### 21450 

# Proposed Rules

This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules.

DEPARTMENT OF ENERGY

Office of Conservation and Renewable Energy

10 CFR Part 430
[Docket No. CE-CP-SPRM-MI033, HI034]
Energy Conservation Program for Consumer Products; State Petitions for Exemption From Federal Preemption of State Standards for Water Heaters. Furnaces, Clothes Dryers, and Kitchen Ranges and Ovens

.,
AGENCY: Office ofConservation and Renewable Energy. DOE.

ACTION: Notice ofproposed rulemakings and public heAring.



## ------------- SUMMARY: The Energy Policy and Conservation Act. as amended by the National Energy Conservation Policy Act. requires that the Department of Energy prescribe an energy efficiency standard for each of 13 majorhousehold appliances unless it determines. by rule. that a standard will not result in significar.t conservation ofenergy. is not technologically feasible. or is not economicallyjustified.

On August 30. 1983. DOE published a final rule with respect to water heaters. furnaces and four other products. in which. for both water heaters and furnaces. DOE determined that an . _ energy efficiency standard would not result in a significant conservation of
energy and would not be economically justified.

DOE has received petitions from two States. Michigan and Hawaii. requesting. in each case. that State regulations pertaining to the energy use

or energy efficiency ofcertain appliances be exempted from Federal preemption. The petition from the State ofMichigan. submitted December 28. 1984. requests that the State energy efficiency standards requiring intermittent ignition devices (lIDs) for c1otr.es d;-vers. furnaces and kitchen
ranges and ovens be exempted from Federal preemption. Hawaii's petition. submitted September7.1984, requests exemption from Federal preemption for the State's regulation prohibiting the sale and installation ofwaterheaters that do not meet a prescribed efficiency level.

The purpose ofthis notice ofproposed rulemakings is toprovide interested
persons the opportunity to comment on the proposed rules and to invite

. interer::ted persons to participate in the rulemaking process.

DATES: Requests to speak at the public hearing must be received by the Department by July 8. 1985. Statements
to be**present~d** at the publichearing musl be received by the Department by July 10, 1985. Written comments on the proposed rule must be received by the Department byAugust 22. 1985.

Oral views. data and arguments may bepresented at the publichearing to be held in Washington. D.C. on July 16. 1985.

The Department ofEnergy is extending the period for final action to eHhf!r grant or deny the petitions recpi\'ed from Michigan and Hawaii to October 31. 1985.

ADDRESSES: Written comments. statements and requests to speak at the hearing are to be submitted to: U.S. Department ofEnergy. Office of Conservation and Renewable Energy, Office ofHearings and Dockets, Energy Efficiency Program for Consumer Products. Docket No. CE-CP-SPRM- (appropriate State code). Room 6B-025. FOTrestal Building. 1000 Independence Avenue. SW.• Washington.D.C. 20585. (202) 252-9319.

The hearing 

### will begin at 9:30 a.m.• and will be held at the U.S. Department ofEnergy. ForrestalBuilding. Room 1E245.1000 Independence Avenue. SW.• Washington. D.C.

Copies ofthe petitions. the transcript ofthe public hearing. and public
commentsreceived may be obtained from the DOE Freedom ofInformation Reading Room: U.S. Department of Energy. Freedom ofInformation Public Reading Room. Forrestal Building. Room 1E-190. 1000 Independence Avenue. SW

.. Washington. D.C. 20585. (202) 252- 6020.

For more information concerning public participation in this rulemaking proceeding. see section IV "Public Comment Procedures" ofthis notice. Federal Register

Vol. SO. No. 101

Friday. May 24. 1985

FOR FURTHER INFORMATION CONTACT: Michael

### J. McCabe. U.S. Department of

Energy. Office ofConservation and Renewable Energy. Mail Station. CE112. Room GF-217. FOTresta} Building. 1000 Independence'Avenue, SW.• Washington. D.C. 20585. (202) 252- 9127. Eugene Margolis. Esq

.. U.S. Department

ofEnergy. Office ofGeneral Coullsel. Mail Station GC-12. Room 68-128. FOTrestal Building. 1000 Independence Avenue. SW.• Washington. D.C. 20585. (202) 252-9513.
SUPPLEMENTARY INFORMATION: I. Introduction

a. Authority b. Buckground II. Discussion

a. General b. Summary ofSlate Petitions III. Environmental. Regulatory Impact. and Regulatory Flexibility Reviews

a. Environmental Review b. Regulatory Impact Review

c. Small Entity Impact Review IV. Public Comment Procedures

a. Participation in Ru\emakings b. Written Comment Procedures

c. Pub!tc Hearing

I.lntrociuction

D.

### Authority

Part B ofTitle 

## m ofthe Energy Policy and Conservation Act (EPCA). Pub. 

### L. 94-163. as amendedby the National Energy Conservation Policy Act (NECPA). Pub. L. 95-4319. 1 created the Energy Conservation Program for ConsumerProducts Other Than Automobiles. The consumerproducts subject to 

### this program (referred to hereafter as "covered products") are: refrigerators and refrigerator-freezers; freezers; dishwashers; clothes dryers;
waterheaters; room air conditioners; home heating equipment. not including furnaces; television sets; kitchen ranges and ovens; clothes washers; humidifiers and dehumidifiers; central air conditioners; and furnaces. as well as any other consumerproduct classified

as a covered productby the Secretary of Energy. ifthe product uses a specified minimum amount ofenergy. Section 322. The Secretary has not so classified any additional products.

Under the Act. the program consists essentially ofthree parts: testing.

IPart BofTitle III ofEPCA 8S amended by NECPA. 42 U.S.c.**629,~.** is referred to in this notice as the "Act".

### Federal Register 

# I Vol. 50, No. 101 

# I Friday, May 24, 1985 

# I Proposed Rules**2145~**

labeling. and energy efficiency standards.

For each ofthe covered products. DOEis required to establish energy efficiency standards that are designed to achieve the maximum improvement in
energyefficiency that 

### is technologically feasible and economicallyjustified. Section 325 (a}{1J and (c). TheAct provides. however, that no standard for

a product is to 

### be established 

### ifthere is

no test procedure for the product, or

### if DOE determines byru1e eitherthat a standard would nQt result in significant conservation ofenergy orthat a standard is not technologicany feasible

or economically justified. Section 325(b).

Section 327 ofthe Act addresses the effect ofFederal rules concerning testing, labeling and standards on State laws orregulations concerning such
matters. Generally. an such State laws

or reg'Jlations are superseded by the Federal rule. Section 327(a). A rule by DOE th,,! an effici;;ncy standllrd is not technologically feasible. economically justified, orlikely to save significant amoWlts ofenergy is a ru1e that supersedes any State standard. Section 325(b). 

### H. because there isnoFederal rule. a State efficiency standard is not superseded. persons subject to it may petitionDOE to have it superseded on the basis that there is no significant St;,te orlocal intE'Test sufficient to justify the regulation and such regulation unduly burdens interstate commerce. Section 327(b)(1). 

### A State whose energy efficiency standard is or would be superseded may petition the Department for a ru1e that it not be superseded, on the basis that there is a significant State

or local interest to Justify the standard and the State .tandardis a .tricter standard. However, DOE cannot iuue the requested ru1e ifthe State standard would Wlduly burden interstate

commerce. Section 327(b){3).



### b. Background

On December 22. 1982, DOEpubli&hed

a final rule in which DOE determined that energy efficiency standards for clothes dryers and kitchenranges and

ovens would notresult in a significant conservation ofenergy and would not be economicallyjustified. (47 FR 57198) (Referred to hereafter as the December 1982 rule). The December 1982 ru1e also establishedprocedures governing petitions to DOE. both by States to obtain exemption from preemption of State orlocal energy efficiency standards andby manufacturers to obtain exemption from State orlocal
energy efficiency standards.

Pursuant to the procedures establishedin the December 1982 rule, DOE received petitions from five States requesting. ineach case. thatthe State
energy efficiency standard requiring intermittent ignition devices (lIDs) for clothes dryers and/orkitchen ranges and ovens be exemptedfrom Federal preemption.DOE published proposed rules granting the five StatePetitions on August 1, 1983. (48 FR 34858) OnMarch 27.1984. DOE publishedfinal rules granting each State's petitionfor exemption ofState standards for clothes dryers and/orkitchenranges and ovens. (48 FR 11764)lI

OnAugust 30. 1983, DOE published a final rule with respect to refrigerators and refrigerator-freezers. freezers. water heaters. room 

### air conditioners. central air conditioners and furnaces. (4B 

### FR**~376)** (Referred to hereafter

### as the August 1983 rule). Foreach product. exceptcentral 

### airconditioners, 

### DOE determined that a standard would not result in a significant conservation of
energy and would not be economically justified. With respect to centrel air conditioners. DOE determined that an energy efficiency standard would result in a significantconservation ofenergy 

### but would not be economicallyjustified.

DOE received petitions from 26 States. requesting in each Case. that one or

more State orlocal energy efficiency standard pertainingto one ormore of

seven covered products be exempted from Federal preemption.' On August Ii. 1984. DOE proposed to amend § 430.33 to issue ru1es permitting each of the 26 States to maintain applicable standards pertaining to lID requirements for furnaces and kitchenranges and
ovens, and standards for refrigerators andrefrigeratorfreezers, freezers, water heaters, 

### room air conditioners. central air conditioners and furnaces, 49 FR 32944.



## n. Ditcussion



### a. General

Section 327(a)(2) ofthe Act provides L'lat any Federal standard applicable under section 325 supersedes anynonidentical State orlocal standard. Section 325(b) explicitly requires that a determinationby DOE that no Federal
energy efficiency standard for a particularproduct is warranted would

• The five Sialel are California.New York. Wiseonain. Minneeota and Oregon. Each State "'lUI granted IIIl exemption for its Slale .tandaM for kitchen rangetl and ovens. Wisconsin. Minneaota and Oregon alloMJagbt and werelTanted exemptioll for taeir .tandardtfor dotbesdryen.

• DOE receiHd petitiolll from: Ark.auu. Virginia. Florida. PeJUUly!vania. Wiaconsin. South Carolina. New Mexico. Georgia. Rhode bland. New Hampshire. Massachusetts. California. Oreaon. New York. Missouri. Texas. New Jersey. Winois. Utah. Iowa. West Virginia. Minnelota. Waahington. Kansa•. Hawaii and Tenneasee. also supersede any State or local energy efficiency standard. Section 327(b)[1). however. provides that a State may petition for. and DOE may issue. a rule exempting a State or local standard from Federal supersession.

Michigan and Hawaii have each petitioned the Department for a rule to allowthe State to maintain its applicable State energy efficiency standardsfor clothes dryers. wat!>f heaters, furnaces. and/orkitchen**rang~s** and ovens. Since Michigan's petition for clothes dryers. kitchen ranges and 0\'e115 and furnaces was not submitted within the 120 day time period as required by 10 eFR 430.41(b)(2}. the MichigAn standards for the products were super1ij!ded when the Department of Energy's standards for clothes dryers and kitchen ranges and ovens became effective on June 20, 1983. and for furnaces onFebruary 27, 1984. Supersession ofthese regulations will remain in effect unless DOE issues E final rule granting the petition. Similudy. Hawaii's waterheater standard with a:o effective date June 1. 1985. was filed afterthe 120 day period and is preempted unless DOE issues a final ru1e granting the petition.

Michigan and Hawaii have met the filing requirements of 10

## ern 430.44(b). The petitions have presented information which indicates that t::e applicable State regulations are n-.ore stringent than the Federal standard and that. in each case. there is a signifiGant State interest to justify the State regulations. DOEhas made a preliminary determination that. in each
case, there does not appear to be any Wldue burden oninterstate commerce resulting from the State'sregulations. Accordingly. DOE is proposing to amend § 430.33 to permit Michigan and Hawaii
to maintain applicable energ'i efficiency standards for clothes dryers. water heaters. furnaces and/or kitchen ranges and ovens.

With respect to DOE's final determinations on these petitions. the Department is extending to October 31, 1985. the period for action to either grant

or deny each petition. Section**327(bJ(~}** ofthe Act and § 430.48[a) ofDOE's regulations require the Department to take final action to either grant or deny

a petition within six months of the dllte it is filed. except that the Department may publish a notice in the Federal Register extending such period to a date certain. 

### Itis further required that such notice shall include the reasons for delay. DOEis extending the period for final action in these rulemakings to provide for the ninety day comment period required by § 430.43 of the

## 21452 Federal Register 

## I Vol. SO, No. 101 

## I Friday, May 24. 

### 1985 

## I Proposed Rules

regulatiohs and to allow for a substantive review of the comments during the comment period. which ends August 22, 1985.


### b. Summaryof StatePetitions
1. Michigan (MI033). The petition submitted b)' Michigan seeks a rule exempting from Federalpreemption section 125.1513a ofthe Michigan Compiled Laws and Part 10. section R408.31031 ofthe Michigan

- Administrative Code as they pertain to clothes dryers, furnaces with 

### aninput rating of225.000 Btu/hr. or less. and kitchen ranges andovens. The Michigan lawprohibits the installation ofnew appliances using a gaseous fuel (other than propane) that is not equippeqwith

an lID. Exempted from this requirement

are gas appliances installed in mobile or modular homes.

In its petition. Michigan states that its low is based on the fact that conservation is the "cheapest, most

secure andmost environmentally benign

source ofenergy for Michigan" and that conservation makes money available in the State for alternate purchases or investments in industrial productivity. Michigan also asserts that these regulations have been in

### effect since 1980 without complaints from appliance manufacturers and that retaining the Slate's requirements would not have any additional effects on the appliance market in Michigan.

DOE has revised Michigan's petition in accordance with the requirements of section 327(b)(3) ofthe Act and 1430.47 ofthe regulations. Based on its review. DOE has determined thatMichigan has presented prima facie evidence showing that section 125.1513a ofthe Michigan Compiled Laws and Part 10, section R408.31031. ofthe Michigan Administrative Code are more stringent than.DOE's rule for gas clothes dryers. .furnaces and kitchen ranges and ovens.
arejustified by a significant State interest. and do not appear to impose an undue burden on interstate commerce. Accordingly. DOE is proposing to issue

a rule amending 1430.33 exempting section 125.1513a ofthe Michigan Compiled Laws and Part 10. section R408.31031 ofthe Michigan Administrative Code from the preemptive provisions ofsection 327(a)(2) ofthe Act.



### 2. HawaIi'(HI034j. The petition submitted by Hawaii on September7. 1984. seeks a rule exempting from Federal preemption the State's Act 124 of 1984. which prohibits. afterJune 1, 1985. the sale or installation ofany water heater in the State that does not meet the energy efficiency standard of the American Society ofHeating, Refrigerating and Air Conditioning Engineers. Inc. (ASHRAE) as expressed in the current ASHRAE-90 Standard. ASHRAE Standard 9OA-1980 4

### specifies that electric waterheaters shallhave a stand-by loss not exceeding4watts per square foot oftank surface area and oil and gas-fired waterheaters shall have a recovery efficiency not less than 75 perfent and s stand-by loss percentage equal to the expression 2.3

## +67/V. where Vequals the rated volume in gallons. central air conditioners and furnaces would be within the range of0.8 to 1.6 quads peryear. The EA then analyed the environmental impacts of this change in energy use. DOE has evaluated the regulations ofthe States ofMichigan andHawaii.

The potential environmental impacts ofthese standards are related to the resultant savings in

### energy usage and improved indoorair quality. The resultant effect ofthese regulations on the energy efficiency ofeach ofthe products coveredfalls belowthat energy effiCiency level for the productsused by Hawaii believes that in

### the absence of standards. less expensive. inefficient applicances could bepurchased by

consumers. who are unaware oflife cycle costing. andby developers or others. who might benefit from minimizing initial costs.

DOE has reviewed Hawaii'S petition in accordance with the requirements of section 327(b)(3) ofthe Ar.t and 1430.47 of the regulations. Based on its review. DOE has determined that Hawaii has presented prima facie evidence showing that State Act 124 of1984 is more stringent than DOE's rule for water heaters. is justifiedby a significant State interest. and does not appearto impose

anundue burden on interstate

commerce. Accordingly. DOE is proposing to issue a rule amending DOE in performing its 1980 EA. The improvement to indoor air quality for these regulations will 

### be similar to that

• associated in the 1980EA for the two products, but will occur in 

### only the two States rather than nationally. Hence. environmental impacts for the energy savings end improved air quality associated with these State regulations

1430.33 exempting Act 124 of1984 from the preemptive provisions of section 327(a)(2) ofthe Act.

Ill. Environmental. Regulatory Impact, and Regulatory Flexibility Reviews



### a. 

### Em'ironmentaIReview

The Departmenthas prepared and issued an Environmental Assessment (EA) 

### (DOE/EA-0113) onthe impact of setting and implementing energy efficiency standards for all 13 types of

consumer products identified in section 322(a)(lH3) ofthe Act. A Finding ofNo Significant Impact (FONSI) and Notice ofAvailability ofthat EA were published with the June 30. 1980. proposed rule for minimum energy efficiency standards for eight ofthe products. (45 FR 44088) Copies ofthat EA/FONSl maybe obtained from the address indicated at the beginning of this notice.

The 1980 Environmental Assessment for the proposed energy efficiency standards estimated that the energy savings resulting from national standards for refrigerators and refrigerator-freezers. freezers. clothes dryers. waterheaters. room air conditioners. kitchenranges and ovens.

•Hawaii. in its earlier petition. sought exemption for ita waterheater Itandard. a. they related 10

newconstruction andrenovation. 

### for the twoproducts will be far below that which DOE estimated to result from national standards for eightproducts. Therefore. based on the findings of the 1980

### EA. DOEhad determined that granting the petitions ofthe States of Michigan and Hawaii clearly will not significantly affect the quality ofthe human environment·so that neither an environmental**as~,,;ssment** 

### nor an environmental impact statement is required.


### b. RegulatoryImpactReview

In 

### light ofthe foregoing analysis ofthe effect ofthe proposed actions. DOE has concluded that the rules are not "major rules" for purposes ofExecutive Order 12291 because they will not result in: {1} An 

### annual effect on the economy of$100 million or more; (2) a major increase in
costs or prices for consumers. individual industries. FederaL Stateo 

### orlocal government agencies. orgeographic regions; or (3) Significant adverse effects

on competition. employment. investment. productivity. innovation. or
on the ability ofUnited States-based enterprises to compete with foreignbased enterprises in domestic or export markets. Therefore. in accordance with section 3(c)(3) ofthe Executive Order. which applies to rules otherthan major rules. the proposedrules were submitted
to OMB for review without a regulatory impact analysis.



### c. SmallEntityImpactReview

In

### light ofthe foregoing. the Department has determined and hereby certifies pursuant to sectionB05(b) ofthe Regulatory Flexibility Act that the proposals. ifpromulgated. will not have

a "significant economic impact on a .

### Federal Register 

## I Vol. SO. No. 101 

## I Friday. May 24. 1985 

## I Proposed Rules 

### 21453

substantial number ofsmall entities". The Impacts 

### on small businesses which

are applicance manufacturers, were assessed very closely in the eight products rulemakings and were onsidered together with otherrelevant factors in conducting DOE's analysis of these petitions. For purposes of 

### assessing these impacts. the term "small business" was defined in 

### consultation with the Small Business Administration.

IV. Public CommentProcedures

a. Participation inRulemakings



### DOE encourages the maximum level ofpublic participation in these rulemakings.

Individual consumers, representatives ofconsumergroups. manufacturers' associations. States or other governmental entities. untilities. retailers. distributors. manufacturers. and others are urged to submit 'written
statements on the proposals. The**Dep~:iment** 

### also encourages interested persons to 

### participate in the public hearing to be held in 

### Washington, D.C

.. at the time and place indicated at the beginning (If

### this notice.

Ct'pies ofthepetitions are available for review in the DOE Freedom of Information Reading Room. Interested persons may obtain copies ofthese documents bywriting to the DOE Freedom ofInformation Re2:!ing Roor;;
al 

### the address .pacifled at the begilming ofthis notice. Such persons are advised
to contact the DOE Freedom of Information Reading Room in advance ofsuch requests to determine if

### there will be any charges associated v.ith satisfying their request.

DOE has established a comment period of90 

### days following publication ofthis notice, for persons to submit written comments on these proposals. All written comments and the transcript ofthe public hearing will 

### be available for review in the DOE Freedom of Information Reading Room. Interested persons may obtain copies ofany of these documents by writing to the DOE Freedon ofInformation Reading Room at the address specified at the beginning of this notice. Such persons are advised to contact the DOE Freedom ofInformation Reading Room in advance ofsuch requests to determine ifthere will be any changes associated with satisfying their request. Also. persons interested in obtaining a copy ofthe transcript from the public hearing have the option of purchasing it directly from the transcribing reporter for the public hearing. The identity ofthe transcribing reporter for the public hearing may be determined by contacting the person in the DOE Conservation and Renewable Energy Office ofHearings and Dockets whose address. and telephone number appear at the beginning ofthis notice.

h. Written CommentProcedures



### Interested persons are invited to participate in these proceedings by submitting written data. views or arguments with respect to the subjects
set forth in this notice. Instructions for submitting written comments are set forth at the beginning ofthis notice and below. Comments on the petition should be labeled both on the envelope and on the documents "Appliances (Docket No. CE-CP-SPRM-[Appropriate State Code]). All written comments must be received by the date specified at the beginning ofthis notice in 

### order to insure full 

### consideration. Five (5) 

### copies

are requested to be submitted. This is
not a requirement. however. in order to submit comments. five copies are requested to permit timely review ofthe comments received on this matter. 

### All
comments received by the date specified
at the beginning ofthis notice and other relevant information

....

### illbe considered by DOE before final action is taken on the proposed rule.

Pursuant to the provisions oflO CFR 1004.11. 

### any person submitting information or data which isbelieved to be confidential and exempt by law from public disclosure. should submit one cYP-'lI",[e copy 

### ofthe document. and if pos;;;blc. 5 copies from which the information believed to be confidential has been deleted. DOE will make its

own determination with regard to the confidential status ofthe information or deta and treat it 

### according to its determination.

Factors ofinterest to DOE. when evaluating requests for confidentiality include: (1) 

### A description ofthe item; (2)



### an indication as to whether and why such items ofinformation have been treated by the submitting party as confidential within the industry; (3) whether the information is generally known or available from other sources; (4) 

### whether the information has previously been made available to others without obligation concerning its confidentialit:l'; (5) 

### an explanation of the competitive injury which would result from public disclosure; (6) an indication as to when such information might lose its confidential character due to the passage oftime; and (7) 

### whether disclosure ofthe information would be in the public interest.



### c. PublicHearing



### 1. Procedure for Submitting Requests to Speak. In order to have the benefit of

a broad range ofpublic viewpoints in these rulemakings. DOE will hold a public hearing. Listed at the**beginn;r.~** 

### uf this notice are the date. addresses. and DOE contacts for the hearing. Any person who has an interest in these proceedings. orwho in a representali'.E' ofa group orclass ofpersons having en interest. may submit a written request for an opportunity to make an oral presentation at the public hearing. Such requests should be labeled both on the 

### letterand the envelope. "Appliances: Petitions for Exemption from Preemplio'-'1 ofStateEfficiency Standards (Docket No. CE-CP-SPRM-[Appropriate State

.Code))" and should be sent to the proper

address and must be received by the time specified at the beginning ofthis notice.

The person making the request should briefly describe the interest concerned and give a telephone number where he



### or she may be contacted. Each person requesting an opportunity to speak should give a concise summary ofthe propobed ora) presentation.

Z. 

### Selection of Speakers. DOE



### reserves the right to select the persons to be heard at the hearing. and to schedule the respective**pre~entations.** 

### DOE will endeavor to afford all persons who request to speak an opportunity to be heard. However. in the event that

more persons request to speak at the hearing than time permits to be heard. DOE mlly

### refuse some perSOnF an 

### oppor:·.mity to :neke a 

### sc:-:c-c1uJed presentation. (DOE may. for example, select only one person to speak on behalfofa given group or organization for which two or more representatives have requested to speak). The length of each presentation will be limlced to 20 

### minutes. Scheduled speakers will be so notified by DOE.

Speakers are requested to submit 10 

### copies oftheir statement by 

### the date given at the beginning ofthis notice; however. this is not a requirement for making an oral presentation lit a hearing. Ten copies are requested to be submitted in advance ofthe hearings i:1 

### order that they may be distributed to th/' DOE officials who will be serving on the 

### panel at the hearing for review prior to the hearing itself and so that they may be made available to persons attending the hearing. In the event any person wishing to testify cannot meet ihis requirement, alternative arrangemems
can be made in advance with the Office ofHearings and Dockets by so indicating in the letterrequesting to make an oralpresentation.

3. Conduct ofHearing. A DOE official**~ill** 

### be designated to preside at the hearing. The hearing will not be a judicia) or evidentiary-type hearing, hI 

### will be conducted in accordance wiih 5

## •

21454 Federal Register 

## I Vol. 50, No. 101 

## I Friday, May 24. 1985 

## I Proposed Rules

U.S.C

## ssa and aection 336{a)(1) ofthe Act. At the conclusion ofall initial oral
statements.eachperson whohas made

an oral statementwill begiven the

. opportunity

### to make a rebuttal

atatement.eubjectto timelimitations. The rebuttal atatements willbe given in the order inwhich the initial statements

were made. The offlcial conducting the hearing will acceptadditional comments

or

### que.stiODll from those attending. as time

### permits. Anyinterested person may submit to thepresiding offici,,) written questiOll8 

### to be

.. ked 

### ofany

### person makins

### e atatement at the hearing. The presiding official 

### will determine whether the question isrelevant and whether time limitations permit it to 

### be preaented for answer.



### Anyfurther procedural rules regarding
proper conduct ofthehearingwill be announced by the presiding official.

List 

## or Subjects in 10

## ern Pari 410

Administrative practice and procedure. Energy conservation, Household appliances.

In consideration of the foregoing. 

### itis proposed to amend Part430 ofChapter U ofTitle 10, Code ofFederal Regulations. as set forth below.

Issued inWashington.D.C., May 3.1985. Donna R. f'"ttzpatrick, ActingAssistantSecretary. CoT/bf'n-alion and RenewableEnergy.

PART 43O-ENERGY CONSERVATION PROGRAMS FOR CONSUMER PRODUCTS

1. The authority citation for Part 430 continues to read 

### as follows:

Authority: Sec. 327(b)(3). Pub. L 94-163.89 Stat. 917. as amended by Pub. L 9lHl19. 92 Slot. 3266. 42 U.s.C. 829(b)(3).

2. Section430.33 is amended by adding new paragraphs (a)(6). (b)(4). (e)(25) and (h)(26) to read asfollows:

§ 430.33 Pr.emptlon of State regulations.

(a) Kitchen Ranges and Ovens: 

### " 

# .. (6) Section 125.1513a ofthe Michigan 

### Complied Laws and Part 10. section R408.31031 ofthe Michigan Administrative Code pertaining to gas kitchenranges and ovens that are covered products. are exempt from preemption.

(b) Clothes Dryers



# .. (4) Section 125.1513a oftheMichigan Compiled Laws and Part 10. spclion R408.31031 ofthe Michigan Adminmi&trative Codepertaining togas dothersdryel'l thatare covered products. are exemptfrom preemption. 

## • 

## • • 

## • •

(e) WaterHeaters



# .. .. 

# .. .. 

# ..

(25) Act 124 of 1984by the State 

### of Hawaii pertaining 

### to waterheaters that

are coveredproducts. 

### itexempt from preemption. 

## • 

## •••

(h) Furnaces



# .. (26) Section 125.1513a oftheMichigan CompiledLaws andPart 10, section R408.31031 ofthe Michigan Administrative Codepertaining to gas furnaces that the coveredproducts. are exempt from preemption.



# .. • 

# .. IFR Doc. 85-12343 Filed 5-Z3-85; 8:45 am)

BILLING CODE 1450-01-111

FEDERAL TRADE COMMISSION

16 CFR Part 443

Health Spas Trade Regulation Rule Proceeding

AGENCY: Federal Trade Commission.

AcnON: Extension oftime for ruing
commr:-:ts on staff report and**p~esiding** officer's reporL

SUMMARY: The Federal Trade Commission is seekingpubliccomment

on the StaffReport, filed January 22. 1985 and the Presiding Officer'S Report. filed May4. 1979 in the Health Spas Trade Regulation Rule proceeding. The time for filing comments ishereby extended from May 24. 1985 toJune 7. 1985.

DATE: V.'ritten comments on the reports will be accepted by the Commission until June 1, 1985.

ADDRESSES: Written comments should be sent to: Presiding OfficerJames P. Greenan.Federal Trade Commission. 6th Street and Pennsylvania Avenue. NW. Washington, DC 20580.

FOR FUl'ITHER INFOP.MATION CONTACT: Walter Gross. Attorney, Bureau of Consumer Protection, FederalTrade Commission, 6th Street and Pennsylvani.a Avenue. NW. Washington. DC 20580; telephone 202-523-3826.

SUPPLEMENTARY INFORMATION! 

### By Federal Register notice ofMarch 25, 1985 (SO FR 11709) the Federal Trade Commission extended the period for filing "Tittencommenton the Spas TradE? Rpgulation Rule Proceeding (PubiC Record 215-50). The comment period was to end on May 24. 1985. In granting the Motion ofone ofthe participants in the rulemaking proceedingforextensioon oftime within which 

### to file comments. the Presiding Officer

### has extended the comment period for an additional 14 days. June 7. 1985 is the date set by which time
comments shouldbe received.

Issued: May 17. 1985. 'amesP.Greenan. Presiding Officer. (FR Doc. 65-12547Filed 5-23-85: 8:45 amI

.ILUNG CODE .7SII-G'-III

DEPARTMENT OF ENERGY

Federal**Energ~** Regulatory Commission

18 CFR Part 271

(Docket No. RM79-76-107 (Kansal-1)1

High-Cost Gas Produced From Tight Formations; Kansas; Order Remanding ,Jurisdictional Agency Recommendation for Tight Formation Designation

Issued: May 2Z. 1985.

AGENCY: Federal Energy Regulatory Cef!'.r!1: ssion DOE.

ACTION: Orderremanding recommendation.

SUMMARY: Under section 107lc)(5j of tht: Natural Gas PolicyAct of 1978, the Federal Energy Regulatory Commission designates certain types ofnatural gas

as high-cost gas. High-cost gas is produced under conditions which present extraordinary**risk~** or costs lind

once designated may receive an incentive price. Under section 10i(c)(5). the Commission issued a rule designating natural gas produced from tight formations as high-cost 

### gas. Jurisdictional agencies may submit recommendations of areas fer designation as tight formations. Here**th~** Federal Energy Regulatory Commission remands the recommer.datioi, of**1~(** Kansas CorporationCommission that the Niobrara Formationunderlying Cheyenne. Rawlings. Sherman and Thomas Counties be desig!1ated as a tight formation under § 271.703[01.

OAT£: 

### This order

### is effective May 22. 1985.

FOR FURTHER INFOFlMATlON CONTACT:
ElisabethPendley, (202) 357-8476

or C.W. Gray, Jr

.. (202) 357-8731