Friday

September 26, 1980

rM

Part

Detpartment of

Energy

Office of Conservation and Solar Energy

Energy Conservation Program for

Consumer Products;. Provisions for the

Waiver of Consumer Product Test

Procedures

 CAS-RM-80-116 COMMENT 02

Friday 

September 26, 1980 

Part VI 

Department of 

Energy 

~O2. 

Office of Conservation and Solar Energy 

Energy Conservation Program for 

Consumer Products;" Provisions for the 

Waiver of Consumer Product Test 

Procedures 

Friday 

September 26, 1980 

Part VI 

Department of 

Energy 

~O2. 

Office of Conservation and Solar Energy 

Energy Conservation Program for 

Consumer Products;" Provisions for the 

Waiver of Consumer Product Test 

Procedures 
6 4106 Federal Register / Vol. 45, No. 189 / Friday, September 26, 1980 / Rules and Regulations

DEPARTMENT OF ENERGY

Office of Conservation and Solar

Energy GA.S-RfA.obo'-1(4,

10 CFR Part 430

Energy Conservation Program for

Consumer Products; provisions for the

Waiver of Consumer Product Test

procedures

AGENCY: Department of Energy.

ACTION: Final rule..

SUMMARY: The Department of Energy

amends the Department's energy

conservation program for consumer

products by allowing the Assistant

Secretary for Conservation and Solar

Energy temporarily to waive test

procedure requirements for a particular

covered product. Waivers may be

granted when characteristics of the

product prevent use of the prescribed

test procedures or lead to results of the

test procedures that provide materially

inaccurate comparative. data. The

energy conservation program for

consumer products was established

pursuant to the Energy Policy

Conservation Act, as amended by the

National Energy Conservation Policy

Act.

EFFECTIVE DATE: October 27, 1980.

FOR FURTHER INFORMATION CONTACT:

James A. Smith, U.S. Department bf

Energy, Office of Conservation and

Solar Energy, Room GH-065, Forrestal

Building, 1000 Independence Avenue,

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

252-9127.

Eugene Margolis, Esq., U.S. Department

of Energy, Office of General Counsel,

Forrestal Building, 1000 Independence

Avenue, SW., Washington, D.C. 20585,

(202).252-9510

SUPPLEMENTARY INFORMATION:.

A. Background

Section 323 (42 U.S.C. 6293) of the

Energy Policy and Conservation Act

(EPCA) (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

III, Part B of the Act.' The test

procedures are intended for use in other

'References in this notice to'•'the Act" or to

sections of the Act refer to SPCA as amended by

NECPA.

program elements, such as product

labeling (administered by the Federal

Trade Commission pursuant to section

324 of the Act) and energy efficiency

standards, which were proposed by

notice issued June 19, 1980 (45 FR 43976,

June 30, 1980).

DOE has prescribed test procedures

for the covered products enumerated in

section 322(a) (1)-(13) of the Act,

including refrigerators and refrigeratorfreezers, 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 furnances.

Procedures to allow DOE temporarily

to waive test procedure requirements

under certain narrow conditions were

proposed by notice issued February 28,

1980 (45 FR 14188, March 4, 1980). A

public hearing on the proposed

procedures was held on April 30, 1980,

at which proposed changes were

discussed.

B. Discussion of Comments

Comments were received from

manufacturers, a trade association, and

interested individuals. The major issues

raised by the comments are discussed

below.

1. Design Characteristics

One commenter stated that a waiver

should be granted if the petitioner can

demonstrate that the design

characteristics either prevent testing

according to the test procedures or the

test procedures evaluate the basic

model in an unrepresentative manner,

regardless of whether the design

characteristics of the basic model are

"unique." DOE is aware that these

problems may arise even if a

manufacturer's basic model does

incorporate unique design

characteristics. Therefore, § 430.27(a)

has been changed to reflect that

situation.

Several commenters suggested that

proposed § § 430.27(a) and 430.27(b) are

contradictory. Proposed § 430.27(a)

establishes the grounds for a petition as

"one or more unique design

characteristics," and proposed

§ 430.27(b) requires the petitioner to

"identify all other basic models * * *

incorporating the unique design

characteristics * * *." The commenters

stated that if a manufacturer's product

incorporates one or more "unique"

design characteristics there would be no

need to identify other basic models

since there would be no other models

incorporating the design characteristics.

Some commenters suggested that the

requirement to identify all other basic

'models incorporating the unique design

characteristics is unreasonable in that it

requires knowledge of other basic

models marketed in the United States.

Rather than the manufacturers '

identifying other basic models, some

commenters recommended DOE should

determine if the basic model is unique

through other means, such as searching

the databank created by the Federal

Trade Commission (FTC) for the

labeling program. Unfortunately, the

FTC databank is inadequate in scope to

perform this suggested function since it

does not include information on product

design. After reviewing all other

comments, and in accordance with the

change to § 430.27(a) discussed above,

DOE has changed § 430.27(b) to require

the petitioner to identify other basic

models marketed in the United States

that the petitioner knows incorporate

similar design characteristics.

2. Notification of Competitors

Nearly all of the commenters

expressed concern that the requirement

of proposed § 430.27(c) for the petitioner

to distribute copies of the petition for

waiver would result in premature

disclosure of a manufacturer's

proprietary data and plans. Under the

proposed rule, these copies would go to

all manufacturers of domestically

marketed'units of the same product type

and to each person who may be

aggrieved by the DOE action sought.

Also, a number of commenters stated

that if the design characteristics are so

unique that a product cannot be tested

in accordance with the DOE test

procedures, other manufacturers may

not have enough knowledge to file

meaningful comments. In addition, the

commenters stated that the expense of

developing a mailing list, duplicating

and mailing materials to all

manufacturers would be a burden to the

petitioner. One commenter suggested

that DOE maintain a list of all

manufacturers and persons to whom

copies of the petition should be sent.

DOE has reviewed all comments and

has determined that because basic

models domestically marketed by other

manufacturers may include the same or

similar design characteristics, DOE sees

the need to notify the manufacturers of

the petition. DOE agrees that it would

place an unreasonable burden upon the

petitioner to send all manufacturers of

domestically marketed units of the same

product type copies of the petition for

waiver. Based upon these comments,

DOE has modified § 430.27(c) to require

the petitioner, after filing with DOE, to

notify in writing all known

manufacturers of domestically marketed

 CAS-RM-80-116 COMMENT 02

64108 Federal Register / Vol. 45. No. 189 I Friday. September 26.1980 I Rules and Regulations .... 

DEPARTMENT OF ENERGY 

Office of Conservation and Solar 

Energy C. A $- ~ k - ~o -II'" 

10 em Part 430 

Energy Conservation Program for 

Consumer Products; ~rovisions for the 

Waiver of Consumer Product Test 

Procedures 

AGENCY: Department of Energy. 

ACTION: Final rule.. . 

SUMMARY: The Department of Energy 

amends the Department's energy . 

conservation program for consumer products by allowing the Assistant 

Secretary for Conservation and Solar 

Energy temporarily to waive test 

procedure requirements for a particular 

covered product. Waivers may be 

granted when characteristics of the 

product prevent use of the prescribed 

test procedures or lead to results of the 

test procedures that provide materially 

inaccurate comparative. data, The 

energy conservation program for consumer products was established 

pursuant to the Energy Policy 

Conservation Act, as amended by the 

National Energy Conservation Policy 

A;ct. 

EFFECTIVE DATE: October 27, 1980, 

FOR FURTHER INFORMATION CONTACT: 

James A. Smith, U.S. Department bf . Energy, Office of Conservation and 

Solar Energy, Room GH-065, Forrestal 

Building, 1000 Independence Avenue, 

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

252-9127. 

Eugene Margolis, Esq .• U.S. Department 

of Energy, Office of General Counsel, 

Forrestal Building, 1000 Independence 

Avenue, SW., Washington, D.C. 20585, 

(202)'252-9510 

SUPPlEMENTARY INFORMATION:. 

A. Background 

Section 323 (42 U.S.C. 6293) of the 

Energy Policy and Conservation Act 

(EPCA) (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 

III, Part B of the Act. 1 The test 

procedures are intended for use in other 

I References in this notice to ':the Act" or to 

sections of the Act refer to EPCA as amended by 

NECPA. 

?7"'J"'" !Fer U!i£UA .WU .. 

progranl elements, such as product 

labeling (adnHnistered by the Federal 

Trade Commission pursuant to section 

324 of the Act) and energy efficiency 

standards, which were proposed by 

notice issued June 19, 1980 (45 FR 43976. 

June 30, 1980). 

DOE has prescribed test procedures 

for the covered products enumerated in 

section 322(a) (1)-(13) of the Act. 

including refrigerators and refrigeratorfreezers, 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 furnances. 

Procedures to allow DOE temporarily 

to waive test procedure requirements 

under certain narrow conditions were 

proposed by notice issued February 28, 

1980 (45 FR 14138, March 4,1980). A 

public hearing on the proposed 

procedures was held on April 30. 1980. 

at which proposed changes were 

discussed. 

B. Discussion of Comments 

Comments were received from 

manufacturers, a trade association, and 

interested individuals. The major issues 

raised by the comments are discussed 

below. 

1. Design Characteristics 

One commenter stated that a waiver 

should be granted if the petitioner cim 

demonstrate that the design 

characteristics either prevent testing 

according to the test procedures or the 

test procedures evaluate the basic 

model in an unrepresentative manner, 

regardless of whether the design 

characteristics of the basic model are "unique." DOE is aware that these 

problems may arise even if a manufaCturer's basic model does 

incorporate unique design 

characteristics. Therefore. § 430.27(a) 

has been changed to reflect that 

situation. 

S~veral commenters suggested that 

proposed H 430.27(a) and 430.27(b) are 

contradictory. Proposed § 430.27(a) 

establishes the grounds for a petition as 

"one or more unique design 

characteristics," and proposed 

§ 430.27(b) requires the petitioner to 

"identify all other basic models * * * 

incorporating the unique design 

characteristics' * • ," The commenters 

stated that if a manufacturer's product 

incorporates one or more "unique" 

design characteristics there would be no 

need to identify other basic models 

since there would be no other models 

incorporating the design characteristics. 

Some commenters suggested that the 

requirement to identify all other basic 

'models incorporating the unique design 

characteristics is unreasonable in that it 

requires knowledge of other basic 

models marketed in the United States. 

Rather than the manufacturers . 

identifying other basic models, some 

commenters recommended DOE should 

determine if the basic model is unique 

through other means, such as searching 

the databank created by the Federal 

Trade Commission (FTC) for the 

labeling program. Unfortunately, the 

FTC databank is inadequate in scope to 

perform this suggested function since it 

does not include information on prodU(;:t 

design. After reviewing all other 

cOmnlents, and in accordance with the 

change to § 430.27(a) discussed above, 

DOE has changed § 430.27(b) to require 

the petitioner to identify other basic 

models marketed in the United States 

that the petitioner knows incorporate 

similar design characteristics. 

2. Notification of Competitors 

Nearly all of the commenters 

expressed concern that the requirement 

of proposed § 430.27(c) for the petitioner 

to distribute copies of the petition for 

waiver would result in premature 

disclosure of a manufacturer's 

proprietary data and plans. Under the 

proposed rule, these copies would go to 

all manufacturers of domestically 

marketed· units of the same product type 

and to each person who may be 

aggrieved by the DOE action sought. 

Also, a number of commenters stated 

that if the design characteristics are so unique that a product cannot be tested 

in accordance with the DOE test 

procedures, other manufacturers may 

not have enough knowledge to file 

meaningful comments. In addition, the 

commenters stated that the expense of 

developing a mailing list, duplicating 

and mailing materials to all 

manufacturers would be a bUrden to the 

petitioner. One commenter suggested 

that DOE maintain a list of all 

manufacturers and persons to whom 

copies of the petition should be sent. 

DOE has reviewed all comments and 

has determined that because basic 

models domestically marketed by other 

manufacturers may include the same or similar design characteristics, DOE sees 

the need to notify the manufacturers.of 

the petition. DOE agrees that it would 

place an unreasOllable burden upon the 

petitioner to send all manufacturers of 

domestically marketed units of the same 

product type copies of the petition for 

waiver. Based upon these comments, 

DOE has modified § 430.27(c) to require 

the petitioner. after filing with DOE, to 

notify in writing all known 

manufacturers of domestically marketed 

64108 Federal Register / Vol. 45. No. 189 I Friday. September 26.1980 I Rules and Regulations .... 

DEPARTMENT OF ENERGY 

Office of Conservation and Solar 

Energy C. A $- ~ k - ~o -II'" 

10 em Part 430 

Energy Conservation Program for 

Consumer Products; ~rovisions for the 

Waiver of Consumer Product Test 

Procedures 

AGENCY: Department of Energy. 

ACTION: Final rule.. . 

SUMMARY: The Department of Energy 

amends the Department's energy . 

conservation program for consumer products by allowing the Assistant 

Secretary for Conservation and Solar 

Energy temporarily to waive test 

procedure requirements for a particular 

covered product. Waivers may be 

granted when characteristics of the 

product prevent use of the prescribed 

test procedures or lead to results of the 

test procedures that provide materially 

inaccurate comparative. data, The 

energy conservation program for consumer products was established 

pursuant to the Energy Policy 

Conservation Act, as amended by the 

National Energy Conservation Policy 

A;ct. 

EFFECTIVE DATE: October 27, 1980, 

FOR FURTHER INFORMATION CONTACT: 

James A. Smith, U.S. Department bf . Energy, Office of Conservation and 

Solar Energy, Room GH-065, Forrestal 

Building, 1000 Independence Avenue, 

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

252-9127. 

Eugene Margolis, Esq .• U.S. Department 

of Energy, Office of General Counsel, 

Forrestal Building, 1000 Independence 

Avenue, SW., Washington, D.C. 20585, 

(202)'252-9510 

SUPPlEMENTARY INFORMATION:. 

A. Background 

Section 323 (42 U.S.C. 6293) of the 

Energy Policy and Conservation Act 

(EPCA) (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 

III, Part B of the Act. 1 The test 

procedures are intended for use in other 

I References in this notice to ':the Act" or to 

sections of the Act refer to EPCA as amended by 

NECPA. 

?7"'J"'" !Fer U!i£UA .WU .. 

progranl elements, such as product 

labeling (adnHnistered by the Federal 

Trade Commission pursuant to section 

324 of the Act) and energy efficiency 

standards, which were proposed by 

notice issued June 19, 1980 (45 FR 43976. 

June 30, 1980). 

DOE has prescribed test procedures 

for the covered products enumerated in 

section 322(a) (1)-(13) of the Act. 

including refrigerators and refrigeratorfreezers, 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 furnances. 

Procedures to allow DOE temporarily 

to waive test procedure requirements 

under certain narrow conditions were 

proposed by notice issued February 28, 

1980 (45 FR 14138, March 4,1980). A 

public hearing on the proposed 

procedures was held on April 30. 1980. 

at which proposed changes were 

discussed. 

B. Discussion of Comments 

Comments were received from 

manufacturers, a trade association, and 

interested individuals. The major issues 

raised by the comments are discussed 

below. 

1. Design Characteristics 

One commenter stated that a waiver 

should be granted if the petitioner cim 

demonstrate that the design 

characteristics either prevent testing 

according to the test procedures or the 

test procedures evaluate the basic 

model in an unrepresentative manner, 

regardless of whether the design 

characteristics of the basic model are "unique." DOE is aware that these 

problems may arise even if a manufaCturer's basic model does 

incorporate unique design 

characteristics. Therefore. § 430.27(a) 

has been changed to reflect that 

situation. 

S~veral commenters suggested that 

proposed H 430.27(a) and 430.27(b) are 

contradictory. Proposed § 430.27(a) 

establishes the grounds for a petition as 

"one or more unique design 

characteristics," and proposed 

§ 430.27(b) requires the petitioner to 

"identify all other basic models * * * 

incorporating the unique design 

characteristics' * • ," The commenters 

stated that if a manufacturer's product 

incorporates one or more "unique" 

design characteristics there would be no 

need to identify other basic models 

since there would be no other models 

incorporating the design characteristics. 

Some commenters suggested that the 

requirement to identify all other basic 

'models incorporating the unique design 

characteristics is unreasonable in that it 

requires knowledge of other basic 

models marketed in the United States. 

Rather than the manufacturers . 

identifying other basic models, some 

commenters recommended DOE should 

determine if the basic model is unique 

through other means, such as searching 

the databank created by the Federal 

Trade Commission (FTC) for the 

labeling program. Unfortunately, the 

FTC databank is inadequate in scope to 

perform this suggested function since it 

does not include information on prodU(;:t 

design. After reviewing all other 

cOmnlents, and in accordance with the 

change to § 430.27(a) discussed above, 

DOE has changed § 430.27(b) to require 

the petitioner to identify other basic 

models marketed in the United States 

that the petitioner knows incorporate 

similar design characteristics. 

2. Notification of Competitors 

Nearly all of the commenters 

expressed concern that the requirement 

of proposed § 430.27(c) for the petitioner 

to distribute copies of the petition for 

waiver would result in premature 

disclosure of a manufacturer's 

proprietary data and plans. Under the 

proposed rule, these copies would go to 

all manufacturers of domestically 

marketed· units of the same product type 

and to each person who may be 

aggrieved by the DOE action sought. 

Also, a number of commenters stated 

that if the design characteristics are so unique that a product cannot be tested 

in accordance with the DOE test 

procedures, other manufacturers may 

not have enough knowledge to file 

meaningful comments. In addition, the 

commenters stated that the expense of 

developing a mailing list, duplicating 

and mailing materials to all 

manufacturers would be a bUrden to the 

petitioner. One commenter suggested 

that DOE maintain a list of all 

manufacturers and persons to whom 

copies of the petition should be sent. 

DOE has reviewed all comments and 

has determined that because basic 

models domestically marketed by other 

manufacturers may include the same or similar design characteristics, DOE sees 

the need to notify the manufacturers.of 

the petition. DOE agrees that it would 

place an unreasOllable burden upon the 

petitioner to send all manufacturers of 

domestically marketed units of the same 

product type copies of the petition for 

waiver. Based upon these comments, 

DOE has modified § 430.27(c) to require 

the petitioner. after filing with DOE, to 

notify in writing all known 

manufacturers of domestically marketed 
Federal Register / Vol. 45, No. 189 / Friday, September 26, 1980 / Rules and Regulations 64109

units of the same product type (as listed

in section 322(a) of the Act) of the

.petition to waive a test procedure. Upon

receipt of the petition and after review,

DOE shall publish in the Federal

Register the petition and supporting

documentation from which confidential

information, as determined by DOE, has

been deleted in accordance with 10 CFR

1004.11 and shall solicit comments, data

and information with respect to the

determination of the petition. In the

notice to be sent to all manufacturers of

the same product type, petitioner shall

include "a statement that DOE has

published in the Federal Register on a

certain date the petition and supporting

documents.

One commenter stated that the

requirements of proposed § 430.27(c)

would destroy the manufacturers'

incentive to consider new product

development and that "it is reasonably

certain that no monies will be

authorized past the prototype model

until government approval is obtained."

A number of commenters suggested that

the proposed procedures be modified to

include a preliminary waiver of test

procedures based upon a petitioner's

petition to and consultation with DOE.

Commenters stated that the purpose of a

preliminary waiver would be to provide

petitioners with an opportunity to

ascertain the outcome of the final

waiver and to establish a basis upon

which the manufacturer could develop a

product development plan. The

commenters suggested that a

preliminary waiver be based upon oneon-one communications between the

petitioner and DOE and that information

regarding the petition and its disposition

shall be maintained in confidence by

DOE. DOE has carefully considered

these comments and has concluded that

it would be inappropriate to include

these procedures for preliminary test

procedure waiver. Such procedures

would be inconsistent with the intended

public nature of the review process.

Therefore, no changes have been made

to § 430.27(c) of today's final rule to

include provisions for a preliminary

waiver.

3. Representations

One commenter recommended that

§ 430.27(f) be deleted and that the

petition for a waiver should include a

proposed alternate test procedure,

prepared by the petitioner, to be used

for making representations regarding the

energy consumption and energy

efficiency until a waiver is issued by

DOE.

DOE agrees that if the petitioner is

aware of an alternate test procedure, the

alternate test procedure should be

provided for consideration by DOE.

Consequently § 430.27(b) of today's final

rule has been changed to require that

each petition shall include any alternate

test procedures known to the petitioner

to evaluate the product in a manner

representative of the energy

consumption characteristics of the basic

model. Representations respecting

energy consumption of covered products

are to made in accordance with

applicable DOE test procedures or as

specified by a test procedure waiver.

Therefore, no changes have been made

to § 430.27(f) of today's final rule.

4. Determination of Product Coverage

for Energy Efficiency Standards

Two commenters requested the

waiver provisions be modified to

include a procedure to determine

whether a new product or feature after

being granted a waiver is covered by the

DOE energy efficiency standards. If the

test procedure is waived without

conditions for a basic model, that basic

model is not subject to the DOE energy

efficiency standards since there are no

test procedures as required by section

325(b) of the Act. However, if the waiver

is granted subject to conditions, the

waiver will address whether or not the

basic model is covered by DOE energy

efficiency standards. Also, in § 430.75 of

the notice of proposed rulemaking

regarding energy efficiency standards

for nine types of consumer products

issued on June 19, 1980 (45 FR 43976,

June 30,1980), DOE proposed

procedures under which any

manufacturer or private labeler may

request a field test exemption from

applicable energy efficiency standards.

Consequently, no changes have been

made in today's final rule to include

procedures to determine whether a new

product or feature is covered by the

DOE energy efficiency standards.

C. Regulations Prescribed

1. General Provisions

Subpart B of Part 430 contains the

provisions allowing the Department of

Energy temporarily to waive test

procedure requirements for particular

covered products containing design

characteristics that either prevent

testing according to the prescribed test

procedures, or that the prescribed test

procedures evaluate in a manner so

unrepresentative of their true energy

consumption characteristics as to

provide materially inaccurate data.

These are substantially the same as

those proposed with the exception of the

changes discussed above.

2. Regulatory and Environmental

Review.

Pursuant to Section 7(a)(1) 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. No comments have been

received from the Administrator.

In accordance with the requirements

of the National Environmental Policy

Act of 1969 (NEPA), 42 U.S.C. 4321 et

seq., DOE has evaluated the proposed

establishment of these testing

procedures for consumer products to

determine if an environmental

assessment (EA) or an environmental

impact statement (EIS) is required.

These test procedures will be used only

to standardize the measurement of

energy usage for the subject consumer

products. The action of prescribing these

test procedures, by itself, will not result

in any environmental impacts. Thus, it is

clear that this action is not a major

Federal action significantly affecting the

quality of the human environment, and

neither an EA nor an EIS is required.

The potential environmental impacts

that might occur from the application of

the test procedures in connection with

DOE's energy efficiency standards

program has been evaluated separately

by that program and it was determined

that the standards program does not

represent a major Federal action

significantly affecting the quality of the

human environment within the meaning

of Section 102(2)(c) of NEPA. The

Environmental Assessment of the

energy efficiency standards program for

consumer products is available for

public review in the DOE Freedom of

Information Reading Room, Room 5B180, Forrestal Building, 1000

Independence Avenue, SW.,

Washington, D.C. 20585, between the

hours of 8 a.m., and 4 p.m., Monday

through Friday, except Federal holidays.

The proposed rule has been reviewed

in accordance with Executive Order -

12044 and DOE Order 2030.1, 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). Consequently, a regulatory

analysis has not been prepared for this

proposed rule.

In consideration of the foregoing. Part

430 of Chapter II of Title 10, Code of

Federal Regulations, is amended as set

forth below, effective October 27, 1980.

 CAS-RM-80-116 COMMENT 02

Federal Register I Vol. 45, No. 189 I Friday, September 26, 1980 I Rules and Regulations 64109 

- units of the same product type (as listed 

in section 322(a) of the Act) of the . petition to waive a test procedure. Upon 

receipt of the petiti,on and after review, 

DOE shall publish in the Federal 

Register the petition and supporting 

documentation from which confidential 

information, as determined by DOE, has 

been deleted in accordance with 10 CFR 

1004.11 and shall solicit comments, data 

and information with respect to the 

determination of the petition. In the 

notice to be sent to all manufacturers of 

the same product type, petitioner shall 

include 'a statement that DOE has 

published in the Federal Register on a 

certain date the petition and supporting 

documents. 

One commenter stated that the 

requirements of proposed § 430.27(c) 

would destroy the manufacturers' 

incentive to consider new product 

development and that "it is reasonably 

certain that no monies will be 

authorized past the prototype model 

until government approval is obtained." 

A number of commenters suggested that 

the proposed procedures be modified to 

include a preliminary waiver of test 

procedures based upon a petitioner's 

petition to and consultation with DOE. 

Commenters stated that the purpose of a 

preliminary waiver would be to provide 

petitioners with an opportunity to 

ascertain the outcome of the final 

waiver and to establish a basis upon 

which the manufacturer could develop a 

product development plan. The 

commenters suggested that a preliminary waiver be based upon one- on-one communications between the 

petitioner and DOE and that information 

regarding the petition and its disposition 

shall be maintained in confidence by 

DOE. DOE has carefully considered 

these comments and has concluded that 

it would be inappropriate to include 

these procedures for preliminary test 

procedure waiver. 'Such procedl,ll'es 

would be inconsistent with the intended 

public nature of the review process. 

Therefore, no changes have .been made 

to § 430.27(C) of today's final rule to 

include provisions for a preliminary 

waiver. 

3. Representations 

One commenter recommended that 

§ 430.27(f) be deleted and that the 

petition for a waiver should include a proposed alternate test procedure. 

prepared by the petitioner, to be used 

for making representations regarding the 

energy consumption and energy 

effich.incy until a waiver is issued by 

DOE. 

DOE agrees that if the petitioner is 

aware of an alterpate test procedure. the 

alterna te test procedure should be 

provided for consideration by DOE. 

Consequently § 430.Z7(b) of today's final 

rule has been changed to require that 

each petition shall include any alternate 

test procedures known to the petitioner 

to evaluate the product in a manner 

representative of the energy 

consumption characteristics of the basic 

model. Representations respecting 

energy consumption of covered products 

are to made in accordance with 

applicable DOE test procedures or as 

specified by a test procedure waiver. 

Therefore, no changes have been made 

to § 430.27(f) of today's final rule. 

4. Determination of Product Coverage 

for Energy Efficiency Standards 

Two commenters requested the 

waiver provisions be modified ~o 

include a procedure to determine 

whether a new product or feature after 

being granted a waiver is ,covered by the 

DOE energy efficiency standards. If the 

test procedure is waived without 

conditions for a basic model, that basic 

model is not subject to the DOE energy 

efficiency standards since there are no 

test procedures as required by section 

325(b) of the Act. However, if the waiver 

is granted subject to conditions, the 

waiver will address whether or not the 

basic model is covered by DOE energy 

efficiency ,standards. Also. in § 430.75 of 

the notice of proposed rule making 

regarding energy efficiency standards 

for nine types of consumer products 

issued on June 19,1980 (45 FR 43976, 

June 30. 1980), DOE proposed 

procedures under which any 

manufacturer or private labeler may 

request a field test exemption from 

applicable energy efficiency standards. 

Consequently, no changes have been 

made in today's final rule to include 

procedures to determine whether a new 

product or feature is covered by the 

DOE energy efficiency standards. 

C. Regulations Prescribed 

1. General Provisions 

Subpart B of Part 430 contains the 

provisions allowing the Department of 

Energy temporarily to waive test 

procedure requirements for particular 

covered products containing design 

charaCteristics that either prevent 

testing according to the prescribed test 

procedures. or that the prescribed test 

procedures evaluate in a manner so 

unrepresentative of their true energy 

consumption characteristics as to 

provide materially inaccurate data. 

These are substantially the same as 

those proposed with the exception of the 

changes discussed above. 

2. Regulatory and Environmental 

Review . 

Pursuant to Section 7(a)(1) 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. No comments have been 

received from the Administrator. 

In accordance with the requirements 

of the National Environmental Policy 

Act of 1969 (NEP A). 42 U.S.C. 4321 et 

seq., DOE has evaluated the proposed 

establishment of these testing 

procedures for consumer products to 

determine if an environmental 

assessment (EA) or an environmental 

impact statement (ElS) is required. 

These test procedures will be used only 

to standardize the measurement of 

energy usage for the subject consnmer 

products. The action of prescribing these 

test procedures. by itself, will not result 

in any environmental impacts. Thus, it is 

clear .that this action is not a major 

Federal action significantly affecting the 

quality of the human environment. and 

neither an EA nor an ElS is required. 

The potential environmental impacts 

that might occur from the application of 

the test procedures in connection with 

DOE's energy efficiency standards 

program has been evaluated separately 

by that program and it was determined 

that the stapdards program does not 

represent a major Federal action 

significantly affecting the quality of the 

human environment within the meaning' 

of Section 10Z(2)(c} of NEPA. The 

Environmental Assessment of the 

energy efficiency standards program for 

consumer products is available for 

public review in the DOE Freedom of 

Information Reading Room. Room 5B180, Forrestal Building. 1000 

Independence Avenue. SW., 

Washington, D.C. 20585, between the 

hours of 8 a.m., and 4 p.m., Monday 

through Friday. except Federal holidays. 

The proposed rule has been reviewed 

in accordance with Executive Order' 

12044 and DOE Order 2030.1. 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). Consequently. a regulatory 

analysis has not been prepared foJ' this 

proposed rule. 

In consideration of the foregoing. Part 

430 of Chapter II of Title 10, Code of 

Federal Regulations. is amended as set 

forth below. effective October 27.1980 .. 

Federal Register I Vol. 45, No. 189 I Friday, September 26, 1980 I Rules and Regulations 64109 

- units of the same product type (as listed 

in section 322(a) of the Act) of the . petition to waive a test procedure. Upon 

receipt of the petiti,on and after review, 

DOE shall publish in the Federal 

Register the petition and supporting 

documentation from which confidential 

information, as determined by DOE, has 

been deleted in accordance with 10 CFR 

1004.11 and shall solicit comments, data 

and information with respect to the 

determination of the petition. In the 

notice to be sent to all manufacturers of 

the same product type, petitioner shall 

include 'a statement that DOE has 

published in the Federal Register on a 

certain date the petition and supporting 

documents. 

One commenter stated that the 

requirements of proposed § 430.27(c) 

would destroy the manufacturers' 

incentive to consider new product 

development and that "it is reasonably 

certain that no monies will be 

authorized past the prototype model 

until government approval is obtained." 

A number of commenters suggested that 

the proposed procedures be modified to 

include a preliminary waiver of test 

procedures based upon a petitioner's 

petition to and consultation with DOE. 

Commenters stated that the purpose of a 

preliminary waiver would be to provide 

petitioners with an opportunity to 

ascertain the outcome of the final 

waiver and to establish a basis upon 

which the manufacturer could develop a 

product development plan. The 

commenters suggested that a preliminary waiver be based upon one- on-one communications between the 

petitioner and DOE and that information 

regarding the petition and its disposition 

shall be maintained in confidence by 

DOE. DOE has carefully considered 

these comments and has concluded that 

it would be inappropriate to include 

these procedures for preliminary test 

procedure waiver. 'Such procedl,ll'es 

would be inconsistent with the intended 

public nature of the review process. 

Therefore, no changes have .been made 

to § 430.27(C) of today's final rule to 

include provisions for a preliminary 

waiver. 

3. Representations 

One commenter recommended that 

§ 430.27(f) be deleted and that the 

petition for a waiver should include a proposed alternate test procedure. 

prepared by the petitioner, to be used 

for making representations regarding the 

energy consumption and energy 

effich.incy until a waiver is issued by 

DOE. 

DOE agrees that if the petitioner is 

aware of an alterpate test procedure. the 

alterna te test procedure should be 

provided for consideration by DOE. 

Consequently § 430.Z7(b) of today's final 

rule has been changed to require that 

each petition shall include any alternate 

test procedures known to the petitioner 

to evaluate the product in a manner 

representative of the energy 

consumption characteristics of the basic 

model. Representations respecting 

energy consumption of covered products 

are to made in accordance with 

applicable DOE test procedures or as 

specified by a test procedure waiver. 

Therefore, no changes have been made 

to § 430.27(f) of today's final rule. 

4. Determination of Product Coverage 

for Energy Efficiency Standards 

Two commenters requested the 

waiver provisions be modified ~o 

include a procedure to determine 

whether a new product or feature after 

being granted a waiver is ,covered by the 

DOE energy efficiency standards. If the 

test procedure is waived without 

conditions for a basic model, that basic 

model is not subject to the DOE energy 

efficiency standards since there are no 

test procedures as required by section 

325(b) of the Act. However, if the waiver 

is granted subject to conditions, the 

waiver will address whether or not the 

basic model is covered by DOE energy 

efficiency ,standards. Also. in § 430.75 of 

the notice of proposed rule making 

regarding energy efficiency standards 

for nine types of consumer products 

issued on June 19,1980 (45 FR 43976, 

June 30. 1980), DOE proposed 

procedures under which any 

manufacturer or private labeler may 

request a field test exemption from 

applicable energy efficiency standards. 

Consequently, no changes have been 

made in today's final rule to include 

procedures to determine whether a new 

product or feature is covered by the 

DOE energy efficiency standards. 

C. Regulations Prescribed 

1. General Provisions 

Subpart B of Part 430 contains the 

provisions allowing the Department of 

Energy temporarily to waive test 

procedure requirements for particular 

covered products containing design 

charaCteristics that either prevent 

testing according to the prescribed test 

procedures. or that the prescribed test 

procedures evaluate in a manner so 

unrepresentative of their true energy 

consumption characteristics as to 

provide materially inaccurate data. 

These are substantially the same as 

those proposed with the exception of the 

changes discussed above. 

2. Regulatory and Environmental 

Review . 

Pursuant to Section 7(a)(1) 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. No comments have been 

received from the Administrator. 

In accordance with the requirements 

of the National Environmental Policy 

Act of 1969 (NEP A). 42 U.S.C. 4321 et 

seq., DOE has evaluated the proposed 

establishment of these testing 

procedures for consumer products to 

determine if an environmental 

assessment (EA) or an environmental 

impact statement (ElS) is required. 

These test procedures will be used only 

to standardize the measurement of 

energy usage for the subject consnmer 

products. The action of prescribing these 

test procedures. by itself, will not result 

in any environmental impacts. Thus, it is 

clear .that this action is not a major 

Federal action significantly affecting the 

quality of the human environment. and 

neither an EA nor an ElS is required. 

The potential environmental impacts 

that might occur from the application of 

the test procedures in connection with 

DOE's energy efficiency standards 

program has been evaluated separately 

by that program and it was determined 

that the stapdards program does not 

represent a major Federal action 

significantly affecting the quality of the 

human environment within the meaning' 

of Section 10Z(2)(c} of NEPA. The 

Environmental Assessment of the 

energy efficiency standards program for 

consumer products is available for 

public review in the DOE Freedom of 

Information Reading Room. Room 5B180, Forrestal Building. 1000 

Independence Avenue. SW., 

Washington, D.C. 20585, between the 

hours of 8 a.m., and 4 p.m., Monday 

through Friday. except Federal holidays. 

The proposed rule has been reviewed 

in accordance with Executive Order' 

12044 and DOE Order 2030.1. 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). Consequently. a regulatory 

analysis has not been prepared foJ' this 

proposed rule. 

In consideration of the foregoing. Part 

430 of Chapter II of Title 10, Code of 

Federal Regulations. is amended as set 

forth below. effective October 27.1980 .. 
ti4110 Federal Register - f Vol. 45r No. 189 / Friday, September 26, 1980 f Rules and Regulations

Issued in Washington, D.C., September 18,

1980.

Maxine . Savitz,

Dee utyAs$fstant Secretary for Conservation,

Conservation and Solar Energy.. .

1. Part 430 of Chaptei II of Title 10,

Code of-Federal Regulations, is

amended by establishing a new § 430.27,

to read as follows:

§ 430.27 Petttions for waiver.

(a) Notwithstanding any other

provisions of this subpart, any

interested person may submit a petition

to waive for a particular basic model

any requirements of § 430.22, or of any

appendix to this subpart, upon the

grounds that the basic model contains

one or more design characteristics

which either prevent testing of the basic

model according to the prescribed test

procedures, or 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.

(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

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 manufacturers of all other basic

models marketed in the United States

and known to the petitioner to

incorporate similar design

characteristic(s). Each petition shall

include any alternate test procedures

known to the petitioner to evaluate in a

manner representative of the energy

consumption characteristics of the basic

model. 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. DOE

shall publish in the Federal Register the

petition and supporting documents from

which confidential information, as

determined by DOE, has been deleted in

accordance with 10 CFR 1004.11 and,

shall solicit comments, data and

information with respect to the

determination of the petition. Each

petitioner after complying with-the'

requirements of paragraph (c) of this

section, shall file with DOE a statement

certifying the names and addresses of

each person to whom a notice of the

petition for waiver has'been sent.

(c) Each petitioner, after filing with

DOE, shall notify in writing all known

manufacturers of domestically marketed

units of the same product type (as listed

in section 322(a) of the Act) of the

petition to waive a test procedure and

shall include in the notice a statement

that DOE has published in the Federal

Register on 'a certain date the petition

and supporting documents from which

confidential information, as determined

by DOE, has been deleted in accordance

with 10 CFR 1004.11.

(d) 'A petitioner may, within ten

working days of receipt of a copy of any

comments submitted in accordance with

paragraph (b) 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 response, 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 it is determined that

the basic model for which the waiver

was requested contains a design

characteristic which either prevents

testing of the basic model according to

the prescribed test procedures, or 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. 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 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 aggrieved by an

action of failure to act on the part of the

-Department of Energy under this section

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.

LFR Doc, 60-29793 Filed 9-25-8a 6:45 aml

BILLING CODE 645o-91-M

 CAS-RM-80-116 COMMENT 02

,64110 Fe(leral Register) Vol. 45;-No; 189 I Friday, Septe~ber 26, 19801 Rules and Regulations 

, Issued in Washing~on. n:c .. September 18. 

1980. 

Maxine Savitz, 

Deputy ASl?istantSeoretary for Conservation. 

Conservation andSoiar Energy." 

1. Part 430 of Chapter II of Title 10. 

Code 'of-Federal Regulations. is 

amended by establishing a new § 430.27. 

: to read as follows: 

§ 430.27 Petitions for waiver. 

(a) Notwithstanding any other 

provi~ions of this subpart. af!Y .. interested person may submIt a petIhon 

to waive for a particular basic model, 

ar.w requirements of § 430.22. or of any 

appendix to this subpart, upon the 

grounds that the basic model contains 

one or more design characteristics ' 

which either prevent testing, of ,the basic 

model according to the prescribed test 

procedures. or 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. 

(b) Each petition shall be 

denominated "Petition for Waiver" and 

shall be submitted. in triplicate, to the 

Assistant Secret!l,ry 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 

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 manufacturers of all other basic 

models marketed in the United States 

and known to the petitioner to 

incorporate similar design 

characteristic(s). Each petition shall 

include any alternate test procedures 

known to the petitioner to evaluate in a 

manner representative of the energy 

consumption chaJ;'acteristics of the basic 

model. 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. DOE 

shall publish in the Fede,ral Regi~ter the 

petition and supporting documents from 

which confidential information, as 

determined by DOE. has been deleted in 

accordance withio CPR 1004.11 and. 

shall solicit comments. data and . 

information with respect 'to the .. 

determination of the' petition. Each 

petitioner aftet'ComI!ly~ng with the 

requirements of paragraph (c) of this 

section. shall file with DOE a statement 

certifying the nam.es and addresses of 

each person to whom a notice of the 

petition for waiver has been sent. . (c) Each petitioner. after filing with 

DOE. shall notify in writIDg all known 

manufacturers of domestically marketed 

units of the same product type (as listed 

in section 322(a) of the Act) of the 

petition to waive a test procedure and 

shall include in the notice a statement 

that DOE has published in the Federal 

Register on 'a certain date the petition 

and supporting documents from which 

confidential information, as determined 

by DOE. has been deleted in accordance 

with 10 CFR 1004.11. 

(d) A petitioner may, within ten . workirig days of receipt of a copy of any 

comnI'ents submitted in accordance with 

paragraph (b) of this sectionl submit a -

rebuttal statement to the Assistant 

Seg-etary for Conservation and Solar 

Energy. A petitioner may rebut more than one responl)e 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 response. 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 it is determined that 

the basic model for which the waiver was requested contains a design 

characteristic which either prevents 

testing of the basic model according to 

the prescribed test procedures, or 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. Waivers may be 

granted subject to conditions, which 

may include adherence to alternate test 

procedures specified by the Assistant 

Secretary for Consetvation and Solar 

'. Energy. The Assistant Secretary shall -

consult with the Federal Trade. 

Commission prior t~ granting any 

waiver. and shall promptly publish in 

. the Federal Regis~er,notice of each 

waiver grlll1ted,. and any limiting 

conditions ot each 'waiver. 

(11) Within one year of the granting of 

~ny waiver. the pepartment 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 aggrieved by an action of failure to act ,on the part of the 

·Department of Energy under this section 

may file an appeal with the Department 

of Energy' 8 Office of Hearings and 

Appeals as provided in 10 CFR Part 205, 

Subpart RAny perSOll 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 •. 

(FR Doc. 60-29793 Flied 9-25-80; 6:45 amJ 

BlWHG ,CODE &450-01 .... 

,64110 Fe(leral Register) Vol. 45;-No; 189 I Friday, Septe~ber 26, 19801 Rules and Regulations 

, Issued in Washing~on. n:c .. September 18. 

1980. 

Maxine Savitz, 

Deputy ASl?istantSeoretary for Conservation. 

Conservation andSoiar Energy." 

1. Part 430 of Chapter II of Title 10. 

Code 'of-Federal Regulations. is 

amended by establishing a new § 430.27. 

: to read as follows: 

§ 430.27 Petitions for waiver. 

(a) Notwithstanding any other 

provi~ions of this subpart. af!Y .. interested person may submIt a petIhon 

to waive for a particular basic model, 

ar.w requirements of § 430.22. or of any 

appendix to this subpart, upon the 

grounds that the basic model contains 

one or more design characteristics ' 

which either prevent testing, of ,the basic 

model according to the prescribed test 

procedures. or 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. 

(b) Each petition shall be 

denominated "Petition for Waiver" and 

shall be submitted. in triplicate, to the 

Assistant Secret!l,ry 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 

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 manufacturers of all other basic 

models marketed in the United States 

and known to the petitioner to 

incorporate similar design 

characteristic(s). Each petition shall 

include any alternate test procedures 

known to the petitioner to evaluate in a 

manner representative of the energy 

consumption chaJ;'acteristics of the basic 

model. 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. DOE 

shall publish in the Fede,ral Regi~ter the 

petition and supporting documents from 

which confidential information, as 

determined by DOE. has been deleted in 

accordance withio CPR 1004.11 and. 

shall solicit comments. data and . 

information with respect 'to the .. 

determination of the' petition. Each 

petitioner aftet'ComI!ly~ng with the 

requirements of paragraph (c) of this 

section. shall file with DOE a statement 

certifying the nam.es and addresses of 

each person to whom a notice of the 

petition for waiver has been sent. . (c) Each petitioner. after filing with 

DOE. shall notify in writIDg all known 

manufacturers of domestically marketed 

units of the same product type (as listed 

in section 322(a) of the Act) of the 

petition to waive a test procedure and 

shall include in the notice a statement 

that DOE has published in the Federal 

Register on 'a certain date the petition 

and supporting documents from which 

confidential information, as determined 

by DOE. has been deleted in accordance 

with 10 CFR 1004.11. 

(d) A petitioner may, within ten . workirig days of receipt of a copy of any 

comnI'ents submitted in accordance with 

paragraph (b) of this sectionl submit a -

rebuttal statement to the Assistant 

Seg-etary for Conservation and Solar 

Energy. A petitioner may rebut more than one responl)e 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 response. 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 it is determined that 

the basic model for which the waiver was requested contains a design 

characteristic which either prevents 

testing of the basic model according to 

the prescribed test procedures, or 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. Waivers may be 

granted subject to conditions, which 

may include adherence to alternate test 

procedures specified by the Assistant 

Secretary for Consetvation and Solar 

'. Energy. The Assistant Secretary shall -

consult with the Federal Trade. 

Commission prior t~ granting any 

waiver. and shall promptly publish in 

. the Federal Regis~er,notice of each 

waiver grlll1ted,. and any limiting 

conditions ot each 'waiver. 

(11) Within one year of the granting of 

~ny waiver. the pepartment 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 aggrieved by an action of failure to act ,on the part of the 

·Department of Energy under this section 

may file an appeal with the Department 

of Energy' 8 Office of Hearings and 

Appeals as provided in 10 CFR Part 205, 

Subpart RAny perSOll 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 •. 

(FR Doc. 60-29793 Flied 9-25-80; 6:45 amJ 

BlWHG ,CODE &450-01 ....