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

 CAS-RM-80-116 COMMENT 01

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 Test

Procedure 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.

 CAS-RM-80-116 COMMENT 01

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 Product Teat Procedures 

AGENCY: Department of Energy. 

ACTION: Proposed rule. 

IIU .... ARY: 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 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 of their 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 of Conservation and 

Solar Energy. Consumer Product Test 

Procedure Waiver. Docket No. CASRM..:ao..116. Mail Station 2221C, 20 

Massachusetts Avenue NW •• 

Washington. D.C. 20585. 

The public hearing will be held at: 

Department of Energy, 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 of Conservation 

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 

of Conservation and Solar Energy. U.S. 

Department of Energy. Mail Stop 2221C. 20 

Massachusetts Avenue NW~ Waahington. 

D.C. 20585 (202) 37&-1651. 

Eugene Margolis, Office of General Counael. 

U.S. Department of Energy. 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) of the 

Energy Policy and Conservation Act 

(EPCA) (Pub. L. 94-163), as amended by 

the National Energy Conservation Policy 

Act (NECPA) (Pub. L. 9~19J, 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 

m. Part B of the Act. 1 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 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 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 resuJts 

will more accurately reflect the energy 

consumption of innovative product 

designs. The test procedure reguJations 

presently contain no provisions 

regarding the treatment of particu1ar 

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 i 430.27 would allow DOE. 

upon request. to waive the applicability 

of test procedures to particuJar 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. H DOE 

shouJd determine tha t 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 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 designtld 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 

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 of persons 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

 CAS-RM-80-116 COMMENT 01

• ~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 that DOE, within one year of 

granting any waiver, will publish a 

notice of proposed 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 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 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. Public Hearing 

a. Request procedure. The time and 

place of the public hearing are indicated 

at the beginning of this preamble. The 

hearing will be cor. tinued. 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 

ahould be labeled both on the document 

"Conaumer Product Test Procedure 

Waiver, Docket No. CAS-RM-BO-116." 

The person making the request should 

briefly describe the interest concerned; 

if appropriate. state why be or she is " 

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 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 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 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 of the hearing. The length of 

each presentation may be limited. based 

on the number of persons 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 of persons 

presenting atatements. Any decision 

made by DOE with reapect to the 

subject matter of the hearing will be 

based on all information available to 

DOE. At the conclusion of all initial oral 

.tatements. each person who has made 

an oral.tatement will be given the 

opportunity. if she or he .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 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 

anJIwer. 

Any further procedural rules needed 

for the proper conduct of the bearing 

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 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, any person may purchase a 

copy of this tranacript from the reporter. 

£. Regulatory and Environmental 

Review 

Punuant to Section 7(c)(2) of the 

Federal Energy Administration Act of 

-1974, a copy of this notice has been 

Bubmltted 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 et aeq.) DOE has previously 

evaluated the proposed establishment of 

test procedures for consumer products 

to determine if an 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 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 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 of Energy Organization Act. Pub. 

1.. 95-91; E.O. 12009. 43 FR 4&227) 

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. 

1960. 

Maxine Savitz. 

Deputy A.ssistant Secretcny, Conservation 

and Solar Energy. 

1. Part 430 of Chapter II of Title 10. 

Code of Federal 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-

 CAS-RM-80-116 COMMENT 01

• 

14190 .... Federal Rexister I Vol. 45. No. 44 I Tuesday. March 4. 1980 I Proposed Rules 

to waive for • particular basic model 

any requirement. of 1430.22. or of any 

appendix to this IUbpart, upon the 

srounds that the ba8ic model containa 

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 enel'8Y conSUmption characteristics 

of the 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 Solar Energy. United States 

Department of Energy. 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 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 8et forth in 10 CFR 1004.11. 

any request for confidential treatment of 

any information contained in a petition 

for waiver or In 8UPpOrting 

documentation mU8t be accompanied by 

8 copy of the 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) of this 

aection. and 8han include the names and 

addresses of each person to wbom 8 

copy of the petition bas been lent. 

(c) Each petitioner.hall send a copy 

of the petition for waiver and any 

aubsequent amendment. or other - documents relating to the petition. or a 

copy from which confidential 

information bas been deleted in 

accordance with 10 CPR 1004.11. to aU 

known manufacturers of domestically 

marketed units of the .ame product 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 may be aggrieved. by the 

DOE action 101Jiht. Each copy of the 

petition sent pursuant to thi8 paragraph 

aball be accompanied by a statement 

that the recipient may. within ten 

working daya of receipt of 8uch copy. 

aubmit a response to the Assistant 

Secretary for Conservation and Solar 

Enel'8Y. 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 8ingle rebuttal 

statement. 

(e) Petitioner shall be notified in 

writing as .oon a8 practicable of the 

disposition of each petition for waiver. 

Within 30 days of receipt of a petition 

for waiver. a timely repon8e. or a tinlely 

rebuttal statement. whichever Occur8 

last. the Assistant Secretary for 

Conservation and Solar Energy shall 

notify the petitioner in writing that 

either (1) a waiver hu been granted; (2) 

a waiver has been denied, stating the 

rea80ns for denial: (3) further 

information is required to be submitted: or (4) review of the petition is 

continuirtg. 

(0 'J1le filing of a petition for waiver 

.hall not constitute grounds for 

noncompliance with any requirements 

of this 8ubpart, until a waiver has been 

granted. 

(g) Waivers will be granted by the 

Assistant Secretary for Conservation 

and Solar Energy. if he q,r 8he 

determines that the basic model for 

which the waiver was requested 

contains a unique design characteristic 

which either prevents te8ting of the 

basic model according to the prescribed 

test procedures. or which the prescribed 

test procedure8 evaluBte in 8 mBDDer so unrepresentative of the true energy 

consumption characteristics of the 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. Tbe Aaaistant 

Secretary for Conservation and Solar 

Energy .hall 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 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 of the 

Department of Energy under this sectior: 

may me an appeal with the Department 

of Enel'8Y's Office of Hearings 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 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. 

(JIll Doc. - Filed H-IO; 11:45 am] 

IIILUNG COOE 1450-411-11