## 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 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

SUPPLE MENTARY 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 

### 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 Programfor Consumer Products;**~rovisions** for the Waiver of Consumer ProductTest Procedures

AGENCY: Department ofEnergy.

ACTION: Final rule..

.

SUMMARY: The Department ofEnergy amends the Department's energy

. conservationprogram 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 productpreventuse ofthe prescribed
test procedures or lead to results of the
test procedures thatprovide materially inaccurate comparative.data, The
energy conservationprogram 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 ofConservation 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

ofEnergy, Office ofGeneral 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) ofthe 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 ofEnergy (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 Bofthe Act. 1The 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 ofthe 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 coveredproducts enumerated in section 322(a) (1)-(13) ofthe 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, andfurnances.

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 ofComments

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 ifthe petitioner cim demonstrate that the design characteristics eitherprevent testing according to the test procedures or the
test procedures evaluate the basic model in 

### an unrepresentative manner, regardless ofwhether the design characteristics ofthe basic model are "unique." DOE is aware that these problems may arise even ifa 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 ifa 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 othermodels 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 ofother basic models marketed in the United States. Rather than the manufacturers

. identifying other basic models, some commenters recommended DOE should determine ifthe basic model is unique through othermeans, 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 otherbasic models marketed in the United States that the petitionerknows incorporate similar design characteristics.

2. Notification ofCompetitors

Nearly all ofthe commenters expressed concern that the requirement ofproposed § 430.27(c) for the petitioner
to distribute copies ofthe petition for waiver wouldresult in premature disclosure ofa manufacturer's proprietary data and plans. Under the proposed rule, these copies would go to all manufacturers ofdomestically marketed·units ofthe same product type and to eachperson who may be aggrieved by the DOE action sought. Also, a number of commenters stated that 

### ifthe design characteristics are so unique that a product cannotbe 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 ofall manufacturers and persons to whom copies ofthe 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 itwould 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 ofdomestically 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 Programfor Consumer Products;**~rovisions** for the Waiver of Consumer ProductTest Procedures

AGENCY: Department ofEnergy.

ACTION: Final rule..

.

SUMMARY: The Department ofEnergy amends the Department's energy

. conservationprogram 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 productpreventuse ofthe prescribed
test procedures or lead to results of the
test procedures thatprovide materially inaccurate comparative.data, The
energy conservationprogram 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 ofConservation 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

ofEnergy, Office ofGeneral 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) ofthe 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 ofEnergy (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 Bofthe Act. 1The 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 ofthe 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 coveredproducts enumerated in section 322(a) (1)-(13) ofthe 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, andfurnances.

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 ofComments

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 ifthe petitioner cim demonstrate that the design characteristics eitherprevent testing according to the test procedures or the
test procedures evaluate the basic model in 

### an unrepresentative manner, regardless ofwhether the design characteristics ofthe basic model are "unique." DOE is aware that these problems may arise even ifa 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 ifa 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 othermodels 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 ofother basic models marketed in the United States. Rather than the manufacturers

. identifying other basic models, some commenters recommended DOE should determine ifthe basic model is unique through othermeans, 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 otherbasic models marketed in the United States that the petitionerknows incorporate similar design characteristics.

2. Notification ofCompetitors

Nearly all ofthe commenters expressed concern that the requirement ofproposed § 430.27(c) for the petitioner
to distribute copies ofthe petition for waiver wouldresult in premature disclosure ofa manufacturer's proprietary data and plans. Under the proposed rule, these copies would go to all manufacturers ofdomestically marketed·units ofthe same product type and to eachperson who may be aggrieved by the DOE action sought. Also, a number of commenters stated that 

### ifthe design characteristics are so unique that a product cannotbe 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 ofall manufacturers and persons to whom copies ofthe 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 itwould 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 ofdomestically marketedFederal 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 apreliminary 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 ofInformation 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. 

### Federal Register 

## I Vol. 45, No. 189 

## I Friday, September 26, 1980 

## I Rules and Regulations 

### 64109



# -

units ofthe same product type (as listed in section 322(a) ofthe Act) ofthe

. petition to waive a test procedure. Upon receipt of the petiti,on and afterreview, 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 ofthe petition. In the notice to 

### be sent to all manufacturers of the same product type, petitioner shall include 'a statement thatDOE has published in the Federal Register on a certain date the petition and supporting documents.

One commenter stated that the requirements ofproposed § 430.27(c) would destroy the manufacturers' incentive to consider newproduct development and that "itis reasonably certain that no monies will be authorizedpast the prototype model until government approval is obtained." A number ofcommenters suggested that the proposed procedures be modified to include a preliminary waiver oftest procedures basedupon a petitioner's petition to and consultation with DOE. Commenters stated that the purpose ofa preliminary waiver would be to provide petitioners with an opportunity to ascertain the outcome ofthe final waiver and to establish a basis upon which the manufacturer could develop a product development plan. The
commenters suggested that a preliminary waiver bebasedupon one-

on-one communications between the petitioner andDOE 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 itwould be inappropriate to include these procedures for preliminary test procedure waiver. 'Such procedl,ll'es would be inconsistent with the intended public nature ofthe review process. Therefore, no changes have.been made
to § 430.27(C) oftoday'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. preparedby 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 ifthe petitioner is aware ofan alterpate test procedure. the alternate testprocedure should be provided for consideration by DOE. Consequently § 430.Z7(b) oftoday'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 ofthe energy consumption characteristics ofthe basic model. Representations respecting
energy consumption ofcovered products

are to made in accordance with applicable DOE testprocedures or as specified by a test procedure waiver. Therefore, no changes have been made
to § 430.27(f) oftoday's final rule.

4. Determination of Product Coverage for EnergyEfficiencyStandards

Two commenters requested the waiver provisions be modified**~o** include a procedure to determine whether a new product or feature after being granted a waiveris,covered by the DOE energy efficiency standards. Ifthe
test procedure is waived without conditions for a basic model, thatbasic model is not subject to the DOE energy efficiency standards since there are no test procedures as required by section 325(b) ofthe Act. However, 

### ifthe waiver is granted subject to conditions, the waiver will address whether or not the basic model is coveredbyDOE energy efficiency ,standards. Also. in § 430.75 of the notice ofproposed rulemaking regarding energy efficiency standards for nine types ofconsumerproducts issued on June 19,1980 (45 FR 43976, June 30. 1980), DOE proposed procedures under which any manufacturer orprivate labelermay requesta 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. GeneralProvisions

Subpart BofPart430 contains the provisions allowing the Department of Energy temporarily to waive test procedure requirements for particular coveredproducts 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 oftheir true energy consumption characteristics as to provide materially inaccurate data. These are substantially the same as those proposed with the exception ofthe changes discussed above. 2. RegulatoryandEnvironmental Review

. Pursuant to Section 7(a)(1) ofthe Federal Energy Administration Act of 1974. a copy ofthis notice has been submitted to the Administrator ofthe Environmental Protection Agency for his
comments concerning the impact ofthis proposal on the quality ofthe environment. No comments have been received from the Administrator.

In accordance with the requirements ofthe National Environmental Policy Act of 1969 (NEPA). 42 U.S.C. 4321 et seq., DOE has evaluated the proposed establishment ofthese testing procedures for consumer products to determine if an environmental
assessment (EA) or an environmental impact statement (ElS) is required. These testprocedures will be used only
to standardize the measurement of
energy usage for the subject consnmer products. The action ofprescribing these
test procedures. by itself, will notresult in any environmental impacts. Thus, itis clear.that this action is not a major Federal action significantly affecting the quality ofthe human environment. and neither an EA nor anElS is required. The potential environmental impacts that might occur from the application of the testprocedures in connection with DOE's energy efficiency standards
program has been evaluated separately by thatprogram and itwas determined that the stapdards program does not represent a majorFederal action significantly affecting the quality ofthe human environment within the meaning' ofSection 10Z(2)(c} ofNEPA. The Environmental Assessment ofthe
energy efficiency standards program for

consumer products is available for public review in the DOE Freedom of Information Reading Room. Room 5B180, ForrestalBuilding. 1000 Independence Avenue. SW., Washington, D.C. 20585, between the hours of 8 a.m., and 4 p.m., Monday through Friday. exceptFederalholidays.

The proposedrule has beenreviewed in accordance with Executive Order' 12044 andDOE Order 2030.1. and ithas been determined that the proposal is significant innature but does nothave major impacts to manufacturers and

consumers (i.e.• would not impose annual economic costs of$100 million or more). Consequently. a regulatory analysis has notbeenprepared foJ' this proposed rule.

In consideration ofthe foregoing. Part 430 ofChapterII ofTitle 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 ofthe same product type (as listed in section 322(a) ofthe Act) ofthe

. petition to waive a test procedure. Upon receipt of the petiti,on and afterreview, 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 ofthe petition. In the notice to 

### be sent to all manufacturers of the same product type, petitioner shall include 'a statement thatDOE has published in the Federal Register on a certain date the petition and supporting documents.

One commenter stated that the requirements ofproposed § 430.27(c) would destroy the manufacturers' incentive to consider newproduct development and that "itis reasonably certain that no monies will be authorizedpast the prototype model until government approval is obtained." A number ofcommenters suggested that the proposed procedures be modified to include a preliminary waiver oftest procedures basedupon a petitioner's petition to and consultation with DOE. Commenters stated that the purpose ofa preliminary waiver would be to provide petitioners with an opportunity to ascertain the outcome ofthe final waiver and to establish a basis upon which the manufacturer could develop a product development plan. The
commenters suggested that a preliminary waiver bebasedupon one-

on-one communications between the petitioner andDOE 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 itwould be inappropriate to include these procedures for preliminary test procedure waiver. 'Such procedl,ll'es would be inconsistent with the intended public nature ofthe review process. Therefore, no changes have.been made
to § 430.27(C) oftoday'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. preparedby 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 ifthe petitioner is aware ofan alterpate test procedure. the alternate testprocedure should be provided for consideration by DOE. Consequently § 430.Z7(b) oftoday'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 ofthe energy consumption characteristics ofthe basic model. Representations respecting
energy consumption ofcovered products

are to made in accordance with applicable DOE testprocedures or as specified by a test procedure waiver. Therefore, no changes have been made
to § 430.27(f) oftoday's final rule.

4. Determination of Product Coverage for EnergyEfficiencyStandards

Two commenters requested the waiver provisions be modified**~o** include a procedure to determine whether a new product or feature after being granted a waiveris,covered by the DOE energy efficiency standards. Ifthe
test procedure is waived without conditions for a basic model, thatbasic model is not subject to the DOE energy efficiency standards since there are no test procedures as required by section 325(b) ofthe Act. However, 

### ifthe waiver is granted subject to conditions, the waiver will address whether or not the basic model is coveredbyDOE energy efficiency ,standards. Also. in § 430.75 of the notice ofproposed rulemaking regarding energy efficiency standards for nine types ofconsumerproducts issued on June 19,1980 (45 FR 43976, June 30. 1980), DOE proposed procedures under which any manufacturer orprivate labelermay requesta 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. GeneralProvisions

Subpart BofPart430 contains the provisions allowing the Department of Energy temporarily to waive test procedure requirements for particular coveredproducts 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 oftheir true energy consumption characteristics as to provide materially inaccurate data. These are substantially the same as those proposed with the exception ofthe changes discussed above. 2. RegulatoryandEnvironmental Review

. Pursuant to Section 7(a)(1) ofthe Federal Energy Administration Act of 1974. a copy ofthis notice has been submitted to the Administrator ofthe Environmental Protection Agency for his
comments concerning the impact ofthis proposal on the quality ofthe environment. No comments have been received from the Administrator.

In accordance with the requirements ofthe National Environmental Policy Act of 1969 (NEPA). 42 U.S.C. 4321 et seq., DOE has evaluated the proposed establishment ofthese testing procedures for consumer products to determine if an environmental
assessment (EA) or an environmental impact statement (ElS) is required. These testprocedures will be used only
to standardize the measurement of
energy usage for the subject consnmer products. The action ofprescribing these
test procedures. by itself, will notresult in any environmental impacts. Thus, itis clear.that this action is not a major Federal action significantly affecting the quality ofthe human environment. and neither an EA nor anElS is required. The potential environmental impacts that might occur from the application of the testprocedures in connection with DOE's energy efficiency standards
program has been evaluated separately by thatprogram and itwas determined that the stapdards program does not represent a majorFederal action significantly affecting the quality ofthe human environment within the meaning' ofSection 10Z(2)(c} ofNEPA. The Environmental Assessment ofthe
energy efficiency standards program for

consumer products is available for public review in the DOE Freedom of Information Reading Room. Room 5B180, ForrestalBuilding. 1000 Independence Avenue. SW., Washington, D.C. 20585, between the hours of 8 a.m., and 4 p.m., Monday through Friday. exceptFederalholidays.

The proposedrule has beenreviewed in accordance with Executive Order' 12044 andDOE Order 2030.1. and ithas been determined that the proposal is significant innature but does nothave major impacts to manufacturers and

consumers (i.e.• would not impose annual economic costs of$100 million or more). Consequently. a regulatory analysis has notbeenprepared foJ' this proposed rule.

In consideration ofthe foregoing. Part 430 ofChapterII ofTitle 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 

### ,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, DeputyASl?istantSeoretary for Conservation. Conservation andSoiarEnergy."

1. Part430 ofChapterII ofTitle 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** ofthis subpart. af!Y

.. interestedperson may submIt a petIhon
to waive for a particularbasic model,

ar.w requirements of § 430.22. or ofany appendix to this subpart, upon the grounds that the basic model contains

one ormore 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 ofits true energy consumption characteristics as to provide materially inaccurate comparative,data.

(b) Eachpetition 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 ofEnergy. 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. Eachpetition shall identify manufacturers ofall otherbasic 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 ofthe energy consumption chaJ;'acteristics ofthe basic model. Each petition shall be signedby the petitioner or by an authorized representative. 

### Ifan authorized representative sIgns the petition, a statement shall be included certifying that such person is an,authorized representative ofthe petitioner. In accordance with the provisions set forth in 10 CFR 1004.11, any request for confidential treatment ofany 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 withrespect'to the

.. determination ofthe'petition. Each petitioner**aftet'ComI!ly~ng**with the requirements ofparagraph (c) ofthis section. shall file withDOE a statement certifying the nam.es and addresses of eachperson to whom a notice ofthe petition for waiver has been sent.

. (c) Each petitioner. after filing with DOE. shall notifyin writIDg all known manufacturers ofdomestically marketed units ofthe same product type (as listed in section 322(a) ofthe 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 ofreceipt ofa copy ofany comnI'ents submitted in accordance with paragraph (b) ofthis 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 ofthe disposition ofeach petition for waiver. Within 30 days ofreceipt of

### apetition 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 hasbeen granted; (2)

a waiverhas 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 ofthis subpart, until a waiver has been granted.

[g) Waivers will be granted by the Assistant Secretary for Conservation and SolarEnergy. if itis determined 

### that the basic model for which the waiver

was requested contains a design characteristic which eitherprevents 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 ofits 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** ofeach

waiver grlll1ted,. and any limiting conditions ot each'waiver.

(11) Within one year

# ofthe granting of**~ny** waiver. the pepartment ofEnergy

,will publish in the Federal Register a notice ofproposed rulemaking to amend itsregulations so as to eliminate any need for the continuation ofsuch waiver. As soon thereafter as practicable, the Department ofEnergy will publish a final rule. Suchwaiver will terminate on the effective date of such final rule.

(i)Any person who is aggrieved by an action offailure to act,on the part ofthe ·Department ofEnergy under this section
may file an appeal with the Department ofEnergy'8 Office ofHearings and Appeals as providedin 10 CFR Part 205, Subpart RAny perSOll who believes that he has sUffered serious hardship or gross inequity as a result ofany , requirements ofthis subpartmay file an application for exception with the Office ofHearings and Appeals as provided in 10 CFR Part 205, SubpartD. Any person who desires an interpretation ofany provision ofthis 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, DeputyASl?istantSeoretary for Conservation. Conservation andSoiarEnergy."

1. Part430 ofChapterII ofTitle 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** ofthis subpart. af!Y

.. interestedperson may submIt a petIhon
to waive for a particularbasic model,

ar.w requirements of § 430.22. or ofany appendix to this subpart, upon the grounds that the basic model contains

one ormore 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 ofits true energy consumption characteristics as to provide materially inaccurate comparative,data.

(b) Eachpetition 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 ofEnergy. 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. Eachpetition shall identify manufacturers ofall otherbasic 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 ofthe energy consumption chaJ;'acteristics ofthe basic model. Each petition shall be signedby the petitioner or by an authorized representative. 

### Ifan authorized representative sIgns the petition, a statement shall be included certifying that such person is an,authorized representative ofthe petitioner. In accordance with the provisions set forth in 10 CFR 1004.11, any request for confidential treatment ofany 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 withrespect'to the

.. determination ofthe'petition. Each petitioner**aftet'ComI!ly~ng**with the requirements ofparagraph (c) ofthis section. shall file withDOE a statement certifying the nam.es and addresses of eachperson to whom a notice ofthe petition for waiver has been sent.

. (c) Each petitioner. after filing with DOE. shall notifyin writIDg all known manufacturers ofdomestically marketed units ofthe same product type (as listed in section 322(a) ofthe 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 ofreceipt ofa copy ofany comnI'ents submitted in accordance with paragraph (b) ofthis 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 ofthe disposition ofeach petition for waiver. Within 30 days ofreceipt of

### apetition 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 hasbeen granted; (2)

a waiverhas 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 ofthis subpart, until a waiver has been granted.

[g) Waivers will be granted by the Assistant Secretary for Conservation and SolarEnergy. if itis determined 

### that the basic model for which the waiver

was requested contains a design characteristic which eitherprevents 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 ofits 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** ofeach

waiver grlll1ted,. and any limiting conditions ot each'waiver.

(11) Within one year

# ofthe granting of**~ny** waiver. the pepartment ofEnergy

,will publish in the Federal Register a notice ofproposed rulemaking to amend itsregulations so as to eliminate any need for the continuation ofsuch waiver. As soon thereafter as practicable, the Department ofEnergy will publish a final rule. Suchwaiver will terminate on the effective date of such final rule.

(i)Any person who is aggrieved by an action offailure to act,on the part ofthe ·Department ofEnergy under this section
may file an appeal with the Department ofEnergy'8 Office ofHearings and Appeals as providedin 10 CFR Part 205, Subpart RAny perSOll who believes that he has sUffered serious hardship or gross inequity as a result ofany , requirements ofthis subpartmay file an application for exception with the Office ofHearings and Appeals as provided in 10 CFR Part 205, SubpartD. Any person who desires an interpretation ofany provision ofthis 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

....