Federal Register / Vol. 61, No. 218 / Friday, November 8, 1996 / Notices

Ave. NE, Seattle; and King County Academy, may involve on-going

Library, 300 8th Ave. North, Seattle. criminal investigations, and include

ADDRESSES : The Navy will conduct a discussions of personal information the

public hearing on Monday December 2, disclosure of which would constitute a

1996 at 7:00 PM in the auditorium at clearly unwarranted invasion of

Eckstein Middle School, 3003 NE 75th personal privacy. Accordingly, the

Street, Seattle, Washington, to inform Secretary of the Navy has determined in

the public of the DEIS findings and to writing that the executive session

solicit comments. Federal, state and portion of the meeting shall be closed to

local agencies, and interested the public because they will be

individuals are invited to be present or concerned with matters as outlined in

represented at the hearing. Oral section 552(b) (2), (5), (6), and (7) of title

comments will be heard and transcribed 5, United States Code. Due to

by a stenographer. To assure accuracy of extraordinary administrative delays, this

the record, all comments should be published notice may provide less than

submitted in writing. All comments, 15 days notice, per 41 CFR Section 101-

both oral and written, will become part 6.1015(b)(2).

of the public record in the study. In the FOR FURTHER INFORMATION CONTACT:

interest of available time, each speaker Lieutenant Commander Adam S. Levitt,

will be asked to limit oral comments to U.S. Navy Secretary to the Board of

three minutes. Longer comments should Visitors, Office of the Superintendent,

be summarized at the public hearing United States Naval Academy,

and submitted in writing either at the Annapolis, MD 21402-5000, telephone

hearing or mailed to the address listed number (410) 293-1503.

below. Dated: November 5, 1996.

FOR FURTHER INFORMATION CONTACT : All D.E. Koenig,

written comments must be submitted no LCDR, JAGC, USN, Federal Register Liaison later than December 23, 1996, to Mr. Officer.

Don Morris (Code 232DM), Engineering [FR Doc. 96-28764 Filed 11-7-96; 8:45 am]

Field Activity Northwest, Naval

Facilities Engineering Command, 19917 BILLING CODE 3810-FF-P

7th Ave. NE, Poulsbo, WA 98370-7570;

telephone (360) 396-0920; FAX (360)

396-0854.

Dated: November 5, 1996.

D.E. Koenig,

LCDR, JAGC, USN, Federal Register Liaison

Officer.

[FR Doc . 96-28767 Filed 11-7-96 ; 8:45 am]

DEPARTMENT OF ENERGY

Public Meetings on Electricity

Restructuring

AGENCY: Office of Policy, U.S.

Department of Energy.

BILLING CODE 3810-FF-P

Board of Visitors to the United States

Naval Academy; Partially Closed

Meeting

SUMMARY : Pursuant to the provisions of

the Federal Advisory Act (5 U.S.C. App.

2), notice is hereby given that the Board

of Visitors to the United States Naval

Academy will meet on 18 November,

1996, at Alumni Hall, United States

Naval Academy, Annapolis, MD at 8:30

a.m. The executive session of this

meeting from approximately 8:30 a.m. to

10:30 a.m. will be closed to the public.

Following executive session to the

remainder of the meeting will be opened

to the public.

The purpose of the meeting is to make

such inquiry as the Board shall deem

necessary into the state of morale and

discipline, the curriculum, instruction,

physical equipment, fiscal affairs, and

academic methods of the Naval

Academy. During executive session

these inquiries will relate to the internal

personnel rules and practices of the

ACTION : Notice of public meetings.

SUMMARY : On September 27, 1996, the

U.S. Department of Energy announced

two public meetings to solicit input

from affected constituencies before

formulating the Department's

recommendation respecting electric

industry restructuring. (61 FR 50810)

This is an announcement for two more

public meetings in Chicago, Illinois and

Atlanta, GA. The midwest regional

meeting in Chicago, Illinois will focus

on market structure and operational

issues. The southeast regional meeting

in Atlanta, Georgia will provide an

opportunity to revisit issues already

covered as well as new ones such as the

Public Utility Regulatory Policies Act,

tax issues, and research and

development. Although each meeting

will focus on specific issue areas,

participants will be allowed to address

other topics pertaining to electric

industry restructuring.

DATES : November 15, 1996: Chicago,

Illinois; December 12, 1996: Atlanta,

GA.

57857

ADDRESSES : The meetings will be held at

the following Addresses:

Midwest Regional Meeting, Marriott -

Chicago Downtown, 540 North

Michigan Avenue, Chicago, Illinois

Southeast Regional Meeting, Site TBD,

Atlanta, GA

Information Hotline: (423) 576-3610.

Issued in Washington, D.C. November 4,

1996.

Marc Chupka,

Acting Assistant Secretary for Policy and

International Affairs.

[FR Doc. 96-28744 Filed 11-7-96; 8:45 am]

BILLING CODE 6450-01-P

Office of Energy Efficiency and

Renewable Energy

[Case No. DH-006]

Energy Conservation Program for

Consumer Products: Decision and

Order Granting a Waiver From the

Vented Home Heating Equipment Test

Procedure to Vermont Castings, 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-006)

granting a Waiver to Vermont Castings,

Inc. (Vermont Castings) from the

existing Department of Energy (DOE or

Department) test procedure for vented

home heating equipment. The

Department is granting Vermont

Castings' Petition for Waiver regarding

pilot light energy consumption for

manually controlled heaters in the

calculation of Annual Fuel Utilization

Efficiency (AFUE), and calculation

procedure for weighted average steady

state efficiency for manually controlled

heaters with various input rates for its

model DV40 manually controlled

vented heater.

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.

 CAS-RM-79-104 COMMENT 155
57858 Federal Register / Vol. 61, No. 218 / Friday, November 8, 1996 / Notices

In the Decision and Order, Vermont

Castings has been granted a Waiver for

its model DV40 manually controlled

vented heater, permitting the company

to use an alternate test method in

determining AFUE.

Issued in Washington, DC, on November 4,

1996.

Christine A. Ervin,

Assistant Secretary, Energy Efficiency and

Renewable Energy.

Decision and Order

In the matter of. Vermont Castings,

Inc. (Case No. DH-006).

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.

Vermont Castings filed a "Petition for

Waiver," dated July 12, 1996, in

accordance with section 430.27 of Title

10 CFR Part 430. The Department

published in the Federal Register on

September 10, 1996, Vermont Castings'

Petition and solicited comments, data

and information respecting the Petition.

61 FR 47741, September 10, 1996.

Vermont Castings also filed an

"Application for Interim Waiver" under

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

on September 4, 1996. 61 FR 47741,

September 10, 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

Vermont Castings Petition. The FTC did

not have any objections to the issuance

of the waiver to Vermont Castings.

Assertions and Determinations

Vermont Castings' Petition seeks a

waiver from the DOE test provisions

regarding (a) pilot light energy

consumption for manually controlled

heaters in the calculation of AFUE and

(b) calculation procedure for weighted

average steady state efficiency for

manually controlled heaters with

various input rates. 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=[44001 TIaQi„_m,X]/

[440071s.Qin_max+2.5(4600)il„ Qp].

Vermont Castings requests the

allowance to delete the [2.5(4600)rl„Qp]

term in the denominator in the

calculation of AFUE when testing its

model DV40 manually controlled

vented heater. Vermont Castings states

that its model DV40 manually

controlled 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 instruct 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, Vermont Castings asks that

the Waiver be granted.

Based on DOE's review of how

Vermont Castings' model DV40

manually controlled vented heater

operates and the fact that if the

manufacturer's instructions are

followed, the pilot light will not be left

on, DOE grants Vermont Castings 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 be maintained.

Vermont Castings also seeks a Waiver

from the DOE test provisions in section

3.1.1 of Title 10 CFR Part 430, Subpart

B, Appendix 0 that requires steady state

efficiency for manually controlled

heaters with various flow rates to be

determined at a fuel input rate that is

within ±5 percent of 50 percent of the

maximum fuel input rate, and the use of

this data in section 4.2.4 to determine

the weighted average steady state

efficiency in the calculation of AFUE.

Vermont Castings states that its

manually controlled heaters utilize a gas

control with a variable pressure

regulator control that allows the user to

select various fuel input rates by varying

the range of pressures of the heaters,

and requests that it be allowed to

determine steady state efficiency and

weighted average steady state efficiency

in the calculation of AFUE at a

minimum fuel input rate of no greater

than two-thirds of the maximum fuel

input rate instead of the specified ±5

percent of 50 percent of the maximum

fuel input rate. Also, 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 and

allowance to determine steady state

efficiency and weighted average steady

state efficiency used in the calculation

of AFUE at a minimum fuel input rate

of no greater than two-thirds of the

maximum fuel input rate 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

 CAS-RM-79-104 COMMENT 155
Federal Register / Vol. 61, No. 218 / Friday, November 8, 1996 / Notices

17290, April 19, 1996; and Superior

Fireplace Company, 61 FR 17885, April

23, 1996.

Based on DOE having granted similar

waivers in the past to heaters utilizing

a variable pressure regulator control that

allows a user to set various fuel input

rates, DOE agrees that a waiver should

be granted to allow the determination of

steady state efficiency and weighted

average steady state efficiency used in

the calculation of AFUE at a minimum

fuel input rate of no greater than twothirds of the maximum fuel input rate

instead of the specified ±5 percent of 50

percent of the maximum fuel input rate

for Vermont Castings model DV40

manually controlled vented heater.

It is therefore, ordered that:

(1) The "Petition for Waiver" filed by

Vermont Castings, Inc. (Case No. DH006) 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, Vermont

Castings, Inc. shall be permitted to test

its model DV40 manually controlled

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) The last paragraph of 3.1.1 of

Appendix 0 is revised to read as

follows:

3.1.1 (a) For manually controlled gas

fueled vented heaters, with various

input rates determine the steady-state

efficiency at:

(1) A fuel input rate within ±5 percent

of 50 percent of the maximum fuel input

rate or,

(2) The minimum fuel input rate if the

design of the heater is such that ±5

percent of 50 percent of the maximum

fuel input rate can not be set, provided

this minimum input rate is no greater

than two-thirds of the maximum input

rate of the heater.

(b) If the heater is designed to use a

control that precludes operation at other

than maximum output (single firing

rate) determine the steady state

efficiency at the maximum input rate

only.

(iii) Delete paragraph 4.2.4 of

Appendix 0 and replace with the

following paragraph:

4.2.4 Weighted Average Steady-State

Efficiency. (a) For manually controlled

heaters with various input rates, the

weighted average steady-state efficiency

(rlss-WT) is:

(1) At ±5 percent of 50 percent of the

maximum fuel input rate as measured in

either section 3.1.1 to this appendix for

manually controlled gas vented heaters

or section 3.1.2 to this appendix for

manually controlled oil vented heaters,

or

(2) At the minimum fuel input rate as

measured in either section 3.1.1 to this

appendix for manually controlled gas

vented heaters or section 3.1.2 to this

appendix for manually controlled oil

vented heaters if the design of the heater

is such that ±5 percent of 50 percent of

the maximum fuel input rate cannot be

set, provided the tested input rate is no

greater than two-thirds of maximum

input rate of the heater.

(b) For manually controlled heater

with one single firing rate, the weighted

average steady-state efficiency is the

steady-state efficiency measured at the

single firing rate.

(iv) 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 =11„

where:

rl,, = as defined in section 4.2.5 of this

appendix.

(v) With the exception of the

modification set forth above, Vermont

Castings, 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 model DV40

manually controlled vented heater

manufactured by Vermont Castings, 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 4, 1996, this

Waiver supersedes the Interim Waiver

granted Vermont Castings, Inc. on

September 4, 1996. 61 FR 47741,

September 10, 1996. (Case No. DH-006).

Issued in Washington, DC, on November 4,

1996.

Christine A. Ervin,

Assistant Secretary, Energy Efficiency and

Renewable Energy.

[FR Doc. 96-28745 Filed 11-7-96; 8:45 aml

BILLING CODE 6450-01-P

Federal Energy Regulatory

Commission

[Docket No. ER97-178-000]

57859

Boston Edison Company ; Notice of

Filing

November 4, 1996.

Take notice that on October 11, 1996,

Boston Edison Company tendered for

filing its compliance refund report

pursuant to the Commission's

September 16, 1996 letter order in

Docket Nos. ER93-150-009, EL93-10-

006 and EL94-73-00 1.

Any person desiring to be heard or to

protest said filing should file a motion

to intervene or protest with the Federal

Energy Regulatory Commission, 888

First Street, NE., Washington, DC 20426,

in accordance with Rules 211 and 214

of the Commission's Rules of Practice

and Procedure (18 CFR 385.211 and 18

CFR 385.214). All such motions or

protests should be filed on or before

November 15, 1996. Protests will be

considered by the Commission in

determining the appropriate action to be

taken, but will not serve to make

Protestants parties to the proceeding.

Any person wishing to become a party

must file a motion to intervene. Copies

of this filing are on file with the

Commission and are available for public

inspection.

Lois D. Cashell,

Secretary.

[FR Doc. 96-28707 Filed 11-7-96; 8:45 am]

BILLING CODE 6717-01-M

[Docket No. ER96-371-001 & Docket No.

ER95-1295-001 (Not Consolidated)]

Cleveland Electric Illuminating

Company and Market Responsive

Energy, Inc.; Notice of Filing

November 4, 1996.

Take notice that on October 11, 1996,

Cleveland Electric Illuminating

Company tendered for filing revised

Market Based Tariff, FERC No. 4 in

compliance with the Commission's

order issued on September 27, 1996 in

Docket No. ER96-376-000. Also in

compliance with that order, Market

Responsive Energy, Inc. tendered for

filing revised Market Based Rate

Schedule, FERC No. 1, and Code of

Conduct, Supplement No. 1 to Rate

Schedule FERC No. 1.

Any person desiring to be heard or to

protest said filing should file a motion

to intervene or protest with the Federal

Energy Regulatory Commission, 888

First Street, N.E., Washington, D.C.

20426, in accordance with Rules 211

and 214 of the Commission's Rules of

 CAS-RM-79-104 COMMENT 155