55020 Federal Register / Vol. 48, No. 237 / Thursday, December 8, 1983 / Notices

Textile products in Category 313 which

have been exported to the United States prior

to November 30, 1983 shall not be subject to

this directive.

Textile products in Category 313 which

have been released from the custody of the

U.S. Customs Service under the provisions of

19 U.S.C. 1448(b) or 1484(a)(1)(A) prior to the

effective date of this directive shall not be

denied entry under this directive.

A description of the textile categories in

terms of T.S.U.S.A. numbers was published in

the Federal Register on December 13. 1982 (47

FR 55709), as amended on April 7, 1983 (48 FR

15175) and May 3.1983 (48 FR 19924).

In carrying out the above directions, the

Commissioner of Customs should construe

entry into the United States for consumption

to include entry for-consumption into the

Commonwealth of Puerto Rico.

The action taken with respect to the

Government of the People's Republic of

China and with respect to imports of cotton

textile products from China has been

determined by the Committee for the

Implementation of Textile Agreements to

in%olve foreign affairs functions of the United

States. Therefore. these directions to the

Commissioner of Customs, which are

necessary for the implementation of such

actions, fall within the foreign affairs

exception to the rule-making provisions of 5

U.S.C. 553. This letter will be published in the

Federal Register.

Sincerely.

Walter C. Lenahan,

Chairman, Committee for the Implementation

of Textile Agreements.

IFR Doc 83-3Z&35 Filed 12-7-83: e:45 amt

eiWNG CODE 3510 •DR-U

DEPARTMENT OF DEFENSE

Department of the Army

Intent To Prepare a Draft

Supplemental Environmental Impact

Statement (DSEIS) for Offshore

Dredged Material Disposal Site

Designation Related to Channel

Modifications for Mobile Harbor,

Alabama

AGENCY: U.S. Army Corps of Engineers.

DoD.

ACTION: Notice of Intent To Prepare a

Draft Supplemental Environmental

Impact Statement (DSEIS).

SUMMARY: 1. Proposed Action: The

proposed action is to prepare a DSEIS

for designation of a new, large capacity

offshore site(s) for disposal of suitable

dredged material. In particular,

proposed channel modifications to

Mobile Harbor, Alabama, could

generate as much as 141.2 million cubic

yards of new work material and an

annual volume of 4.5 million cubic yards

of maintenance material for offshore

disposal.

2. Alternatives: Dredged material

disposal options discussed in the project

EIS for Mobile Harbor modifications

include: Construct island and fill areas

in upper and lower Mobile Bay; openwater disposal in the bay and/or Gulf of

Mexico; upland disposal; recycle

material off existing disposal sites; and

shoreline nourishment to abate erosion.

Resulting proposed options included

creation of a fill area in upper Mobile

Bay and offshore disposal in the Gulf of

Mexico. The Project EIS accomplished

an initial screening phase for selection

of suitable offshore disposal areas. The

DSEIS will provide additional site

specific detailed information for the

final site designation process.

3. Scoping Process: a. An initial public

meeting for the Mobile Harbor study

was held on 25 April 1967 for the

purpose of informing the public about

the study and to obtain their views as to

desired modifications to the existing

project. Due to a request by local

interests, study efforts were directed for

the next several years to an interim

study that addressed the authorization

and advanced engineering and design

studies for the Theodore Ship Channel

part of the Mobile Harbor project. A

Final Environmental Impact Statement

for the Theodore Ship Channel project

was filed with the Council on

Environmental Quality on 10 March

1977. Early in 1975 a special committee,

which became known as the Mobile

Harbor Advisory Committee, was

formed for the purpose of providing

access to the planning process for a

wide cross-section of the various public

in the Mobile Region, A second public

meeting was held at Mobile, Alabama,

on 22 November 1976, with over 140

persons in attendance. In addition to the

public meetings and workshops,

informal working level meetings were

conducted with various environmental

agencies and an environmental quality

committee to identify problems and

needs of the area and to develop

measures to enhance environmental

quality.

b. Significant issues analyzed in the

Mobile Harbor project EIS are

associated with construction of a wider

and deeper main bay channel and the

various techniques of disposal of new

work material and maintenance

material for the 50-year economic life of

the project.

c. The Mobile Harbor EIS was

circulated with a Survey Report for

review and comment to Federal, State,

and local agencies, citizens groups, and

interested parties. A late stage public

meeting was held on 31 July 1978 and

the final EIS was filed with the

Environmental Protection Agency on 22

May 1981.

4. Scoping Meeting: No additional

scoping meetings are scheduled due to

the advanced state of the site

designation process and the

coordination that has taken place to

date.

5. DSEISPreparation.' It is estimated

that the DSEIS will be available to the

public in February 1984.

ADDRESS: Questions about the proposed

action and DSEIS can be answered by:

Mr. K. Paul Bradley. PD-EE. U.S. Army

Engineer District, Mobile, F.O. Box 2288,

Mobile, Alabama 36628.

Dated: December 1, 1963.

Ronald A. Krizman,

Lieutenant Colonel, CE. Acting District

Engineer.

IFS Doc. 53-3251'4 riled 12r-S.. 5:4E omt

BILLING CODE 3710-R-U

DEPARTMENT OF ENERGY

Office of Conservation and

Renewable Energy

[Case No. F-Ml

Energy Conservation Program for

Consumer Products; Decision and

Order Granting Waiver From Furnace

t

Test Procedures to Hydrotherm, Inc.

AGENCY: Office of Conservation and

Renewable Energy. Energy.

ACTION: Decision and order.

SUMMARY: Notice is,given of the

Decision and Order [Case No. F-009]

granting Hydrotherm. Inc. a waiver for

its models of furnaces with step

modulating controls from the existing

DOE furnace test procedures.

FOR FURTHER INFORMATION CONTACT:

Michael J. McCabe, U.S. Department of

Energy. Office of Conservation and

Renewable Energy, Mail Station CE112.1, Forrestal Building. 1000

independence Avenue, SW1'.,

Washington, D.C. 20585, (202) 252-

9127; and

Eugene Margolis, Esq., U.S. Department

of Energy, Office of General Counsel,

Mail Station GC-33. Forrestal

Building, 1000 Independence Avenue,

SW., Washington, D.C. 20585, (202)

252-9513

SUPPLEMENTARY INFORMATION: In

accordance with 10 CFR 430.27(g), notice

is hereby given of the issuance of the

Decision and Order set out below. In the

Decision and Order, Hydrotherm, Inc.

has been granted a waiver from

Decision and Order, Hydrotherm, Inc.

has been granted a waiver from the

CAS-RM-79-104 COMMENT 21
Federal Register / Vol. 48, No. 237 / Thursday, December 8, 1983 / Notices

DOE furnace test procedures for its

models of boilers equipped with step

modulating controls, permitting the

company to use an alternate test

method. Waivers generally remain in

effect until final test procedure

amendments become effective, resolving

the problem that is the subject of the

waiver.

Issued in Washington, D.C., November 23,

1983.

Howard S. Coleman,

Principal Deputy Assistant Secretory,

Conservation and Renewable Energy.

Decision and Order of the Department of

Energy

Assistant Secretary for Conservation

and Renewable Energy.

In the Matter of Hydrotherm, Inc.;

Case No. F-009.

Background

The Energy Conservation Program for

Consumer Products was established

pursuant to the Energy Policy and

Conservation Act, Pub. L. 94-163, 89

Stat. 917, as amended by the National

Energy Conservation Policy Act, Pub. L.

95-619, 92 Stat. 3286, which requires the

Department of Energy (DOE) to

prescribe standardized test procedures

to measure the energy consumption of

certain consumer products, including

furnaces. The intent of the test

procedures is to provide a. comparable

measure of energy consumption that will

assist consumers in making purchase

decisions. These test procedures°appear request, DOE has proposed furnace test

at 10 CFR Part 430, Subpart B.

The Department of Energy amended

the prescribed test procedure

regulations, by adding § 430.27, to allow

the Assistant Secretary for Conservation

and Renewable Energy (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 of

the basic model 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 characteristics as to

provide materially inaccurate

comparative data. (45 FR 64108,

S"ptember 26, 1980).

Pursuant to § 430.27(g), the Assistant

Secretary shall pubish in the Federal

Register notice of each waiver granted,

and any limiting ccnditions of each

waiver.

Hyrotherm, Inc. (Hydrotherm) filed a

"Petition for Waiver" in accordance

with § 430.27 of 10 CFR Part 430. DOE

published in the Federal Register the

Hydrotherm petition and solicited

comments, data, and information

respecting the petition (48 FR 28528, June

8, 1983). No comments were received.

DOE consulted with the Federal Trade

Commission on August 9, 1983,

concerning the Hydrothem petition.

Assertions and Determinations

Hydrotherm contends that the existing

test procedures which provide for

testing at only one firing rate will lead to

materially inaccurate comparative data

when applied to its models of

modulating boilers which share two

firing rates. Hydrotherm reports a

difference in efficiency of two to three

percentage points depending on which

firing rate is used in the calculation.

Hydrotherm requests that it be

permitted to use, as an alternate test

procedure, the test procedure prepared

for DOE by the National Bureau of

Standards (NBS) entitled, "A Test

Method and Calculation Procedure for

Determining Annual Efficiency for

Vented Household Heaters and

Furnaces Equipped with ModulatingType Controls (INS Interagency Report

82-2497, dated May 1982). This

procedure is one which appropriately

weighs the two efficiencies depending

on the percent of time in each firing

mode. DOE believes this method would

be more appropriate for the Hydrotherm

design of modulating boiler than the

currently prescribed higher firing rate

provisions.

Since the receipt of Hydrotherm's

procedure amendments to include the

NBS test method as the procedure that

would be used when testing all furnaces

and boilers with modulating controls (48

FR 28014, June 17, 1983). The modulating

boiler provisions of the June 17 proposal

are the test method outlined In the

NBSIR 82-2497. It is the intent of today's

decision and order that Hydrotherm be

granted the use of the proposed

provisions relating to modulating boilers

as specified in the June 17, 1983,

proposed rule. As with all waivers,

today's decision and order expires no

later than the effective date of the final

rule amendments covering boilers with

step modulating controls. Comments

received regarding the proposed

amendment may result in some changes

to the final provisions prescribed for

modulating boilers. if this occurs, the

final provisions will be applicable to

Hydrotherm boilers. Todcy's grant in no

way indicates the adoption by DOE of

the proposed amendments prior to

completion of the rulemaking process.

It is therefore ordered that:

(1) The "Petition for Waiver" filed by

Hydrotherm, Inc. is hereby granted as

55021

set forth in paragraph (2) below, subject

to the provisions of paragraphs (3) and

(4).

(2) Hydrotherm, Inc. shall test its

models of boilers equipped with step

modulating controls on the basis of the

test procedures specified in Appendix ^,

10 CFR Part 430, with the addition of the

following provisions found in proposed

Appendix N (48 FR 28014), 28027, 28030,

June 17, 1963);

(i) Section 2.1 and 2.2 of proposed

Appendix N, 48 FR 28014, 2807

(ii) Section 3.1 and 3.4 of proposed

Appendix N, 48 FR 28014, 28027

(iii) Section 4.5 of proposed Appendix

N, 48 FR 28014, 28030.

(3) The waiver shall remain in effect

from the date of issuance of this order

until the Department of Energy

prescribes final test procedures for

boilers with step modulating controls.

(4) This is waiver is based upon the

presumed validity of statements,

allegations and documentary materials

submitted by the applicant and

commenters. This waiver may be

revoked or modified at any time upon a

determination that the factual basis

underlying the application is incorrect.

Issued in Washington, D.C., November 15.

13.

Pat Conine,

AetingAssistant Secretary, Consenation c id

Renewable Energy.

(FR nor. 81-25'478 Filed L'-7-8;. 8.^5 arra

wi.LIHG coca 5450-es-M

Economic Regulatory Administration

The Parade Co.; Action Takcn on

Consent Order

AGENCY: Economic Regulatory

Administration Energy.

ACTION: Notice of action taken on

Consent Order.

SUMMARY: The Economic Regulatory

Administration (ERA) of the Department

of Energy (DOE) announces that it has

adopted a Consent Order with The

Parade Company (Parade) as a final

order of the DOE.

FOR FURTHER INFORMATiOH CoP'rAcT:

David H. Jackson, Director, Kansas City

Office, Economic Regulatory

Administration, 324 East 11th Slrcet,

Kansas City, Missouri 64108-2436, (S'5)

374-2092.

SUPPLEMENTARY INFORMATIGN: On

September 23, 1983, 48 FR 43377, the

ERA published a notice in the Federal

Register that it executed a proposed

Consent Order with The Parade

Company of Shreveport, Louisiana on

August 16, 1983 which would not

CAS-RM-79-104 COMMENT 21