### 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 areasin 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 andRenewable 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

### 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 andFurnaces 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