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 uranium 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 test 

procedure 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 24,1987.

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 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 Cooperal!on 

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 

agreement:; 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 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: Moy 6. 1987. 

For lhc Department of Rnergy. 

George J. Bradley, Jr., 

Principal Deputy Assistant SPCretary for 

International Affairs and Energy 

Emergencies. 

IF'R Doc. 87-10802 Filed s-n-a7: 8:45 aml 

BILLING CODE 8450-01-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 Uni led 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, a s 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 Malieres Nucleaires) for 

lhe purpose of reprocessing, 108 

irradiated 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. This subsequent 

arrangement is designed as RID/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 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 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 

Lo 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. Bradley, Jr., 

Principal Deputy Assistant Secretary for 

fnlernalianal Affairs and Energy 

Emergencies. 

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

BIL.UNG CODE 11450-01-M 

Office of Conservation and 

Renewable Energy 

[CAC--0031) 

Energy Conservation Program for 

Consumer Products; Granting of 

Interim Waiver of Central Air 

Conditioner Test Procedures From 

The Trane Co. 

AGENCY: Conservation a nd Renewable 

Energy Office. DOE. 

ACTION: Granting of lnlerjm Waiver. 

SUMMARY: Today's notice publishes an 

" fnterim Waiver" for The Trane 

Company (Trane) of Tyler, Texas, 

granting the company's application of 

March 17, 1987, to use an alternate lest 

procedure for its TWS model variablespeed heat pump from the existing 

Department of Energy (DOE) lest 

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 wei\'er, 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 

(heal 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 WashJngton. DC. April 24. 1987. 

Donna R. Fitzpatrick. 

Assistant Secretary. Conservation and 

Renewable Enersy. 

April 24, 1987 

Mr L.E. Chaump. 

Dealer Products Group. The Trane Compm1y, 

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 heeling 

mode of The Trane Company's (Trane) model 

TWS heat pump. 

Pursuant to the Energy Policy and 

Conservation Act, ns amended, the 

Department has prescribed test procetlures 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 28. 19118. (51 FR 

42823) by allowing an application for inlerim 

waiver. The amcndmenls added provisions 

allowing the Assistant Secretary for 

Conservation to grant an interim waiver for II 

particular basic motlel when a petitioner 

demonstrates the likely success of the 

petition for waiver, If the epplicanl will 

experience economic hardship ;r the 

Application for Interim Waiver is denfed. 

and/or the Assistant Secretary determines 

that it would be desirable for public policy 

reasons to grant Immediate relief pending a 

determina tion on the petition for wai\'er. 

Trane has demonstrated the likely success 

of its Application for Interim Waiver based 

upon the show ing tha t DOE proposed 

amendments to existing test procedures tu 

include vari11ble-speed heat pumps on 
federal 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 air

conditioner 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 Register / Vol. 52, No. 91 / Tuesday, May 12. 1987 / Notices 17799 

October 7, 1986 (51 FR 35736) and that the 

Carrier Corporation (Carrier) was 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 of 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', Consen1olion and 

Re11P.wable Enersy, 

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, 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 Federal 

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 

requirement 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 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 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 factor (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 accordance 
17800 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 ♦ Mq ( 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

Mq * 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 M • - ~q> 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

When 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. 

Case 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 

17801 
17802 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: E8"v (t.i) • the electrical power input required by the 

J unit at temperature t* and at a variable 

compressor speed between the minimum 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 maximum 

compressor speed

It* 2

t4 « temperature at which q8 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 (ty8 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 q19 (tjl • BL(tjl 

w!'len tj<'.tva 

k•v k•v £19 (tj) • £11 (tyKI 

♦ 

i:;2 (t41 - t:;v (tvKI 

where: £11• 2tt) • 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. 

Annual Performance 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

HLH ■ 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

Tabl e 2.—Dis t r ib u t io n o f Te mpe r a t u r e Bin Hour s for Co 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.—Reg io na l Co o l in g Load Hour s

(CLH), Hea t in g Load Hour s (HLH), Ou t -

door De s ig n Te mpe r a t u r e (Tod) and Mean

Gr ound -Wat er Te 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, 1000 

Independence 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, No. 91 / Tuesday. May 12, 1987 / Notices 17803 

where: 

CLH • 

Qss(95) • 

HLH • 

OHR . C . 

SEER • 

HSPF • 

e.n No. 01 

1 

2 

3 

4 

s 

6 

7 

8 

9 

,o 

11 

12 

13 

1• 

15 

16 

17 

18 

APF • (CLH • 0 55(95 ) 1 + IHLH •OHR• CJ 

Cl.H • Q55(9SJ 

SEER 

HLH • DhR •·c ♦------- HSPF 

cool ing load hOurs for a specif ic l ocation as report ed in Figure 1 

of this appendix 

Steady stat e capacity as measured in Test A 

heating load hours for I specific location as reported In Figure 2 

of this appendh 

standardized destgn heating requirement 

adjustment factor which serves to adjust the calcul ated desi gn heating load hours to the actual heating load hours eAperlenced by a heating systet1 and is 0.77 

seasonal energy efficiency ratio as deter•ined by 4.1 of this appendix 

heating seasonal perfor•a,ice factor as detel'lllined by 4.2 of this appendix 

TABLE 2-DtSTRIBUTtON OF TEMPERATURE BIN HOURS FOR CooLING 

~tatlYe T empe,a1u,e bin t>ours k>r each reg,oo bln ~ alufe (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 61 140 238 225 214 

37 31 110 206 24S 239 32 14 70 161 283 280 27 4 30 82 196 256 22 ' 10 37 124 20-4 17 0 3 16 81 151 12 0 0 9 58 1211 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 

TABLE 4.-REGIONAL CooLING LOAD HOURS Economic Regulatory Administration 

(CLH), HEATING LOAD HOURS (HLH), OUTDOOR DESIGN T EMPERATURE (Tool ANO MEAN I Docket No. ERA C&E-87-27; OFP Case No. 

GROUND-WATER TEMPERATURE (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 17 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 COO£ 6450-01-M 

T.) 

72 

68 

62 

53 

•5 

5~ 

Acceptance of Petition for Exemption 

and Avallablllty of Certification by 

Gentex/ TSG Joint Venture 

AGENCY: Economic Regulatory 

Administration, DOE. 

ACTION: Notice of acceptance. 

SUMMARY: On January 29. 1987, Centex/ 

TSG Joint Venture (Centex) 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 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 alternate fuel as a primary 

energy source. Final rules selling 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 a t 10 CFR 503.37 . 

ERA has determined that the petition 

appears to include sufficient evidence to 

support an ERA determination of lhe 

exemption request a nd 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 lo 

submit written comments in regard to 

this petition a nd 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. 1000 

Independence Avenue SW., Room 1E190, Washington, DC 20585. from 9:00 

a.m. lo 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. 

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. 

ADDRESSES: 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 
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, 1000 

Independence 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 of 

Energy, Forrestal Building, Room 6A113,1000 Independence Avenue, SW., 

Washington, DC 20585, Telephone 

(202)586-6947

17804 Federal Register / Vol. 52, No. 91 / Tuesday, May 12, 1987 / Notices 

Independence Avenue SW., 

Washington, DC Z0585. 

FOR FURTHER INFORMATION CONTACT: 

Frank Duchaine. Coal & Electricity 

Division, Office of Fuels Programs, 

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 

SUPPLEMENTARY INFORMATION: 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 Federal Register (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 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 

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 

[Docket No. ERA C&E-87-45; OFP Case No. 

640 17-9365-20-24! 

Acceptance of Petition for Exemption 

and Availability of Certification by 

L'Energla, Inc. 

AGENCY: Economic Regulatory 

Administration, DOE. 

ACTION: 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 

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 

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 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. 

ADDRESSES: 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, 

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 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