CAS-RM-78-110 COMMENT 06

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 of the

Department of Energy'. Energ,

Efficiency Standards Program for

Consumer Products

AGENCY: Department of Energy.

.Acnorc Notice of public meetng.

SUMMMv: The Department of Energy

[DOE) is inviting the public to submit

comments on a revised version of the

certification/enforcement approach for

energy efficiency standards for_

consumer products 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

be held beginning 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 and Pennsylvania Ave.. N.W..

Waahington, D.C. Written commentl

should be addressed to MS. Carol A. _~ (HeariDg Procedures). U.s. ~tofEnergy. Office of • Conservation and Solar Energy, Office

of Hearings 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 of the DOE handouffor 1I1e

public meeting may be obtained after

October 10. 1980 by contacting Ms•.

Carol A. Snipes, U.s. Department of

Energy. Office of Conservation and

Solar Energy, Office of Hearings 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

Energy Policy 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 of Energy (DOE)

•

-o:tibe energy efficiency standards

types of consumer prodw::ts listed

in CA as amended by NECPA.

Standards for nine of these 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.ln l'Elsponse to the large

number of comments received

advocating that existinB industry

sponsored trade association cOl18Uml!r

product certification programs serve to

monitor compliance with DOE energy

efficiellCY staBaarda, DOE convened a

public meeting on September 9. 1980, by

notice isSlled August 28, 1980 (45 FR

58132, September 2, 1980). to afford

interested parties.an opportunity to

present view. on how existing industry·

sponaored trade auodation .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'tlach recommended by

the iDdWltry trade auociations and

othertlOlDDlents made at the public

meeting and has developed a revised

version 4fthe 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 not permitted DOE

to perform a complete analysis ofaU

aspects of the 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 it reflecta llubstantive

changes which DOE is considering

making to the approach proposed. 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.orcemem approach to the public far

comment. A written .description of the .

key featureJ of the preliminary revised

certification/enforcement approach will

be made available at the public meeting.

Copies .of thiS document may also be

obtained by conblctiDg Ms. Carol A.

Sni~atthea~8fmmdat~

beginrli.q of dna'DOtice. Requests for

copies of this document may be .

submitted immediateiy; however. copies

of the 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 of consumer

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 are Jnvited to submit

comments in writin8 on the revised '

version of the certification/enforcement

approach. Such written comments 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 DOt a reqnirement

for submitting comm8Dta.

Any perBOB, abmittiDginformation or

data which is be1i.evedto be confidential

- and exempt by law from public

disclosure. 'lhauld 1lDbmit it 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. of public participation

possible. DOE .e.DOCJlIm88.I attendance

and participation by individuala and

repre.aentatiYes of orgllDizationa.

consumer srouPa. mamafacturers and

indutry. aDd "thai'IOvemmenragencies

at the meeting.

DOE will make a presentation at the

outset of therealIons for convening the

public meeting and then present its

revised version for the proposed " certification/enfon::ement approach. ii

Participants will be permitted 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 andlor questions 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 of the

number of persons 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 meetingwill
, 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 of revised 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.

Executive Director. Office ofCOtlservation 6'

Solar Energy. -

/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 of Pipeline and Producer

Regulation, Federal Energy Regulatory

Commission, DOE. _.

-ACTION: Notice of proposed rulemaldng.

SUMMARY: The Federal Energy

Regulatory-Commission is authorized by

section 107(c)(5) of the Natural Ga.

Policy Act of 1978 to designate certain .

types of natural 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 of areas

for designation as tight formations. This

notice of proposed rulemaking contains

the recommendations of the 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 of the

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 of the

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) of the regulations, this

Notice of Proposed 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 of Denver.

Colorado.. on the eastern flank of the

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 of the

formation ranges from 1,300 feet and

3,000 feet.

n. Discussion of the 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

of the proposed area is not expected to

exceed 0.1 millidarcy;

(2) The stabilized production rate.

against atmospheric pressure. of wells

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 of wells 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 of the 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 of the 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 of the 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 of the·Commission.

Written comments will be placed i

Commi.sion'8 public file8 and will

available for public inspection,at t

Commis8ion's Office of Public

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 of 1978. (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 ofPipeline andProdlJ

Regulation.

1. Section 271.703(d) is amendE

adding new subparagraphs (1) ar

read as follows:

§ 271.703 TIght formations

*

(d) Designated tight formation

The following formations are del

as tight formations: