### FederaJ RegiSter 

### I Vol. 45. No. 194 / 

### Friday. October 3. 1980 

### 1 Proposed 

### Rules 

### 65605

l"ffcFRPART 430**.~** Conservation Program for 

### Consumer Products; Public Meeting ,*rdlng the Proposed certification! 

### E:..-cement Provisions ofthe Department of

### Energy'. Energ, Efficiency Standards Program for Consumer Products

AGENCY: Department ofEnergy. 

### .Acnorc Notice ofpublic meetng.

SUMMMv: The Department ofEnergy [DOE) is inviting the public to submit
comments on a revised version of the certification/enforcement approach for energy efficiency standards for_

consumerproducts proposed by notice issued June 19.1980 (45F.R. 43976. June 30. 1980}. DOE 

### will accept written
comments on this new proposal until October 20. 1980. A public meeting 

### will beheldbeginning at 9:00 a.m., October 10,198Q, in Washington..D.C.
DATES: Written comments mUit be received

## bY October 20. 1980. A public meeting will be held in Washington. D.C. on October 10. 1980 beginning 9:00 a.m..local time.

, ADDRESSES: The public meeting is to be 

### beld at: Room 3OOOA. Federal Building, 12th

### andPennsylvania Ave

.. N.W

.. Waahington, D.C. Written commentl should be addressed to MS. Carol 

### A.**_~** (HeariDg Procedures). 

## U.s.**~t** of

### Energy. Office

### of • Conservation and SolarEnergy, Office ofHearings and Dockets, Energy EfficieDcy Standards for Consumer Producta. Docket No. 

### CAS-RM

..7&-Uo. Mail Station 

### 6B--Ozs, Forrestal Building. 1000 Independence Avenue, 

### S.W

.. Wubington. D.C. 20585.

Copies ofthe DOE handouffor1I1e public meeting may be obtained after October 10. 1980 by contactingMs•. Carol A. Snipes, 

## U.s. Departmentof Energy. Office ofConservation 

### and SolarEnergy, Office ofHearings 

### and Dockets, 

### Mail Station 6B-025, Forrestal Building. 1000 Independence Avenue.**SW~.** Washington. D.C. 20585.
FOR FURTHER INFORMATION CONTACT: James A. Smith, 

### U.S. Department of Energy. Consumer Products 

### Efficiency Branch. 

### Mail Stop 

### GH-068. 1000 Independence Avenue. SW•• Washington. D.C. 20585. (202) 252-9127.
SUPPLEMENTARY INFORMATION: The 

### EnergyPolicy and Conservation Act 

### rEPeA) (Pub. L 94-163) as amended by the National Energy Conservation Policy Act (NECPA) (Pub. L gs..a19). requires that the Department ofEnergy (DOE)



### • -o:tibe energy efficiency standards 

### types ofconsumer 

### prodw::ts listed in CA as amended byNECPA. Standards for nine ofthese products

were proposed by notice issued June 19, 1980 (45 FR 43976. June 30. 1980). The proposed rule included DOE's proposed certification/enforcement**p~visions** for ensuring compliance with the efficiency standarda.lnl'Elsponse to the large number ofcomments received advocating that existinB industry sponsored trade association cOl18Uml!r product certification programs serve to monitorcompliance 

### with DOE energy efficiellCY staBaarda, DOE convened a public meeting onSeptember 9. 1980, by notice isSlled August 28, 1980 (45 FR 58132, September 2, 

### 1980). to afford interested parties.an opportunity to present view. onhow existing industry· sponaored tradeauodation .certification' programs.might play a role 

### in the DOE certificatioQjenforcementprogram.**~t** 

### thia meeting. the 

### A.l.1'-ConditiDniDg 

### and Refrigeration Institute (ARI), the Cas Appliance Manufacturers Association (GAMA), the 

### Asaociation 

### ofHome Applicance Mam.1facturers (AHAM). 

### and the HydroDica Institute (HI} made a joint preBe.Qtation1'8COmmending an altemativ-e

## QU1:i.ficationlenfol'alment approach.,

DOE hal 

### QJDIidered the certificationl 

### eDiorcemet :lIppl'tlachrecommended by the iDdWltry 

### trade auociations 

### and othertlOlDDlents made at the public meeting and has developed a revised version4fthe certificationlenforcement approach. 

### In developing 

### this reviSed 8pp1'tlach. DOE 

### has attempted-to mitigate

### the

### -concems expressed 

### at the publlc mee1lng regarding DOE's proposed certification/enforcement approach. Time

### has notpermitted DOE
to perform a complete analysis of

### aU aspects ofthe revised approach or to evaluate comments regarding 

### the

_ proposed certification/enforcement' approach. Despite

### this. DOE wishes to provide an'opportunity for interested partiel to comment on the revised· approach linee itreflecta llubstantive changes which DOE

### is considering making to 

### the approachproposed. Such
comments wouJd be considered by DOE

as it completes its analy.sis ofthe revised approach and the evaluation of
comments received on the proposed approach. Therefore, DOE 

### will convene

a public meeting on October 10. 1980 at 9:00 a.m;, in Waabington. D.C. to present this preliminary revised certificationl enf.orcememapproach to the public far
comment. A written .description ofthe

. 

### keyfeatureJ of thepreliminary revised certification/enforcement approach 

### will be made available at the public meeting. Copies 

### .of

### thiS documentmay also be obtained by conblctiDg Ms. Carol A.**Sni~atthea~8fmmdat~** beginrli.qofdna'DOtice. Requests for copies ofthis document may be

. submitted immediateiy; however. copies ofthe document 

### will not be available prior to th.rday 

### of the public meeting.

In order to 

### ac:ommOdate written
comments on this revisedapproach. DOE will re-open for this limited purpose the official comment period on the proposed rule for energy efficiencystandards 

### for .Dine types ofconsumer products begintling October 10, 1980. Comments pertaining to DOE'. revises

- certification/eafan:ement approach that

are submitted during this extension of the comment

### period 

### will be considered in**develop~** the 

### final. rule.**WRIn1!N'COIIMENT~** Interested persona areJnvited to submit
comments in

## writin8 on the revised ' version ofthe certification/enforcement approach. Such writtencomments must be received by DOE by October 20. 1980. Comments ebotdd

### be labeled both on the envelope.and the document, "Energy Efficiency

### Standards for Consumer Products [Docket No. CAS-RM-:7&- 110).·'Fiftea

### copies are mque.atedlt>-be**~d.** but

### this 11 DOta reqnirement for submitting comm8Dta.

Any perBOB, abmittiDginformation or data which is be1i.evedto be confidential

- and exempt 

### by

### lawfrom public

disclosure. 'lhauld 

### 1lDbmitit in accordance

### with the procedures -established at 10

### -CPR1004.11.

PU8UC IIIETING MOCIDURE: Because of

. the 

### importance

### ai the Energy

Conaervati.oo

# Prosram for Con.sumer Product&. OOE

### willlbes to receive 

## $a maximum lev. 

### ofpublicparticipation possible. DOE.e.DOCJlIm88.Iattendance and participation byindividuala and repre.aentatiYes oforgllDizationa.

consumersrouPa. mamafacturers and 

### indutry. 

### aDd"thai'IOvemmenragencies
at the meeting.

DOE 

### will make a presentation at the
outset oftherealIons for convening the public meeting and then presentits revised version for the proposed " certification/enfon::ementapproach. ii Participants 

### will bepermitted to ask questions to clarify the presentation. Following 

### this**~entation** there will be

an extended 

### breU period to allow attendees timea 

### to formulate their
comments and

## lorquestions concerning the revisl:ld approach. When 

### the public meeting 

### is feQmvened. DOE 

### will accept oral comments .and/or questions limited
to a time which 

### wiD be set 

### in light ofthe number ofpersons who request to speak. Persons 

### wishing to 'speak are asked to so indicate upon registration or immediately after the DOE presentation. The official conducting the meeting

### will

## , 65606 

### CAS-RM-78-110 COMMENT 06

Federal Register-I Vol. 45, No. 194 I 

## rnday. October 

## a, 19Bo 1 

### kl.cvpo&&cl 

## Rwe£.

" 

### I, call for comments or questions from those attending.

Proposed agenda for the October 10, 1980 public meeting: 9:00-11:00 

### Opening remarks and

presentation ofrevised certificationl enforcement approach. 11:00-2:00 

### Break. 2:00-5:00 

### .Comment and question

period.

_ Issued in·Washington, D.C., October 1. 1980.

- KeD)' C. Sandy 

### OJ. ExecutiveDirector. Officeof COtlservation 6' SolarEnergy.

- /FIt Doc. »-31014 FlIed**1~** ll:4S**~I** 8ILIJNG COOl

.......1

...

Federal Energy Regulatory 

### CommlMion

.
18 CFR Part 271 [Docket No. RM7t-71 (Colorado-3)] Hlgh-Cost 

### Gas Produced 

### From 

### nght. FonNItiona

AGENCY: 

### Office ofPipeline 

### and Producer Regulation, Federal Energy Regulatory Commission, DOE.

_. 

### -ACTION: Notice ofproposed rulemaldng.

SUMMARY: 

### The Federal Energy Regulatory-Commission is 

### authorized by section 107(c)(5) ofthe Natural Ga. Policy Act of1978 to designate certain

. types ofnatural ga. as bigh-cost ga. where the Commission detennines that the gas is produced under conditions

- that present extraordinary risks or costs. Under section 107(c)(5). the Commission issued a final regulation designating natural gas produced from tight ,formations as high-cost gas subject to an incentive price (18 CFR 211.703). The rule establishes procedures for jurisdictional agencies to submit to the Commission recj)mmendations ofareas for designation as tight formations. This notice ofproposed rulemaking contains the recommendations ofthe Colorado Oil and Gas Conservation Commission that the Mancos "B"**fo~ation** 

### be designated as a tight formation pursuant to § 

### 271.703(d).

DATES: 

### Comments on the proposed rule

are due prior to October 23. 

### 1980. Requests for hearing snould be filed on
or before October 8. 1980.

ADDRESS: 

### Comments and requests for hearing must be filed with Office ofthe Secretary. 825 North Capitol Street. N.!.. Washington, D.C. 20426.

FOR FURTHER INfORMATION CONTACT: 

### Leslie J. Lawner (202) 357-8027 or Victor H. Zabel (202) 357-8559. September 23. 1980. I. 

### Background
On August 

### 28. 1980. the State o! Colorado 

### Oil and Gas Conservation Commission [Colorado) submitted to the Commission a recommendation in accordance with § 

### 271.703 ofthe Commission's final regulations (45 FR 56034. 

### August 22, 

### 1980), that the

. Niobrara formation underlying specified landain Cheyenne. Kit Carson, Lincoln, Logan, Phillips, Sedgwick. Washington, and-Yuma Counties, Colorado. be designated as a tight formation in the Commission's regulations. Pursuant to § 

### 271.703(c)(4) ofthe regulations, this Notice ofProposed Rulemaking is hereby issued to determine whether Colorado's recommendation that the Niobrara formation be designated a tight formation should be adopted. Colorado's recommendation and sUPPortin8 data

are on file with the Commission and are available for public inspection.

The recommended formation is --located north and east ofDenver.

Colorado.. on the eastern flank ofthe Denver-Julesberg Basin, and underlies 

### all land in Cheyenne. Kit Carson, Lincoln, Logan, Phillip8, Sedgwick. Washington, and-Yuma Counties, Colorado. Ga8 production is from the chalk zone in the Smoky 

### Hill member of the Upper. Niobrara. The depth ofthe formation ranges from 1,300 feet and 3,000 feet.


## n. Discussion ofthe Recommendation

Colorado claims in its submission that evidence gathered through information and testimony presented at a public hearing convened by Colorado on this matter demonstrates that:

(1) The average 

### in situ gas permeability throughout the pay section ofthe proposed area is not expected to exceed 0.1 millidarcy;

(2) The stabilized production rate. against atmospheric pressure. ofwells completed for production from the Smoky 

### Hill in the Upper Niobrara formation at depths of 1300 feet to 3000 feet, without stimulation, is not expected
to exceed the maximum allowable production rate set out in § 

### 277.703{c)(2)[i}(B): and

(3) Hydrocarbons usually do not exist

as a liquid in the recommended formation. No well is expected to produce more than five (5) barrels of crude oil per day.

Colorado further asserts that typical casing design ofwells drilled-in the recommended formation, as required by Colorado's rules and regulations. will protect fresh water aqUifers.

.

Accordingly, pursuant to the authonty delegated to the Director ofthe Office of 

### Pipeline and Producer Regulation by Commission Order No. 97, issued August 1, 1980, in Docket No. 

### RM8(). [45 FR 53456. 

### August 12, 1980}, notic hereby given ofthe proposal submit by.Colorado that the Niobrara formation,as described and delinea' in Colorado's recommendation as fi with the Commission, be designatel



### a tight formation pursuant to § 

### 271.:


# m. Public 

### COmment Procedures

Interested persons may-comment this proposed rulemaldng by submi written data. views or arguments t( Office ofthe Secretary. Federal 

### Enl Regulatory Commission, 825 

### North Capitol Street. N.E., Wasbington, D 20426. on or before October 23. 

### 1981 

### Each person submitting a comment should indicate that the comments being submitted in Docket No. 

### RM: (Colorad0-3). and should give rea including any s!1pporting data for II 

### recommendations. Comments shou also indicate the name. title, maifir addres8, and telephone number of person to wbom communications concerning the proposal may be addressed. An original and 14 conformed copie. should be filed, the secretary ofthe· Commission. Written comments will be placed i 

### Commi.sion'8 public file8 and 

### will available for public inspection,at t Commis8ion's Office ofPublic Information. Room 1000. 825 

### Nortb Capitol Street N.E.. Washington, 

## r during bU8ines8 hours.

Any person wishing to present testimony, views. data or otherwil particpate at a public hearing shol notify the Commission in writing 1 

### they wish to make an oral present and therefore request a public heE Such request shall specify the ami time requested at the hearing. Re( should be filed with the Commiss: later than October 8. 1980. (Natural Gas Policy Act of1978. (15 U 3301--3342.J)



### Accordingly, the Commission proposes to amend the regulation Part 271. Chapter I. Title 18. Code Federal Regulations. as set forth 1 

### in the event Colorado's recomme: is adopted.
Kenneth A. WiIli.ams, Director. Office of Pipeline andProdlJ Regulation. 

### 1. Section 271.703(d) is amendE adding new subparagraphs (1) ar read as follows:

§ 271.703 TIght formations

* (d) 

### Designatedtightformation The following formations are del

as tight formations: