## CSA-RM-78-110 COMMENT 01

BOOK P i1C;ES 1-298

t el b,.JK 2 PAGES



## K3: PAGES 748 

# BOOK 1 OF 3 BOOKS TUESDAY

, JAN UARY 2, 19 7 9

[6450-01-M]
DEPARTMENT OF ENERGY

Office of Etorgy Conservation and Solar

Applications
(10 CFR Pore 430]

ENERGY CONSERVATION PROGRAM FOR

CONSUMER PROOUCtS

Adv ance Notice of Proposed Rulemaking and Notice of Public Meetings Regarding Energy Efficiency Standards far Nine Types of Cansuost Products 

### AGENCY: Department of Energy. ACTION: Advance Notice of Proposed Rulemaking and Notice of Public Meetings.
SUMMARY: The Energy Policy and Conservation . Act. as amended by the National Energy Conservation Policy Act, requires that the Department of Energy prescribe energy efficiency standards for nine types of consumer products no later than December 1980. The purpose of this advance notice of proposed rulemaking and notice of public meetings is to facilitate the gathering or information prior to proposing the standards. Therefore, this notice is designed to familiarize the public with the standards program as presently envisioned. and to tnv to the public 's review and comments.

DATES: Written comments in response to this notice to be flied by 4:30 p.m. March 5. '1979. Requests to speak at the public meetings to be received by 4:30 p.m., local time. January 19. 1979 . Speakers to be notified by 4:30 p.m... local time, January 24. 1979. 

### Meetings to be held on the following dates and times: January 26. 1979. 9:00 a .m., Washington,. D.C. 

### January 26. 1979, 9:00 a .m., Boston, Massachusetts. January 31. 1979, 9:00 a .m., Chicago. Minois.

## CSA-RM-78-110 COMMENT 01



# -50

February 2, 1979, 9:O0 a .m.. Atlanta,Georgia

### February 6, 1979, 9-00 a.m.. Dallas, Texas. February 8, 1979, 9:00 a-m- San Francisco. California.
ADDRESSES: Comments on the document to., U.S. Department of Energy. Con. stoner Products Efficiency Branch. Room 2248 . CSA-RM-78-110. 20Massachusetts Avenue. N.W., Washington, D

. C. 20461 ( 202) 376-4814- Requests to speak at the Washing. ton. D

. C.. meeting : U.S. Department of Energy , ATIN: Margaret Sibley, CSA-RM-78-110, Federal Building, Room 5324. Washington

, D.C. 20461 (202) 633-8608. - Requests to speak at the Boston, Massachusetts meeting: U.S. Depart• ment of Energy , ATTN: Roberta Walsh , Analex Bldg. Room 700. 150 Causeway Street . Boston. Massachusetts. 02114 (617) 22:1-0504 (FTS) 223-0504. Requests to speak at the Chicago; Illinois meeting : U.S. Department of Energy , ATTN: Ken Johnson. 175 West Jackson Boulevard , Room A333, Chicago

, Illinois 60604 (312) 353-,0650 ( Fl'S) 353-0650. 

### Requests to speak at the Atlanta, Georgia meeting : U.S. Department of Energy , ATTN: Roy Pettit, 1655 Peachtree Street, N.E., Atlanta. Georgia 30309 ( 404) 881-2838 (FTS) 257-2838. Requests to speak at the Dallas, Texas meeting : U.S. Department of Energy , ATTN: Grace Morrison. P.O. Box 35228 . 2626 West Mockinbird Lane Dallas, Texas 752 35 (214) 749-7621 (F:'S) 749-7621. Requests to speak at the San Francisco , California meeting : U.S. Department of Energy, ATTIC Dennis Wong , 111 Pine Street, Third Floor. San Francisco . Ca if ornia 94.111 (415) 556-7216 (415) 556-7216. Meeting locations: 2000 M Street.N.W., Washington. D.C.; JFK Federal Building, CGoverrunent Center. Boston . Massachusettrs: Klutz nski Federal Building. 220 South Dear.born Street. Chicago. Illinois: the Atlanta Civic Center, 395 Piedmont Avenue . N.E_, Atlanta. C-eorgia: EarlCabell Federal Building. 1100 Commerce Street , Dallas, Texas, Ryatt Regency Union Square. 345 Stockton Street , San Francisco.: Califor ia. 

### FOR FURTHER 1''4 FORMATION CONTACT:

James A. Smith . U.S Department of Energy , Office of Cansercation and Solar A

.ppllcaUona , Division of Buildings and Community Systems. Consvsaer Products Efficiency Branch

, Room 20 hu

## OPOSED RULES

setts Avenue , N.W.. Washington, D.C. 20545 (202) 376-4614. Mary-Lynn Wrabel (Media Contact Only), U.S. Department of Energy,Office of Conservation and Solar Applications . Division of Buildings and Community Systems. Technology & Information Transfer Branch, Mail Stop 2221-C. 20 Massachusetts Avenue. N.W., Washington, D.C. 20545(202)376-4669. 'William J. Dennison, U.S. Depart. ment of Energy, Office of General Counsel, 12th and Pennsylvania Avenue, N.W., Room 7148, Washing. ton, D.C. 20461 ( 202) 633-8788.


### CONSUMER INFORMATION TELEPHONE NUMBERS: (202) 376-5924; ( 800) 424-5168.

SUPPLEMENTARY INFORMATION:
L Introduction A. Planned Regulatory Action B. Purpose and Scope of This Notice - IL Legislativ e Framework A. Background B. Erterty Efficiency Standards C. Implementation Process D. Planned Phase -in of Standards III. Product Types, Likely Product Classes and Tentative Determinations ConcernIng the Maximum Technologically Feasible Energy Efficiency Levels A. Definitions b. Tentative Determinations of the Maximum Technologically Feasible Energy Efficiency Level C. Criteria for Selection of Classes D. Method of Specifying Minimum Energy E. Project Class RationaleIV. Development of Proposed Energy Efficiency Standards ' A. Approach 8. Components C. Questions D. Statement of Confidentiality V. Enforcement VI. Consumer Participation VTi. Environmental Impact Analysis VIII. Comments on Issues IX. Comment Procedur-es X. Oral Presentation: Conduct of Meetings

I. IFTRODIICTION

A. PLLT. V= REG'CLATORT ACTION

Section 325 of the Energy Policy and Conservation Act (Act) (Pub. L. 94_ 163). as amended by section 422 of the National Energy Conservation PolicyAct (h---CPA) (Pub. L. 95-6191, requires that the Department of Energy (DOE) prescribe energy efficiency standards for the types of consumer products listed in section 322(a) of the Act. These consumer products are sometimes referred to as "covered products." Standard s for nine of these product types are required by section 325. as amended. to be published in the ?me ntal. REGtsTER no later than,Umber 1980. The nine types of ccmsumer products include refrigerators and refrigerator-freezers, freezers. clothes dryers, water heaters, room air conditioners

, home heating equipment (not including furnaces), kitchen
ranges and ovens, central air conditioners, and furnaces. Standards fordishwashers, televisions. clothes r'hers, humidifiers, and dehumidifie.required to be published in the T.-DERAL REGISTER no later than November 1981. The Act defines energy efficiency standards as performance standards. which means that they will establish the minimum energy efficiency level required to be achieved by each unit of a covered product type or class, but will not prescribe the methods. ' designs

. processes , or materials to be used to achieve any particular efficiency level . The standards will apply only to new products manufactured after the effective date of the standards.

S. PURPOSE AND SCOPE OF THIS NOTICE
Section 325(1), as amended , requires DOE, as the first step In establishing standards , to publish this advance notice of proposed rulemaking which is required to specify the type or class of covered products to which a standard is likely to apply , and to invite comments from interested persons relevant to establishing the energy efficiency standards . The primary purpose of this notice is to facilitate the gathering of information prior to proposing standards . The notice provides an opportunity for public comr^mnt and participation in the early Ala. ..g stages of the standards development
process

. DOE expects that the comments received as a result of tht notice will provide a major portion o: the informatiotal base from which the standards W ill be proposed. Accordingly, this notice is designec to present an extensive discussion o DOE's current views concerning the standards program and the process fa: imple mentation. Ensuing sections des with the legislative background. th, standards implementation process. t1 phase -in period for standards. the de velopment of proposed standards, Misting of the product types and classe to which standards are likely to app: DOE's present views regarding the CT' tens for classes and the maxlmur. technologically feasible efficiency fc each class of products, and a reques for comments on various standard:-r, fated issues. Interested persons are invited to prc vide views, written presentations c data, and arguments relevant to ants,, Lisping energy efficiency standards. I addition. interested persons are e. coulaged to provide alternative pr(
grarnmatic approaches within tiframework of the legislation.

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## CSA-RM-78-110 COMMENT 01

LL. L== .Arm oRx

A. EACSGROU14D
The energy conservation program f improving the efficiency of cons dr products. Title III. Part B of the Act. is designed to encourage man. ufacturers to,produee

, and consumersto purchase. significantly more efficient consumer products. The Act sets forth two interrelated strategies foraccomplishing this objective: to require manufacturers to Produce moreefficient products and to enhance consumer acceptance of more efficient products. The first strategy, as contained Insection 325 of the Act prior to amendment by NECPA in November 1978. originally called for the promulgation of voluntary efficiency improvementtargets representing aggregate industry levels of efficiency improvement to be achieved by 1980. As an incentive for the industry to reach these targets, a reporting and monitoring system was to be established by DOE in order to track industry progress. In the eventthat achievement of a target for a particular product appeared unlikely, DOE would have been required to i-litiate an administrative proceeding toprescribe a mandatory minimum efficiency standard for the `product in question. 

### In the National Energy Plan proposed by the President in April 1977,

0. 

### PROPOSED RULES

the voluntary target program was tobe replaced with a mandatory minimum efficiency standards program because of the voluntary nature of the targets and the long delays in estab- . fishing standards if the target levels were -not achieved. Section 422 of NECPA amends section 325 of the Act to provide for a program similar to themandatory standards program requested by the President in the National Energy Plan. The second strategy, contained insection 324 of the Act, as amended, involves development of a labeling program to require that manufacturers label

.each covered product with
energy

. consumption information to assist consumers in making purchasingdecisions. The Federal Trade Commission (FTC) has the responsibility fordeveloping labeling rules and administering the labeling program. In conjunction with issuance of the labeling rules.. section 337 of the Act requires requires DOE to develop aconsumer education program to enhance consumer awareness of thelabels and create a better understanding of the information provided on the labels . This is intended to encourage comparison shopping and to enhanceconsumer demand for the more efficient products. As a consequence. It is anticipated that manufacturers will beinfluenced to expedite efficiency tinprovements for their various product lines to meet market demand. ai

In order to support these dual strategies , section 323 of the Act mandates that DOE develop test procedures for the determination of estimated annual operating costs and at least one other measure of energy consumption for each covered product which will assistconsumers in making purchasing decisions . Testing by manufacturers in accordance with these test procedures will serve as a basis for: (1) the energy cost and consumption information that will be required to be included on product labels under the FTC labeling program and (2) representations by manufacturers regarding the energy consumption of their products. Also. measurements of efficiency which are derived from the test procedures will be used as the basis for energy efficiency standards. Manufacturers will be required to establish that their products are in conformance with the standards by testing in accordance with test procedures. Further, the compliance of individual units with the standards will be determined by using these procedures . DOE has prescribed final test procedures for the covered products listed in Table I.DOE has made a tentative determination to include heat pumps as a class of central air conditioners and plans to propose test procedures for heat pumps on March 9. 1979 . In accordance with section 325(1), as amended.within 30 days after these test procedures are final'an advance notice of proposed rulemaking for heat pump standards will be issued.

Tnatz I.- Federal Register Citationf or Test Procedures

Covered product type proposed.

1. Refrigerators

. refrigerator -freee. (42 FR 21576, Apr. 27. 1977)

en.

under the definitions but which when tested reflect i naccurate efficiencies. DOE intends to propose in the near future procedural guidelin es relating to the modification of test procedures. Preeoers 442 FR 21516

. Apr. 27 , 1977)._,. ( 42 FR 46140
, Sept 14. 1977) 3. Dishwashers ( 42 FR 15423

. Mar, 22, 1977 ) ._,-.-,.,_.- ( 42 FR 39964

. Aug. 8. 19771 4. Clothes dryers.........._..._..._,-.,,.m.._. 1142 FR 215 : 6. Apr . 27, 1917).. (42 FR 45140. Sept . 14. 1977) 5. Water he$ters ...........w.._.. (42 FR 21576 . Apr. 27. 1977).__ _... ^,,..,. .... (42 FR 54110 . Oct. 4. 1977) 6. Room air corditioners .._._-..._._.„-. ( 41 FR 31231 . July 27, 1918) ......._......_....„.,._ ............._-. 1142 .11121996- Zunt 1. 1971, 7. Home heating equipment . ( 42 FR 23860

. May 1L 19:7) (unveoted ) 1142 FR 43930. Aug. 31, 1917 ) (43 FR 10108. May 10. 1978) (vented). '0. Telev4sion sets ..._...-.....-.... (42 FR 21576. Apr. 2-..: 9^,7)..._....___....._ (42 FR 46140. Sept. 14. )977) 9. ltitchen ranges and eve.-vs ._..._..».._ ( 42 FR 30621

. June 16. 1977) 11 42 FR 633'6, De,_ 30 , 7971)..._..,.. (43 FR 10(08 May 10. 1978) t0. Clothes a^uhe;s...._ ................._...__- (42 7 .0, 25329 . May 1?. iS")...._.._,..._._ _.__._ (42 'R 499901. Sept. 28.:9-7) It. Humidifiers ono 0enum ;7::ers...__ (42 FR 2: 941. June 1. :5"1)...._._._...._...__742 FR 55599. Oct. 18. 79771 12. Centro) air cord) tioners (42 FR 20401. June 14. 1977; ........... ..........._._._....._....._...«.._............................. (42 FR 3151 :Nov. 25.:3-7) 13. Furnaces .. ._ : 42 FR 40826 . Aug. i1. 79771 -_... (43 FR 20108- May 10, 1378)

Test procedure design must be f"iexible enough to allow for technological variation among different product lines within a product type. yet standardized enough to assure that differ. ent manufacturers' product lines will be subject to the same measurement criteria in order to Provide comparable

measures of energy efficiency. DOE is aware that new products or designs will be developed which (1) do not failunder the product test procedure definitions (10 CF R

. 430.2) or (2) do fall S. 1LSYE$GY =77CIENCT STANDARDS
The Act, as amended, i requires that standards be prescribed for the types of consumer products listed in section 322(a). However. section 325 (8) requires that priority be given to the (42 FR 46140

, Sept . it 1977)

nine product types listed earlier in this notice. The remaining product types. (dishwashers. television sets. ililrers. dehumidifiers, and clothes washers) Will be the subject of a separate advance notice which is required b:; section 325 to be published no later

'Subsequent references to the "Act" and se^-dons of the Act refer to the Energy Policy and Conservation Act as amended by NECPA

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## CSA-RM-78-110 COMMENT 01

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than November 1979. The Act also per. mits DOE to prescribe standards forother products which meet certaiocriteria stated in section 325(aX2). A list of such products which DOE considersmay be subject to standards is required to be published no later than November 1980, but may be revised thereafter. The standards Prescribed. includingany intermediate standards, are required by section 325(c) to be designed so as to achieve the maximum improvement in energy efficiency which is technologically feasible and economically justified. Under that subsection, however
, no standard can be preYor a particular type or class of covered product if (1) there is no DOE test procedure for the type or class: or(2) DOE determines, by rule, that establishment of a standard for the particular type or cla ss would not result tu significant conservation of energy or Is' not technologically feasible or coonomically j ustified. 

### Section 325 ( d) provides that before DOE determines whether a standard is economically justified, it must firstsolicit comments on a proposed standard. After receiving comments on the proposal. DOE must then determine that the benefits of the standard exceed its burdens based, to the greatest extent practicable, on a weighing of the following seven factors (1) The economic impact of the standard on the manufacturers and on the consumers of the products subject to such standard. (2) The savings in operating casts throughout the estimated average life of the covered products in the type (orclass ), compared to any increase in the price of, or in the initial charges for,or maintenance expenses of. the covered produc ts which are likely to :result from the imposition of the standard, (3) The total pnjr-ted amount of

enerr 7 swr.Oga Wrety to resuit directly f : the Lm.- :oc of the standard, (4) Any )..mg of the lity orthe performance of the covered prod6'scts likely to re'A1lt L r= the i ' - W n of the etandard. (5) The impact of any lea enins of competition determined in writing by the Attorney General that is likely to result from the Imposition of the standard. 

### (6) The need of the N ation to conserve energy, and (7) Any other factors which DOE considers relevant. Section 325(f) provides that mini. mum energy efficiency "levels do not have to be identical for all produc.ss within a type or class. Products that consume different kinds of energy (oil. natural gas, electnclty, etc.) or thathave a capacity or other performancerelated feature different from other 

## PROPOSED RULES

products within the same type or class can be required to have higher orlower energy efficiency levels. For example, different minimum energy efficiency levels could be prescribed for gas and electric water heaters or for manual and automatic defrost ref rig.
erator- freezers. Section 325 ( e) provides that manufacturers having annual gross revenues of less than $8,000,000 (within the meaning of that subsection) may apply to DOE for exemption for up to24 months from any standards requirement. This authority may not be exercised unless DOE
, after obtaining the written views of the Attorney General, determines that failure to allow the exemption would , likely result in a lessening of competition. Other provisions provide for (1) a review of test procedures within three years of NECPA enactment
, section 323(a)(7); (2) reevaluation of the standards within five years of pre. scription

, section 325 ( h): (3) supersession of state energy efficiency regulations under conditions and proceduresspecified in section 327; and (4) authority to use power otherwise availa. ble to collect information relating to the economic impact of compliance with proposed standards requirements, section 326(d). 

### Section 325 (j) of the Act provides for standards to include any requirements on manufacturers which DOE deter. mines are necessary to assure that each covered product to which a standard applies meets the required minimum energy efficiency level. DOEexpects such provisions to include testing and submission of information toDOE before a munufacturer introduces products into commerce.Section 333 provides that any persons who knowingly violate any provi.sion of section 332 (which lists prohibited acts) shall be subject to civil penalties. Other enforcement-rested provi. sions provide for. (1) DOE to prescribe

ruses rrequ::

ng aamn u iaccurers to al ow Dom to oaaerye and inspect results oft-mnc t Iuctdd by the manufacturer or his agent

.. section 334 bX5): (2) the -=oufacturer to supply to DOE a reasonable number of products for testing pure ses. section 325(b); (3)the ma ufacturer to submit information or reports necessary to insurecompliance. section 326(d); and (4) injunctive relief against any prohibitedact. including distribution of noncomplyin g products
, section 334.

C. r AC?tJ29=iTAT101q PROCESS

Section 325 ( 1) outlines the processby which the standards are to be prescribed. ' ^ his process is substantially different from that followed in the target program in one Important respect. Section 325 ( 1)(3) requires DOE to Identify, in the proposed rule, the maximum technologically feasible level of efficiency for each type (or class ) of product, and if any proposer' standard is not designed to achie'this level, to state the reasons for proposing a different level as the standard. In anticipation of this requirementand to facilitate the gathering of relevant information, DOE is providing a detailed discussion . in this notice of product classes

, levels of efficiency and analytical concepts, and further, is holding a series of public meetings following publication of this notice in order to familiarize the public with this standard setting program and to achieve the highest possible degree of public awareness , involvement and
comment. Based upon comments received from this notice and information otherwise available , DOE will issue a notice proposing standards for the nine types of products . The proposal is scheduled to be issued in October 1979. That notice will provide DOE's determination of the maximum technologically feasible level of efficiency for each type (or class ) of products

, and if the standards proposed are not the maximum technologically feasible level of efficiency, the notice will state, as required by section 325 (f), the reasons why the proposed standards are different. In addition. that notice is expected to propose a program for assuring compliance with the standards . A 60-d• public comment period and a series public hearings will follow. After the public hearings. review and analysis of the continents. survey data, and other information will begin. Final standards are required to be issued no later than December 1980.The final rule will contain the standards and is expected also to containcompliance requirements. Under section 325(.), the standards may not become effective earlier than 130 days after publication of the fin®.i ride in the -'1xaatAL Rs rsTER.

a. PEA"= PSASS

- ti OP r

. aTDsADa

C.ve^ion 325 ( c) allows for the phaatog-in of stand ards over a period of onto fire years through the establishment of intermediate standards. Useof the full five-year perioc for establishing final standards will provideteanuf3cturers with the greatest possible pia.nning and development time. and thus it would appear that they would be better able to meet higher final standards than might otherwise be the case were a shorter penod adopted.DOE's tentative planning is to utilize the full phase-in period and to prescihe standards which are to be achieved by December 1985. To assure that manufacturers make steady p*

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### gees toward the 1985 standards, inter- In compliance with an energy efficien. mediate standards are planned for June 1981 and December 1983. in June 1981, six months after standards are promulgated, the fist intermediate ndards would become effective.t .ese standards would take Into account the short lead time that manufacturers will have to make design changes . Intermediate standards for December 1983 would be higher be' cause those standards would have 

### published for a pe riod of three If this alternative is followed, DOE will Identify in the proposed rrale , for each class. minimum energy efficiency levels for each of the years ( 1981, 1983
, 1985).

one alternative to this p in strategy would be to set a 1981 standard and only one additional standard,. the final standard, which would become effective sometime - before 1995 . Since under this approach manufacturers would have less time toachieve compliance with a final standard, this approach Lacks the flexibility of the first one and could result in lower standards. 

### Another option whkh DOE is exploring would be to have differentphase-in periods for the various prodtact types or classes

. This alternative might permit maximum efficiency levels to be reached over shorter time periods

, but DOE does not have sufficient information about the efficiency improvement possibilities for individual types and classes of products to con- -Jer this approach at this time.

'-.iL PaoDOcr TYxEs. LIz m Paomrcr CLASsts ARD Tm;' rATIVE DLrm fix - TIONS CONMU NG ME MAXIXVX T NOLOGICAZLY FEASSBLF E7arRGY Eniclx xc! LsvEZs

. A. D£FLW1nONS
For purposes of this notice: "Energy efficiency standard" means a performance standard (as opposed to a design ranaard) which prescribes far each wit 12 a covere d vroducs a sninitnum energy efficiency level. Energy efficiency standards include test procedures prescribed in 10 CPRPart 430, Subpart B, and any requirements on manufacturers which DOE determines are necessary to assure that each covered product to which a standard applies meets the requiredmit-!r„ um energy efficiency level specitled in the Stanaard.. Mi'nimum energy efficiency lever" =mmns the -n=-et-nm value of the measure of efficiency (i.e., energy factor, energy efficiency ratio . seasonal energy efficiency ratio. annual fuel utilization efficiency, defined andmeasured accari g to DOE test procedures in 10 C17. Part e.30. Subpar,B). which each unit of a covered product must meet or exceed in order to be 

### cy standard. "Type" of covered products means one of the categories of consumer products designated in section 322(a) of the Act. For example, freezers are a type of covered product. 

### Class" of covered products means agroup of covered products, the functions or intended uses of which are similar. A class of covered products is subject to a single energy efficiencystandard. Such standard may prescribe either • the same minimum energy efficiency level for all of the basic models of the class, or different minimum energy efficiency levels for basic models which are distinguishedby capacity or other performance-related features that affect efficiency and utility. For example, automatic defrost freezers are a class of covered products. - -

B. T--NTATIYs DET SMtNATiONS OF THE

TEL-eNOLOGICALLT 4EASZBLE Mq=x cY LSTM In the proposed rule, DOE Is required to identify the maximum technologically feasible energy efficiency level for each mess of covered produc:s. In order to daciiitate the gathering of data
, views and arguments. DOE is offering for consideration a definition of the term "maximum technologically feasible energy efficiency level" and presenting in Table II DOE's tentative determination of such levels based on 1978 data . The levels inTable II may be modified in the proposed rule as a result of either modifying the definition, obtaining better information regarding the highest levels of energy efficiency of basic models commercially available , or identifying efficiency improvements that occur in commercially available products prior to the time of the proposal. For purposes of this advance notice, the term "maximum technologically feasible energy efficiency level"

means. for ear n cans of covered prod- ;, the h.., ... newt of the ni,•a,sare of energ

y efficiency (ire- energyfactor, energy efficiency ratio, seasonal energy efficiency zatio. annual fuel ut .ii-=r±on efficiency. defined andmeasured according to DOE test procedures) of any basic model that is commercially available at the time of proposal (which is manned for October, i9793. Based on this definition. DO.E's tentative detp_rrninathsns of r axi-, technologically Bibleenergy a fficletzcy level for each produm class are listed in Table 11. As mentioned earlier, those levels are based on products commercially available in 1973, For the product class-- -- forwhich DOE has incomplete trformatics on the (eves of the meas::re of effv-ioncy of the basic models commercially available in 1973. DOE has esti

## 53

mated the maximum technologically feasible energy efficiency level based on the best available information. Classes for which levels have been estimated are noted in Table II by three asterisks.

C. CRITERIA FOR SELECTION OF CLASSES

DOE has segregated the basic models of product types into classes to which different energy efficiency standards are likely to apply. These classes are tentative, and different classes may be specified in the proposed rule if DOE receives data. views and arguments which justify changes. DOE used the following two criteria to segregate the basic models of product types into classes :1. DOE is specifying classes whenever different basic models of the product type consume different types of energy ( i.e., oil , gas, or electricity). 

### 2. DOE is specifying classes in order to insure that consumer products having different capacities or other useful performance-related features which affect efficiency and utility remain available to consumers. These criteria are applied to each product type in Section III E of this notice . For each class within a product type, Section III E includes a discussion of the justification for establishing minimum energy efficiency levels different from those which apply to other classes within the same product type.,

M 1CLTHOD OF sPSCSrrING M114ndfW BSYLRGY J TXCZENCY For covered products other than refrigerators

, refrigerator

- freezers , freezera, and window room air conditioners, the same minimum energy efficiency level is likely to apply to each basic model . ithin a particular class.For refrigerators, refrigerator-freezers. freezers, and window room air conditioners. rn^n'. mum energy efficiency levels within any class are likely to vary with capacity (i.e., net refrigerated .ol '..me Cr cooling capacity). Terefore, wi,thim a single class, basic models di.fferng according to capacity are likely to be subject to different

mum energy efficiency levels. This method of establishing =,inimu enemy efficiency levels is likely to beused for refrigerators. r•efrigeratorfreezers. and freezers because their efficiency, as measured by toe energy
factor. tends to increase with volume. The same method is i l-ely to oe usedfor window room air conditioners because the .ninc-num energy efficiency level is expected to vary greatly with capa.C.ity. The likely product classes, and thetentative determinations of the ms.ximum technologically feat-ble energy efficiency level for each class, are pre- 

### .nted in Table II. Section III E conVOL 44. MG

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## CSA- RM-78-110 COMMENT 01

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Lain a discussion of the considerations leading to the selection of the individual classes.

!. PRODUCT CLASS RATION= 

### 1..Re. rigerators and Refrigertrtor freezergThree classes of electric refrigeratats and electric refrigerator-freezers specified in this notice. These classes . are distinguished by two performance -related features which affect utility: freezer compartmentdesign temperature and the type of defrost system. 

### Refrigeration products which require manual defrosting are separated into two classes . Basic models of the first class have freezer compartments designed to operate at 157. This group is referred to as-"manual defrost refrigerators" in DOE test procedures. Basic models of the second class have freezer compartments designed to operate at 57. This group is referred to as "partial automatic defrostrefrigerator-freezers" in DOE test procedures and as "cycle defrost refrigerator-freezers" by certain members of the refrigeration industry. According to the U.S. Department of Agriculture, food can be stored for much longer periods of time at 5'F than at 15'F. Therefore, the lowerfreezer compartment temperature provides additional utility to the consumer. Despite the references to manual defrosting and partial

-automatic defrosting in DOE test procedures. DOE believes that there are no significant differences between these products with regard to the type of consumer actions needed to accomplish defrosting. DOEbelieves, therefore, that "partial automatic " defrosting, as compared to manual defrostin g, is riot , in itself, aperformanoe-related feature which affects ur?ity. Because of the different freezer compartment design temperatures, the energy factors of units having freezer eampa rtments designed to operate at 5'F should tend to be lower than. the energy factors of units having freezer compartments designed to operate at 1S'F. Minimum energy efficiency levels appropriate for units havingfreezer compartments designed to operate at 11'F may not be achievable by units hav°.: g freezer compartments designed to operate at 5'F:: CE is contemplating segregating these units into separate classes in order to insurethat units having freezer compartments designed to operate at 5'F remain available to consumers.Automatic defrost units do not require any consumer action to a.. "" =- plish defrosting, and thus provide a utility to the consumer not providedby manually defrosted units. Moreover, automatic defrost units should 

## PROPOSED RULES

tend to have lower energy factors because of the extra energy consumed bythe automatic defrosting cycle. Minimum energy efficiency levels appropriate for other classes of refrigerators and refrigerator-freezers may not beachievable by automatic defrost refrigerator-freezers. Since automatic defrost refrigerator-freezers offer a distinct performance-related feature which affects utility and efficiency. DOE is specifying a class of automatic defrost refrigerator-freezers in orderto insure that such units remain available to consumers, DOE is not furtherclassifying automatic defrost refrigerator-freezers on the basis of freezercompartment design temperature because DOE believes that the freezer compartments of all automatic defrost ...refrigerator-freezers are designed to operate at the same temperature. 

### 2. Freezers Three classes of freezer are specifiedin this notice. These classes are distinguished by performance-related features which affect utility and efficiency. One such feature is the configuration of the unit, i.e., chest or upright. Examples of the extra utility which distinguishes upright freezers fromchest freezers. include greater accessibility to the freezer contents and moreefficient use of floor space. Information available to DOE indicates that the energy factors of upright freezers should tend to be lower than the energy factors of chest freezers. Therefore, minimum energy efficiency levels appropriate for chest freezers may not be achievable by upright freezers. Since upright freezers offer distinct performance-related features which affect utility and efficiency. DOE is specifying in this notice sepa.rate classes in order to insure that upright freezers remain available to consume.Another performance-related feature which affects utility and efficiency is .he type of defrost system. which deterw- es the extent of con-:su.meraction needed to accomplish defrrsting..automatic defrost units do not require any consumer action to accomplish defrosting, and thus provide the consumer with utility not provided bymanual defrost units. Moreover, automatic defrost units. as compared to manual defrost units, should tend to have lower energy factors because of tae extra energy consumed by the automatic defrosting cycle. Minimum energy efficiency levels appropriate for maauai defrost freezers may not be achievable by automatic defrost freezers. Since automatic defrost freezers offer a i'i tir,ct perfor ancereiated feature, DOE is specifying in, this notice a class of automatic defrost freezers in order to insure that such units remain available to consumers, Because DOE is not aware of anyautomatic defrost chest freezers distributed in commerce, DOE is not planning to segregate automatic defrost freezers according to confir---,a

### tion. 3, Clothes Dryers

Three classes of clothes dryers are specified in this notice. These classes are distinguished either by the type 01 energy consumed by the basic models of a class or by performance-relatec features which affect utility and effi• ciency. Basic models of clothes dryers are segregated into those which consum¢ gas energy and those which consume electric energy . Failure to establisk separate classes according to the typo of energy consumed might result ii the elimination of all basic model: consuming certain types of energy Such possibility is contrary to indices tions of the intent of Congress, a stated in the legislative history of th NECPA amendments. Basic models of clothes dryers ar also distinguished by the amount c room occupied by the unit, a perform

ance -related feature which affects uti ity and efficiency. Compact clothe dryers take up less room than stanc and clothes dryers. Another relate feature which affects utility is tY. drum size , which determines the six -of an economical load: compact ciotht dryers will dry the small loads typicu ly needed by small families at a low. cost than standard clothes dryer formation available to DOE inc. that the energy factors of compa clothes dryers should tend to be low than the energy factors of standa clothes dryers. Since compact cloth dryers offer a distinct performance-i ;aced feature which affects utility a. efficiency, DOE is specifying in tl notice a separate class for camp: electric clothes dryers in order insure that such units remain av ai bie to consumers. DOE is not specs ing a class for compact 6-as cloti dryers because DOE Is not aware any such units distributed in cc

merce. 4. c ., e- Heater
Three classes of water :eater specified in this notice, based on type of energy consumed: oil. gas. elect ricity. Failure to establis se rate riasses according to ttLe ty'cE energy consumed =,^t result in elimination of basic models cons nt certain types of energy , x hitn is tit sirabie for the reasons already sti in the discussion concerning cioi dryers.
5. Doom Air Conditioners

Four classes of room air canditio are specified in this notice. Roo= conditioners are disting uished by

FEDUAL L GIST . VOt, 6d , NO. 1--ti7ESO AY, JAN'JA$T 2. 1974

## CSA-RM-78-110 COMMENT 01

configuration of the unit, pick

### terminal, through-the-wail (no outdoor louvers), reverse cycle. and window room air conditioners, (Beuse through

- the-wall room air condi- .ners with outdoor side louvers and _,ndow room air conditioners can often be used Interchangeably, through-the-wall units with outdoor side louvers will be considered as partof the class of window room air conditioners. )These four classes are each distined by performance-related features which affect utility and efficiency. Packaged terminal air conditionershave special mounting provisions essential to use in apartment complexes or condominiums. Through-the-wall units ( no outdoor louvers ) are typically designed to be flush mounted with the outside wall of the building. Reverse cycle air conditioners have the capability of providing heat to the conditioned space. Window units are designed to be mounted in various window openings. The energy efficiency levels whichare the maximum technologically feasible and economically Justified are llkey to be distinct for each of the classes

. Minimum energy efficiency levels appropriate for one class may not be achievable by basic models of other classes . Since the basic modelsof each class offer distinct performance -related features, DOE is specifying in this notice four separate classes in order to insure that basic models of -tch class remain available to consum

### "
cs. 6. Home Heating Equipment (not includingfurnaces)

Thirteen classes of home heating equipment (not including furnaces) are specified in this notice. These classes are distinguished by the type of energy consumed by the basic models of each class and by performance -related features which affect utility and efficiency.Basic modes of home heating equipment are se sg3ted according to whether the? consume electricity, gas or oil. Failure tc establish separate classes according to the type of energyconsumed might result in the elimination of basic models consuming certain types of energy. which is undesirable for the reasons *Already stated in the dlscu szian concerning clothes cryers. Basic modes of gait fired home healing equipment are further dis..iiguuishhed by methods of hot air dst-ribution (n.e., forced-air or gravity). and the configuration (i.e., wall furnace. floor furnace. or room heater). Basic models of oil-fired home heatingequipment are distinguished by methods of air distribution ci.e_- gravity or forced-air) and configuration (Le., wall furznace , floor furnace or room 

## PROPOSED RULES
heater). Information available to DOE indicates that the minimum energy efficiency levels which are the maximum technologically feasible and economicaily Justified are likely to be distinct for each of the proposed classes of oil-fired and gas-fired equipment. Therefore. minimum energy efficiency levels appropriate for one class may not be achievable by basic models of other classes. Since the basic models of each class offer distinct performance-related features which affect utility and efficiency, DOE is specifying twelve classes of oil-fired and gas-fired horse heating equipment. 

### It is not necess ary to differentiate between basic models of electric home heating equipment because all units are 100 percent efficient at point of use, according to the applicable DOE test procedures.
7. Kitchen Flanges and Ovens

Seven classes of kitchen ranges and

ovens are specified in this notice. These classes are distinguished by the type of energy consumed by the, basic models of each class, by the function of the basic models of the class, or by other performance-related features which affect utility and efficiency of the basic models of the class Basic models of kitchen ranges andovens are segregated into classes according to whether basic models of the class consume electric energy only, or
gas energy . Failure to establish separate classes according to the type of energy consumed might result in the elimination of all basic models consinning certain types of energy, which is undesirable for the reasons already stated in the discus sion concerning clothes dryers. This product type has been further segregated to account for the differing functions of the three major cooking components. Le.. microwave ovens, conventional ovens (electric and gas) and cooking tops (electric and gas).DOE anticipates that. Instead of setting single sccdarcs for basic mode is which consist of two or more majorcooking components, a separate st :nda-rd silt be set for each component. Electric ovens and gas ovens have been further segregated into classes of self-cleaning ovens and non-self-eiear,- ing ovens because of their differing utility to consumers. Self-cleaningOvens, as compared to con-self-ciean1Eg Ovens , should tend to have lower energy factors because of the ex--ra energy consumed by the self-cleaning cycle. Minimum energy efficiencylevels appropriate for non-self-cieaning ovens may not be achievable by seif-cleaning ovens. Since self-cleaning

ovens offer a distinct performance-related feature which affects utility and efficiency. DOE is specifying in this notice a class of self-cleaning ovens in 

## 55

order to insure that such units remain available to consumers.Information available to DOE indicates that the minimum energy efficiency levels which are the maximumtechnologically feasible and economically Justified are likely to be distinct for each of the specified classes of kitchen ranges and ovens. Therefore,minimum energy efficiency levels appropriate for one class may not be achievable by basic models of other classes . Since the basic models of eachclass offer distinct performance-related features. DOE is specifying seven classes of kitchen ranges and ovens in order to insure that such models remain available to consumers. 

### 8. Central Air Conditioners
Two classes of central air conditioners are apecified in this notice. These classes are distinguished by their configuration, a performance-relatedfeature which affects utility and efficiency. Central air conditioners are segregated according to whether the units make up a single package or a split system (separated indoor and outdoor components connected by refrigeration and electrical lines ). Certain households cannot accommodate split systems because suitable space is not available for the outdoor unit. Technical information available to DOE indicates that the measures of efficiency of single package systems should tendto be lower than the measures of efficiency of split systems. Minimum energy efficiency levels appropriatefor split systems may not be achievable by single package systems. Since single package systems offer distinct performance-related features which affect utility and efficiency. DOE is specifying a separate class for single package systems. 

### 9. Furnaces

Six classes of furnaces are specifiedin this notice. These classes are d stinyuished either by the type of energy co. su=ed by the basic models of eachclass. or by performance-reiated featuxes conch affect utility.Basic models of furnaces are segregated according to whether they consme electricity, gas. or oil. F'atiure to establish separate classes accords: g to the type of energy consumed night result in the elimination of basic models consuming certain. types ofenergy, which is desirable for the reasons already stated in the discussion concerning clothes dryers. One performance-reiated feature which affects utility is the Method of heat distribution to the household.Gas furnaces use air circulation systems based either on the effect of gravity on low density heated air. or on the action of a blower (i.e.. forced air). Gravity-type systems offer the

MAKU l SiMt , Y Ot- 44

, NO. }-tt ,W AY, Ed M "Y 2. 1179

## CSA-RM-78-110 COMMENT 01



# 56

utility of operating without an electrical connection . In addition, a further class of furnaces , gas boilers, use hot water or steam to distribute heat. These various distribution systems result in different characteristics of heat transfer from the furnace flame to the conditioned space, and different bases through the flue. Information available to DOE indicates that the measure of efficiency of gravity gas

Electrle

, manually defroated. 5' freezerEleetrie, automatic defrost T IL-LiJfely Gasses and Tentative Determinations of Maximum Technologically Feasible Energy E/licieney Levels

Caircend product type

Reirigerators and refriterattor

-frees. Electric. manually defrosted

, 15' freezer...

ens.

Clotibes dryers.

Water heaters -- ......

air conditioners Manual defrost, ehest._ Manual defrost

. uprightAutomatic defrost. Electric

, standard. Electric. compact Gas Electric

083

Packaged terminal Reverse cycle

..,.„ provides distinct performance-rela features, DOE is specifying separ classes in order to insure that groups remain available to consurrl 

### Identical arguments lead to the cn ification of separate classes for air oil furnaces and oil boilers. of oil furnaces using gravity to cir late hot air is not specified becal DOE is not aware of any such ur, distributed In commerce.

Preliminary maxunum technologically fees!-

energy efficiency level"

.......-.. 10.4 ft 1/kWh-day (EF)

- 10.1 ft '/kWh-day (EF) - 6.6 ft' /kWh-dap t EF) - 16.9 ft '/kWh-day (EF) 13.9 It '/kWh-day , EF) - 9.1 ft 'fkWh-day , EF) - 2.77lb/dWh (EF) 2.61 lb/dWh tEF) __r.. 2.46 1b idWh (EP) _ 0.89 (EP)"' .......,. 0.59 tEF) "' oil .. 0

. 50 (EF)" Window and through the wall (with outdoor side louvers )_._...._, .... 11.6 Stu. watt-hour (EER) Through the Will (no outdoor side louvers )._...._..:^ .............._....... ^ 7.5 Btu /watt

- hour (ZER)

Home heating equipment . not, lnclud

- Electric, primary and supplementary 1n8 turnaces.

Liteben ranges and ovew

Central air conditioners

Pwnocea Gas. gravity, vented room heater_-...._.__..._.-. Ou. forced air, vented room heater..-.r . Gas. gravity. vented wall furnace..._..__..._....._......-..` Gas, forced air. vented wall furnace Gas, gravity, vented floor furnace. Gas, forced alr, vented floor furnace.. Oil, gravity. vented room heater ... Oil. forced air. vented room heater....r._-...._......... Oi . gravity. vented wall furnace - Oil. famed tit. vented wall furnace....._.-...........^^....-.. Oft. gravity. vented floor furnace.........-.. _ Oil. forced air. vented floor furnace .`.. Microwave oven ,-._.. Electric cooking top Electric oven Electric oven. self-cleaning... Oar cooking too.._.._r Gas Open Gas oven. self-cleaning ..,. Split system-...__.. ._. .....Y.,._.,._..^ Single package ..^_..,.r-.., oat gratay.. Gas. forced air. 0" boilers Oti. boilers. Olt forced Electric 

## PROPOSED RULES

furnaces should tend to be lower thanthe measures of -efficiency of forcedair gas furnaces. Further, the measure of efficiency of forced-air furnaces should tend to be lower than the measure of efficiency fcr gas boilers. Minimum energy efficiency levels for one class of gas furnaces may not beachievable by other classes of gas furnaces. Since each class of gas furnaces

- 8.7 Btu / watt .hour (EER) ...... 8.8 Btu / watt -hour (EER) - 100% efficiency

58% (AFTJE)**' 74% (AFUE)'" 60% (AFUE)' 70%(AFT:E)"' 701. (AF(JE)'a°

(AERIE)' (A IUM)' (Arm),

(AFl7E)'

44%(EF)'" 79% (EF) 16% (EF)" ._^ 141. (EF)"

46% (EF)

^ _ 1 8%' EF)

10.3'SEER("' 8.9 tSE_ R "'" 70% (AFt'E)' ' ..... 75e )A_RJE)

?9% (AFT E) 45 ,AYTE) ^...._._.__...^ 3-- AF VE I...

:v0% (AFAE)

'Inior -.,aron is not availab le to deterinne :.ie ma x== :ec(tnologtcatly feasible energy eff:c:eacy :rveL Based or. i

s . a oota :ned by us:rg OCE test procedu;.-*s.

aaied on b est available information.
EP-energy factor. EER - energy efficiency ratio. AFC£=annua fuel uui (at.on efficiency. -eeazonai energy elru)ency ratio.

N. Dr'+T.AP3c_

TS r op PROPOSED EaraRG'r E^ CIM-OY STA,6M .anS
A. AYPAOACI3
Section 325 (1) of the Act requiresDOE to determine the maximum improvement in energy efficiency that is technologically feasible for each type (or class) of covered product in proposIng a standard. L' the proposed standard is not designed to achieve this level of efficiency. DOE is required to state in the proposed rule the reasons therefor. If standards are proposed ata level below that which is the maximum technologically feasible, the reasons for such a proposal are expected to be primarily economic, Le. relat e to the seven factors identified by Co: gress which must be considered to t'7 extent practicable in deterrllnir: whether a standard is economical. Justified. In order to supplement anal able data for identifying any reaso r for not proposing a standard at th

€t.AL l;£G115Th*

. VOL 44
, NO. 1-TUMAY
, JANUARY 2, l9

## CSA-RM-78-110 COMMENT 01

maximum technologically feasible level. DOE has developed a series of questions framed around components of these seven factors. Any commentsregarding the components and any responses to the questions will also be used as a framework for identifying areas which require additional data in determining final standards.2 The components are listed in Part B and the questions are listed in Part C of this section.

1. s The following is a listing of the seven factors and the major components of each factor. DOE has identified these major components in orderto facilitate public comment. In addition to the components • identified below
, there may be other areas of concern regarding the seven factors. The public is invited to identify any additional areas of concern and to comment upon them.

### The seven factors and their components are as follows:1. The economic impact of the standard on the manufacturers and on the consumers of the products subject to such standard. I.J. Impact on Manufacturers a. Production b. Employment C. Capital Investment d. Industry Structure 

### e. Change in Retail Price 1.2. Impact on Consumers a. Choice of Products Available in the Market b. Change in Retail Price c. Utility/Performance d. Maintenance e. Energy Savingsf. Differential Impact of the Standard on "Consumers 2. The savings in operating costs throughout the estimated average life of the covered products in the type (or class), compared to any increase in the price of. or in the initial charges for,or maintenance expenses of. the covered products which are likely to result from the imposition of the standard. 

### a Estimated Average Product Life b. Estimated Energy Savings c- Changes Maintenance Expenses d. Change in Retail Price 3- The total projected amount of energy savings likely to. result directlyfrom the imposition of the stardard

### a- Number of Unit Produced Annu• ally b. Aggregate L

.. ne_rgy Savings 

### 4- Any lessening of the utility or the performance of the covered products

'A description of the ar-alysii proposed to be used in determining whether a >taridard in economic .ily justified zilj be avalacle to the public upon antten request. These quests should be sent to James A. Smith, at the address listed at the beginning of the notice. 

### r%wr'ae&s auasa 

### likely to result from the imposition of the standard. a. Product Classes 5. The impact of any lessening of competition determined in writing by the Attorney General that is likely to result from the imposition of the standard. a. Changes in Competitive Situation for Each Manufacturer6. The need of the Nation to conserve energy.a. Estimated National Energy Savings

### 7. Any other factors which DOE considers relevant.a, Impact of Standards on the Suppliers of Component Partsb. Impact of Standards on the Distributors, Retailers and Institdtional Sales Outlets c. The Maximum Energy Efficiency Level Achievable by Manufacturers

C. etr$sriONS
The questions dealing with the components of the seven factors are listedbelow. Each question may invite responses based upon as many as three different sets of assumptions:Current data-Answers to the questions using calendar year 1978 actual data . If actual data are not available for the complete year 1978. estimated data, based upon part-year data, may be used. 

### Scenario 1-Answers using 1986 estimated data, based on plans and forecasts assuming no energy efficiency standards program.' In the questionslisted below, the term "Scenario 1" Indicates the need for this type of

answer. Scenario 2-Answers using 1986 estimated data, assuming that the maximum technologically feasible levels of energy efficiency for each product class as given in Table II of this noticeare to be met by 1986.2 In the questiors listed below. the term "Scenario 2" indicates the need for-this type of

arsw er. In responding to questions involvingScenario I the a, suaptiotss underlying the plans and forecasts for 1986should be identified. such as assumptions regarding the price of energy. the rate of inflation, etc. To permituseful comparison and analysis, answers Involving Scenario 2 should be based on the same assumptions asthose involving Scenario 1, plus the assumption of having to meet the maximum technologically feasible levels of energ; efficiency as defined in this notice. Some of the questions have been repeated, because certain typesof information are relevant in quantifying the impacts of more than one of the seven factors.

':1 1986 estimates are not currently available , use latest actual or estimated data to develop them. 

## 5,7

The questions, listed according tofactors and components, are as follows:1. The economic impact of the standard on the manufacturers and on the consumers of the products subject to such standard. 1.1. Impact on Manufacturers a. Production (1) What is the number of models manufactured by each company, for for each product class during calendaryear 1978?' What is this number projected to be under Scenario 1 and Scenario 2?(2) What is the number of units produced, and the average per unit price of the product at shipment from the factory, of each model during calendar year 1978?' What are these numbersand prices projected to be under Scenario 1 and under Scenario 2?(3) In accordance with DOE test procedures , identify the capacity or other measure of useful output of services.the average annual energy consumption, and the level of the measure ofenergy efficiency for each model manufactured during calendar Year 1978.4What is this same information projected to be under Scenario 1 and under Scenario 2? . 

### (4) For those models to be producerd in 1986 , what would be the percentage change in the cost of production (i.e., the sum of materials. labor, and over. head) since 1978 under Scenario 1 and under Scenario 2? b. Employment (1) What is the total employment for each firm and what percentage ofthis total are production workers foreach of the 9 product types covered by this notice? • What would these figuresbe under Scenario 1 and under Scenario 2? 

### c. Capital Investment (1) By product class, what is the dollar amount of capital investment by each firm for 1978 ;actual data) and 1979 through 1986 (estimated data!. on a year by year basis, assuming no sttarida.-;s? What is the dollar amount of capita.! investment for 1979 t Zi ougn 1986 'estimated data) assuming that the maximum tec-rnoicv cai_ :ea:: ie level of efficiency of each product class Over. in this notice is required to be met by 1986? 

### d. Industry Structure - (1) What is share of market for eachfirm ;•ithin each product class in calenr_ar year 1978? • What is this share projected to be under Scenario 1 and wider Scenario 2? 

### e. Change in Retail Price 1. What is the average retail price for eaca model manufactured ny each company for calendar year 1918? • Tf the actual retail price is not available, give the suggested or estimated retail

'See Table II of this notice for a listing of Product cases by product type.

FEDEXM 03Srfl
, VOL 44
, NO. )--TUESDAY

, JANUARY 2, 1979

## CSA-RM-78-110 COMMENT 01

58
price and Identify it as such. What

vro uld the pric e b e u n d e r Scenazw 1 and under Scenario 2? 1.2. Impact an Consumers 

### a. Choice of Products Available in the Market (1) What is the number of models manufactured by each company, and for each product class. during calendar 191'8? ° What is this number pro. tected to be under Scenario 1 and under Scenario 2? b. Change in Retail Price (1) What is the average retail price for each model manufactured by each company for calendar year 1978?' if the actual retail Price is not available, give the suggested or estimated retail price and icentify it as sttt. What auould this price be under Scenario 1 and under Scenario 2? C. U41W/Performamice (1) What would be the difference, if any. in the utility/perfanzance of each product c.La., bet'seen Scenario 1 and Scenario 2? ° C2) Describe product design fewim-es that affect energy t pcioa of each model manufactured diwi. ng calendar year 1978. Describe wbat thesefeatures are projected to be tinder Scenario 1 and Scenario 2. 

### d. Maintenance Expenses (1) W'h'at are the estimated annual average maintenance expenses for each product class manufactured during calendar year 1978, over the life of the product? 4 What are these
expenses projected to be under Sceaarlo 1 and under Scenario 2? 

### e. Energy Savings (1) In accordance with DOE test pro. cedures,'identify the capacity or other

measure of useful output of services.the average annual energy consumption and the level of the energy effie ency measure for each model manufactured during calendar year 19.3.' What is the Informant i projected tobe under Scena:a I and under Sce :arso 2?

### I. Dtfferert;.al impact of the Standard on Ce u=t- (1) What factors are imper'tant when e c ideri.ng differential iLran.S on

2. The savings in operating costs throughout the atec average life it the cove e^c produc°.s in the type (or alias ) com ar c to any in--v,se in the price of. or to the initial =ars es for, or cSi.i 'sit^nance expenses of tide covered products. which are hi'k7 to result from the ipasrtian of the clardard. a. Estmtated Average Pr um Life (1)' What is the estimated avez-AgeHie for each product a nufactamed during calendar rest 197?° What is the average life p:n ed to be under Scenario i and Scenario 2? ^'. Estimated Et>zrzy ' 

## 0SED 5

(1) In accordance with DOE test Procedures, identify the capacity or other measure of useful output of rues, the a verag e annual energy consumption and the level of the energy efficiency measure f,or each mnrlel manufactured during calendar year 1978.° What is this information projected to be endenScm &m 1 and under Scerlarl0 2? c. Changes in Maintenance Expenses (1) What are the estimated annual average maintenance expenses for each product class manufactured during calendar year 1978. over the life of the product?4 What are these
expenses projected to be under Scenario 1 and under Scenario 2? 

### d. Change in Beia ii Price (1) What is the average retail price far each model manufactured by each comaparly for calendar year 1978?1 If the actual retail price is not available, give the suggested or estimated retail price and identify it as such. What would this price be under Scenario 1 and under Scenario 22 3. The tarsi projected amount of
energy savings Liissly to result directly from the imposition of the standard.

### a. Number of Units Produced AnntrAlly (1) What is the ntmmber of units of

each model Produc ed dnring calendar year 19'78? ° What is this number proJected be wades Seenarto 1 and under Scenario 2? b. Aggregate Energy SaThrgs ( 1) In accordance with DOE test proeedur'ea , identify the capacity or a -her measure of useful output of services, the average annual energy consuzcption and the level of the energy effi. ciency measure for each model manufactured dtati calendar Year 1978.•What is this same information projected to be under Scenario I and tinder Scenario V (2) What is the estimated average life for each product class manufacua: ed :....-':g calendar year 1778?' W'-.at is the average life projected to be under Scenario 1 and Scenario 2'. 4. Any lessening of the utility or the pe-rforrtan of the covered products tis:.ly to result from the imposition of the standard. 

### ®- Product Cases (1) What would be the difference. if
any , is the utility/perfo.-ma.ece of each Prom= class manufacured. ba tween Marto 1 and Scenario 2? . 5. The =Dam of any seni>;g of eompetaion dec inee in writing by the Aticrney General that is likely to resait for the Ur_ tiun of S.andard. 

### a. Change in Competitive Sia;ation by Manufacturer (1) What is each comrany's share of the ntarxet for each product class. in ca.iendar year 1978?1 What is the ;care projected to be under Scenario 1 and under Scenario 2?(2) To what extent will the implementation of standards under Scenario 2 change the degree of competition wi[1*00 each product class and w z each of the 9 product types covere...._I^y this notice, and with regard to the overall competitiveness of each firm?8. The need of the Nation to conserve energy.

### a. Estimated National Energy Savings(1) In accordance with DOT test procedures. identify the capacity or other

measure of useful output of services. the average annual energy consumption and the level of the energy efficiency meson for each model manufactured during calendar year L978." What is this same information projected to be under Scenario I and Scenario 2 as defined above? (2) What additional information is pertinent to conserving energy with respect to the 9 products types covered in this notice?

### T. Any other factors which DOE considers relevant.a. Impact of Standards on the Suppliers of Component Parts (1) What is the projected impact in 1988 on the suppliers of component parts to the manufacturers, assuming Scenario 2?b. Impact of Standards on the Distributors, Retailers and Institutional Sales Outlets (1) What is the projected impact in 1988 on the distributors. retailers d, institutional sales outlets for t. 9 products types covered in this notice, assuming Scenario 2? 

### c. The Maximum Energy Efficiency Level Achievable by Manufacturers (1) Assuming a standards program as outlined in this notice. What shouldthe 19855 level of the measure of efficiency be for each product class expected to be covered by v 25e program? (It is erected that this level R ouid exceed uae level projected cr.,der cena.:c L cnrx Scenario 1. ass, - no standards program.) If this 'e7ei for a product class is different front the maximum technologically feasible level of energy e`ficiesscy Led in Table II, what are he reasons for this difference based on any answers to thequestions listed above or oath reference to the components of the factors identified in Part B of this aection?

D. s L-

_ MAt 1rr Of ca. r2` rry
Persons responding to this notice may consider parts of their comments to be of a confidential nature. lzc_ ruse the release of certain types of utiormation might be deemed to cause subS1.ar=ial competiti-e If an y person believes that any Winformauon a2L' *^ *' ! is covered by the exemption of the Freedom of lnformaLion Act

i? 44.' NO. 1-dta saAY Y 2, PM'

## CSA-RM-78

- 110 COMMENT 01

OPOSED RULES:.
concerning trade secrets and commer

-- The programs that will be evaluated any methods DOE should consider in. - cial or financial information obtained

- include the following : order to maximize consumer participa- -» person and considered privi- .1.. U.S. Environmental Protection tion in the development of standards.. or confidential

. (5 U.S

. C. Agency; :. -- ' • -

am VII. '

ENWRO NKENTAL IMPACT ^^'31S" uld so state a Noise Enforcem 

### t Prog en r e pers h on o th s J. me of submission and request _. b. Automobile

. Exhaust Emission DOE treat this information as Certification Program. confidential

., Factors of Interest to 2. National Highway Traffic Safety DOE when evaluating requests to Administration ; Enforcement of Motor treat information that has been sub- Vehicle Safety Standards. milted as confidential

- includes : (1) a 3. D. S. Department of Defense; Fleet description of the Item ; ( 2) an indiea- ' Ballistic Missiles Procurement Stand- . efficiency standards for the nine type tion whether and-.why such
, items of ards .- consumer products

, discussed information have been treated by the 4 : State of California; Enforcement herein, may be a major Federal action submitting person as confidential

- and of Appliance Energy Efficiency Stand- significantly

- affecting the quality of whether and why such items are cus-, arils .: - . the - human environment : Consequent. ternary treated as confidential within ' "5--' Association of -Home Appliance ly, the Department-will prepare an En-- the industry ; (3) whether the informs Manufacturers Certification Program vironmental Assessment to -serve- as tion is generally .: known

, or publicly for Raom.Air-Conditioners

.. the basis to determine whether an En-:-: available from
„other sources ; ( 4) $. Air Conditioning and Refrigera

- vironmental Impact

- Statement ( EIS)-, - whether the information has previous

tion

- Institute; Certification of Unitary • is required

, If an EIS is required, a ly been

. made available to others with- Conditioners

. N o t i c e of Intent to prepare an EIS wiii out obligation concerning Its confiden -.- - - - 7. Underwriters Laboratory ; Product be

-published In the F IwatA

. R€cxsTEat.. tiality; ( 5). an explanation of th ek com Safety Certification. submitting In providing any comments or alter VIII Co s on Iss s _ x - petitive injury_ Jo , the person which would result from public native-.approaches

, commenters should moues and questions relating to" the disclosure ; and (6 ) an indication when focus on the enforcement authority development of standards are found such information might become non

- meted in the Act ( discussed in sec- throughout this notice

. The following - confidential due.

- to the passage of tion H. B. of this notice ) and the pa list of issues

, while highlighting sometime

. DOE retains the-.right to make tential- impacts of implementing var- of the major

. areas of interest to-DOE. its own determination with regard to : ions approaches available pursuant to is not intended to - be comprehensive any claim of confidentiality

. this autliorityy and should not-be construed as limit DOE is also Interested in obtaining vY Corisvs R: Peaxicn'nxxose big the scope of comments relating to views on what specific types of Infor-

_ this notice. oration warrant

. consideration ' under Because of the direct impact of the I. DOE intends to phase in ' stand- * exemption set ' forth in (5 U.S

. C. standards on individual consumers, ards over a five year period as -de. "'(4). Examples of specific types .- DOE wishes to achieve in the stand scribed in this notice

, with the final

bl pu i modelc meetings in six cities across the 3. Total employment by product country. Representatives of consumer groups type model and individual consumers are urged to

cost increase by model Estima ted 4

. 

### attend these meetings and to make, proposed to meet a all investment statements regarding the stand- s. Capita instmmeent t annually nnualy by

, ards program

. DOE is mailing copies product type

. of thi d s notice i uals an

ll i o " n v t d id a V. ENPoaCl rx consumer organizations identified by. An enforcement program is expected DOE as having an interest in stand- First, classes were divided by the type development : Further

, DOE will ' of energy ( electricity

, gas, oil) the ce of pro- he noti be included in t acce t c ll t t l ll t th h o t posed rulemaking specifying require- posedments on manufacturers for demonstrating compliance with a standard, as well as stating ` the actions which,DOE will take to-assure such compliance: DOE is undertaking an analysis ` of enforcement - program alternatives which will include

. the evaluation. of' ongoing Federal

, State
, and industry
programs

. An important part of the . evaluation will include contact with manufacturers
, trade associations, and consumer groups to identify variousapproaches to the enforcement program

. The different approaches will beanalyzed according td the overall program costs and benefits
, including cost 

### manufacture

, consumers , and the vernment. arcs development process the, maxi- standards becoming effective in De- ' mum level of consumer participation

. possible. The first major action taken reach this goal will be a series of cember 1985

. It is expected that intermediate standards may be prescribed for 1981 and 1983 so that progress toward meeting the 1985 efficiency levels will be assured

. DOE is interested In comments relating to this schedule and other alternative phase-in schedules.• - - 2. DOE has

, identified the product types and classes to which standards are likely to apply

. Product classes were selected '- based on two criteria.

p o ec e ep one ca s, a e product consumes ; second

, classes were consumer Information numbers listed

- established within energy types by at the beginning of this notice , ' from r'taking into account utility and per. individuals making requests to speak formance-related features

. DOE would at the public meetings or requesting like to receive comments pertaining to information about this program

. until the proposed classes. If additional the -close of the comment Period

. classes are recommended, the recom= March 5. 1979 . .. ' mendations should include- the ratio

- - Additional consumer input Is expect

- nale for the establishment of such, ed to

. be received from, a consumer` classes based on the two class selection

. survey to be conducted under DOE's

. criteria discussed above. direction

. The survey will be used to 3. For purposes ' of this notice. DOE determine

, with respect to energy effi-

. has defined "maximum technologicalciency

, what products have-been pur- ly feasible energy efficiency level" in chased and what products consumers section III B. DOE invites comments expect to purchase

. Data from this survey will be used in DOE 's demand analysis studies in determining the economic impacts of standards. DOE requests interested persons to submit suggestions and comments on on this definition and on the prelimi. nary efficiency levels listed in Table II. . 4. -DOE 's- approach to the develop. ment of an energy efficiency standard - enforcement

- program has been -disFEDE L REGISTER, VOL 44, NO. 1-TUESDAY, JANUARY 2, 1979 

### irmation might include : . '.

units

-produced Number of by

. gel annually

..

- Factory shipment price of each The issuance of regulations underthis program is subject to review pursuant to the provisions of the National Environmental Policy Act ( NEPA) (42. U.S.C. 4321, et seq .). DOE believes that the setting of minimum energy

## CSA-RM

- 78-110 COMMENT 01

PROPOSED

- RULES ^
cussed in section V_ Suggestions relat- submit one copy only

- of the informaing to. -a. DOE enforcement program tion. DOE reserves the right to deterwould be- most valuable in the early mine the confidential status of the instages of program development

. In formation or data

, as discussed above providing any comments or ap

- In section IV D, and to treat it accordproaches

, manufacturers
, trade associ- lug to that determination. ations and the general public

. should All comments received on-or before focus on the enforcement authority March 5

, . 1979 will be considered by granted

. in the Act (discussed in sec- DOE in

- developing the proposed tion 11 B) -and the effectiveness and standards

. The comment period will potential impacts of implementing var

- extend over a period of 60 days, rather ious- approaches pursuant to this au

- than the 45 day comment period specithority

_ fled in section 325(i)(IXB ) of the Act 5- DOE -believes
, on the basis

- of in

- because DOE's policy pursuant to-Ex-

-formation

- currently available

, that ecutive' Order 12044 requires at least a. - retail prices vary widely

- for products 60 day comment period

. Further, DOD of, similar efficiencies
, manufactured believes

- that the additional 15 days by. different manufacturers

. Further, will- result in . more meaningful - reretail

- prices of identical Products man- sponse to this notice, and this eaten- - ufactured

. by. a single manufacturer

. sign will not result In delay- of the legvary = widely

. In quantifying the im- islated timetable for the

- prescription

s ra: -= pacts-of. standards
, what relationships, of standards

. 

### are. Important in accounting for the. numerous retail pricing stragtegies found In the marketplaces? _ , ..&.Costs .: to- operate consumer products

. vary widely across the nation, due -to. different

. costs of " energy, climatic variations ,' and the different

. ways in which consumers use these products. DOE ' is : i nterested in receiving comments

- that address

- methods that could be used for assessing the impacts for these variable costs when develop. . ing minimum energy efficiency : levels for a standard. 7. Congress identified seven factors vh.iclt

. must be considered to the extent practicable in determining the economic justification of a standard. In. section IV, DOE has identified the major ' components within each factor and listed a series of questions framed around these components to focus anycomments regarding the economic impacts of standards

. DOE is interested in comments on the following issues relating to the seven factors: 

### (a) Whether or not the

. components and questions presented are sufficient-. (b) The need to obtain answers to the questions on a firm

-by-firm basis. (c) The best method for DOE to use to collect data of this nature. X. ORAL PRESENTATIok CONDOM OF

Any person who has

- an interest in this proceeding . - or who is a - repre-0 sentative of a group of persons

. having an interest

, may request in writing an opportunity to make an oral presents tion at

- any of the public meetings. Such requests should be labeled both on the document and on the envelope,'Energy Efficiency Standards for Consumer Products Request to Speak at Public Meeing, " and should be sent to the address for the appropriate meet, ing indicated at the

-beginnin g of this notice, by the time there specified. The person making the request should briefly describe the interest concerned and, if appropriate, state why he or she is'a proper representa- .tive of a group that has an interest, and give a phone number where he or she may be contacted. 

### DOE reserves the right to select the persons to be heard at. these meetings,to -schedule the respective presentations, and to establish the proceduresgoverning the conduct of the meetings. The length of each presentation may be limited, due to the number of - persons requesting to be heard

. If time } Coi 4TPltoc2D -t -permits, t e official- conducting- the- . ra.-'etmg may, at his or her discretion, . Interested persons are invited to par- accept additional comments or ques- - ticipate-in the development of stand- tions from those attending the meet ards by submitting.. to the address in- ing.. cheated at the beginning of this notice. A DOE official will be designated to data, views or .arguments with respect preside at the meeting. These will not to the subjects set forth in this notice:- be judicial or evidentiary-type hear- - Comments should be identified on ings. Questions may be asked only by the outside of the envelope, and on those conducting the meetings,. except documents submitted to DOE, with during those periods when commentsthe designation, "Energy Efficiency are requested from the floor. Any furStandards for Consumer Products." If ther procedural rules needed for the possible, fifteen copies should be sub- proper conduct of the meetings will be witted,-but this is not a requirement. announced by the presiding officer. for submitting comments. Transcripts of the meetings will be: Any person submitting information made, and the entire record of the which be believes to be confidential meetings, including the transcript, will should so identify the information and be retained by DOE and made avails- - ble for inspection at the DOE Free-•.dam of Information Office in the Forrestal Building, Independence Avenue and. L .Enfant Plaza, S.W., Washing= ton, D.G. 20585, between the hours of &00 a.m. and 420 p.m., Monday through Friday.


### Issued in Washington,. D.C:, Decensber 26

, 1978.. : - OXI WALDEN, Assistan t Secretary, Con 

### seruatfon and Solar Appitcations. IF'S. Doe. 78-35936 Filed 12-27-'1a 1&49 amt -



### [7535

- 0l-M]
. - .. NATIONA L CREDIT UNION °.. ADMINISTRATION
112 CFR Pm-r7011 "ti - •

ORGANIZATION AND OPERATIONS OF

_. -_. E CREDIT UNIONS ._ .:.
Purse, Solo , and PPk4" -of EHgila16- - •. -- Obli^o4ions 

### AGENCY: National Credit Union Administration. ACTION: Proposed Rule.:.
SUMMARY: The proposed rule would permit a Federal credit union (1) to purchase from, sell to

, or pledge to' any source any eligible obligations of-- Its members ; ( 2) to purchase from a liquidating

- credit union any eligible obligations of the liquidating credit union 's individual members

. and (3) when engaged in real estate lending pursuant to Section 701_21

- 6. to purchase from other credit unions realestate loans granted in accordancewith that section if the purchase will facilitate the purchaser 's packaging of a pool of such loans to be sold or pledged on the secondary market, and to sell or pledge to any source any real estate loans purchased in packaging of a pool of such loans

. The rule is necessary to implement provisions of theApril 1.9, 1977 amendments to the Federal Credit Union Act ( Public

. Law 95-22, 91 Stat. 49). It Is intended to provide

. Federal credit unions greaterflexibility both in meeting member- demaxnds and in spreading the risk. of. those demands

. This should enhance a credit union 's 'ability to react quickly. and efficiently to meet liquidity needs. It is also intended to provide a Federal credit union

- making long term realestate loans greater access to the secondary mortgage market. 

### DATE : Comments must be received on. or before January 31

, 1979. - ADDRESS : Send comments to Robert S. Monheit

, Senior Attorney

, Office of General Counsel,. National Credit. Union Administration

, Room -4202, 2025 M Street

, N.W., Washington, D.C: 20456.

FEDERAL REGISTER, VOL 44, NO. I-TUESDAY, JANUARY 2, 1979