Federal Register / Vol. 61, No. 235 / Thursday, December 5, 1996 / Notices

complain that, nonetheless, Riverside is

professing that these facilities will be

used exclusively for NGPA Section 311

transportation and that the costs of these

facilities will not be added to

Riverside's jurisdictional rate base.

Indicated Land Owners state that

although the Commission has

conducted programmatic environmental

assessments from time to time with

respect to its automatic authorization of

NGPA Section 311 transportation, those

assessments were based on the

assumption that the facilities involved

would be relatively small and would not

create major environmental impacts.

Indicated Land Owners contend that

such environmental assessments did not

contemplate an interstate pipeline's

attempting deliberately to evade

jurisdiction by linking substantial

segments held by intrastate pipeline

affiliates with nominal segments held by

an interstate pipeline at the state line.

Nor did the assessments contemplate an

interstate pipeline's attempting to evade

environmental consideration of the "no

action" alternative by using a two step

process of first constructing a NGPA

Section 311-only pipeline and then

subsequently seeking to convert it to

NGA Section 7(c) status after the facility

becomes a fait accompli.

Indicated Land Owners complain that

Riverside is attempting to circumvent

the requirements of the National

Environmental Policy Act (NEPA) by its

jurisdictional maneuvers. They argue

that if the Commission delays its

environmental review until after

Riverside seeks to convert the proposed

KPOC 700 Line to a NGA Section 7(c)

pipeline, important NEPA requirements,

such as consideration of the "no action"

alternative and possible alternative

routing, will be evaded.

Indicated Land Owners complain that

Riverside is seeking state condemnation

of the proposed right-of-way for the

KPOC 700 Line, and is erroneously

asserting that because the transportation

is authorized under NGPA Section 311,

federal law preempts a state law inquiry

into the public need for the facilities.

Indicated Land Owners allege that, as a

result, Riverside is attempting to create

a jurisdictional gap where it will be able

to secure condemnation under state law,

without a prior determination of public

necessity for the facilities under either

state or federal law.

Indicated Land Owners ask the

Commission to issue a show cause order

as to why Riverside's proposed KPOC

700 Line should not be subject to NGA

Section 7(c). Alternatively, Indicated

Land Owners ask the Commission to

conduct a full environmental

assessment of the proposed expansion,

including a consideration of the "no

action" alternative.

Comment date: December 27, 1996, in

accordance with the first paragraph of

Standard Paragraph F at the end of this

notice. Answers to the complaint shall

also be due on or before December 27,

1996.

Standard Paragraphs

F. Any person desiring to be heard or

make any protest with reference to said

filing should on or before the comment

date file with the Federal Energy

Regulatory Commission, 888 First

Street, N.E., Washington, D.C. 20426, a

motion to intervene or a protest in

accordance with the requirements of the

Commission's Rules of Practice and

Procedure (18 CFR 385.211 and

385.214) and the Regulations under the

Natural Gas Act (18 CFR 157.10). All

protests filed with the Commission will

be considered by it in determining the

appropriate action to be taken but will

not serve to make the protestants parties

to the proceeding. Any person wishing

to become a party to a proceeding or to

participate as a party in any hearing

therein must file a motion to intervene

in accordance with the Commission's

Rules.

Take further notice that, pursuant to

the authority contained in and subject to

jurisdiction conferred upon the Federal

Energy Regulatory Commission by

Sections 7 and 15 of the Natural Gas Act

and the Commission's Rules of Practice

and Procedure, a hearing will be held

without further notice before the

Commission or its designee on this

filing if no motion to intervene is filed

within the time required herein, if the

Commission on its own review of the

matter finds that a grant of the

certificate is required by the public

convenience and necessity. If a motion

for leave to intervene is timely filed, or

if the Commission on its own motion

believes that a formal hearing is

required, further notice of such hearing

will be duly given.

Under the procedure herein provided

for, unless otherwise advised, it will be

unnecessary for the applicant to appear

or be represented at the hearing.

G. Any person or the Commission's

staff may, within 45 days after the

issuance of the instant notice by the

Commission, file pursuant to Rule 214

of the Commission's Procedural Rules

(18 CFR 385.214) a motion to intervene

or notice of intervention and pursuant

to Section 157.205 of the Regulations

under the Natural Gas Act (18 CFR

157.205) a protest to the request. If no

protest is filed within the time allowed

therefore, the proposed activity shall be

deemed to be authorized effective the

64519

day after the time allowed for filing a

protest. If a protest is filed and not

withdrawn within 30 days after the time

allowed for filing a protest, the instant

request shall be treated as an

application for authorization pursuant

to Section 7 of the Natural Gas Act.

Lois D. Cashell,

Secretary.

[FR Doc. 96-30922 Filed 12-4-96; 8:45 am]

BILLING CODE 6717-01-P

Office of Energy Efficiency and

Renewable Energy

[Case No. DH-007]

Energy Conservation Program for

Consumer Products : Decision and

Order Granting a Waiver from the

Vented Home Heating Equipment Test

Procedure to HEAT-N-GLO Fireplace

Products, Inc.

AGENCY: Office of Energy Efficiency and

Renewable Energy, Department of

Energy.

ACTION: Decision and order.

SUMMARY : Notice is given of the

Decision and Order (Case No. DH-007)

granting a Waiver to HEAT-N-GLO

Fireplace Products, Inc. (HEAT-N-GLO)

from the existing Department of Energy

(DOE or Department) test procedure for

vented home heating equipment. The

Department is granting HEAT-N-GLO's

Petition for Waiver regarding pilot light

energy consumption in the calculation

of Annual Fuel Utilization Efficiency

(AFUE) for its models AT-SUPREME,

BAY-GDV, BAY-STOVE, DVT-INSERT,

DVT-STOVE, R5500RH, SL-3000, SL32S, TOWNSEND I, TOWNSEND II, and

6000XLS vented heaters.

FOR FURTHER INFORMATION CONTACT:

William W. Hui, U.S. Department of

Energy, Office of Energy Efficiency

and Renewable Energy, Mail Station

EE-43, Forrestal Building, 1000

Independence Avenue, SW.,

Washington, DC 20585-0121, (202)

586-9145.

Eugene Margolis, Esq., U.S. Department

of Energy, Office of General Counsel,

Mail Station GC-72, Forrestal

Building, 1000 Independence Avenue,

SW., Washington, DC 20585-0103,

(202) 586-9507.

SUPPLEMENTARY INFORMATION: In

accordance with Title 10 CFR 430.27(j),

notice is hereby given of the issuance of

the Decision and Order as set out below.

In the Decision and Order, HEAT-NGLO has been granted a Waiver for its

models AT-SUPREME, BAY-GDV, BAYSTOVE, DVT-INSERT, DVT-STOVE,

 CAS-RM-79-104 COMMENT 156
64520 Federal Register / Vol. 61, No. 235 / Thursday, December 5, 1996 / Notices

R5500RH, SL-3000, SL-32S,

TOWNSEND I, TOWNSEND II, and

6000XLS vented heaters, permitting the

company to use an alternate test method

in determining AFUE.

Issued in Washington, DC, on November

20, 1996.

Christine A. Ervin,

Assistant Secretary, Energy Efficiency and

Renewable Energy.

Decision and Order

Background

The Energy Conservation Program for

Consumer Products (other than

automobiles) was established pursuant

to the Energy Policy and Conservation

Act, Public Law 94-163, 89 Stat. 917, as

amended (EPCA), which requires DOE

to prescribe standardized test

procedures to measure the energy

consumption of certain consumer

products, including vented home

heating equipment. The intent of the

test procedures is to provide a

comparable measure of energy

consumption that will assist consumers

in making purchasing decisions. These

test procedures appear at Title 10 CFR

Part 430, Subpart B.

The Department amended the

prescribed test procedures by adding

Title 10 CFR 430.27 to create a waiver

process. 45 FR 64108, September 26,

1980. Thereafter, DOE further amended

its appliance test procedure waiver

process to allow the Assistant Secretary

for Energy Efficiency and Renewable

Energy (Assistant Secretary) to grant an

Interim Waiver from test procedure

requirements to manufacturers that have

petitioned DOE for a waiver of such

prescribed test procedures. 51 FR 42823,

November 26, 1986.

The waiver process allows the

Assistant Secretary to waive temporarily

test procedures for a particular basic

model when a petitioner shows that the

basic model contains one or more

design characteristics which prevent

testing according to the prescribed test

procedures or when the prescribed test

procedures may evaluate the basic

model in a manner so unrepresentative

of its true energy consumption as to

provide materially inaccurate

comparative data. Waivers generally

remain in effect until final test

procedure amendments become

effective, resolving the problem that is

the subject of the waiver.

HEAT-N-GLO filed a "Petition for

Waiver," dated August 13, 1996, in

accordance with section 430.27 of Title

10 CFR Part 430. The Department

published in the Federal Register on

October 11, 1996, HEAT-N-GLO's

Petition and solicited comments, data

and information respecting the Petition.

61 FR 53366, October 11, 1996. HEATN-GLO also filed an "Application for

Interim Waiver" under section

430.27(b)(2), which DOE granted on

October 7, 1996. 61 FR 53366, October

11, 1996.

No comments were received

concerning either the "Petition for

Waiver" or the "Interim Waiver." The

Department consulted with The Federal

Trade Commission (FTC) concerning the

HEAT-N-GLO Petition. The FTC did

not have any objections to the issuance

of the waiver to HEAT-N-GLO.

Assertions and Determinations

HEAT-N-GLO's Petition seeks a

waiver from the DOE test provisions

regarding pilot light energy

consumption for vented heaters in the

calculation of AFUE. The DOE test

provisions in section 3.5 of Title 10 CFR

Part 430, Subpart B, Appendix 0

requires measurement of energy input

rate to the pilot light (Qp) with an error

no greater than 3 percent for vented

heaters, and use of this data in section

4.2.6 for the calculation of AFUE using

the formula: AFUE = [4400nssTluQia-mai1/

[4400TTssQia_max+2.5(4600)riuQp]. HEATN-GLO requests the allowance to delete

the [2.5(4600)rl„ Qp] term in the

denominator in the calculation of AFUE

when testing its models AT-SUPREME,

BAY-GDV, BAY-STOVE, DVTINSERT, DVT-STOVE, R5500RH, SL3000, SL-32S, TOWNSEND I,

TOWNSEND II, and 6000XLS vented

heaters. HEAT-N-GLO states that its

models AT-SUPREME, BAY-GDV,

BAY-STOVE, DVT-INSERT, DVTSTOVE, R5500RH, SL-3000, SL-32S,

TOWNSEND I, TOWNSEND II, and

6000XLS vented heaters are designed

with a transient pilot which is to be

turned off by the user when the heater

is not in use.

The control knob on the combination

gas control in these heaters has three

positions: "OFF," "PILOT" and "ON."

Gas flow to the pilot is obtained by

rotating the control knob from "OFF" to

"PILOT," depressing the knob, holding

in, pressing the piezo igniter. When the

pilot heats a thermocouple element,

sufficient voltage is supplied to the

combination gas control for the pilot to

remain lit when the knob is released

and turned to the "ON" position. The

main burner can then be ignited by

moving an ON/OFF switch to the "ON"

position. Instructions to users to turn

the gas control knob to the "OFF"

position when the heater is not in use,

which automatically turns off the pilot,

are provided in the User's Instruction

Manual and on a label adjacent to the

gas control knob. If the manufacturer's

instructions are observed by the user,

the pilot light will not be left on. This

will result in a lower energy

consumption, and in turn a higher

efficiency than calculated by the current

DOE test procedure. Since the current

DOE test procedure does not address

this issue, HEAT-N-GLO asks that the

Waiver be granted.

Previous Petitions for Waiver to

exclude the pilot light energy input term

in the calculation of AFUE for home

heating equipment with a manual

transient pilot control have been granted

by DOE to Appalachian Stove and

Fabricators, Inc., 56 FR 51711, October

15, 1991; Valor Inc., 56 FR 51714,

October 15, 1991; CFM International

Inc., 61 FR 17287, April 19, 1996;

Vermont Castings, Inc., 61 FR 17290,

April 19, 1996; Superior Fireplace

Company, 61 FR 17885, April 23, 1996;

and Vermont Castings, Inc., 61 FR

57857, November 8, 1996.

Based on DOE having granted similar

waivers in the past to vented heaters

utilizing a manual transient pilot

control, its review of how HEAT-NGLO's models AT-SUPREME, BAYGDV, BAY-STOVE, DVT-INSERT, DVTSTOVE, R5500RH, SL-3000, SL-32S,

TOWNSEND I, TOWNSEND II, and

6000XLS vented heaters operate and the

fact that if the manufacturer's

instructions are followed, the pilot light

will not be left on, DOE grants HEATN-GLO a Petition for Waiver to exclude

the assumed pilot light energy input

term in the calculation of AFUE.

This decision is subject to the

condition that the heaters shall have an

easily read label near the gas control

knob instructing the user to turn the

valve to the off-position when the

heaters are not in use.

It is therefore, ordered that:

(1) The "Petition for Waiver" filed by

HEAT-N-GLO Fireplace Products, Inc.

(Case No. DH-007) is hereby granted as

set forth in paragraph (2) below, subject

to the provisions of paragraphs (3), (4),

and (5).

(2) Notwithstanding any contrary

provisions of Appendix 0 of Title 10

CFR Part 430, Subpart B, HEAT-N-GLO

Fireplace Products, Inc. shall be

permitted to test its models ATSUPREME, BAY-GDV, BAY-STOVE,

DVT-INSERT, DVT-STOVE, R5500RH,

SL-3000, SL-32S, TOWNSEND I,

TOWNSEND II, and 6000XLS vented

heaters on the basis of the test

procedure specified in Title 10 CFR Part

430, with modifications set forth below:

(i) Delete paragraph 3.5 of Appendix

0.

(ii) Delete paragraph 4.2.6 of

Appendix 0 and replace with the

following paragraph:

 CAS-RM-79-104 COMMENT 156
Federal Register / Vol. 61, No. 235 / Thursday, December 5, 1996 / Notices

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 = rh,

where:

rl,, = as defined in section 4.2.5 of this

appendix.

(iii) With the exception of the

modification set forth above, HEAT-NGLO Fireplace Products, Inc. shall

comply in all respects with the test

procedures specified in Appendix 0 of

Title 10 CFR Part 430, Subpart B.

(3) The Waiver shall remain in effect

from the date of issuance of this Order

until DOE prescribes final test

procedures appropriate to models ATSUPREME, BAY-GDV, BAY-STOVE,

DVT-INSERT, DVT-STOVE, R5500RH,

SL-3000, SL-32S, TOWNSEND I,

TOWNSEND II, and 6000XLS vented

heaters manufactured by HEAT-N-GLO

Fireplace Products, Inc.

(4) This Waiver is based upon the

presumed validity of statements,

allegations, and documentary materials

submitted by the petitioner. This Waiver

may be revoked or modified at any time

upon a determination that a factual

basis underlying the Petition is

incorrect.

(5) Effective November 20, 1996, this

Waiver supersedes the Interim Waiver

granted HEAT-N-GLO Fireplace

Products, Inc. on October 7, 1996, 61 FR

53366, October 11, 1996. (Case No. DH007).

Issued in Washington, DC, on November

20, 1996.

Christine A. Ervin,

Assistant Secretary, Energy Efficiency and

Renewable Energy.

[FR Doc. 96-30940 Filed 12-4-96; 8:45 am]

BILLING CODE 6450-01-P

FEDERAL ELECTION COMMISSION

Sunshine Act Meeting Notices

DATE AND TIME : Tuesday, December 10,

1996, at 10:00 a.m.

PLACE: 999 E Street, NW., Washington,

DC.

STATUS: This meeting will be closed to

the public.

ITEMS TO BE DISCUSSED:

Compliance matters pursuant to 2 U.S.C.

§ 437g.

Audits conducted pursuant to 2 U.S.C.

§ 437g, § 438(b), and Title 26, U.S.C.

Matters concerning participation in civil

actions or proceedings or arbitration.

Internal personnel rules and procedures or

matters affecting a particular employee.

DATE AND TIME : Thursday, December 12,

1996. at 10 : 00 a.m.

PLACE: 999 E Street, NW., Washington,

DC (Ninth Floor).

STATUS : This meeting will be open to the

public.

ITEMS TO BE DISCUSSED:

Correction and Approval of Minutes.

Election of Chairman and Vice Chairman

for 1997.

Administrative Matters.

PERSON TO CONTACT FOR INFORMATION:

Mr. Ron Harris, Press Officer,

Telephone: (202) 219-4155.

Delores Hardy,

Administrative Assistant.

[FR Doc. 96-31133 Filed 12-3-96; 2:48 pm]

BILLING CODE 6715-01-M

FEDERAL HOUSING FINANCE BOARD

Sunshine Act Meeting Notices

"FEDERAL REGISTER " CITATION OF

PREVIOUS ANNOUNCEMENT : 61 FR 60285,

November 27, 1996.

PREVIOUSLY ANNOUNCED TIME AND DATE OF

THE MEETING : 8:30 a.m. Wednesday,

December 4, 1996.

CANCELLATION OF THE MEETING : Notice is

hereby given of the cancellation of the

Federal Housing Finance Board meeting

scheduled for December 4, 1996.

CONTACT PERSON FOR MORE INFORMATION:

Elaine L. Baker, Secretary to the Board,

(202) 408-2837.

Rita I. Fair,

Managing Director.

[FR Doc. 96-31115 Filed 12-3-96; 2:45 pm]

BILLING CODE 6725-01-P

64521

and Security Over the Thrift Savings Plan

Computerized Resources at the United States

Department of Agriculture, National Finance

Center."

(c) "Pension and Welfare Benefits

Administration Review of Thrift Savings Plan

Account Maintenance Subsystem and

Participant Support Process at the United

States Department of Agriculture, National

Finance Center."

(d) "Pension and Welfare Benefits

Administration Review of U.S. Treasury

Operations relating to the Thrift Savings Plan

Investments in the Government Securities

Fund."

CONTACT PERSON FOR MORE INFORMATION:

Thomas J. Trabucco, Director, Office of

External Affairs, (202) 942-1640.

Dated: December 3, 1996.

Roger W. Mehle,

Executive Director, Federal Retirement Thrift

Investment Board.

[FR Doc. 96-31117 Filed 12-3-96; 2:46 pm]

BILLING CODE 6760-01-M

FEDERAL TRADE COMMISSION

[File No. 942-3218]

California SunCare , Inc.; Donald J.

Christal ; Analysis to Aid Public

Comment

AGENCY: Federal Trade Commission.

ACTION: Proposed consent agreement.

SUMMARY: In settlement of alleged

violations of federal law prohibiting

unfair or deceptive acts or practices and

unfair methods of competition, this

consent agreement, accepted subject to

final Commission approval, would

require, among other things, the Los

Angeles, California-based company, and

its president, to make certain

FEDERAL RETIREMENT THRIFT

INVESTMENT BOARD

Sunshine Act Meeting Notice

TIME AND DATE: 10:00 a.m. (EST),

December 16, 1996.

PLACE: 4th Floor, Conference Room,

1250 H Street, N.W., Washington, D.C.

STATUS: Open.

MATTERS TO BE CONSIDERED:

1. Approval of the minutes of the

November 18, 1996, Board meeting.

2. Thrift Savings Plan activity report by the

Executive Director.

3. Review of KPMG Peat Marwick audit

reports:

(a) "Pension and Welfare Benefits

Administration Review of Thrift Savings Plan

Withdrawal and Inactive Accounts

Operations at the United States Department

of Agriculture, National Finance Center."

(b) "Pension and Welfare Benefits

Administration Review of Access Controls

disclosures in future ads and labeling,

cautioning consumers that tanning, even

without burning, can cause skin cancer

and premature skin aging. The

agreement settles allegations that

California SunCare made false and

unsubstantiated claims that moderate

exposure to the ultraviolet radiation of

the sun and in indoor tanning salons,

such as those marketed by the company,

is not harmful, and that such exposure

actually provides many health benefits.

DATES : Comments must be received on

or before February 3, 1997.

ADDRESSES : Comments should be

directed to: FTC/Office of the Secretary,

Room 159, 6th St. and Pa. Ave., N.W.,

Washington, D.C. 20580.

FOR FURTHER INFORMATION CONTACT: Joel

Winston, Federal Trade Commission, S4002, 6th and Pennsylvania Ave., NW,

Washington, DC 20580. (202) 326-3153.

Toby Milgrom Levin, Federal Trade

Commission, S-4002, 6th and

 CAS-RM-79-104 COMMENT 156