## Tuesday March 4, 1980



# a 

# Part III


# Department of Energy

Office of Conservation and Solar Energy

Proposed Rulemaking and Public Hearing Regarding Provisions for the Waiver of Consumer Product Test Procedures 

## Tuesday March 4, 1980



# Part III


# Department of Energy

Office of Conservation and Solar Energy

Proposed Rulemaklng and Public Hearing Regarding Provisions for the Waiver of Consumer Product**T~t** 

## Procedures

### 14188 Federal Register I Vol. 45, No. 44 / Tuesday, March 4, 19M / Proposed Rules

DEPARTMENT OF ENERGY

Office of Conservation and Solar Er y

10 L;fR Part 430
(CAS

-RM-50-116]

Energy Conservation Program for Consumer Products; Propo sed Rulemaking and Public Hearing Regarding Provisions for the Waiver of
Consumer Product Test Procedures

AGENCY: Department of Energy.
ACTION: Proposed rule.

SUMMARY: The Department of Energy proposes to amend its consumer product test procedures established as part of the energy conservation program for consumer products. This program was established pursuant to the Energy Policy and Conservation Act, as amended by the National Energy Conservation Policy Act. Among other program elements, the legislation requires that standard methods of testing be prescribed for covered products. Today's proposed amendment would establish provisions allowing the Department temporarily to waive test procedure requirements for particular covered products containing unique design characteristics which either prevent testing according to the p ribed test procedures or which the p,. _,.ribed test procedures evaluate in a manner so unrepresentative of their true energy consumption characteristics as to provide materially inaccurate comparative data. DATES: Written comments in response to this notice by May 5. 1980; requests to speak at the public hearing by March 12, 1980; written statements by March 12, 1980: public hearing to be held on April 30, 1980. Speakers to be notified by 4:30 p.m., March 14. 1980.
ADDRESSES: Send comments, requests to speak at the public hearing, and written statements to: U.S. Department of Energy, Office of Conservation and Solar Energy, Consumer Product TestProcedure Waiver, Docket No. CASRM-80-116, Mail Station 2221C, 20 Massachusetts Avenue NW., Washington, D.C. 20585. The public hearing will be held at: Department of Energy, Room 3000A, Federal Building, 12th Street and Pennsylvania Avenue NW., Washington, D.C. 20585, at 9:00 a.m.

FOR FURTHER INFORMATION CONTACT.

James A. Smith, Consumer Products Efficiency Branch. Office of Conservation and Solar Energy. U.S. Department of Energy, Room 2248, 20 Massachusetts Avenue NW„ Washington, D.C. 20385 (202)
378-4814. Carol A. Snipes (Hearing Procedures), Office of Conservation and Solar Energy, U.S. Department of Energy, Mail Stop 2221C. 20
Massachusetts Avenue NW., Washington, D.C. 20585 (202) 376-1851. Eugene Margolis, Office of General Counsel, U.S. Department of Energy. Room 2109, 20
Massachusetts Avenue NW„ Washington,
D.C. 20585 (202) 376-4618.

SUPPLEMENTARY INFORMATION:
A. Background

Section 323 (42 USC 6293) of the Energy Policy and Conservation Act (SPCA) (Pub. L 94-163), as amended by the National Energy Conservation Policy Act (NECPA) (Pub. L 95..619), requires the Department of Energy (DOE) to prescribe standardized test procedures to measure the energy consumption characteristics of certain specified consumer products. These test procedures form one element of the energy conservation program for consumer products established by Title Ill, Part B of the Act.' The test procedures are intended for use in other program elements such as product labeling (administered by the Federal Trade Commission pursuant to section 324 of the Act) and minimum energy efficiency standards (currently under development by DOE pursuant to section 325). DOE has prescribed test procedures for all the types of covered products enumerated in section 322(a)(1)-(13) of the Act, including refrigerators and refrigerator-freezers, freezers, dishwashers, clothes dryers, water heaters, room air conditioners, home heating equipment (not including furnaces), television sets, kitchen ranges and ovens, clothes washers, humidifiers, dehumidifiers, central air conditioners, and furnaces. These test procedures appear at 10 CFR Part 430, Subpart B. Today's proposed rule would amend the test procedures to allow DOE to temporarily waive test procedure requirements for particular covered products incorporating unique design characteristics which either prevent testing according to the prescribed test procedures or which the prescribed test procedures evaluate in a manner so unrepresentative of their true energy consumption characteristics as to provide materially inaccurate comparative data.

' References in this notice to "the Act" or to sections of the Act refer to EPCA as amended by NECPA. B. Discussion DOE has previously recognized that as new product designs are developed by manufacturers some of the present test procedures are occasionally likely to require amendment. Manufacturers may be expected to petition DOE to -prescribe amendments to the test procedures in order that the test results will more accurately reflect the energy consumption of innovative product designs. The test procedure regulations presently contain no provisions regarding the treatment of particular covered products whose designs may be determined by DOE to call for test procedure amendments, during the Interim period prior to the actual prescription of amendments according to the procedures required by the Act. Proposed 1430.27 would allow DOE, upon request, to waive the applicability of teat procedures to particular basic models of covered products, under narrowly specified circumstances. A petition for waiver would be required to show that the basic model for which a waiver is requested contains a unique design characteristic which either prevents testing according to the prescribed procedures or which the prescribed test procedures evaluate in a manner so unrepresentative of the basic model's true energy consumption characteristics as to provide materially inaccurate comparative data. If DOE should determine that these qualifying conditions have been established, DOE's Assistant Secretary for Conservation and Solar Energy would be empowered to grant a waiver. Under the proposed rule, each petitioner would be required to send a copy of the petition to all competitors and other ascertainable interested persons, who would then have an opportunity to submit a response to DOE regarding the petition, for a period of 10 working days following receipt. The petitioner would be provided an opportunity to rebut any responses. On the basis of the petition. responses and rebuttals, consultation with the Federal Trade Commission, and DOE's own assessment of the facts, DOE would then decide whether to grant a waiver. Waivers could either be granted unconditionally, or could be conditioned upon adherence to alternate test procedures specified by DOE. This provision is designed to insure that consumer products which require only minor adjustments in the test procedures may continue to be rated for purposes of representations, labeling, and compliance with applicable efficiency standards, until the necessary amendments can be formally prescribed. DEPARTMENT OF ENERGY

Office of Conservation and Solar 

### Er V

10 ",fR Part 430
[CAs-RM..ao-116]
Energy Conservation Program for Consumer Products; Proposed Rulemaklng and Public Hearing Regarding Provisions for the Waiver of Consumer ProductTeat Procedures

AGENCY: Department ofEnergy.

ACTION: Proposed rule.

IIU

.... ARY: The Department ofEnergy
proposes to amend its consumerproduct
test procedures established as part of the energy conservation program for

consumer products. This program was established pursuant to the Energy Policy and Conservation Act. as amended by the National Energy Conservation Policy Act. Among other
program elements. the legislation requires that standard methods of testing be prescribed for covered products. Today's proposed amendment would establish provisions allowing the Department temporarily to waive test procedure requirements for particuJar covered products containing unique design characteristics which either prevent testing according to the p ribed test procedures or which the
p•. _vribed test procedures evaluate in a

manner so unrepresentative oftheir true. energy consumption characteristics as to provide materially inaccurate comparative data.

OATES: Written comments in response to this notice by May 5. 1980; requests to apeak at the public hearing by March 12, 1960; written statements by March 12. 1980: public hearing to be held on April
30. 1980. Speakers to be notified by 4:30 p.m.• March 14. 1980.

ADDRESSES: Send comments. requests to speak at the public hearing. and written
statements to: U.S. Department of Energy. Office ofConservation and Solar Energy. Consumer Product Test Procedure Waiver. Docket No. CAS

### RM..:ao..116. Mail Station 2221C, 20 Massachusetts Avenue NW •• Washington. D.C. 20585.

The public hearing will be held at: Department ofEnergy, Room 

### 3OOOA. Federal Building. 12th Street and Pennsylvania Avenue NW

.. Washington. D.C. 20585. at 9:00 a.m

.. FOR FURTHER INFOR

.. ATION CONTACT:

James A. Smith. Consumer Product.

Efficiency Branch. Office ofConservation and Solar Energy. U.S. Department of Energy. Room 224a. 20 Massachusetts Avenue NW

.. Washington. D.C. 2OS85 (202) 3'76-4814. Carol A. Snipes (Hearing Procedures). Office

ofConservation and Solar Energy. U.S. Department ofEnergy. Mail Stop 2221C. 20 Massachusetts Avenue**NW~** Waahington. D.C. 20585 (202) 37&-1651. Eugene Margolis, Office ofGeneral Counael.

U.S. Department ofEnergy. Room 2109. 20 Massachusetts Avenue NW

.. Washington. D.C. 20585 (202) 376-4618.

SUPPLE

..ENTARY INFOR

.. ATION:


### A. Background

Section 323 (42 USC 6?93) ofthe Energy Policy and Conservation Act (EPCA) (Pub. 

### L. 94-163), as amended

### by the National Energy ConservationPolicy Act (NECPA) (Pub. 

### L.**9~19J,** requires the Department ofEnergy (DOE) to prescribe standardized test procedures
to measure the energy consumption characteristics ofcertain specified

consumerproducts.These test procedures form one element ofthe
energy conservation program for

consumer products established by Title 

# m. Part B ofthe Act. 1The test procedures are intended for use in other
program elements such as product labeling (administered by the Federal Trade Commission pursuant to section 324 ofthe Act) and minimum energy efficiency standards (currently under development by DOE pursuant to section 325).

DOE has prescribed test procedures for all the types ofcovered products enumerated in section 3Z2(a)(lH13) of the Act. including refrigerators and refrigerator-freezers. freezers, dishwashers, clothes dryers. water heaters. room air conditioners, home heating equipment (not including furnaces), television sets. kitchen ranges and ovens. clothes washers. humidifiers, dehumidifiers. central air conditioners. and furnaces. These test procedures
appear at 10 CFR Part 430. Subpart B. Today's proposed rule wouJd amend the
test procedures to allow DOE to temporarily waive lest procedure requirements for particuJar covered products incorporating unique design characteristics which either prevent testing according to the prescribed test procedures or which the prescribed test procedures evaluate in a manner so unrepresentative of their true energy consumption characteristics as to proVide materially inaccurate comparative data.

I Reference. in thi. notice to "the Act" or to lections of the Act refer to EPCA a. amended by NECPA. B. Discussion
DOE has previously recognized that

as new product designs are developed 

### by manufacturers some ofthe present test procedures are occasionally likely
to require amendment. Manufacturers
maybe expected to petition DOE to -prescribe amendments to the test procedures in order that the test resuJts 

### will more accurately reflectthe energy consumption of innovative product designs. The test procedure reguJations presently contain no provisions regarding the treatment ofparticu1ar coveredproducts whose designs maybe determined by DOE to call for test procedure amendments, during the interimperiodprior to the actual prescription ofamendments according
to the procedures required by the Act.

Proposed 

### i 430.27 would allow DOE.
upon request. to waive the applicability oftest procedures to particuJar basic models ofcovered products. under narrowly specified circumstances. A petition for waiverwould be required to show that the basic model for which a waiver is requested contains a unique design characteristic which either prevents testing according to the prescribed procedures or which the prescribed test procedures evaluate in a

manner so unrepresentative ofthe basic model's true energy consumption characteristics as to provide materially inaccurate comparative data. 

### HDOE shouJd determine that these qualifying conditions have been established. DOE's Assistant Secretary for Conservation and Solar Energy wouJd be empowered to grant a waiver.

Under the proposed ruJe. each petitioner would be required to send a copy ofthe petition to all competitors and other ascertainable interested
persons. who would then have an opportunity to submit a response to DOE regarding the petition, for a period 

### of 10 working days following receipt. The petitioner would be provided an opportunity to rebut any responses. On the basis ofthe petition. responses and rebuttals. consultation with the Federal Trade Commission. and DOE's own assessment ofthe facts. DOE would then decide whether to grant 

### a waiver. Waivers could either be granted unconditionally. or could be conditioned
upon adherence to alternate test procedures specified by DOE. This provision is designtld to insure that

consumer products which require only minor adjustments in the testprocedures
may continue to be rated for purposes of representations, labeling. and compliance with applicable efficiency atandards, until the necessary amendments can be formally prescribed.

### federal Register / Vol. 45, No. 44 / Tuesday, March 4, 1980 / Proposed Rules

7 rers are intended to be temporary soL. ins to problems identified in the test procedure regulations

. The proposal requires that DOE, within one year of granting any waiver

, will publish a notice of proposed rulemaking to correct the situation which occasioned the waiver

. As soon thereafter as practicable

, DOE would publish a final rule, apt the waiver would terminate on the effective date of the final rule.

C. Comment Procedure

1. Written Comment

Interested persons are invited to participate in this rulemaking by submitting data, views or arguments with respect to the proposed amendment set forth in this notice.
Comments should be identified on the outside of the envelope and on documents submitted to DOE with the designation "Consumer Product Test Procedures Waiver, Docket No. CASRM-80--116 ." Fifteen copies should be submitted if possible. All comments received on or before the date specified at the beginning of this notice

, and all other relevant information, will be considered by DOE before final action is taken on the proposed regulation. Pursuant to the provisions of 10 CFR 1004.11, any person submitting information which he or she believes to be confidential and exempt by law from public disclosure should submit one complete copy, and fifteen copies from which information claimed to be confidential has been deleted. In accordance with the procedures established at 10 CFR 1004.11, DOE shall make its own determination with regard to any claim that information submitted be exempted from public disclosure. 2. Public Hearing
a. Request procedure. The time and place of the public hearing are indicated at the beginning of this preamble. The bearing will be continued

, if necessary. on the following day. DOE invites any person who has an interest in today's proposed amendments

, or who is a representative of a group or class of persons that has an interest in today's proposed amendments

, to make a written request for an opportunity to make an oral presentation. Such a request should be directed to the address indicated at the beginning of this preamble and must be received on or before the date specified at the beginning of this notice

. Such a request may be hand delivered to such address, between the hours of 8:00 a

.m. and 4:30 p.m., Monday through Friday. A request should be labeled both on the document "Consumer Product Test Procedure Waiver, Docket No. CAS-RM-80-116." The person making the request should briefly describe the interest concerned; if appropriate, state why be or she is a proper representative of a group or class of persons that has such an interest, and give a concise summary of the proposed oral presentation and a telephone number where he-or she may be contacted. DOE will notify each person selected to appear at the hearing

. Each person selected to be heard should submit 15 copies of his or her statement to the address and by the date given in the beginning of this preamble. In the event any person wishing to testify cannot
meet the 15 copy requirement, alternative arrangements can be made with DOE in advance of the hearing by so indicating in the letter requesting an oral presentation or by calling (202) 376- 1651. b. Conduct of Hearing. DOE reserves the right to select the persons to be heard at the hearing, to schedule their respective presentations, and to establish the procedures governing the conduct of the hearing. The length of each presentation may be limited, based on the number ofpersons requesting to be heard. A DOE official will be designated to preside at the bearing. This will not be a judicial or evidentiary type bearing. Questions may be asked only by those conducting the hearing, and there will be no cross

-examination of persons presenting statements . Any decision made by DOE with respect to the subject matter of the bearing will be based on all information available to DOE. At the conclusion of all initial oral statements, each person who has made an oral statement will be given the opportunity, if she or he so desires, to make a rebuttal statement. The rebuttal statements will be given in the order in which the initial statements were made and will be subject to time limitations. Any interested person may submit questions to be asked of any person making a statement at the hearing. DOE will determine whether the question is relevant, and whether the time limitations permit it to be presented for

answer. Any further procedural rules needed for the proper conduct of the hearing will be announced by the presiding officer. A transcript of the hearing will be made and the entire record of the hearing

, including the transcript, will be retained by DOE and made available for inspection at the DOE Freedom of .Information Office in the Forrestal Building

, Independence Avenue and 14189

L'Enfant Plaza, SW., Washington, D.C. 20585 between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday. In addition, any person may purchase a copy of this transcript from the reporter.
E. Regulatory and Environmental Review
Pursuant to Section 7(c)(2) of the Federal Energy Administration Act of '1974, a copy of this notice has been submitted to the Administrator of the Environmental Protection Agency for his comments concerning the impact of this proposal on the quality of the environment. The Administrator had no

comments. In accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 at seq.) DOE has previously evaluated the proposed establishment of test procedures for consumer products to determine if an environmental
assessment or an environmental impact statement was required. These test procedures will be used only to standardize the measurement of energy
usage . The action of prescribing these test procedures, by itself, will not result in any environmental impact. Since it is clear that this proposed amendment is not a major Federal action significantly affecting the quality of the human environment, DOE has determined that neither an environmental assessment nor an environmental impact statement is required. The proposed rule has been reviewed in accordance with Executive Order 12044 and DOE Order 2030, and it has been determined that the proposal is significant in nature but does not have major impacts to manufacturers and consumers (i.e., would not impose annual economic costs of $100 million or more).

(Energy Policy and Conservation Act. Pub. L 94-163, as amended by Pub. L 95-619; Department of Energy Organization Act. Pub. L 95-91; E.0, 22009, 43 FR 46227) In consideration-of the foregoing, it is proposed to amend Chapter II of Title 10, Code of Federal Regulations, as set forth below.

Issued in Washington, D.C., February 26, 1980. Maxine Savitz, Deputy Assistant Secretary, Conservation and Solar Energy. 1. Part 430 of Chapter II of Title 10, Code of Federal Regulations, is amended by establishing a new 1 430.27, tb read as follows:

1430

.27 P.t tlons for waiver. (a) Notwithstanding any other provisions of this subpart, any interested person may submit a petition 

## •**~ederal** 

### Register 

## I Vol. 45, No. 44 

## I Tuesday. March 4. 1980 

## I Proposed Rules 

### 14189

rers are intended to be temporary 80L

. .JnB to problems identified in the
test procedure regulations. The proposal requires thatDOE, within one year of granting any waiver, will publish a notice ofproposed rulemaking to correct the situation w'bich occasioned the

. waiver. As Boon thereafter as practicable, DOE would publish a final rule,**~**the waiver would terminate on the effective date ofthe final rule.



### C. Comment Procedure

1. 

### Written Comment

Interested persons are invited to participate in this rulemaking by submitting data, views or arguments with respect to the proposed amendment
set forth in this notice.

Comments should be identified on the outside ofthe envelope and on documents submitted to DOE with the designation "Consumer Product Test Procedures Waiver, Docket No. CASRM-80-116." Fifteen copies should be submitted ifpossible. All comments received on or before the date 8pecified
at the beginning of this notice, and all other relevant information, will be considered by DOE before final action i8 taken on the proposed regulation.

Pursuant to the provisions of 10 CFR 1004.11, any person submitting information which he or she believes to be confidential and exempt by law from public disclosure should submit one complete copy. and fifteen copies from which information claimed to be confidential has been deleted. In accordance with the procedures established at 10 eFR 1004.11. DOE shall make its own determination with regard
to any claim that information submitted be exempted from public disclosure.



### 2. PublicHearing

a. 

### Requestprocedure. The time and place of the public hearing are indicated
at the beginning ofthis preamble. The hearing will be cor.tinued. 

### ifnecessary,

on the following day. DOE invites any person who has an interest in today's proposed amendments. or who is a representative ofa group or class of
persons that has an interest in today's proposed amendments. to make a written request for an opportunity to make an oral presentation. Such a request should be directed to the address indicated at the beginning"of this preamble and must be received on

·or before the date specified at the beginning ofthis notice. Such a request may be hand delivered to such address, between the hours of8:00 a.m. and 4:30
p.m

.. Monday through Friday. A request ahould be labeled both on the document "ConaumerProduct Test Procedure Waiver, Docket No. CAS-RM-BO-116."

The person making the request should briefly describe the interest concerned; 

### ifappropriate. state why be or she is " properrepresentative of

### a group or class ofpersons thathas such an interest, and give a concise summary ofthe proposed oral presentation 

### and a telephone number where be-or she may be contacted.

DOE 

### will notify each person selected
to appear at the bearing. Each person selected to be beard 8hould submit 15 copies ofhis or her statement to the address and by the date given in the beginning ofthis preamble. In the event any person wishing to testify cannot meet the 15 copy requirement, alternative arrangements canbe made with DOE in advance ofthe bearing by

so indicating in the letter requesting an oral presentation or by 

### calling (202] 376- 1651.

b. 

### Conduct of Hearing. DOE reserves the right to select the persons to be heard at the hearing. to schedule their respective presentations, and to establish the procedures governing the conduct ofthe hearing. The length of each presentation may be limited. based

on the number ofpersons requesting to be heard.

A DOE official 

### will be designated to pl;'eside at the hearing. This 

### will not be a judicial or evidentiary type hearing. Questions may be asked only by those conducting the hearing. and there will be no cross-examination ofpersons presenting atatements. Any decision made by DOE with reapect to the subject matter ofthe hearing will be based on all information available to DOE. At the conclusion ofall initial oral
.tatements. each person who has made



### an oral.tatement 

### will 

### be given the opportunity. 

### ifshe orhe .0 desires, to make a nibuttalstatement. The rebuttal
.tatements will 

### be given in the order in which the initial .tatements were made and 

### will be subject to time limitations.

Any interested person may submit questions to be asked ofany person making a statement at the hearing. DOE will determine whetherthe question is relevant, and whether the time limitations permit it to be presented for anJIwer.

Any further procedural rules needed for the proper conduct ofthe bearing will be announced by the presiding officer.

A transcript ofthe hearing will be made and the entire record ofthe hearing, including the transcript. will be retained by DOE and made available for inspection at the DOE Freedom of Information Office

# m the Forreltal Building, Independence Avenue and L'Enfant Plaza. SW., Washington. D.C. 20585 between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday. In addition, anypersonmay purchase a copy ofthis tranacript from the reporter.


### £. Regulatory 

### and Environmental Review

Punuant to Section 7(c)(2) ofthe Federal Energy Administration Act of -1974, a copy ofthis notice has been Bubmltted to the Administrator ofthe Environmental Protection Agency for his
comments concerning the impact ofthis proposal on the quality ofthe environment. The Administrator had no comments.

In accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et aeq.) DOE has previously evaluated the proposed establishment of
test procedures for consumer products
to determine 

### ifan environmental
aasessment or an environmental impact
statement waa required. These test procedures will be used only to 8tandardize the measurement of**ene~** usage. The action ofprescribing these
test procedures. byitself, will not result in any environmental impact. Since it is clear that this proposed amendment is
not a majorFederal action significantly affecting the quality ofthe buman environment, DOE has determined that neither an environmental assessment

nor an environmental impact statement is required.

The proposed rule has been reviewed in accordance with Executive Order 12044 and DOE Order 2030. and it has been determined that the proposal is significant in nature but does not have major impacts to manufacturers and

consumers (Le., would not impose annual economic costs of$100 million or more). (Energy Policy and Conservation Act. Pub. 1.. 94-163, as amended by Pub. 1.. 95-4)19; Department ofEnergy Organization Act. Pub. 1.. 95-91; E.O. 12009. 43 FR 4&227)



### In consideration-ofthe foregoing. it is proposed to amend Chapter II ofTitle 10. Code ofFederal Regulations. as set forth below.

Issued inWashington, D.C.. February 26. 1960.
Maxine Savitz. DeputyA.ssistantSecretcny, Conservation andSolarEnergy.

1.Part430 ofChapter II ofTitle 10. Code ofFederal Regulations. is amended by establishing a new § 430.27, tb read as followa:

1430.27 PetItIon. for

## nver.

(a) Notwithstanding any other provisions of this subpart. any interested person may submit a petition

### 24190 Federal Register / Vol. 45, No. 44 / Tuesday, March 4, 1980 / Proposed Rules 1%

to waive for a particular basic model any requirements oft 430

.22, or of any appendix to this subpart

, upon the grounds that the basic model contains one or more unique design characteristics which either prevent testing of the basic model according to the prescribed test procedures

, or which the prescribed test procedures evaluate in a manner so unrepresentative of the true energy consumption characteristics of the basic model as to provide materially inaccurate comparative data. (b) Each petition shall be denominated "Petition for Waiver" and shall be submitted, in triplicate, to the Assistant Secretary for Conservation and Solar Energy

. United States Department of Energy. Each petition shall identify the particular basic model for which a waiver is requested. the unique design characteristic(s) constituting the grounds for the petition. and the specific requirements sought to be waived and shall discuss in detail the need for the requested waiver. Each petition shall identify all other basic models marketed in the United States
and known to the petitioner. manufactured by any manufacturer. Incorporating the unique design • characteristic(s) Each petition shall be signed by the petitioner or by an authorized representative. If an authorized representative signs the petition, a statement shall be included certifying that such person is an authorized representative of the petitioner. In accordance with the provisions set forth in 10 CFR 1004.11. any request for confidential treatment of any information contained in a petition for waiver or in supporting documentation must be accompanied by a copy of the petition or supporting documentation from which the information claimed to be confidential has been deleted

. Each petition shall include a statement certifying that the petitioner has complied with the requirements of paragraph (c) of this section

, and shall include the names and addresses of each person to whom a copy of the petition has been sent. (c) Each petitioner shall send a copy of the petition for waiver and any subsequent amendments or other - documents relating to the petition. or a copy from which confidential information has been deleted in accordance with 10 CFR 1004.11, to all known manufacturers of domestically marketed units of the same product type (as listed in section 322(a) of the Act), and to each person who is reasonably ascertainable by the petitioner as a person who may be aggrieved by the DOE action sought

. Each copy of the petition sent pursuant to this paragraph shall be accompanied by a statement that the recipient may, within ten working days of receipt of such copy, submit a response to the Assistant Secretary for Conservation and Solar Energy

, in triplicate

, with a copy to the petitioner. (d) A petitioner may, within ten working days of receipt of a copy of any response submitted in accordance with paragraph (c) of this section

. submit a rebuttal statement to the Assistant Secretary for Conservation and Solar Energy. A petitioner may rebut more than one response in a single rebuttal statement. (e) Petitioner shall be notified in writing as soon as practicable of the disposition of each petition for waiver. Within 30 days of receipt of a petition for waiver

, a timely reponse

, or a timely rebuttal statement

, whichever occurs last, the Assistant Secretary for Conservation and Solar Energy shall notify the petitioner in writing that either (1) a waiver has been granted; (2) a waiver has been denied

, stating the reasons for denial; (3) further information is required to be submitted; or (4) review of the petition is continuing. (f) The filing of a petition for waiver shall not constitute grounds for noncompliance with any requirements of this subpart, until a waiver has been granted. (g) Waivers will be granted by the Assistant Secretary for Conservation and Solar Energy

, if he qr she determines that the basic model for which the waiver was requested contains a unique design characteristic which either prevents testing of the basic model according to the prescribed test procedures

, or which the prescribed test procedures evaluate in a manner so unrepresentative of the true energy consumption characteristics of the basic model as to provide materially inaccurate comparative data

, Waivers may be granted subject to conditions, which may include adherence to alternate test procedures specified by the Assistant Secretary for Conservation and Solar Energy

. The Assistant Secretary for Conservation and Solar Energy shall consult with the Federal Trade Commission prior to granting any waiver

, and shall promptly publish in the Federal Register notice of each waiver granted, and any limiting conditions of each waiver. (h) Within one year of the granting of any waiver

, the Department of Energy will publish in the Federal Register a notice of proposed rulemaking to amend its regulations so as to eliminate any need for the continuation of such waiver

. As soon thereafter as practicable

, the Department of Energy will publish a final rule. Such waiver will terminate on the effective date of such final rule. (I) Any person who is eggrived by an action or failure to act on the part of the Department of Energy under this aectior: may file an appeal with the Department of Energy's Office of Hearings and Appeals as provided in 10 CFR Part 205, Subpart H. Any person who believes that he has suffered serious hardship or gross inequity as a result of any requirements of this subpart may file an application for exception with the Office of Hearings and Appeals as provided in 10 CFR Part 205, Subpart D. Any person who desires an interpretation of any provision of this subpart may file a formal request for interpretation as provided in 10 CFR Part 205, Subpart F.
IM Doc

. a -e Filed 3-3

-ft & *45 amt sa.i. NO CODE 445o.OI- 

## • 14190 

## .... Federal Rexister 

# I Vol. 45. No. 44 

# I Tuesday. March 4. 1980 

# I Proposed Rules

to

### waive for • particularbasic model
any requirement. of 

## 1430.22. or ofany appendix to this IUbpart, upon the srounds that the ba8ic model containa

one ormore unique design characteristics which eitherprevent testing ofthe basicmodel according to 

### the prescribed test procedures. or which the prescribed test 

### procedures evaluate in a manner so unrepresentative ofthe
true enel'8Y conSUmption characteristics ofthe basic model as to provide materially inaccurate comparative data.

(h) 

### Each petition sball be denominated "Petition for Waiver" and shall be submitted. in triplicate. to the Assistant Secretary for Conservation and SolarEnergy. United States Department ofEnergy. Each petition shall identify the particu1ar basic model for which a waiver is

### reque8ted. the unique design characteristic{s} constituting the grounds for the petition. and the specific requirement. sought to be waived and shall discuss in detail the need for the requested waiver. Each petition shall identify all otherbasic models marketed in the United States and known to the petitioner. manufactured by any manufacturer. Incorporating the unique design

• characteristic(s) Each petition shall be

signed by the petitioner orby an authorized representative. 

### Ifan authorized representative signs the petition. a statement shall be included certifying that such person is an authorized representative ofthe petitioner. In 

### accordance with the provisions 8et forth in 10 

### CFR 1004.11. 

### any request for confidential treatment of
any information contained in a petition for waiver orIn 8UPpOrting documentation mU8t be accompaniedby

8 

### copy ofthe petition or IUPPorting documentation from which the information claimed to be confidential bas been deleted. Each petition sball include a statement certifying that the petitioner has complied with the requirement. ofparagrapb (c) ofthis aection. and 8han include the names and addresses ofeach person to 

### wbom 8 

### copy ofthe petition bas been lent.

(c) Each petitioner.hall send a copy ofthe petition for waiver and any aubsequent amendment. orother

- documents relating to the petition. ora copy from which confidential information basbeen deleted in 

### accordance with 10

### CPR 1004.11. 

### to 

### aU known manufacturers of

### domestically marketed units ofthe .ameproduct type 

### (a8 1i8ted in 8ection 322(a) of

### the Act}. and to each person who II reasonably ascertainable by the petitioner u a person who maybe aggrieved. by the DOE action 101Jiht. Each copy 

### ofthe petition sentpursuant to thi8 paragraph aball be accompanied by a statement that the recipientmay. within ten working daya ofreceipt of8uch copy. aubmit a response to the Assistant Secretary for Conservation and Solar Enel'8Y. in

### triplicate. with a copy to the petitioner.

(d) A petitionermay. within ten working days ofreceipt ofa copy of

### any response submitted in accordance with paragraph (c) ofthis section. submit a rebuttal statement to the Assistant Secretary for Conservation and Solar Energy. A petitionermay rebut more than one response in 

### a 8ingle rebuttal
statement.

(e) Petitioner shall be notified in 

### writing as .oon a8 practicable ofthe disposition ofeach petition for waiver. Within 30 days ofreceipt ofa petition for waiver. a timely repon8e. or a tinlely rebuttal statement. whichever 

### Occur8 last. the Assistant Secretary for Conservation and SolarEnergy shall notify the petitioner in writing 

### that either (1) a waiverhubeen granted; (2)

a waiver has been denied, stating the rea80ns for denial: (3) further information is required to be 

### submitted:

or (4) review ofthe petition is continuirtg.



## (0 'J1le filing 

### ofa petition for waiver .hall not constitute grounds for noncompliance with any requirements ofthis 8ubpart, until a waiver has been granted.

(g) 

### Waivers 

### will be granted by the Assistant Secretary for Conservation and SolarEnergy. ifhe q,r 

### 8he determines that the basicmodel for which the waiverwasrequested contains a unique design characteristic which eitherprevents te8ting ofthe basic model according to the prescribed
testprocedures. orwhich the prescribed
testprocedure8 evaluBte in 8 

### mBDDer so unrepresentative ofthe true energy consumption characteristics ofthe basic model as to provide materially inaccurate comparative data. Waivers lDay be 

### granted 8ubject to 

### conditions. which may Include adherence to altemate te8t procedures specified 

### by the A8si8tant Secretary for Conservation and Solar

### Energy. TbeAaaistant Secretaryfor Conservation and Solar Energy .hallconsult with the Federal Trade Commission prior to granting any waiver. and shall promptlypublish in the FederalRegister notice ofeach waivergranted. and any limiting 

### conditions ofeachwaiver.

(h) 

### Within one year ofthe granting 

### of any waiver. the Department ofEnergy 

### will publish in 

### the Federal Register a notice ofproposed ruIemaldng to 

### amend 

### Itt regulations 80 8. 

### to eliminate any need for 

### the continuation of

### ncb waiver. A8 .oon thereafter as practicable. the Department ofEnel'8Y 

### will publish a final rule. Such waiver 

### wiD terminate on the effective date of
IUch 

### final rule.

(I) Any

### person who 

### iIJ I!88rived by an action or failure to act on the part ofthe Department ofEnergy under this sectior: may me an appeal with the Department 

### ofEnel'8Y's Office ofHearings ad Appeals as provided in 10

### CFR Part 205, Subpart

### H. Any person who believes that he has suffered serious hardship or sroS8 inequity as a result ofany requirements ofthis subpart may file an application for exception with the Office ofHearings and Appeals as provided in 10

### CFR Part 205. Subpart D. Any person who desires an interpretation of any provision ofthis subpart may file a formal request for interpretation as provided in 10

### CFR Part 205. Subpart F.

(JIll Doc.

- Filed H-IO; 11:45 am] IIILUNG COOE 1450-411-11