19742 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices

assistance to eligible Indian tribes to

establish or improve public library

services. For FY 1997 the competition

for new awards focuses on projects

designed to meet the invitational

priorities in the ''Priorities" section of

this notice.

Eligible Applicants: Indian Tribes and

Alaska Native villages or regional or

village corporations that have met

eligibility requirements for the Library

Services for Indian Tribes Program

(Basic Grants (CFDA 84.163A)) and

received a Basic Grant in the same fiscal

year as the year of application.

Deadline for Transmittal of

Applications: June 9, 1997.

Applications Available: April 24,

1997.

Estimated Available Funds: $966,518.

All available funds for library services

for Hawaiian natives are awarded

through the Library Services for Indian

Tribes and Hawaiian Natives Program

(Basic Grants (CFDA 84.163A)).

Estimated Average Range of Awards:

$38,000-$100,000.

Estimated Average Size of Awards:

$80,000.

Estimated Number of Awards: 12.

Note: The Department is not bound by any

estimates in this notice.

Maximum Award: In no case does the

Secretary make an award greater than

$100,000 for a single budget period of

12 months. The Secretary does not

consider an application that proposes a

budget exceeding this maximum

amount.

Project Period: 12 months.

Applicable Regulations: (a) The

Education Department General

Administrative Regulations (EDGAR) in

34 CFR Parts 75, 77, 80, 81, 82 and 85;

and (b) The regulations in 34 CFR Part

700.

Selection Criteria: The Secretary

selects from the criteria in 34 CFR

700.30(e) to evaluate applications for

new grants under this competition.

Under 34 CFR 700.30(a), the Secretary

announces in the application package

the evaluation criteria selected for this

competition and the maximum weight

assigned to each criterion.

Priorities: The Secretary is

particularly interested in applications

that meet one or more of the invitational

priorities in the next four paragraphs.

However, an application that meets one

or more of these invitational priorities

does not receive competitive or absolute

preference over other applications (34

CFR 75.105 (c) (1)).

Invitational Priority 1-To assess and

plan for tribal library needs.

Invitational Priority 2-To train or

retrain Indians as library personnel.

Invitational Priority 3-To utilize new

information technologies to expand

services to Indians in geographically

isolated areas.

Invitational Priority 4-To conduct

special library programs for Indians

such as summer reading programs for

children, outreach programs for elders,

literacy tutoring, and training in

computer use.

FOR APPLICATIONS OR

INFORMATION CONTACT: Kathy

Price, U.S. Department of Education,

555 New Jersey Ave. N.W., Room 300,

Washington, DC 20208-5571.

Telephone: (202) 219-1670. E-mail:

kathy_price@ed.gov

Individuals who use a

telecommunications device for the deaf

(TDD) may call the Federal Information

Relay Service (FIRS) at 1-800-877-8339

between 8 a.m. and 8 p.m., Eastern time,

Monday through Friday.

Information about the Department's

funding opportunities, including copies

of application notices for discretionary

grant competitions, can be viewed on

the Department's electronic bulletin

board (ED Board), telephone (202) 260-

9950; on the Internet Gopher Server (at

gopher://gcs.ed.gov); or on the World

Wide Web (at http://gcs.ed.gov).

However, the official application notice

for a discretionary grant competition is

the notice published in the Federal

Register.

Authority: 20 U.S.C. 35lc(c) (2), 361(d),

364.

Dated: April 18, 1997.

Ramon C. Cortines,

Acting Assistant Secretary for Educational

Research and Improvement.

[FR Doc. 97-10528 Filed 4-22-97; 8:45 am]

BILLING CODE 4000-01-P

DEPARTMENT OF ENERGY

Office of Energy Efficiency and

Renewable Energy

[Case No. DH-011 ]

Energy Conservation Program for

Consumer Products: Granting of the

Application for Interim Waiver and

Publishing of the Petition for Waiver of

Fireplace Manufacturers Incorporated

From the Department of Energy Vented

Home Heating Equipment Test

Procedure

ACTION: Notice.

SUMMARY : Today's notice grants an

Interim Waiver to Fireplace

Manufacturers Incorporated from the

Department of Energy (Department) test

procedure for vented home heating

equipment. The Interim Waiver

concerns pilot light energy consumption

for Fireplace Manufacturers

Incorporated's (Fireplace) models

DVF30, DVF36, DVF42, DVF36PNL,

GW30, and GW30P vented heaters.

Today's notice also publishes a

"Petition for Waiver" from Fireplace.

Fireplace's Petition for Waiver requests

the Department to grant relief from the

Department of Energy vented home

heating equipment test procedure

relating to the use of pilot light energy

consumption in calculating the Annual

Fuel Utilization Efficiency (AFUE).

Specifically, Fireplace seeks to delete

the required pilot light measurement

(Qr,) in the calculation of AFUE when

the pilot is off. The Department solicits

comments, data, and information

respecting the Petition for Waiver.

DATES : The Department will accept

comments, data, and information not

later than May 23, 1997.

ADDRESSES : Written comments and

statements shall be sent to: Department

of Energy, Office of Energy Efficiency

and Renewable Energy, Case No. DH011, Mail Stop EE-43, Room lJ-018,

Forrestal Building, 1000 Independence

Avenue, SW., Washington, DC 20585-

0121. Telephone: (202) 586-7140, Fax:

(202) 586-4617.

FOR FURTHER INFORMATION CONTACT: Mr.

Bill Hui, U.S. Department of Energy,

Office of Energy Efficiency and

Renewable Energy, Mail Stop EE-43,

Forrestal Building, 1000 Independence

Avenue, SW, Washington, DC, 20585-

0121. Telephone: (202) 586-9145, Fax:

(202) 586-4617, E-Mail:

WILLIAM.HUI@HQ.DOE.GOV or;

Mr. Eugene Margolis, U.S. Department

of Energy, Office of General Counsel,

Mail Stop GC-72, Forrestal Building,

1000 Independence Avenue, SW,

Washington, DC, 20585-0103.

Telephone: (202) 586-9507, Fax: (202)

586-4116, E-Mail:

EUGENE.MARGOLIS@HQ.DOE. GOV.

AGENCY: Office of Energy Efficiency and

Renewable Energy, Department of

Energy.

 CAS-RM-79-104 COMMENT 164 
Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices

SUPPLEMENTARY INFORMATION: The

Energy Conservation Program for

Consumer Products (other than

automobiles) was established pursuant

to the Energy Policy and Conservation

Act, as amended, (EPCA) which requires

the Department to prescribe

standardized test procedures to measure

the energy consumption of certain

consumer products, including vented

home heating equipment. The intent of

the test procedures is to provide a

comparable measure of energy

consumption that will assist consumers

in making informed purchasing

decisions, and will determine whether a

product complies with the applicable

energy conservation standard. These test

procedures appear at Title 10 CFR Part

430, Subpart B.

The Department amended the test

procedure rules to provide for a waiver

process by adding § 430.27 to Title 10

CFR Part 430. 45 FR 64108, September

26, 1980. Subsequently, the Department

amended the waiver process to allow

the Assistant Secretary for Energy

Efficiency and Renewable Energy

(Assistant Secretary) to grant an Interim

Waiver from test procedure

requirements to manufacturers that have

petitioned the Department for a waiver

of such prescribed test procedures. Title

10 CFR Part 430, § 430.27(a) (2).

The waiver process allows the

Assistant Secretary to waive temporarily

test procedures for a particular basic

model when a petitioner shows that the

basic model contains one or more

design characteristics which prevent

testing according to the prescribed test

procedures, or when the prescribed test

procedures may evaluate the basic

model in a manner so unrepresentative

of its true energy consumption as to

provide materially inaccurate

comparative data. Waivers generally

remain in effect until final test

procedure amendments become

effective, resolving the problem that is

the subject of the waiver.

An Interim Waiver will be granted if

it is determined that the applicant will

experience economic hardship if the

Application for Interim Waiver is

denied, if it appears likely that the

Petition for Waiver will be granted, and/

or the Assistant Secretary determines

that it would be desirable for public

policy reasons to grant immediate relief

pending a determination on the Petition

for Waiver. Title 10 CFR Part 430,

§ 430.27(g). An Interim Waiver remains

in effect for a period of 180 days, or

until the Department issues a

determination on the Petition for

Waiver, whichever is sooner, and may

be extended for an additional 180 days,

if necessary.

On December 31, 1996, Fireplace filed

an Application for Interim Waiver and

a Petition for Waiver regarding pilot

light energy consumption.

Fireplace seeks an Interim Waiver

from the Department test provisions in

section 3.5 of Title 10 CFR Part 430,

Subpart B, Appendix 0, which requires

measurement of energy input rate of the

pilot light (Qp), and in section 4.2.6,

which requires the use of this data for

the calculation of AFUE, where:

AFUE= [440071 ssl1 uQin-max]

/[440071ssQin-max+2.5 (4600)71nQp]

Instead, Fireplace requests that it be

allowed to delete Qp and accordingly,

the [2.5(4600)71,,Qp] term in the

calculation of AFUE. Fireplace states

that instructions to turn off the transient

pilot by the user when the heater is not

in use are in the User Instruction

Manual and on a label adjacent to the

gas control valve. Since the current

Department of Energy test procedure

does not address pilot light energy

savings, and since others have received

the same waiver under the same

circumstances, Fireplace asks that the

Interim Waiver be granted.

Previous Petitions for Waiver to

exclude the pilot light energy input term

in the calculation of AFUE for vented

heaters with a manual transient pilot

control have been granted by the

Department to Appalachian Stove and

Fabricators, Inc., 56 FR 51711, October

15, 1991; Valor Incorporated, 56 FR

51714, October 15, 1991; CFM

International Inc., 61 FR 17287, April

19, 1996; Vermont Castings, Inc., 61 FR

17290, April 19, 1996; Superior

Fireplace Company, 61 FR 17885, April

23, 1996; Vermont Castings, Inc., 61 FR

57857, November 8, 1996; HEAT-NGLO Fireplace Products, Inc., 61 FR

64519, December 5, 1996; CFM Majestic

Inc., 62 FR 10547, March 7, 1997;

Hunter Energy and Technology Inc., 62

FR 14408, March 26, 1997; and Wolf

Steel Ltd., 62 FR 14409, March 26, 1997.

Thus, it appears likely that Fireplace's

Petition for Waiver concerning pilot

light energy consumption for vented

heaters will be granted. In those

instances where the likely success of the

Petition for Waiver has been

demonstrated based upon the

Department 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.

19743

Therefore, based on the above, the

Department is granting Fireplace an

Interim Waiver for its models DVF30,

DVF36, DVF42, DVF36PNL, GW30, and

GW30P vented heaters. Fireplace shall

be permitted to test these models of its

vented heaters on the basis of the test

procedures specified in Title 10 CFR

Part 430, Subpart B, Appendix 0, with

the following modifications:

(i) Delete paragraph 3.5 of Appendix

0.

(ii) Delete paragraph 4.2.6 of

Appendix 0 and replace with the

following paragraph:

4.2.6 Annual Fuel Utilization

Efficiency. For manually controlled

vented heaters, calculate the Annual

Fuel Utilization Efficiency (AFUE) as a

percent and defined as:

AFUE=rin

where 71n is defined in section 4.2.5 of

this appendix.

(iii) With the exception of the

modification set forth above, Fireplace

Manufacturers Incorporated shall

comply in all respects with the

procedures specified in Appendix 0 of

Title 10 CFR Part 430, Subpart B.

This Interim Waiver is based upon the

presumed validity of all statements and

allegations submitted by the company.

This Interim Waiver may be revoked or

modified at any time upon a

determination that the factual basis

underlying the Application is incorrect.

This Interim Waiver is effective on the

date of issuance by the Assistant

Secretary for the Office of Energy

Efficiency and Renewable Energy. The

Interim Waiver shall remain in effect for

a period of 180 days or until the

Department acts on the Petition for

Waiver, whichever is sooner, and may

be extended for an additional 180-day

period, if necessary.

Fireplace's Petition for Waiver

requests the Department to grant relief

from the portion of the Department of

Energy test procedure for vented home

heating equipment that relates to

measurement of energy consumption by

the pilot light. Specifically, Fireplace

seeks to exclude the pilot light energy

consumption from the calculation of

AFUE. Pursuant to paragraph (b) of Title

10 CFR Part 430.27, the Department is

hereby publishing the "Petition for

Waiver." in its entirety. The petition

contains no confidential information.

The Department solicits comments,

data, and information respecting the

Petition.

 CAS-RM-79-104 COMMENT 164 
19744 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices

Issued in Washington, DC, on April 17,

1997.

Christine A. Ervin,

Assistant Secretary, Energy Efficiency and

Renewable Energy.

Fireplace Manufacturers Incorporated

2701 South Harbor Blvd., Santa Ana,

California 92704, (714) 549-7782, Fax No.

(714) 549-4723

December 31, 1996.

The Honorable Christine Ervin,

Assistant Secretary for Conservation and

Renewable Energy, United States

Department of Energy, Forrestal

Building, 1000 Independence Avenue,

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

Subject: Petition for Waiver to Title 10 Code

of Federal Regulations § 430.27

Dear Secretary Ervin: This Petition for

Waiver from test procedures appearing in 10

CFR § 430.27 subpart B, Appendix 0-

Uniform Test Method for Measuring the

Energy Consumption of Vented Home

Heating Equipment. The sections for which

this waiver is requested are detailed in

section 3.5-Pilot Light Measurement; and

section 4.2.6-Annual Fuel Utilization

Efficiency (AFUE). The sections require the

measurement of energy input to the pilot

light and the inclusion of this data in the

calculation of the AFUE for the appliance

even when the pilot light is turned off and

not consuming any energy.

We are requesting this Waiver for our

appliance models: DVF30, DVF36, DVF42;

DVF36PNL; GW30 and GW30P room heater

models respectively, using a millivolt

controlled ignition system.

The above mentioned room heaters, are

certified to use either natural, or liquefied

propane gases, respectively.

The combination of gas control valves used

on these appliances can be manually turned

off when the heater is not in use. In the

"OFF" position, both the main burner and

the pilot burner are extinguished. When the

gas control knob is set to the "ON" position,

the main burner and the pilot light are

operating. The Instruction Manual and a

label adjacent to the gas control valve will

require the user to turn the gas control valve

to the "OFF" position when the heater is not

in use.

Requiring the inclusion of pilot energy

input in the AFUE calculations does not

allow for the additional energy savings

realized when the pilot light is turned off. We

request that the requirement of including the

term involving the pilot energy consumption

be waived from the AFUE calculations for

our heaters noted above. These models meet

the conditions described in the previous

paragraph.

Waivers for deleting pilot energy

consumption in AFUE calculations have

previously been granted by U.S.D.O.E. to

other manufacturers. We are petitioning the

U.S.D.O.E. to grant Fireplace Manufacturers,

Incorporated, this same waiver.

Please contact Fireplace Manufacturers,

Incorporated, with any questions, comments,

and or requirements for additional

information we can provide. Thank you for

your help in this matter.

Sincerely,

Garrick D. Augustus,

Manufacturing Engineer.

[FR Doc. 97-10494 Filed 4-22-97; 8:45 am]

BILLING CODE 6450-01-P

DEPARTMENT OF ENERGY

Federal Energy Regulatory

Commission

[Docket Nos. RP96-265-000, et al., and

CP97-276-000]

PECO Energy Company v. Texas

Eastern Transmission Corporation,

and Texas Eastern Transmission

Corporation ; Notice Joint Stipulation

and Agreement

April 17, 1997.

Take notice that on March 4, 1997, as

supplemented on April 2 and 15, 1997,

Texas Eastern Transmission Corporation

(Texas Eastern), 5400 Westheimer Court,

Houston, Texas 77056-5310, PECO

Energy Company (PECO) and Mobil Oil

Corporation (Mobil), collectively

referred to as (Parties), filed a joint

Stipulation and Agreement (Settlement)

in the captioned proceedings, all as

more fully set forth in the Settlement,

which is on file with the Commission

and open to public inspection.

The Parties states that the Settlement

resolves all issues related to PECO's

complaint proceeding filed against

Texas Eastern in Docket No. CP96-265-

000, wherein PECO requested that the

Commission require Texas Eastern to

provide certain additional lateral

capacity to PECO on Texas Eastern's

Line No. 1-A. The parties state that they

have reached a mutually beneficial,

negotiated agreement which will satisfy

PECO's needs for additional firm

delivery service in a timely manner and

will satisfy Mobil's 1996 Flex-X request

for firm service.

Texas Eastern requests authorization

to perform pipe replacements, as

required, on Line No. 1-A, and perform

a hydrostatic test of Line 1-A between

Eagle and the proposed Brookhaven

M&R, located between approximate mile

posts 0.00 and 22.7 in Chester and

Delaware Counties, Pennsylvania. After

such replacements. Texas Eastern

proposes to install regulation facilities

at Eagle, new launcher facilities at

Eagle, if necessary, and receiver

facilities at the Brookhaven M&R, install

three mainline valves on Line No. 1-A

between Eagle and Brookhaven, and

reactivate and operate Line No. 1-A at

a MAOP of 400 psig.

Texas Eastern requests authorization

to construct, own, operate and maintain

Texas Eastern's Brookhaven M&R; the

pipeline taps for the Hershey Mills

M&R; the pipeline taps for the Hershey

Mills M&R and associated appurtenant

facilities; the pipeline tap and

associated piping for tapping the

existing Planebrook M&R in the line No.

1-A; and two additional pipeline taps to

be reserved for PECO's future use. It is

stated that PECO will directly reimburse

Texas Eastern for 100 percent of the

costs and expenses Texas Eastern will

incur to install such taps. In addition,

Texas Eastern states that it will tap Line

No. 1-H, which is parallel to and on

common rights-of way with Line No. 1-

A., at the proposed Hershey Mills M&R,

and tap Line No. 1-A at the existing

Planebrook M&R.

Pursuant to the Settlement, PECO will

construct and maintain the

measurement and regulation facilities,

EGM, and connecting pipe at the

Hershey Mills M&R.

Commission authorization is

requested for PECO to shift 15,000

Dth/d of its firm entitlements on Texas

Eastern from M&R 70035 to the Hershey

Mills M&R and/or Brookhaven M&R.

Pursuant to the construction of

facilities and the terms of the

Settlement, Texas Eastern would deliver

on a firm basis up to 120,000 Dth/d for

PECO and 8,000 Dth/d for Mobil. Texas

Eastern states that it will deliver PECO's

gas quantities from the interconnection

of Texas Eastern's mainline system with

Line No. 1-A at Eagle to PECO at the

proposed Brookhaven M&R and/or

Hershey Mills M&R, and/or Texas

Eastern's existing Planebrook M&R.

Texas Eastern states that it will

transport and deliver Mobil's gas

quantities from the interconnection of

Texas Eastern's mainline with the

Philadelphia lateral at Eagle to a point

of interconnection with Mobil's pipeline

facilities. Service will be rendered

under Texas Eastern's open-access Rate

Schedule FT-1, included as part of

Texas Eastern's FERC Gas Tariff, Sixth

Revised Volume No. 1, subject to the

Settlement Rate. With respect to any

temporarily available capacity from

November 1, 1997 through October 31,

2001, Texas Eastern states that it will

utilize such available capacity to

provide limited-term transportation

service, at the incremental Settlement

Rate, to interested customers under the

terms and conditions of Texas Eastern's

blanket transportation certificate and its

FERC Gas Tariff.

Texas Eastern estimates the cost of the

proposed facilities in 1996 dollars at

$12,800,000. To recover the incremental

cost-of-service associated with Texas

Eastern's Settlement Facilities, Texas

Eastern requests authorization to charge

 CAS-RM-79-104 COMMENT 164