mand, provide a service of public cor- respondence on voyages of more than 24 hoursfor anypersonwho, whileonboard in any status requests the service cover- ing any subject matt-er that legally may be transmitted by radio. " (a) Vessels subject to the radiotelegraphrequirements ofPart IIofTitle

### 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 fourhours daily. Thehours shallbe designated by the station licensee or the mast-er of the veSsel, and shallbe 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 mstsentence. § 83.372 [Amended]

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

## m thefirst sentence. [FRDoc.76-21712,Filed7-26-76;8:45 am]



### FEDERAL ENERGY ADMlNISTRATION

[ 10CFR Part430]
TEST PROCEDURES FOR THE ENERGY CONSERVATION PROGRAM FOR AP· PLIANCES
RoomAirConditioners and Notice of Hearing and Publication Delay The Federal Energy Administration (FEA) hereby proposes 

### to amend Chap;" ter IIof Title 10, Code ofFederal 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, thatit cannot, within the statutory tifue perfod, publish cer- tainproposed testprocedures.

By notice issued May 10, 1976 (41 FR 19977, May 14, 1976), FEA proposed 

### to establishEart430, 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 noticeproposed a SubpartA to PArt 430, containing general provisiOns, and a Subpart C, containing proposed energy efficiency improvementtargets. 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 heldpubllc hearings and receIved written comments

on such proposals. TheMay 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 NationalBureauof Standards (NBS), 

### to prescribe test procedures for covered products under the Act. These test pro- cedures willbeusedby theFederalTrade Commission inprescribingproductlabelingrules.Requiredlabelswillbedesigned to provide consumers wIth energy information essential to mnklng an informed judgment inthe 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 (orclass 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- quirementsofsubsection323(b) andpub- llshes such det-ermination in theFEDEML
REGISTER.

_ FEA 15 todayproposing testprocedures for room air conditioners. Additionally, FEAIs 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 itdeterminesthattest 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

suchpro]JO"".,ed testprocedures, suchcom- mentperiod 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) atleastoneothermeasure
or energy consumption of such products which PEA determines is likely 

### to assist

consumers in making purchasing decisions.

Further, section 323(b) of the Actre- 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 representativeaverageusecycle (ns determinedby FEA>

, andshallnotbe undulv burdensome to conduct; and, if' the testprocedure is onefor determining estimated annual operating costs, such procedureshallbe calculatedfrom 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 determinationoftherepresentativeaver-
aae use cvcJe for room air conditioners 15 set forth below. Representative aver- age unit costs or the energy needed to operatecoveredproducts duringtheirre- GPeCtive cvcles Will be developed byPEA nnd sunnlled 

### to manufacturers and the FedemlTmdeCommissIonbeforetheeffective 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 underfC'!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 Inre'm:senbtive use or n consumer product. determIned In (lccordance mth sec- tlon323."

Pursuant to section 323(c) oftheAct, 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 labelermaymnkennyrepresentation (1) in writing (Includinga representationon 

### 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 disclosesthe

### risuIts ofsuchte3ting.

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-
sumerproductsofeach ofthetypes 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)**  

### perhour 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.



### mentof testmethods'forconsumerprod- '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 thermalunits (Btu's) perhour aremade 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** 

### coolingcapacityandelecalternative to the Association of Home ' tl'lcal mputm accordancewiththe 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 costsbf thirteen that the representative average use cycle types of covered products and at least--for room.air**con~tioners** 

### is 750 hoursper
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**~** 

### ontestprocedures 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 forlater inthisnotice.

. _ . a:verage use cycle for room air condiIt 

### is proposed that measures of enerrw tioners. " consumption of room air conditioners be WhileFEAis soliciting comment on all determined by .application of two na-**aspect~** 

### of its proI!osal, FEA is particu- tionallyrecognized 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 ofHeating,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 standardtestcon- 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 Programfor 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 tulemakingby submitting data, views, or arguments with respect to the proposed testprocedures 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.

Apublichearing 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 andPennsylvaniaAvenue, NW" Washington, D.C., between tho hours of 8 a.m. and 4:30 p.m., Monday through Friday. The person making the I'equest 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, eachpersonwhohasmadean01'£\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 willbe givenintheorderinwhich :the initial statements were made and willbe subject

### totime limitations:

Anyiriterested person may submit questions

### tobeaskedof anypersonmak· ing a statementatthehearing

### toExecu· 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 permitit

### tobe presentedfor 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 permitit 

### to be pre· sentedforanswer.

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, FEAhas

.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,

- Theproposal has beenreviewed in ac- theresultingproductthenbeingrounded cordancewithExecutive Order 11821 and oII to thenearest dollarper 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 inBritits 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 inBritish thermal unlts perhour 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. inwatts as determinedby the standards in § 430.22(!) (4), the resulting quotient thenbeingrounded of[ to thenearest 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 inkilowatt-hours peryear, shall 1976. be determined by multiplying together (Energy Polley and C<lnservllt!on Act, Pub. L. 94-163; FederalEnergyAdm1n1stnlUonAct 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 entirerecord 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, 12thandPennsylvaniaAvenue, 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 recommendationsconcerningtestproceduresforroom "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 ofthisnotice power input, in 

### watts, electrical current, has been submitted

### to theAdministrator inamperes, andcoolingcapacity, inBtu's Qf theEnvironmental 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 partB asfollows: of the environment. The Administrator Subpart

### B-TestProcedures hadno comments.

_ The National Environmental Policy § 430.21 Purpose IlndScope. Act of 1969 <NEPA)- -requires FEA 

### to This subpart contains test procedures



### assess the environmentalimpacts ofany required to beprescribed by FEA pursu- proposal by the agency for "majorFed- antt.o section323 oftheAct. 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 energyusage and-will not affect § 430.22 Test Procedures for 1I[e1l50res ofEnergyConsumption. (a)-(e) [Reserved] (f)**.R0071~** airconditioners. (1) Thees- timated average annual operating cost § 430.23 Units tobetested. (a) Suffic1entunltsofeachbasicmodel of each covered product, that are representative of manufactured units, shall be tested

### to provide a valid basis for the measurements of energy consumption pursuantto § 430.22.
(b) BasIc models having dual ratings shallbe separately tested at each design voltage.

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