mand, provide a service of public cor- respondence on voyages of more than 24 

hours for any person who, while on board 

in any status requests the service cover- ing any subject matt-er that legally may 

be transmitted by radio. " 

(a) Vessels subject to the radiotelegraph requirements of Part II of Title m 

shall provide this service during the 

hours, the radio operator is normally on duty. (b) Vessels subject to the radiotelephone requirements of Part II of Title 

m shall provide this service for at least 

four hours daily. The hours shall be designated by the station licensee or the 

mast-er of the veSsel, and shall be promi- nently posted at the principal operating 

location of the station. 

§ 83.305 [Reserved] 

8. Section 83.305 is deleted and re- served. 

" § 83;371 TAmend~] 

9. Section 83.371 is amended by deleting the word "public" where it appears before the words "ship station" in the 

mst sentence. 

§ 83.372 [Amended] 

10. Section 83;372 is amended by deleting the word "public" where it appears before the words "ship station" 

m the first sentence. 

[FRDoc.76-21712,Filed 7-26-76;8:45 am] 

FEDERAL ENERGY 

ADMlNISTRATION 

[ 10 CFR Part 430] 

TEST PROCEDURES FOR THE ENERGY 

CONSERVATION PROGRAM FOR AP· 

PLIANCES 

Room Air Conditioners and Notice of 

Hearing and Publication Delay 

The Federal Energy Administration 

(FEA) hereby proposes to amend Chap;" 

ter II of Title 10, Code of Federal Regu .. 

lations, in order to preScribe test proce- dures pursuant to section 323 (42 U.s.C. 

6293) of the Energy Policy and Conservation Act (Act) <Pub. L. 94.-163). The 

FEA will receive written comments and 

hold a public hearing with respect to ~ this proposal: FEA is also giving notice 

of its determination, pursuant to section 

323 (b) of the Act, that it cannot, within 

the statutory tifue perfod, publish cer- tain proposed test procedures. By notice issued May 10, 1976 (41 FR 

19977, May 14, 1976), FEA proposed to 

establish Eart 430, entitled "Energy Conservation Program for Appliances", in 

Chapter II of Title 10 of the Code of 

Federal Regulations. -That notice con- tained the first proposed regulations ap- plicable to the appliance program. That 

notice proposed a Subpart A to PArt 430, 

containing general provisiOns, and a Subpart C, containing proposed energy 

efficiency improvement targets. Proposed 

Subparts- A and C have no~ yet been 

-finalized. Today's notice proposes to add 

Subpart B, entitled "Test Procedures," 

to proposed Part 430. 

PROPOSED RULES 

Part B of Title m of the Act man- dates the implementation of an energy 

'conservatlon program for consumer products other than automobUes (appll- ances) • .A!; part of this. program, FEA 15 

required to prescribe energy cmciency improvement targets for covered products, which are specified types of appll- ances in the Act. The targets nre to 

be designed to encourage ma:wnum feasible improvement in the energy efficiency of appllances. FEA hils proposed 

energy efficiency improvement targets 

for ten types of covered products (41 FR 

19977, ]'Iay 14, 1976) and has held publlc 

hearings and receIved written comments on such proposals. The May 14 notice on targets contains dcfinltions in proposed 

§ 430.2, some of which are applicable to 

the test procedures proposed today. 

Part B of Title m of the Act also re- quires FEA, wIth the assistance of the 

National Bureau of Standards (NBS), to 

prescribe test procedures for covered 

products under the Act. These test pro- cedures will be used by the Federal Trade 

Commission in prescribing product labeling rules. Required labels will be designed 

to provide consumers wIth energy information essential to mnklng an informed 

judgment in the purchase of appliances. Under certain circumstances energy efficiency performance standards may be 

prescribed by FEA. 

Section 323(a) (3) of the Act requires 

that, not later thfin June 30, 1976, FEA 

shall publlsh proposed test procedures 

for the following types of covered products: Refrigerators and refrJgerator- freezers, freezers, dishwashers, clothes 

dryers, wat-er heat{!rs, room air conditioners, and television sets. Section 

323 (a) (6) of the Act, however, provides 

that FEA may delay the pubUcation of 

proposed test procedures for n. tY,pe of 

coveredpl'Dduct (or class thereot) beyond 

the required dates for publlcation if it 

det-ermlnes that it cannot, wJthIn the 

appllcable time perIod, publish proposed 

test procedures appllcable to such type (or class thereot) which meets the re- quirements of subsection 323 (b) and pub- llshes such det-ermination in the FEDEML 

REGISTER. 

_ FEA 15 today proposing test procedures 

for room air conditioners. Additionally, 

FEA Is giving notice of its det&mlnntion 

that it coilld not by June 30, 1976, pub- llsh proposed test procedures appUcable 

to refrigerators and refrigerator-freezers, freezers, dishwashers, clothes dryers. 

wat-er heaters, and television sets which 

meet the requirements of subsection 

323(b) and, therefore, will, pursuant to 

section 323(a) (6) delay the publication 

of proposed test procedures for such 

products.- FEA will publlsh proposed test 

procedures for such products as soon- as 

practicable, unless it determines that test 

procedures cannot be developed which 

meet the requirements of subsection 323 

(b) and publlshes such det&mlnntion in 

the FEDERAL REGISTER, together with the reasons therefor. a 

Section 323 (a) (3) requires that FEA 

shall afford interest-ed persons an oppor- tunity to- present oral and wrItten data, 

VIews, and. arguments wIth respect to 

31237 

such pro]JO"".,ed test procedures, such com- ment period to be not less than 45 days. 

Section 323 (a) (4) of the Act requires tlmt. not later than September 30, 1976, 

PEA shall prescribe test procedures for 

the determ1nntion of (1) estimated an- nun! operating costs of all consumer products of e'l.ch of the types specified_ above, and (2) at least one other measure or energy consumption of such products which PEA determines is likely to assist consumers in making purchasing decisions. 

Further, section 323(b) of the Act re- quires th'lt such test procedures be rea- sonably designed to produce test results 

which reflect energy efficiency, energy 

use, or estimated ~nnual operating cost 

during a representative average use cycle 

(ns determined by FEA> , and shall not be 

undulv burdensome to conduct; and, if' 

the test procedure is one for determining estimated annual operating costs, such 

procedure shall be calculated from meas- urements of energy use in a. representa- tive average use cycle (as det-ermIned by 

FEA>, and from representative average 

unit costs of the energy needed to operate the product during the cycle. PEA's 

determination of the representative aver- aae use cvcJe for room air conditioners 

15 set forth below. Representative aver- age unit costs or the energy needed to 

operate covered products duringtheirre- GPeCtive cvcles Will be developed by PEA 

nnd sunnlled to manufacturers and the 

Fedeml Tmde CommissIon before the effective dat{! of the prescribed test 

procedures. Section 321 of the Act defines certain 

terms used In section 323 as follows: 

• • • • • 

"(4) The term 'energy uze' means the 

quantity of energy dIrecUy consumed by a consumer prcxluct at point or uz~. determlned In accordance with test procedures 

under fC'!tion 323. .. (5) The term 'energy efIlcIency' means • the mtio of the uzeful output of services 

trom n conmuner pnxluct to the energy use of such product. determIned In. accordance 

mtb teJt procedures under ::ectlon 323. 

"CG) The term 'est1mnted annual opemtIn.:;; co:.t' means the nggre,;ate retall cost of 

the enersy whIch 1s U1:ely to be con.,-umed 

nnnu!3lly In re'm:senbtive use or n consumer product. determIned In (lccordance mth sec- tlon323." 

Pursuant to section 323(c) of the Act, 

effective 90 days after a test procedure rule applicable to a covered product is 

prC3cribed under section 321, no manu- facturer, distributor, retaner, or private labeler may mnke nnyrepresentation (1) 

in writing (Including a representation on a. label) or (2) in any broadcast advertisement, respectin~ the energy con- sumption of such product or cost of en- ercy conS'UIlled by such product, unless 

such prodUct has been tested in accord- ance with such test procedures and such 

represent:ltion fairly discloses the risuIts 

of such te3ting. 

Pursuant to section 323(b) (1) of the 

Act. PEA issued a. Notice o! Opportunity for Comment (41 FR 3121, January 21. 

1976) to afford interested persons an 

opportunity to present m::itten data, 

views, and arguments with respect to 

FEDERAL REGISTER, VOL. 41, NO. 14S-TUESDAY, JULY 27, 1976 
31238 PItOPOSED RULES 

test pr~cedures to be developed for con- sumer products of each of the types spec- ified in paragraphs (1) through (13) of 

section 322(a) of the Act. Eighteen com- ments were received in response to the' 

FEDERAL REGISTER Notice of January 21 

1976. Sixteen of these responses wer~ from either industry trade associations 

01' individual manufacturers. These com- ments addressed not only the developthe COOling <:apacity in British thermal ments sub~itted to PEA with thn desig- ~ts (B~u's) per hour of a room air con- nation "Room Air Conditionel's-Pl'OtlitIoner m a rqom calorimeter under the . d T t Pr d fo.llowing standard temperature condl'- pose es oce ures". Fifteen copies tlOns: "- should be submitted. All comments 1'0-

Room AIr Temperature: 80°F (26.70) dry 

bulb. 67°F (19.50) wet bulb. _ OutsIde Air Temperature: 96°F (35,03) 

dr~ bulb, 75°F (23.90) wet bulb. 

ment of test methods 'for consumer prod- 'l'he room air conditioner is operated 

ucts, but the development of energy effi- under steady state conditions: Measureciency improvement targets, .labeling, ments of ,the cooling capacity in British 

and consumer education. Most remarks thermal units (Btu's) per hour are made 

addressing test procedure development and the corresponding electrical input u{ 

encouraged the adoption of the proce- watts required to operate the unit is 

dures developed under the Department recorded. ' 

of Commerce Voluntary Labeling Pro- Estimated average annual 'operating 

gram. For test procedures not developed costs, an energy efficiency ratio (EER) 

under the voluntary program, FEA was and average annual energy consumption encouraged to adopt. either existing or. C8:n b~ calculated based upon the deterproposed industry test procedures. An ~at~on of ~he cooling capacity and elecalternative to the Association of Home ' tl'lcal mput m accordance with the appli- Appliance Manufacturers (AHAM) test cable portionS of the ASHRAE and ANS 

procedures was recommended for refrig- standards: 

erators and refrigerator-freezers and . The estnn.ated ayerage ~nnual operattwo different procedures were r~coin- mg co~t for room ~ir conditioners is 

mended for television receivers. deter~me~ by multiplying together the 

Section ~23(a) (2) of the Act requires electl'lcal mput, a representative average FEA to direct NBS to develop test proce- us~. cycle, and a representative average 

dures for the determination of the esti- umt cost of energy. FEA has determined 

mated annual operating costs bf thirteen that the representative average use cycle 

types of covered products and at least--for room .air con~tioners is 750 hours per one other useful measure of energy con- year. ThIS determination is based upon sumption of such products which FEA NBS's recommendation to FEA. NBS's 

determines is likely to assist consumer9' re~oJ?lIllendation is ~c!uded in its subin making pUrchasing decisions. Pursu- ffilSsion. to FEA of Its general recom- ant to the Act, FEA directed NBS to m~nda~lOn to ~ on test procedures for 

develop test procedures for FEA's use in .room all' conclitlOners and, along with an prescribing test procedures under the NBf? internal. report. on the sublect, is 

Act .. As part of this undertaking, NBS availa:ble for mspection as provided for 

was requested to evaluate .existing test later m the notice. 

procedures for measur,ing energy con- The EER for room air conditioners is 

sumption of the covered products for based upon the Department of Comwhich test procedures are proposed to- ~erce Voluntary Labeling Program and 

day. NBS has submitted to FEA its rec- IS ex~ressed as the ratio of the cooling ommendations based upon its evalua- capaCIty to electrical input. The average 

tions, and copies of such recommenda- annual energy consumption for room air 

tions will be made available for inspec- ~onditioners is the electrical input dur ... tion by interested persons as provided mg 750 hours of use, the l'epresentative for later in this notice. . _ . a:verage use cycle for room air condiIt is proposed that measures of enerrw tioners. " 

consumption of room air conditioners be While FEA is soliciting comment on all 

determined by .application of two na- aspect~ of its proI!osal, FEA is particu- tionally recognized standards, (1) Ameri- larly mterest.ed in receiving comments can National Standard (ANS)- Z234.1- on the followmg matters: 

1972, "Room Air Conditioners" and (2) (1) Any other useful measures of 

American SOCiety of Heating, Refrigerat- ~ergy consumption for room air con- ing and Air conditioning Engineers ditioners 10 addition to those proposed 

(ASHRAE) Standard 16-69 "Method of today; 'l'es~ing fo: Rating Room Air Condition- (2) Improyements o~ or alternatives ers. SectIOns 4, 5, 6.1 and 6.5 of ANS to the requirements proposed in' § 430 23 Z2~4.1-1972 define the standard test con- for units to be tested which will result' in 

dltlOns used to condtlct cooling capacity. testing which will not be unduly burdenand electrical input tests in accordance· some or costly to conduct. 

with the test methods as set forth in 

ASHRAE 16-69. These standards are/ 

recognized and used by room air conditioner manufacturers and trade associations and were adopted for use by NBS 

under the Department of Commerce's 

Voluntary Labeling Program. The NBS 

recommended adoption of the abovementioned standards for use in the 

Energy Conservation Program for Appliances, and FE~ today is proposing a·test 

procedure which applies these standards. 

The proposed test procedure measures 

'PuBLIC COMMENT AND HEARING 

PROCEDURES 

'Interested persons are invited to par- ticipate in this tulemaking by submitting 

data, views, or arguments with respect 

to the proposed test procedures for room air conditioners set forth in this notice 

to Executive Communications, Room 

3309, Federal Energy Administration, 

Box m, Washington, D.C. 20461. 

Comments should be identified on the 

outside of the envelope and on docuceived by September 10, 1976, before 4:30 

p.m., e.s.t,. and all other relevant information will be considered by FEA beforo 

final action is tal{en on tho proposed regulation. 

AnY information or data considered by the person furnishing it to be confidential must be so identified and submitted 

in writing, one copy only. The FEA 1'0-

serves the right to determine tho confidential status of the information or data 

and to treat it according to its detel'mination. 

A public hearing in this proceeding will 

be held at 9:30 a.m., on September 10, 

1976 in Room 2105, 2000 M street, mv" 

Washington, D.C. 20461 in order to 1'0-

ceive comments from interested pel'sons on the proposed test procedure for room air conditioners. 

Any person who has an interest in the 

proposed rulemaking iSSUed today, or who is a representative of a group or class of persons that has an interest In t~day's proposed rulemaking, must make a written request for an opportunity to 

make an oral presentation. Such n re- quest should be directed to Executive 

Communications, FEA, and must be 1'0-

ceived before 4:30 p.m., e.s.t" on August 27, 1976. Such a request may be h[md 

delivered to Room 3309, Federal Building, 12th and Pennsylvania Avenue, NW" 

Washington, D.C., between tho hours of 

8 a.m. and 4:30 p.m., Monday through Friday. The person making the I'e quest 

should be prepared to describe tho intel'-

est concerned, if appropriate, to state 

why she or he is a pl'Oper representativo of a group 01' class of persons that has 

such an interest, and to give a concise 

summary of the proposed oral presentation and a phone number where he 01' 

she may be contacted through septem- ber 10, 1976. Each person seleoted to bo 

heard will be so notified by FEA bofol'O 

4:30 p.m., e.s.t., August 31, 1976, and 

must submit 100 copies of his or hor 

statement to FEA, Regulations Management, Room 2214, 2000 M Street, NW" 

Washington, D.C. 20461, before 4:30 p.m" 

e.s.t .. September 8, 1976. 

FEA reserves the right to seleot tlio 

persons to be heard at this hearing to 

schedule their respective presentations and to establish the procedures govern .. ing . the conduct of the hearing. Tho 

length of each presentatlon may be 

llmited,. based on the number of Pel'sons 

requestmg to be heard. 

An FEA official will be designated to 

preside at the hearing. '!'his will not bo a judicial or evldenti1\l'Y-type hearing'. Questions may be asKed only by those 

conduoting·the hearing, and thet'o wJll 

be no cross-examination of persons pro- ' 

senting statements, Any decision mado 

by the FEA with respect to the subject 

matter of the hearing will be based on all1nformation available to the FEA. At 

the conclusion of all initial oral statoments, each person who has made an 01'£\1 

statement will be given the opportunity, 

if he or she so desires, to make J\ 1'0-

FEDERAL REGISTER, VOL. 41, NO. 145-TUESDAY, JULY 27~ 1976· 
butOOl statement. The rebuttal state· 

ments will be given in the order in which 

:the initial statements were made and 

will be subject to time limitations: 

Anyiriterested person may submit 

questions to be asked of any person mak· 

ing a statement at the hearing to Execu· 

tive Communications, FEA, before 4:30 

p.m., e.s.t., September 8, 1976. FEA will 

determine whether the question is rele· 

vant, and whether the time limitations 

permit it to be presented for answer. Any person who makes an oral state· 

ment- and who wishes to ask a queStion 

at the hearing may submit the question, 

m writing, to the presiding officer. The 

presiding officer will determine whether . the question is relevant, and whether 

the time limitations permit it to be pre· sented for answer. Any further procedural rules needed 

for the proper conduct of the hearing 

will be announced by the presidingofficer. - . 

PROPOSED RULES 31239 

-the quantity or distribution of energy for room air conditioners, expressed in 

usage, the FEA has determined that the dollars per year, shall be determined by action of prescribing test procedures by multiplying together the following 

itself, will not result in any environ- three factors: (1) Electrical input in 

mental impacts. On this basis, FEA has . kilowatts as determined by the standdeJ;.ermined that, with respect t.o pre- • ards in §430.22(f)(4), (ii) the represcribing test procedures under the con- sentative averase use cycle of 750 hours 

servation program for appliances, no per year, and (lID a. representative av- .environmental impact statement is erase unlt cost in dollars per kilowatt-" 

required. • hour as provided by the Administrator, - The proposal has been reviewed in ac- the resulting product then being rounded 

cordance with Executive Order 11821 and oII to the nearest dollar per year. 

OMB Circular No. A-107 and has been (2) The energy efficiencY ratio for 

determined not to require evaluation of ')'(lom air conditioners, expressed in Britits inflationary impact as provided for Ish thermal unlts per watt-hour, shall 

therein. be the quotient of the cooling capacity 

In consideration of the foregoing, it is in British thermal unlts per hour as deproposed t.o amend Chapter II of Title termIned by the standards in § 43022 

10. Code of Federal Regulations as pro- (!) (4) divided by the electrical input posed above. in watts as determined by the standards 

in § 430.22(!) (4), the resulting quotient 

then being rounded of[ to the nearest 0.1 _ British thermal unlt per watt-hour. 

(3) The average annual energy con- sumption for room air conditioners, ex- Issued in Washlngt.on, D.C., July 22, pressed in kilowatt-hours per year, shall 

1976. be determined by multiplying together 

(Energy Polley and C<lnservllt!on Act, Pub. 

L. 94-163; Federal Energy Adm1n1stnlUon Act 

of 1974, Pub. L. 93-275; E.O. 11'190, 39 P.R. 

231851.) 

:MI~!'n~a~~el, the following two factors: (1) electrical 

Input in kilowatts as determined by the FederaZ Energy Administration. standards in § 430.22(f) (4) and (li) a 

. 1. Section 430.2 is amended to add a. 

definition of the t~rm "basic model," as 

follows: 

§ 430.2 Definitiom. 

• • • • • 

representative average use bycle of 75(} 

hours per year, the resulting product 

then being rounded off t.o the nearest 

kilowatt-hour per year. 

A transcript of the hearing will be 

made and the entire record of the hear· 

ing, including the transcript, will be re· tamed by FEA and made available for 

inspection at the FEA Freedom of In· 

formation Office, Room 2107, Federal 

Building, 12th and Pennsylvania Avenue, 

NW., Washington, D.C. between the 

hours of 8 a.m. and 4:30 p.m., Monday through Friday. Any person may pur· 

chase a copy of the transcript from the 

reporler. A eopyof NBS's recommendations concerning test procedures for room "Basic model" means all unlts of a air conditioners "will also be made avail- given type of covered product manufac· 

1lble for inspection at the FEA Freedom tured by one manufacturer andof Information Office. (1)-(5) [Reserved] 

(4) The standards for testing room air conditioners shall consist of application of the methods and conditions in 

AmerIcan National Standard CANS) 

Z234.1-1972, Room Air Conditioners. 

sections 4, 5, 6.1, and 6.5, and in american Society of Heating. Refrigerating and Air Conditioning Engbreers 

CASHRAE) Standard 16-69, Method of 

Testing for Rating Room. Air Conditioners, to samples selected pursuant to 

§ 430.23. 

As required by section 7(c) (2) of the (6) With respect to room air condiFederal Energy Administration- Act of tioners, having the identical rating for 

'1974, Pub. L. 93-275, a copy of this notice power input, in watts, electrical current, 

has been submitted to the Administrator in amperes, and cooling capacity, in Btu's 

Qf the Environmental Protection Agency _ ]2.er hour. 

<EPA) for his comments concerning the 2. Part 430 is amended by adding subim}:aCl; of this proposal on the quality part B as follows: 

of the environment. The Administrator Subpart B-Test Procedures 

had no comments. _ The National Environmental Policy § 430.21 Purpose Ilnd Scope. 

Act of 1969 <NEPA)- -requires FEA to This subpart contains test procedures 

assess the environmental impacts of any required to be prescribed by FEA pursu- proposal by the agency for "major Fed- ant t.o section 323 of the Act. 

era! actions significantly affecting the 

quality"'of the human environment." 

Since test pr.ocedures under the conser- vation program for appliances will be 

used only to standardize the measure- ment of energy usage and -will not affect 

§ 430.22 Test Procedures for 1I[e1l50res 

of Energy Consumption. 

(a)-(e) [Reserved] 

(f) .R0071~ air conditioners. (1) The es- timated average annual operating cost 

§ 430.23 Units to be tested. 

(a) Suffic1ent unlts of each basic model 

of each covered product, that are representative of manufactured units, shall 

be tested to provide a valid basis for the 

measurements of energy consumption 

pursuant to § 430.22. 

(b) BasIc models having dual ratings 

shall be separately tested at each design 

voltage. 

(FRDoo.'16-21'190 Filed '1-23-'16;10:18 nm]