumps. The changes herein are to adapt the proposed procedures to Trane's interim heating rating method until such time that a final 

### ruling ofDOE's procedures has been 

### made.

Air flow rates Proposed Rulemaking reference: Section 2.1.3, Appendix Ml.



### 1 he air flow rate at fan speeds less than the maximum fan speed shall be determined by using the fan laws for a fixed resistance system. The air flow rate is then given by the ratio of the actual fan speed to the maximum fan speed multiplled by the air flow rate at thP. maximum fan 

### speed. Minimum static pressure requirements only apply when the frun is running al the maximum speed.

Test Procedures: Cycling



### Proposed Rulemaking reference: Section 3.1.1, 

### Appendix Ml.



### Test procedures shall be as specified in section 5.0 

### of ARI 

### Standard 210/240- 84 

### and in section 8.1 

### ANSI/ASHRAE Standard 116-1983, 

### wllh the inclusion of the following conditions.

Heating cyclic tests shall be conducted by cycling the compressor "on" for the greater of six (6) 

### minutes or the minimum lime allowed by the controls and "ofr• for four (4) 

### limes the "on·• time. The method of lest shall be the damper method, which is described in 

### the current 10 CFR PaM 430, 

### Published December 27, 1979 

### in the Fede ral Register.



### The indoor air moving equipment shall also cycle "ofr' as governed by any automatic controls normally installed with the unit. Both net capacity and power shall be integrated. The last requir ement applies to units having an indoor fan time delay. Units not supplied with an indoor fan time delay shall have the lndoor air moving equipment cycle "on" and "off' as the compressor cycles "on" and ·•off."

In lieu o f conducting heating cyclic tests, an assigned value of 0.35 

### shall be used for the degradation coefficient. 

### Test Procedures
Intermediate Speed

Proposed Rulemaking Reference: Section 3. 1 .2.

The frost accumulation test shall be conducted at the temperature conditions in Appendix B 

### of ARI 210/240-81.

The unit shall be operated al 

### a constant
, intermediate compressor speed (k=Vn). The intermediate compressor speed shall be within 5% 

### of the intermediate speed measured during the intermediate speed test in the cooling mode. Heating Seasonal Performance Factor

Proposed Rulemaking Reference: Section 4.2.



### The healing seasonal performance factor (HSPFJ shall be expressed in Btu per watt-hour. For each of the six regions specified in Table 2 

### of Uiis aprendix, a separate 

### HSPF' shall be determined for the standardized maximum 

### OHR, the standardized minimum 

### DI IR and for 

### all other standardized DHR's (See Table 3 

### of Ibis Appendix) between the maximum and minimum values.

For air-source unit~ that are equipped with "demand defrost control systems'', the \'alue for HSPF, as dt!tcrmined above &hall be multiplied by an enhanr.ement factor, Fd•r 

### to compensate for impro,·ed performance not measured 

### in the Frost Accumulation Test.

The factor, FMr depends on the number or defrost cycles in a 12-hour period (n) an<l should be calc11lated as follow~:

The factor, Fd,r d!'pends on the length of the defrost cycle (ti from the frost 

### accumulation lest, and shall be calculated as follows:
F~.,-t.03+ 0.03'(90-l)/G:J0 for 5> 90 minutes FF

a«= 1 03 fort 

## < 90 minutes where t=lengh of the defrost accumulation period in minufl!S.


### Reference Section 4.2.4



### HSPf shall 1,e defined 

### as the healing seasonal performance factor (I-ISPF) 

### as specified in 2.2 of Appendix D of ARI Standard 210/240-84 multiplied by 3.413 

### Btu/h, in v.hich the number of 

### hours in 

## J ' h 

### temperature bin (n,) 

### in the equations for f 

### !SPF and for supplementary resh,tance heat term 

### (RI I (t,)) 

### is defined in Table 2 

### of this appendix and in which the part-load fac tor (PLF) 

### in the equation for power input (E(t1)) is 

### defined in Section 2.2. of 

### Appendix B 

### of ARI 210/2-10-84.

The HSPF shall be determined by the method for two speed or two compressor umts, as specified in ANSI/ ASHRAE Standard 116-1983 

### and ARI Standard 210/240-84. and in accordance17800 Federal Register / Y ol. 52, No. 91 / Tuesday, M ay 12, 1987 / Notices

with the following changes. The DHR shall be determined by heating capacity at 70-47/43, nominal compressor speed, using Table 6.2.6 in ARI 240-81 as defined in ARI 210/240-84 Appendix A. '‘Nominal” shall be defined as the lessor of the heating capacity at the maximum compresor speed allowed by the controls in the cooling mode or the maximum speed allowed by the controls in the heating mode.

The capacity for the unit modulating at the intermediate compressor speed (k==v) at any temperature (t}) is determined by:

<3k" V< * q k* v (3 5 J ♦ M q ( t j - 35)

where: qk*v(35) * the capacity of the unit at 35*F determined at the intermediate compressor speed (k*v) in the frost aceunuTation test

M

q * slope of the capacity curve for the intermediate compressor speed (k*v)

Qk a l ws s (62) - Q**1 uss (47)

62 - 47

+ M Qk* 2 uss (47) - Qk’ 2 ws s
47 - 17

0 k«v

vss (35) - o r,1 (35)
Qk*2 U3S (35) - o r,1 (35)

Once the equation for q^*v (t< ) ^as bsen determined, the temperature where q* v(tj)* B L (tj) can be .found. This temperature is designated as A separate ty^ shall be determined for each design heating requirement.
The e le ctrica l power for the unit operating at the intermediate compressor speed (k-v) and at the temperature (tyH) is determined by:

£ s s V * Es s V ( 3 5 > ♦ m£ U v h - 35) 

### 17800 Federal Register / Vol. 52, No. 91 / Tuesday, 

### May 12. 1987 / Notices

with the following changes. The DHR shall be determined by heating capacity at 7()-47 

### /43, nominal compressor speed, using Table 6.2.6 in ARI 240-81 as defined in ARI 210/24~ Appendix A. "Nominal" shall be defined as the lessor of the heating capacity at the maximum compresor speed allowed by the controls in the cooling mode or the maximum speed allowed by the controls in the heating mode.

The capacity for the unit modulating
at the intermediate compressor speed (k=v) at 

### any temperature (ti) 

### is determined by:

where: qk•v(35) • the capacity of the unit at 3S"F 

### deter~ined at the intermediate compressor speed (k•v) 1n the frost acc1111ulatlon test

Mq • 

### slope of the capacity curve for the intermediate compressor speed (k•v)

ok•l 

### (62) k• l (47)



### ss - Oss 

## • ( l

- ~q> M •

q 62

- 

### 47

k•2 (4 7 I 1t•2 (17) 

### Oss

- Oss

+ 

### Nq 47

- 17

ok.•v 

### (H)

- ok."'l ()5)



### ss ss N

,.



### _ ok• l

q ok•l (35l 

### (35) 

### ss ss

Once th~ equat,on for qk•v (t1) has been determined, the temperature where qE•"(tj)•BL(tj) can be found. This temperature Is designated as tvH· A separate 

### tvH Shall be 

### determined for each design heating requirement.

The electrical power for the unit operating at the lntel'IDedlate c0111pressor speed {k•v) 

### and at the tl!!llperature (tvHl 1s determined by:Federal Register / Vol, 52, No. 91 / Tuesday, M ay 12, 1987 / Notices 17801

where: E*c*v (35) * the e le ctrica l power Input of the unit ss at 35*F determined at the Intermediate compressor speed (k*v) 1n the frost accumulation te st

M

£ ■ slope of the e le ctrica l power Input curve for

the Intermediate compressor speed (k»v)



### E « 1 <«> * E ^ 1 (47) *E •

----------------------------------------- . (1 

### 62 - 47 Ne )

e 

### |£? (47) - B » ;2 ,1 7 ) ♦ Ne* ■■■ ■■

—

■ » — ■ ■■■■■ » ■■ » ■ - ! ■ i.,..— ■■

■

. 

### 47 - 17

N . E» 7 (3S| * E s » 1 < » )


### E 

### & 2 ( 

### 35 ) - E 

### *;1 ( 

### 35 )

The following section replaces Case II In Section 2,2 of ARI 210/240-84.

Case II

W

hen the compressor speed varies between maximum speed (k*2) and minimum speed (k*l) such that k-v to sa tisfy the building load at temperature t j , evaluate the following equations: J

qssV ( t j * * BL ( t j*

where: q£“v ( t j ) « stead y-state capacity delivered by the unit at any speed between the minimum and maximum compressor speeds at temperature t j



### Federal Register / Vol. 52, No. 91 / Tuesday, May 12, 1987 / Notices

where: Ekav (35) • the electrical power input of the unit

ss 

### at 35•F determined at the intermediate compressor speed (k•v) fn the frost accumulation test



### ME• slope of the electrical power Input curve for the intermediate compressor speed (k•v)

£k•l 

### (62)

_ £le• l ( 47)



### ss ss 

# "t. • (1 • HE) 

### 62 -47



### Ek•2 (47)


### _ tk•2 (17) 

### + He 

### sa ss
47

- 17



### Ek•v 

### (35)
_ Ek• l (35) 

### Ne • ss 

### ss i::k•2 (35)

_ tlt•l



### ss ss (3S)



### The following section replaces Case 

### II in Section 

### 2.2 of 

### ARI 210/240-84.

C

ase I I

When the compressor speed varies between maximum speed (k•2) and minimum speed (k• l) such that k•v to satisfy the building load at temperature tJ• evaluate the following equations:

where: q~;v (tj) • steady-state capacity delivered by the unit at any speed between the minfm1111 and maximum compressor speeds at temperature 

### tJ 

## 1780117802 Federal Register / Vol. 52, No. 91 / Tuesday, May 12, 1987 / Notices

when

jr«v |r*v E«*

e« 1 (t3> - ES;v < w ♦

---- f

----- ”

--- — - — * <t* - tvH)

. *3 " V h

where: E 8 "v (t.i) • the electrical power input required by the J unit at temperature t* and at a variable compressor speed between the mi nimum and maximum compressor speeds

ka v E ss “ the electrical power input required by the unit at temperature tyu and at the intermediate compressor speed (k*v 

## ), as determined above

|ta 1 E (t*) * the electrical power input required by the unit at temperature t* and at the minimum compressor speed

tj * temperature at which q88* (tj) * BL(tj)

when t^ty,,

kao *.« *« j> ■ES . “ v h '

E« 2 - E5 i V <‘ VH> . . . ♦

------------------------ * (tVH « tj)
*VH * *4

where: E (t4) ■ the electrical power input required by the

unit at temperature t^ and at the m aximum
compressor speed It* 2 t4« temperature at which q 8 8

For units that are equipped with “demand defrost control systems,” the value for HSPF, as determined above, shall be multiplied by an enhancement factor of Faef, as defined above, to compensate for improved performance not measured in the Frost Accumulation Test. 

### Annual Perform ance Factor

DOE Proposed Rulemaking: Section 4.3. (tj) ■ BL<tj*

The annual performance factor (APF) shall be expressed in Btu per watt-hour. For each of the six regions in Table 2 of this appendix, a separate APF shall be determined for the standardized maximum DHR, the standardized minimum DHR and for all other standardized DHR’s (See Table 3 of this appendix) between the maximum and minimum values, APF shall be defined

as: 

### 17802**♦**



### where: 

### Federal Register / Vol. 52, No. 91 / Tuesday, May 

### 12. 1987 / Notices

E:; 1 (t3l

- 

# E~;v (tvH>

t3

- tv11



### the ele~trical power 

### input r~uired by 

### the unit at temperatur• ti 

### and at a variable 

### compressor speed 

### between the 

### ~inimu• and maximu• co•pressor speeds

k•v & 59 (ty 8 J • 

### th• electrical power input required by 

### the unit at teiaperature tvH and It the intermediate compressor speed (k•v), 

### as 

### determined above

the electrical power input rrquired by 

### the unit at temperature t 3 

### and at the mintmu~ compressor sp•ed

k•l 

### t 3 • 

### temperature at which q 19 

### (tjl • BL(tjl

w!'len tj<'.tva

k•v k•v 

### £ 19 

### (tj) • £ 11 

### (tyKI**♦** 

# i:; 2 (t 

### 4 1

- 

# t:;v (tvKI

where: £ 11

• 

### 2 tt) • the electrlcal power 

### input required by 

### t~e 

### ss ' unit at temperature t 

### 4 and It 

### the max1mu~ 

### compressor speed

t 

### 4 • temperature at which 

# q:; 2 (tj) • 

### IL(tj)



### For units that are equipped with "demand defrost control systems," the value for 

### HSPF

, as determined above, shall be multiplied by an enhancement factor of 

### Fe!,{, as defined above, to compensate for improved performance not measured in the Frost Accumulation Test.


### AnnualPerformance Factor DOE 

### Proposed Rulemaking: Section 4.3. 

### The annual performance factor (APF) 

### shell be expressed in Btu per watt-hour. For each of the six 

### regions in Table 

### z of this appendix, 

### a separate APP 

### shall be determined for the standardized maximum OHR, 

### the standardized minimum 

### OHR and for ell other standardized DlIR's 

### (See Table 3 

### of this appendix) between the maximum 

### and minimum values. 

### APF shall be defined

as:

### Federal Register 

### / Voi. 52, No. 91 / Tuesday, May 12, 1987 / Notices 17803

APF fCLH • 0 SS(95)| ♦(HLH * DHR • CJ
CLH • Qs s (9S)

SEER HLH • DhR * 'C

HSPF

where:
CLH « cooling load hours for a specific location as reported in Figure 1 of th is appendix

Qs s (95 ) » Steady state capacity as measured in Test A

H

LH ■ heating load hours for a specific location as reported in Figure 2

- of this appendix

DHR * standardized design heating requirement

C ■ adjustment factor which serves to adjust the calculated design heating load hours to the actual heating load hours experienced by a heating system and is 0.77
SEER • seasonal energy efficiency ratio as determined by 4.1 of this appendix
HSPF • heating seasonal performance factor as determined by 4 .2 of this appendix

T abl e 2.—D is t r ib u t io n o f T e mpe r a t u r e B in H our s for C o o l in g

Bin No. Ö) Representative bin temperature (Tfl Temperature bin hours for each region

1 B ID IV V VI

1 62 218 268 268 297 291 311 2 57 179 236 248 250 253 566 3 52 145 204 241 232 236 591 4 47 97 179 240 209 209 561 5 42 61 140 236 225 214 388 6 37 31 110 206 245 239 209 7 32 14 70 161 283 280 94 e 27 4 30 82 196 258 22 9 22 1 10 37 124 204 8 10 17 0 3 16 81 151 0 11 12 0 0 9 58 129 0 12 7 0 0 4 29 105 0 13 2 0 0 2 14 80 0 14 -3 0 0 0 5 50 0 15 - 8 0 0 0 2 28 0 16 -13 0 0 0 0 14 0 17 -1 8 0 0 0 0 6 0 18 -23 0 0 0 030

Tabl e 4.—R eg io na l C o o l in g Load H our s

(CLH), H ea t in g L oad H our s (HLH), O u t -
door D e s ig n T e mpe r a t u r e (Tod) and M ean G r ound -Wat er T e mpe r a t u r e 0TM)

Region CLH HLH •OD Tw)

I

.......... 2,400 750 37 72 II..... 1,800 1,250 27 68 Ill

....... .... 1,200 1,750 17 62 IV

___ 800 2,250 5 53 V

............ 400 2,750 -1 0 45 VI

_____ — —--------------------_J 200 2,750 30 55

[FR Doc. 87-10377 Filed 5-11-87; 8:45 am]

BILLING CODE 6450-01-M Economic Regulatory Administration

[Docket No. ERA C&E-87-27; OFP Case No. 63031-9355-20, 21-24]
Acceptance of Petition for Exemption and Availability of Certification by Gentex/TSG Joint Venture

agency : Economic Regulatory Administration, DOE.

a c t io n : Notice of acceptance.

SUMMARY: On January 29,1987, Gent ex/ TSG Joint Venture (Gentex) filed a petition with the Economic Regulatory Administration (ERA) of the Department of Energy (DOE) requesting a permanent cogeneration exemption for a combined cycle cogeneration facility, from the prohibitions of Title II of the Powerplant and Industrial Fuel Use Act of 1978 (42 U.S.C. 8301 

### et seq .) (“FUA” or “the Act”). The facility will generate approximately 100 MW of electrical power.

Title II of FUA prohibits both the use of petroleum and natural gas as a primary energy source in any new powerplant and the construction of any such facility without the capability to use an alternate fuel as a primary energy source. Final rules setting forth criteria and procedures for petitioning for exemptions from the prohibitions of Title II of FUA are found in 10 CFR Parts 500, 501, and 503.

Final rules governing the congeneration exemption were revised on June 25,1982 (47 FR 29209, July 6, 1982), and are found at 10 CFR 503.37.

ERA has determined that the petition appears to include sufficient evidence to support an ERA determination of the exemption request and it is therefore accepted pursuant to 10 CFR 501.3. A review of the petition is provided in the
“SUPPLEMENTARY INFORMATION ” section below.

As provided for in sections 701 (c) and (d) of FUA and 10 CFR 501.31 and 501.33, interested persons are invited to submit written comments in regard to this petition and any interested person may submit a written request that ERA convene a public hearing.

The public file containing a copy of this Notice of Acceptance and Availability of Certification as well as other documents and supporting materials on this proceeding is available upon request through DOE, Freedom of Information Reading Room, 1000Independence Avenue SW., Room 1E190, Washington, DC 20585, from 9:00 a.m. to 4:00 p.m., Monday through Friday, except Federal holiday.

ERA will issue a final order granting or denying the petition for exemption from the prohibitions of the Act within six months after the end of the period for public comment and hearing, unless ERA extends such period. Notice of any such extension, together with a statement of reasons therefor, would be published in the Federal Register.

d a t es : Written comments are due on or before June 28,1987. A request for a public hearing must be made within this same 45-day period.

a d d r esses : Fifteen copies of written comments or a request for a public hearing shall be submitted to: Case Control Unit, Office of Fuels Programs, Room GA-093, Forrestal Building, 1000 

### Federal Register / Vol. 52, N o. 91 / Tuesday

. May 12

, 1987 / Notices 

## 1 7803

wher e :


### CLH 

## •

Q

ss (95) •


### H

LH 

## •

O HR 

# .

C 

# .

S EER 

## •

HS PF 

## •

e.n No

. 01

1 2 3
4 

### s 6 7 8 9



### ,o 1 1 12 13 1• 15 16 17 18 APF • 

### (CL H • 0 

### 55 (95 ) 1 + 

### I HLH •OH R• 

### C J

Cl.H • Q

### 55 (9SJ

SEER 

### HLH • 

### DhR 

## • · c**♦-------** HSPF



### coo l ing l oad hOu rs f or a 

### sp ec i f i c l oc ation as r ep o

r t ed in Fi g ure 1 of this appendix Steady sta t e capacit y as measured in Test A



### h

eat i ng load hours for I 

### specif i c location as reported In Fi gure 2 of this appendh

standardized destgn heating requ i rement adjustment factor which serves to a d just the ca l cu l ated des i gn heating load hours to the actual heating load hours eAper len ced by a heating systet1 and is 0.77

seasonal energy efficiency rat i o as deter•ined by 4.1 of th i s appendix
heating seasonal perfor•a,ice factor as detel'lllined by 4.2 of t hi s appendix

TABLE 2-DtSTR I BUTtON OF TEM PERATURE BIN H O U RS FOR Coo LING

~tatlYe Tempe,a1u,e bin t>ours k>r each reg,oo bln

~ aluf e (Tll I n Ill IV V 111

62 218 268 268 297 291 57 179 236 248 250 253 52 

### u s 20-4 241 232 236 47 97 179 2'° 209 209 42 6 1 140 238 225 21 4 37 3 1 110 206 24S 239 32 14 70 161 283 280 27 4 30 82 196 256 22 

# ' 10 37 124 20-4 17 0 3 16 81 1 51 12 0 0 9 58 1 211 7 0 0 4 29 105 2 0 0 2 14 80

- 3 0 0 0 5 60 -8 0 0 0 2 28 -13 0 0 0 0 H

18 0 0 0 0 6 23 0 0 0 0 3 311 566 591 561 388 209 94 22 8 0 0 0 0 0 0 0 0 0

TAB LE 4. -R EGIONAL CooLI NG L O AD HOURS Economic Regulatory Administration

(CLH), H EATING L OAD H OU RS (H LH )

, OUTDOOR DES I GN T EM PERA TU RE (Tool AN O MEAN I Docket No

. ERA C&E-87-27; OFP Case No

. GROUND-WATER TE M PERATURE (T,w) 63031-9355-20 , 21-241

Regoon CLH HLH T..,



# '

-··- 2.400 750 37 ti 1 .800 1.250 2, Ill


# ·- 1,200 1.750 1 7 IV



### ... . ...- ..... ... ....**~**

### ... 800 2250 5 II 400 2.750

- 10 Ill



## ----··· --·~ 

# .... 200 2.750 30

i

[FR Doc. 87-10377 Flied 5-11-87; 8:45 am)

BILLING C O O£ 6450-0 1-M T.)

72 68 62 53 •5 5~ Acceptance of Petition for Ex e mption and Avallablllty of Certification by Gentex / TSG J oint Ventu r e

AGENCY : Economic Regulatory Administration, DOE.

ACTION : Notice of acceptance.

SUMMARY: On January 29. 1987, Centex/ TSG Joint Venture (Centex) filed a peti tion with the Economic R egulatory Administration (ERA) of the Department of Energy (DOE) requesting a permanent cogeneration exemption for a combined cycle cogeneration facility, from the prohibitions of Title 

### II of the Powerplant and Industrial Fuel Use Act of 1978 (42 U.S.C. 8301 et seq.) ("FUA" or "the Act"). The facility will generate approximately 100 MW of electrical power

.

Title 

## n of PUA prohibits both the use of petroleum and natural gas as a primary energy source in any new powerplant and the construction of any such facility without Lhe capability to

use an a lternate fuel as a primary
energy source. Final rules selling forth criteria and procedures for petitioning for exemptions from th e prohibitions of Title 

### II o f FUA are found in 

### 10 CFR Parts 500, 501. and 503.

Fina l rules governing the congeneration exemp tion w ere revised

on June 25, 1982 ( 47 FR 29209. July 6, 1982), and are found a t 10 CFR 503.37

.

ERA h as determin ed that the p etition

a ppears t o include su ffi cie nt evide n ce t o support an ER A determination of lhe

exem ptio n re q u es t a n d it is t h erefore accepted p ursuan t to 10 CFR 501.3. A revie w o f the peti tion is p rov ided i n th e "SUPPLEMENTARY INFORMATION " section be lo w

.

As pro vided for in s ectio n s 701 (c) and (d) of FU A and 10 C FR 501.31 a n d 501 .33, interested persons are i n vited lo submit wri tte n commen ts i n regard to thi s p etitio n a n d any interested person may submit a w ritten request tha t ERA

convene a public h ea ring.

T he p u blic file con taini n g a copy o f this N otice of Acceptance and Availability of Certification as well as oth er doc u ments a n d supporting materials on this proceeding is available upon request through DOE, Freedom of Information Reading R oom. 1000 I ndependence Avenue SW., Room 1E1 90, Washington, DC 20585. from 9:00

a.m. lo 4 :00 p.m

.. Monday through Friday. except Federal holiday.

ERA will issue a fina l order granting

or denying the petition fo r exemption from the prohibitions of the Act within six months after the end of the period for public comment and hearing. unless ERA ex tends such period. Notice of any such extension, together with a statement of reasons therefor. would be published in the Fede ral Register.
DATES: Written comments are due on or before June 26, 1987. A request for a public hearing must be made w ithin this

same 45-day period.

ADDR ESS ES: Fifteen copies of written

commen t s or a request for a public hearing shall be submitted to: Case Control Unit, Office of Fue ls Programs. Room GA--093. Forrestal Building

. 1000

### 17804 Federal Register 

### / Vol. 52, No. 91 / Tuesday, May 12, 1987 / Notices

Independence Avenue SW., Washington, DC 20585.

FOR FURTHER INFORMATION CONTACT: Frank Duchaine, Coal & Electricity

Division, Office of Fuels Programs, Economic Regulatory Administration, 1000 Independence Avenue SW., Washington, DC 20585, Telephone (202) 586-8233. Steven E. Ferguson, Esq., Office of

General Counsel, Department of Energy, Forrestal Building, Room 6A - 113,1000 Independence Avenue SW., Washington, DC 20585, Telephone (202) 586-6947.

SUPPLEMENTARY INFORMATION: Gentex proposes to construct a combined cycle cogeneration facility at Bayport, Harris County, Texas. This proposed cogeneration facility called the Bayport Congeneration Facility, will consist of two natural gas-fired General Electric Frame 6 turbines, two unfired heat recovery steam generators, two supplementary firing HRSC duct burners, and one automatic extraction, condensing steam turbine. All of the electricity produced by the facility will be sold to Texas Utilities Electric Company.

Section 212(c) of the Act and 10 CFR 503.37 provide for a permanent cogeneration exemption from the prohibitions of Title II of FUA. In accordance with the requirements of § 503.37(a)(1), Gentex has certified to ERA that:

1. The oil or gas to be consumed by the cogeneration facility will be less than that which would otherwise be consumed in the absence of the proposed powerplant, where the calculation of savings is in accordance with 10 CFR 503.37(b); and

2. The use of a mixture of petroleum or natural gas and an alternate fuel in the cogeneration facility, for which an exemption under 10 CFR 503.38 would be available, would not be economically or technically feasible.

On May 22,1986, DOE published in the Federal Register (51 F R 18866) a notice of the amendment to its guidelines for compliance with the National Environmental Policy Act of 1969 (NEPA). Pursuant to the amended guidelines, the grant or denial of a cogeneration FUA permanent exemption is among the classes of actions that DOE has categorically excluded from the requirement to prepare an Environmental Impact Statement or an Environmental Assessment pursuant to NEPA (categorical exclusion).

This classification raises a rebuttable presumption that the grant or denial of the exemption will not significantly affect the quality of the human environment. Gentex has certified that it will secure all applicable permits and approvals prior to commencement of operation of the new unit under exemption.

DOE’s Office of Environment, in consultation with the Office of General Counsel, will review the completed environmental checklist submitted by Gentex pursuant to 10 CFR 503.13, together with other relevant information. Unless it appears during the proceeding on Gentex’s petition that the grant or denial of exemption will significantly affect the quality of the human environment, it is expected that no additional environmental review will be required.

The acceptance of the petition by ERA does not constitute a determination that Gentex is entitled to the exemption requested. The determination will be based on the entire record of this proceeding, including any comments received during the public comment period provided for in this notice.

Issued in Washington, DC, on May 5,1987. Robert L. Davies, Director, O ffice of Fuels Programs, Economic Regulatory A dministration. [FR Doc. 87-10805 Filed 5-11-87; 8:45 am]

BILLING CODE 6450-01-M

[Docket No. ERA C&E-87-45; OFP Case No. 64017-9365-20-24]
Acceptance of Petition for Exemption and Availability of Certification by L’Energia, Inc.

agency : Economic Regulatory Administration, DOE.

a c t io n : Notice of Acceptance.

SUMMARY: On March 20,1987, L’Energia, Inc. (L’Energia or petitioner) filed a petition with the Economic Regulatory Administration (ERA) of the Department of Energy (DOE) requesting a permanent exemption from the provisions of the Powerplant and Industrial Fuel Use Act of 1978 (“FUA” or “the Act”) (42 U.S.C. 8301 

### et seq.) for a combined-cycle, natural gas fired cogeneration plant to be located in Lowell, Massachusetts. Title II of the Act prohibits the use of petroleum or natural gas as a primary energy source in a new powerplant and prohibits the construction of any facility without the capability to use an alternate fuel as a primary energy sources. The exemption petition was based on cogeneration. Final rules containing the Criteria and procedures for petitioning for exemptions from the prohibitions of Title II of FUA are found in 10 CFR Parts 500, 501, and 503. Final rules setting forth criteria and procedures were revised on June 25, 1982 (47 FR 29209, July 6, 1982), and are found at 10 CFR 503.37.

ERA has determined that the petition appears to include sufficient evidence to support an ERA determination on the exemption request and it is therefore accepted pursuant to 10 CFR 501.3. A review of the petition is provided in the
“SUPPLEMENTARY INFORMATION” Section below.

As provided for in sections 701(c) and (d) of FUA and 10 CFR 501.31 and 105.33, interested persons are invited to submit written comments in regard to this petition and any interested person may submit a written request that ERA convene a public hearing.

The public file containing a copy of this Notice of Acceptance and Availability of Certification as well as other documents and supporting materials on this proceeding is available upon request through DOE, Freedom of Information Reading Room, 1000Independence Avenue, SW., Room 1E190, Washington, DC 20585, from 9:00 a.m. to 4:00 p.m., Monday through Friday, except Federal holidays.

ERA will issue a final order granting or denying the petition for exemption from the prohibitions of the Act within six months after the end of the period for public comment and hearing, unless ERA extends such period. Notice of any such extension, together with a statement of reasons therefor, would be published in the Federal Register.

dat es : Written comments are due on or before June 26,1987. A request for a public hearing must be made within this same 45-day period.

ADDRESSES: Fifteen copies of written comments or a request for a public hearing shall be submitted to: Case Control Unit, Office of Fuels Program, Room GA-093, Forrestal Building, 1000 Independence Avenue, SW, Washington, DC 20585

Docket No. ERA C&E-87-45 should be printed on the outside of the envelope and the document contained therein.

FOR FURTHER INFORMATION CONTACT: Frank Duchaine, Coal & Electricity

Division, Office of Fuels Programs, Economic Regulatory Administration, 1000 Independence Avenue, SW. Room GA-093, Washington, DC 20585, Telephone (202) 586-8233 Steven E. Ferguson, Esq., Office of

General Counsel, Department ofEnergy, Forrestal Building, Room 6A113,1000 Independence Avenue, SW., Washington, DC 20585, Telephone (202)586-6947 

## 17804 Fed eral R egister / Vol. 52, No. 91 / Tuesday, May 12, 1987 / Notices

Independence Avenue SW., Washington, DC Z0585.

FO R F U RT HER INFORMATION CONTACT: 

### Frank Duchaine. Coal & 

### Electricity

Division, Office of Fuels P rograms, Economic Regulatory Administration. 1000 Independence Avenue SW., Washington, DC Z0585, Telephone (202) 586-8233. Steven E. Ferguson. Esq., Office of

General Counsel. Department of Energy, Forrestal Building, Room 6A113, 1000 

### Independence Avenue SW., Washington, DC Z0585. Telephone (202) 586-6947
SUP P LEMENTAR Y IN FOR MAT I ON: 

### Centex proposes to construct a combined cycle cogeneralion facility al 

### Bayport, Harris 

### County, Texas. This proposed cogeneralion facility called the Bayport Congeneration Facility, will consist of two natural gas-fired General Electric Frame 6 Lurbmes, two unfired heat rP.covery steam generators. two supplementary firing HRSC duct burners, and one automatic extraction, condensing steam turbine. 

### All of the electricity produced by the facility 

### will be sold to Texas Utilities Electric Company.

Section 212(c) of the Act and 10 

### CFR 503.37 provide for a 

### permanent cogeneralion exemption from the prohibitions of Title U 

### of FUA. 

### In accordance with the requirements of § 

### 503.37(a)(1), Gentex has certified to ERA 

### that:

1. The oil or gas to be consumed by the cogeneralion facility will be less than that which would otherwise be consumed in the absence of the proposed powerplant, where the calaculation of savings is in accordance with 10 CFR 503.37(b): and

2. The use of a mixture of petroleum

or natural gas and an alternate fuel in the cogeneration facility. for which an exemption under 10 CFR 503.38 would he available, would not be economically

or technically feasible.

On May 22, 1986, DOE published in the Federa l Regis t er (51 FR 18866) a notice of the amendment to its guidelines for compliance with the National Environmental Policy Act of 1969 (NEPA). Pursuant to the amended guidelines, the grant or denial of a cogeneration FUA permanent exemption is among the classes of actions that DOE has categorically excluded from the requirement lo prepare an Environmental Impact Statement or an Environmental Assessment pursuant lo NEPA (categorical exclusion).

This classification raises a rebullable presumption that the grant or denial of the exemption will not significantly affect the quality of the human environment. Centex has certified that it 

### will secure all applicable permi ts and approvals prior to commencement of operation of the new uni t under exemption.

DOE's Office of Environment, in consultation with the Office of General Counsel, 

### will review the completed environmental checklist submitted by Centex pursuant to 10 CFR 503.13, together with other relevant information. Unless it appears during the proceeding

on Gentex·s petition that the grant or denial of exemption will significantly affect the quality of the human environment, it is 

### expected that no additional environmental review will be required.

The acceptance of the petition by ERA does not constitute a determination that Centex is entitled to the exemption requested. The determination 

### will be based on the entire record of this proceedmg. including any comments received during the public comment period provided for in this notice.

Issued m Washington DC, on May 5, 1987. Robert L. Davies, Director. Office of Fuels Programs, Economic 

### Regulatory Administration. (FR Doc. 87-10805 Filed 5--11-87; 8:45 am]

BIi.UNG COOE 

### e,so-o 1-M

[ D ocket No

. ERA C&E-8 7-4 5; OFP C a se No

. 640 1 7-9 365-20-24!
Accepta nce of Petiti on fo r Exemption and Ava i lability of Certifica t ion by L ' Ener gla, 

### Inc.

AG E NCY : 

### Economic Regulatory Administration, DOE.
ACTION : 

### Notice of Acceptance.

S U MM A RY : 

### On March 20, 1987. L'Energia, Inc. (L'Energia or petitioner) filed a petition with the Economic Regulatory Administration (ERA) 

### of the Department of Energy (DOE) requesting a permanent exemption from the provisions of the Powerplant and Industrial Fuel Use Act of1978 (''FUA" or "the Act") (42 U.S.C. 8301 et seq.) 

### for a combined-cycle, natural gas fired cogeneration plant to be located in Lowell, Massachusetts. Title II of the Act prohibits the use of petroleum or natural gas as a primary energy source in a new powerplant and prohibits the construction of any facility without the capability to use an alternate fuel as a primary energy
sources. The exemption petition was based on cogeneration. Final rules containing the Criteria and procedures fo r petitioning for exemptions from the prohibitions of Title II of FU A are found in 10 CFR Parts 500. 501. and 503. Final rules setting forth criteria and procedures were revised on J une 25, 1982 (47 FR 29209, July 6, 1982], and are found at 10 CFR 503.37.

ERA has determined that the petition appears to include sufficient evidence to support an ERA determination on the exemption request and it is therefore accepted pursuant to 10 CFR 501.3. A review of the petition is provided in the

" SUPPLEMENTARY INFORMATION " 

### Section below.

As provided for in sections 701(c) and (d) of FUA and 10 

### CFR 501.31 and 105.33. interested persons are invited to submit wrilleo comments in regard to this petition and any interested person may submit a wrilten request that ERA

convene a public hearing.

The public file containing a copy of this Notice of Acceptance and Availability of Certification as well as other documents and supporting materials on this proceeding is available upon request through 

### DOE, Freedom of Information Reading Room, 1000 Independence Avenue. SW., Room 

### lE190, Washington, DC 20585, from 9:00

a.m. to 4:00 p.m

.. Monday through Friday, except Federal holidays.

ERA 

### will issue a final order granting

or denying the petition for exemption from the prohibitions of the Act within six months after the end of the period for public comment and hearing, unless ERA extends such penod. Notice of any such extension. together with a statement of reasons therefor, would be published in the 

### Federal Register.

DATES: 

### Written comments are due on or before June 26. 1987. A request for a public hearing must be made within this

same 45-day period.

ADDRE S SES : 

### Ftfteen copies of written comments ore request for a public hearing shell be submitted to: Case Control Unit, Office of Fuels Program, Room GA-093, Forrestal Building, 1000 Independence Avenue, SW, Wash ington, DC 20585

Docket No. ERA C&E-87-45 should be printed on the outside of the envelope and the document contained therein.

FOR FURTHER INFORMATI ON C O NTACT: 

### Frank Duchaine, Coal & 

### Electricity

Division, Office of Fuels Programs, Economic Regulatory Administration. 1000 I ndependence A venue, SW. Room GA-093. Washington, DC 20585. Telephone (202) 586-8233 Steven E

. Ferguson. Esq.

, Office of

General Counsel, Department of Energy, Forrestal Building, Room 6A113, 1000 Independence Avenue, SW

.. Washington, DC 20585, Telephone {202) 586-6947