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• 

. . 

Wednesday 

January 23, 1980 

Part VII 

, . 

Department of 

Energy 

Office of Conservation and Solar E

Energy Conservation Program for 

Consumer Products 
5602 Federal Register /. VoL .45. No. 16 I Wednesday. January 23, 1980 I Proposed Rules 

DEPARTMENT OF ENERGY William ,. Denniacm. U.s. Department of 

OffIce of Conservation and Solar _ _ Elergy, Office.f General Counsel.ltooa types of consumer. products appeared 

· the Federal Register of January 2, 1979 

(44 FR 49). That advance notice did no

apply to heat pumps, which are centra

air conditioners that provide beating 

and may also provide cooling. because 

DOE had not at that time developed te

procedures applicable to heat pumps. 

StaDdards for dishwashers, television 

lets, clothes washers, humidifiers and 

dehumidifiers are required by Section 

US to be prescribed in the Federal 

:Register no later than November 1981. 

An advance notice of proposed 

rulemaking lor these five types of 

consumer products appeared in the 

Federal Register of December 13, 1979 

(44 FR 72276). 

-. : SZZ8. 2Q MaasachuJetts Avenue NW .. Energy . 

10 CFR Part 430 

[~et No. CAS-RM-7I-115] 

Inervi Conservation Program for 

Consumer Products; Advance Notice 

'of Proposed Rulemaklng and Request 

for Public Comments Regarding 

EiiefDy "Efficiency Standards for Heat 

Pumps . . 

AGENCY: Department of Energy. 

ACTION: Advance notice of proposed 

rulemaking. 

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 heat pumps no later than 

January 1982. The purpose of this 

advance notice of proposed rulemaking 

is to facilitate the gathering of 

information. to provide interested 

persons an opportunity to become 

familiar with the standards program. 

and to invite interested persons to 

participate in formulating the proposed I 

energy efficiency standards. 

DATES: Written comments in response to • 

this advance notice by April 30. 1980; 

requests to speak by February 25. 1980; 

statements by March 4. 1.980; public 

meeting to be held on March 6, 1.980. 

Speakers to be notified by 4:30 p.m., 

February 2Q, 1980. 

ADDRESSES: Public meetiDg to be held 

at: Department of Energy, Room3OOOA. 

12th and Pennsylvania Avenue. N.W .. Washington, D.c.. at 9:00 a.m. on March 

6, 1980. 

Comments. requests to speak at the 

meeting and statements to: u.s. . Department of Energy, Office of 

Conservation and Solar Energy. Energy 

Efficiency Standards for Consumer 

Products. Docket No. CAS-R.M-79-115, 

Mail Station 2.2.21c. 20 Massachusetts 

Avenue NW., Washington. D.C. 20585. 

FOR FURTHER INFORMATION CONTACT: . 

James A. Smith. U.S. Department of Energy, 

Office of Conservation and Solar Energy, 

Division of Buildings and Community 

Systems. Consumer Products Efficiency 

Branch. Room·2248, 20 Massachusetts 

Avenue NW., Washington. D.C. 20585. (202) 

376-4814. 

Carol A. Snipes (HeBl'in8 Procedures). U.s. 

Department of Energy, Office of 

Conservation and Solar Energy. Hearings 

and Doc.\ets. Room 3235, Mail Station 

2221C, 20 Massachusetts Avenue NW .. Washington. D.C. 20585. (202) 376-1651. 

Washington. D.C. 20585. (202) 376-1100 •. 

SUPPLEMENTARY INFORMATION: 

L IntroductionA. Planned Regulatory Action . B. Purpose and Scope of Thia Notice 

n. Legislative FrameworkA. Baclcground 

B. Energy Efficiency Standards 

C. Implementation Process 

D. Planned Phase-in of Standarda 

m. Product Types, Likely Product 

Classes and Tentative Determinations 

Concerning Maximum Technologically 

Feasible Energy EfficiencyA. Definitions 

B. Tentative Determinations of' 

Maximum Technologically Feasible 

Energy Efficiency 

C. Criteria for Selection of Claues 

D. Product Class Rationale 

IV. Data Needed for the Development 

of Proposed Energy Efficiency 

Standard&-

_. A. Development of Proposed Eaergy 

Efficiency Standards _ B. Spe~c Data Requested froJll 

Manufacturers 

C. Classes of Consumer Product for 

Which Data are Requested 

V. En.fDrcement 

VI. Consmner Participation 

VB. Environmental Review 

vm. Comments on Issues 

IX. Comment Procedures 

X. Oral Presentation: Conduct of 

Meeting -

J. JaIrocIactioa 

The Act defines energy efficiency 

standards as performance standards. 

which means that they will establish t

· minimum energy efficiency level 

required to be achieved by each unit o

• ccwered product type or class, but w

DOt prescribe the methods. processes, 

materials to be used to achieve any 

particular efficiency level The 

staDdarda will apply only to new 

products manufactured after the · effective date of the final rule. 

B. Purpose and Scope of This Notice 

Section 325(1)(3) of the Act requires DOE. as the first step in establishing 

energy efficiency standards for heat 

pumps, to publish this advance notice 

proposed rulemaking-which is rquired 

specify the product classes to which 

atandards are likely to apply, and to 

invite comments from interested perso

relevant to establishing energy A. Planned Regulatory Action efficiency standards. . 

SectiGD 325 of the Energy Policy and DOE expects that the comments 

Cosnervation Act (EPCA) (Pub. L. 94- NCeived as a result of this advance 

163), Il1!I amended by section 422 of the aotice will provide additional technic

. and economic information which will National Energy Conservation Policy assist DOE in developing a notice of Act (NECPA) (Pub. L. 95-619). requires th d 

1hat the n artm nt f Energy [DOE) proposed rulemaking at is expecte 

. ep e o. dards be published in August of 1980. prescnbe energy effiClency stan. Accordingly. this notice presents a 

for the .types of consumer pr:>ducts listed _ discussion of DOE's approach to the 

in Section 322(a) of the Act. ~ese ' development and implementation of th

consumer pro~ucts are sometime! standards. Ensuing sections deal with 

referred to as covered products. the legislative background. the 

Standards f?r heat pumps are required .tandarda implementation process:t1i

to be-prescnbed no late! than December probable phase-in period for the 

1~. Standards for refrigerators and standards. the development of propos

refrigerator-freezers, freezers •. clothes -staadards. a listing of the product 

dryers. water heaters, room 81l' dasses to which standards are likely 

cond!tion~, home heating equipment apply, the enforcement program, DOE

(not mcluding furnac:es)' kit,chen reses present views regarding the maximum 

and ovens, central 81l' conditioners technolOgically feasible efficiency lev

(other than heat pumps), and furnace. for each class of product. and a reque

are required to be prescribed no later for data from manufacturers. A more 

than December 1980'.An advance ~ce detailed discussion of these subjects of proposed rulemaking for these nme will be provided in the "Regulatory 

lTbla IUId lubsequent m_ to the .. ~, 

IUId to HCtiOnl of the Act. mer to EPCA. .. uumded by NECPA. 

Analysis Statement for Appliance 

Energy Efficiency Standards" which w

he available upon request from Mr. 
F8deral Regiater I VoL 45, No. 18 I Wednesday, January is,1980 I Proposed Rules S603 

James A. Smith, at the address indicated 

at the beginning of this advance notice, 

and the DOE Freedom of Information 

Office. maD station CD-US. U.S. 

Department of Energy. Fortestal 

BuDding. Independence Avenue and 

L'Enfant Plaza. SW .• Washington. D.c.. 

20585. at the time the proposed rule ia 

published. .' 

_·lnterested persons are invited to 

provide views. written presentations of 

~d arguments relevant to 

establishing energy efficiency standards 

,.~ps. ' 

D.l.egislative Framework 

A. Background 

The energy conservation program for 

consumer products is designed to . 

encourage manufacturers to produce. 

and consumers to purchase. significantly 

more efficient consumer products. The 

legislative plan enacted by Congress 

sets forth two interrelated strategies for 

accomplishing this objective. The first 

strategy is to require manufacturers to 

produce more efficient products. and the 

second is to enhance consumer' 

acceptance of more efficient products. 

The first strategy. as contained in 

section 325 of EPCA prior to amendment 

by NECPA in November 1978, called for 

the promulgation of voluntary efficiency 

improvement targets representing 

aggregate industry levels of efficiency 

improvement that were to be achieved 

by 1980. As an incentive for the industry 

to achieve these targets. as reporting 

and monitoring systems was to be 

established by DOE to track industry 

progress. In the event that achievement 

of a target for a particular product 

appeared unlikely. DOE would have 

been required to initiate an administrative proceeding to prescribe a 

mandatory minimum efficiency standard 

for. the product in question. 

In the. National Energy Plan proposed 

by the President in April 1977. the 

voluntary target program was to be 

replaced with a mandatory ~um 

. efficiency standards program because of 

the voluntary nature of the targets and 

the anticipated long delays in . 

establishing standards if the target 

levels were not achieved. Section 422 of 

NECPA amends section 325 of EPCA to 

provide for a program similar to the . 

mandatory standards program fequested 

" by the President in the National Energy 

Plan. , The second strategy. set forth in 

section 324 of the Act. involves the 

development of a labeling program to 

. require that manufacturers label 

covered products with energy 

consumption information which will . assist consumers in making purchasing 

decisions: The Federal Trade 

Commission (FI'C) has the responsibility 

for developing the labeling rules and for 

lldministering the labeling program. The 

final rule for labeling of consumer products appeared in the Federal 

Register of November 19, 1979 (44 FR 

86466). 

'In conjunction with the issuance of 

the labeling rules. section 337 of the Act 

requires DOE to develop a consumer education program that will enhance 

consumer awareness of the labels and 

create a better understanding of the 

information provided on the labels. This 

is intended to encourage comparison 

shopping and to generate consumer ' 

demand for the more efficient products. 

As a consequence. it is anticipated that 

manufacturers will be infiuenced to 

expedite efficiency improvements for 

their various product lines to meet the 

market demand. 

In order to support these dual 

strategies. section 323 of the Act 

requires 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 assist consuml!rs in making 

purchasing decisions. DOE recently 

amended its central air conditioner test 

procedures to include a methodology for 

testing heat pumps (44 FR 76700 

December 27. 1979). Testing by 

manufacturers in accordance with these 

test procedures will serve as a basis for: 

(1) the energy cost and consumption 

information that may be required to be 

included on product labels under the 

FTC labeling program.and (2) 

representations by manufacturers . regarding the energy consumption of 

their product. 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 the test 

procedures. 

Further. compliance with the 

standards will be determined by using 

these procedures. . Test procudure design must be 

fiexible enough to allow for 

technological variation among different 

product lines within a product type. yet 

standa.¢ized enough to assure that 

different manufacturers' product lines 

will be subject to the ssame 

measurement critieria in order to' 

provide comparable measurements of 

energy consumption characteristics. 

DOE is aware that new products or 

designs will be developed which (1) do 

not fall under the product test procedure 

definitions (10 CPR 430.2) or (2) do fall 

under the definitions but which. when 

tested. refiect inaccurate efficiencies. 

DOE intends to address this issue in the 

notice of proposed rulemaking re~ating 

to energy efficiency standards. . 

B. Energy EffJciency Standards 

The 'Act requires that standards be 

prescribed for aU the consumer product 

types listed in section 322(a). Priority is 

required by the Act to be given to 

refrigerators and refrigerator-freezers. 

freezers. clothes dryers. water heaters. 

room iUr conditioners. home heating 

equipment. kitchen ranges and ovens. 

central air conditioners. and furnaces. 

As noted above. those product types 

were the subject of an advance notice 

published in the Federal Register on 

January 2. 1979 (44 FR 49). An advance . notice of proposed rulemaking for 

dishwashers. television sets. clothes 

washers. humidifiers and dehumidifiers 

appeared in the Federal Register on 

-December 13.1979 (44 FR 72276). In 

addition to those product types and heat 

pumps. which are covered by today" 

advance notice. the Act also permits 

DOE to prescribe standards for other 

product types which meet certain 

criteria stated in section 325(a)(2). A list 

of such products which DOE considers 

may be subject to standards is required 

to be published no later than November 

1980, but the list may be revised 

thereafter. ' 

The standards preScribed. including 

any 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 section 

326(b). however. no standard can be 

prescribed for a particular type of class 

of covered product if (1) there is no DOE 

test procedure for the type 'Or class: or 

(2) DOE determines. by rule. that the 

establishment of a standard for the 

particular type or class would not result 

in significant conservation of energy or 

is not technologically feasible or 

economically justified. 

Section 325( d) provides that before 

DOE determines whether a standard is 

economically justified. it must first 

solicit comments on a proposed 

stimdard in accordance with the 

procedure set forth in sections 336(a) 

and 325(i). After reviewing 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 
1604 Federal RegiJIer I Vol. 45; No. "16 I Wednesday, January 23, 1980 I Proposed Rules 

. the consumers of the FOducts subject to 

such standard; .. " 

(2) The savings In operating costs . throughout the estimated average lIfe of 

the covered products in the type {or 

class), compared to any ~ase in the 

price of, or In the initial charges for, or 

maintenance expenae8 of. the covered 

-products which are likely to result from 

th. e ~Sition of the atandard; .~;4 e total projected amount of 

energy savings likely to result directly " lzplJJlw lmposition of the stasdard; . " 

" l'() MY lessening of the utility or the 

performance of the covered products 

likely to result from the impostion of the 

standard;·" • 

(5) The impact of any lessening of 

campetitan. detennined In writing by the . 

Attorney General, that is likely to result 

from the imposition of the standard: ~ 

(6) The need of the Nation to ~anserve 

energy; and 

(7) MY other facton which DOE 

considers relevant. 

Sectioa 325{f) provides that minimum 

energy efficiency lenIa do DOt have to 

be identical for all products within a type or clasa. ProductI that con8W1Ht 

different ~ of energy, or that have a 

capacity or other pedormam:e-related 

feature different from ather products 

within the lame type or class. can be 

required to have higher or lower eneJV 

efficiency levels. 

Section 325 (e) providel tbat 

manufacturers having annual grosa 

revenues of less than $8,000,000 (within 

the meaning of that paragraph) may 

apply to DOE for exemption for up to 24 

months from any ltandarda.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 likel)' result in a 

lessening of competition. 

Other provisions provide for: (1) a " 

review of test procedurea within three 

years ofNECPA enactment. section 

323{a){7); (2) reevaluation of the 

standards. within fiye years of 

prescription. section 325(h); (3) 

supression of state energy efficiency 

regulations under the conditions and 

procedures specified in section 327: and 

(4) authorit)' to use the powers 

otherwise available to the Secretary fo 

collect information relating to the energy 

efficiency of products or the economic 

impact of compliance with"the proposed 

standards requirements. section 326{d). 

Section 325m of the Act provides for 

enforcement provisions to assure that 

each covered product to whicll a 

standard applies meets the required . 

minimum energy emci~cY level. DOE 

expects that such provisions will include 

testing by the lIl81lumcturer and 

submission of information to DOE . before a manufacturer introduces 

products into commerce. Section 333 provides that any person 

who knowingly violates any provision of 

section 33Z (which lists prohibited acts) 

shall be subject to civil penalties. 

Other enforcement-related provisions -

of the Act provide for: (1) DOE to 

prescribe rules requiring manufacturers 

to allow DOE to observe and inspect 

results of testing conducted by the 

manufacturer 91' his agent. section 

32f1{b)(5): (2) a manufacturer to supply to 

DO a reasonable number of products for 

testing purposes, section 326{b)(3); (3) a 

manufacturer to submit information or 

reports necessary to ensure compliance. 

section 326(d); and (4) injunctive relief 

against any prohibited act, including 

distribution of non-complying products, 

section 334. . 

C. Implementation Procen 

Section 325(l} outlines the process by 

which the standards are to be 

prescribed. Tbie process diffm'l from 

that followed in the target program in 

one important respect. Section 325(i)(3) 

requires DOE to identify, in the 

praposed rule, the maximum 

improvement in energy effi~nc:y that is 

techriologically feasible for each type (or 

class) of product. and to justify any 

.decilrion not to propose a standard 

designed to achieve such efficiency. 

DOE will hold a public mm:ing during 

the comment period following 

publication of this advance notice in 

'order to familiarize the public with the 

standards program and to achieve the 

highest possible degree of industry and 

consumer awareness, involvement. and 

comment. 

Bued-upon amunents and specific 

data received from this advance notice 

and information otherwise annable, 

DOE will issue a notice of praposed 

rulemaking proposing specific standards 

for heat pumps. The praposal is 

scheduled to be issued in August 1980. 

The final rule is required by the Act to 

be published no later than two years 

after puhlication of this advance notice. 

Under section 325(i), the standards may 

not become effective earlier than 180 

days after publication of the final rule in 

the Federal Register. 

To inform interested citizens who may 

. wish to contribute information, DOE will 

make available a background document 

(Regulatory Analysis Statement for 

Appliance Energy Efficiency Standards) 

at the time the notice of proposed 

rulemaking is published. This will 

contain a discussion of the product 

classes, levels of efficiency, and the 

analytical conCepts used in preparing 

the standards described in that notice. 

D. Planned Ph08e-ln of Standards 

Section 325{c) allows for the phasingin of standards over a period of up to 

five years through the establishment of 

intermedia te standards. Use of the full 

five-year period would provide 

manufacturers with the greatest possibl

planning and development time, and 

thus, it would appear that they would be 

better able to meet higher final 

standards than might otherwise be the 

CBse were a shorter period adopted. 

Accordingly, DOE tentatively plans to 

utilize the full phase-in period and will 

probably propose final standards which 

are to be achieved by November 1986. 

To assure that manufacturers make 

steady progress toward the 1986 

standards, intermediate standards are 

likely to be proposed. to he effective in 

May 1982. These standards will take 

into account the short lead time that 

manufacturers will have had to make 

design changes. 

Another option which DOE is 

exploring would be to have different 

phase-in periods for the various product 

classes. This alternative might permit 

maximum efficiency levels to be 

reached over shorter time periods, but 

DOE lacks the information about the 

efficiency improvement posaibilities for 

individual classes of products that is 

needed in order to consider this 

approach at this time. 

m. Product Types, Likely Product 

Classes and Tentative Determination of 

the Maximum Technologically Feasible 

Energy Efficiency 

A. Definitions 

For purposes of this notice: "Energy 

efficiency standard" means a 

perfQrmance standard (as opposed to a 

design standard) which prescribes for 

each unit of a covered product a 

minimum energy efficiem:y leveL Energy 

efficiency standards include test 

procedures prescribed in 10 CFR Part 

430, Subpart B. and any requirements on 

manufacturers which DOE determines 

are necessary to assure that each ,

covered product to which a standaJd 

applies meets the required minimum 

energy efficienc), level specified in the· 

standard. 

"Minimum energy efficiency level" 

means the minimum value of the 

measure of efficiency (Le., beating , 

seasonal performance factor or annual 

performance factor, dermed and 

measured according to DOE test 

procedures in 10 CFR Part 430, Subpart 

B), which each unit of a covered produc

must meet or exceed in order to be in 

compliance with an energy efficiency 

standard. 
Federal Register /.Vol. 45, No. 16 / Wednesday, }ai1uary 23, 1980 I Proposed Rules &605 

''Type'' of covered products means 

one of the categories of consumer products designated in Section 322{a) of 

the Act. For example. central air 

conditioners are a type of covered • product. . 

"Class" of covered products means a group of covered products. the functions or intended uses of which are simiJar. A 

class ~ofCoverd products is subject to a 

single eBergy efficiency standard. Such 

stshdllrlI may prescribe either the same minimum energy efficiency level of all of ,~odels of the class, or 

different minimum energy efficiency 

levels for basic models which are 

distinguished by capacity or other 

performance-related features that. affect 

efficiency and utility. For example, air 

source single package heat pumps are a 

class of covered product. 

B. Tentative Determinations of the 

Maximum Technologically Feasible 

Energy Efficiency 

In the proposed rule, DOE is required 

to identify the maxiinum improvement in 

energy efficiency that is teclmologically 

feasible for each class of covered 

products. In order to facilitate the 

gathering of data. vi3ws and arguments, 

DOE is offering for consideration a 

definition of the term "maximum 

technologically feasible energy 

efficiency" and presenting in Table I 

DOE's tentative determination of such 

efficiencies based on 197s data. The 

values in Table I may be modified in the . proposed rule as a result of either . 

modifying the definitioD. obtainin8 

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 olthe 

proposal. . . For purposes of this advance notice. 

the term "maximum technologically 

feasible energy efficiency" means, for 

each class of covered products, the 

highest value of the measure of energy 

efficiency (i.e., heating seasonal 

performance factor or annual 

performance factor, defined and 

measured according to DOE test 

procedures) of any basic model that is 

commercially available at the time of 

proposal Based on this definition. 

DOE's tentative determinations of the 

maximum technologically feasible 

energy efficiency for each product class 

are listed in Table I. As mentioned, 

earlier, those efficiency figures are 

based on products commercially 

available in 1978. 

Table I. Likely Classes and Tentative Determination of Maxiaum 

Technoloqically Feasible Energy Efficiencies 

COVERED PREl'"'NARY ~XI"V" TECHNOLOGICALLY 

PRODUCT TYPE CLASS FEASIILE ENERGY EFFICIENCY 

CENTRAL AIR AIR SOURCE, SINGLE ~ACKAGE 7.65 Btut.ett-hr (A~F), for .ini.um 

CONO I 11 ONERS HEAT PUMP· de5ign beating requir .... ts· 

(HEAT PUMPS) . 6:37 Btu/watt-hr (APf), for maximum 

des>g" heating requlr.nents* 

AIR SOURCE, SPLIT SYSTEM_ 8.29 Btul __ tt-hr' (Arf). for .'nl~ 

MEAT PUKP design heating requirements· , 

6.9' Btu/watt-hr (APF), for MaxiMUm 

- design heating.requlrements. 

..AIR SOURCE, SPLIT SYSTDl 9.52 Btu/watt-hr (NSPF), for aini.ua 

IlEATI'" OtIlY IlEAT PUMP design heating requirements. 

'/ 

7.f.8 It.ulwatt-ht" (lI$Pf), for _al_ 

design heating requlrements* 

• Based on best datll available to OOE. 

APF • Annual Perfonaanca factor, for climatic region No. IV. HS~F. Meating Seasonal Perfol'lllllne:e f.tICt9", for ctlNtle: region Ro. TV. 

In this advance notice, DOE has 

identified two separate "maximum 

technologically feasible efficiency" 

values for each clals of heat pump: 

''minimum design heating requirements" 

and ''maximum design heating 

requirements." The DOE test 

methodology for heat pumps defines 

design heating requirement as "the 

amount of heating required to maintain 

a given indoor temperature at a 

particular 9utdOOr design temperature." 

The procedure for calculating "minimum 

design heating requirements'~ and 

''maximum design heating 

requirements" are specified in Section 

5.2 of 10 CFR part 430, subpart B, 

appendix M. The specified values of 

''maximum technologically feasible 

efficiency" are for climatic region No. 

IV, which is defined in section 6 of the 

aame appendix. Climatic region No. IV 

is representative of typical heat pump 

usage. 

C. Cn1eria for Selection of Classes 

DOE bas segregated the basic models 

ofheat pumps 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. The classes . 

identified in Table I have been derived 

on the basis of performance-related 

features which affect efficiency and 

utility. For each class, the discussion 

which follows states the rationale for 

establishing minimum energy efficiency 

levels different from those which apply 

to other classes within the same product 

type. The same minimum energy 

efficiency level is likely to apply to each 

basic model within a particular class. 

D. Product Class Rlltionale 

Central Air Conditioners (Heat 

Pumps). Separate classes of central air 

conditioners which provide heating 

(heat pumps) are specified because of 
5606 . Federal Register I Vol. 45. No. 16 I Wednesday, January 23. 1980 I Proposed Rules 

their different utility and perfor:rp.ance 

characteristics. 

Three classes of air source heat 

pumps (air source single package heat 

pumps, air source split system heat 

pumps and air source split system 

heating only heat pumps) are specified 

in this notice. These classes are . 

distinguished by their configuration, or 

. -by performance-related features. either 

of which may affect utility and 

.. «f'Hftency. This advance notice applies 

only to air source units since DOE has 

"' .. irtly prescribed test procedures 

only for air source heatpumps. 

Heat pumps are segregated according 

to whether lIley are single package 

systems or split systems (separated 

indoor and outdoor components 

connected by refrigerant and electrical 

lines). The split systems are further 

segregated by whether they have the 

. capability for both heating and cooling. 

or for heating only. 

Single package systems are located 

entirely outside the building. and 

provide increased useful interior space. 

This can be an important advantage in a 

locetion where space availability is a 

significant problem. Technical 

information avsilable to DOE indicetes 

that the efficiency of single package 

systems tends to be lower than that of 

split systems. Minimum efficiency levels 

appropriate for split systems may not be 

achievable by single pa~age systems. 

For these reasons. DOE is specifying 

separate classes for single package and 

split system heat pumps. 

Split systems have been further 

segregated into those which provide 

both heating and cooling and those 

which provide heating only. Heating 

only units offer a distinct advantage in 

climates that do not need.a cooling unit, 

but the split system heating and cooling 

units have greater utility in temperate 

climates. Minimum efficiency levels 

appropriate for heating only split 

systems may not be achievable by 

heating and cooling split systems 

operating in their heating mode. For 

these reasons, DOE is specifying a 

separate class for heating only split 

systems. 

IV. Data Needed for the Developmant of 

Proposed Euergy Efficiency Standards 

A. Development of Proposed Energy._ 

Efficiency Standards 

Section 325(i} of the Act requires DOE 

. to determine the maximum improvement 

in energy efficiency that is . 

technologically feasible for each type (or 

class) of covered product in proposing a 

standard. If the proposed standard is not 

designed to achieve such efficiency, 

DOE is required to state in the proposed 

rule the reasons therefor. If any 

standard is proposed at a level below 

that which is the maximum 

technologically feasible. the reasons for 

such a proposal are expected to be 

primarily economic. i.e., related to the 

seven factors identified by Congress in 

aaction 325(d} of the Act which must be 

considered to the extent practicable in 

determining whether a standard is 

economically justified. In order to 

supplement available data for 

identifying any reasons for not 

prop~sing a standard at the maximum 

technologically feasible level. DOE has 

developed Forms C8-179(A) and C8-

179(B) as shown below. Comments 

received in response to this advance 

notice will also be used in identifying 

those areas which require additional 

data prior to determining final 

standards • 

. B. Spedfic Data Requested From 

Manufacturers 

. Each private labeler. importer or 

manufacturer of heat pumps is requested 

to complete a Form C8-179(A) and Form 

C8-179(B) for each separate class of 

product (per Table n below). These 

forms, which have been reviewed by the 

Office of Management and Budget 

(OMB), are requested to be completed in 

accordance with the detailed 

instructions set forth below. Data can be 

submitted individually or in aggregated 

format. which aggregation for DOE's 

purposes may be performed by trade 

associations or other groups at 

commenters' discretion, in accordance 

with applicable anti-trust laws. 

Any questions regarding the manner 

in which these forms should be 

completed or the type of aggregation 

useful to DOE should be directed to Mr. 

James A. Smith of DOE. at the address 

and phone number shown at the 

beginning of this notice 

C. Classes of Consumer Products for 

Which Data Are Requested. 

Table n below shows the tentative 

classes of consumer products for which . 

Form CS-l79(A) and Form C8-179(B) 

are requested. 

TABLE IL-TentatIve Product CIIIIM 

Instructions for Completing Repor

Form.C8-179(A) Survey of Consu

Product Manufacturers 

1. Product 7)pe.-Refer to Tabl

Select the generic name for the typ

the consumer product being repor

Enter this name in the space provi

. 2. Produd Class.-Refer to Tab

For the appropriate product type, 

the generic name for the class of t

consumer product being reported. 

this name in the space provided. 

3. Corporate Name.-SeIfexplanatory. 

4. Corporate Addres8.-SeIfexPlanatory. 

5. Model Number. 

Euter the model numbers for all 

models manufactured during calen

year 1978 which fall under the typ

class of consumer product being 

reported. 

Please nOte.-You are requested 

select. at your option, one of the tw

reporting procedures described be

follow for the purposes of reportin

.uch products. 

(1). Report pn.each major comp

of the product separately. If a maj

component of a product has not b

assigned its own model number, i

it by the product's model number 

enclosed by parentheses. 

(2). Report on the product a8 &w

In this case. items 5 through 9 and 

to be reported for the product as a 

. whole and items 10 through 17, an

through 22 are to be reported for t

major components of the product. 

component-specific entry is to be 

followed by the code letters for th

applicable product class for the 

component. enclosed by parenthe

The code letters for the product cl

taken from the title of the product 

are taken from the second column 

Table m For example, the code le

for an air source single package h

pump are SP. __ 

6. Domestic Shipments.-Enter 

number of units (in thousands) of 

model shipped by the manufactur

directly to wholesalers andl or re

during calendar year 1972. If the m

was not in production in 1972 but 

replaces a model which was in 

production in 1972, enter the num

units of the preceding model so sh

enclosed by parentheses; otherwi

., enter zero. 

• 

7. Enter the number of units of e

model shipped by the manufactur

directly to wholesalers and/or ret

during calender year 1976. In case

where a new model was introduc

after January 1, 1978, enter the tot

number of units of that model so 

ahipped during the year followed 
Federal Register I VoL 45, No. 16 I Wednesday, January 23, 1980 I Proposed Rules &807 

date (month and day) that the first unit 

was so shipped. 

8. Enter the projected number of units 

of each model that would be shipped by 

the manufactUrer directly-to wholesalers 

and/or retailers during calendar year 

1980 if there were no DOE Consumer 

Product Efficiency Standards Program. 

9. Same as 8, but for 1985 instead of 

1980. 3:~"""".-. 

10. Eriergy Consumption per DOE _ 1Wt~ter the estimated yearly energy 

consumption of the calendar year 1972 

J~ version of the model had it 

been tested in accordance with the DOE 

test procedures. If the model being 

reported was not in production in 1972, 

enter the estimated yearly energy 

consumption of the preceding model 

enclosed by parentheses. 

11. Enter the yearly energy 

consumption of the calendar year 1978 

production version of the model 

determined in accordance with the DOE 

test procedures. If t~st data are not _ available. enter estimated figures and 

note as an "estimate." 

12. Enter the projected yearly energy 

consumption of the calendar year 1980 

-production version of the model 

determined in accordance with the DOE 

test procedures if there were no DOE 

Consumer Product Efficiency Standards 

Program. 

13. Same as 12, but for 1985 Instead of 

1980. 

14. Energy Ef/icency per DOE TesLEnter the estimated energy efficiency 

(heating seasonal performance factor or 

annual performance factor as -

appropriate) of the calendar year 1972 

production version of the model had it 

been tested in accordance with the DOE 

test procedures. If the model was not in 

production in 1972 but replaces a model 

which was in production in 1972, enter 

the estimated efficiency of the preceding 

model enclosed by parentheses. 

15. Enter the efficiency of the calendar 

year 1978 production version of the 

model being reported determined in 

accordance with the DOE test -

procedures. If test data are not 

t.'I8Uable. enter estimated figures and 

note as an "estimate." 

16. Enter the projected efficiency of 

the calendar year 1980 production 

version of the model being reported 

determined in accordance with the DOE 

test procedures. assuming there were no 

DOE Consumer Product Efficiency 

Standards Program. 

17. Same as 16, but for 1985 instead of 

1980. . . 18. Estimated Average Retail Price.-

List estimated average retail price in 

1978 dollars. 

19. Design Options.-List the features 

of the design of the model that make it a 

more energy efficient unit than other . 

models of comparable utility. Refer to 

Table IV for a listing of the type of 

design options to be identified. 

20. Enter the estimated "real-life" 

- energy savings associated with each 

design option as the percentage 

difference between the energy 

consumption of model and what the 

actual or projected energy consumption 

of the model is or would be if it did not 

incorporate the design option into its 

design. 

21. Enter the energy savings associated 

with each design option det~rmined in 

accordance with the DOE Test 

procedures. Quantify this energy savings 

1n terms of a percentage as described in 

20. 

22. Product CharacteristicS.-Refer to 

Table IV. Provide, for each modeL the 

product characteristics listed. Whenever 

a measure is requested. e.g., capacity, 

wattage, etc., it is to be understood that 

the measure requested is that 

determined in accordance with the 

Department of Energy's test procedures 

for consumer products. 

ItIU.ING CODE. l41Oo01-II 
CAS-RM-79-115 COMMENT 01 

5608 Federal Register, Vol. 45, No. 16 , Wednesday, January 23, 1980 , Proposed Rules 

(1) Produc~·Type 

(2) Product Cla .. --------------- (3) Corporate Name ____________ _ (4) Address _______________ _ 

Est. et.. 

'78 '78 'so 'S5 '78 

.. ~; \ 

CS FORM 17' ~A) ~, 1\, ! 

SURVEY OF C SU"£R ~ MANUPACTURERS 

PACE IF I! . , PACES 

Enerqy IlV nq8 

per DOE Test(\) 
Federal Register I Vol. 45. No. 16 I Wednesday. January 23. 1980 I Proposed Rules 5609 

INS71I.UCTIONS FOR COMPLETING 

1I.EPORTING FORM C5-179(B) 

SURVEY OF CONSUMER PRODOCT 

MANUFACTURERS 

This form bas been developed by the 

U.s. Department of Energy for the 

purpose of collecting information on 

consumer products manufactured during 

calendar, year 1978. The information 

requisted will serve as input to the 

technological and economic 

'b'aeD1fients to be performed by DOE in' 

the process of developing energy ,,·~·sta.ndards for consumer 

products. . 

Important Note: Complete Reporting 

Form #CS-l79(A) before completinB this 

form. , 1. Product 7)rpe.-Refer to Table U. 

Select the generic name for the type of 

consumer product being reported. Enter 

this name in the space provided. 

2. Product Class.-Refer to Table U. 

For the appropriate product type, select 

the generic name for the class of the 

consumer product being reported. Enter 

this name in the space provided. 

3. Corporate Name.-Selfexplanatory. 

4. Corporate Add1'8s4.-SeIfexplanatory. 

5. Unit Model Number(s).-&tter the 

model number of the 1978 model being reported. . . 6. Doe Test Procedure Efficiency.-

Enter the energy efficiency of the model 

(heatinB seasonal performance factor or 

annual performance factor, as 

appropriate) determined in accordance 

with the Department of Energy's test 

procedures for consumer products. If 

test data are not available, enter 

estimated figures and note as a. 

"estimate." 

7. Product Characteristi'cs.-Refer to 

Table m. column C. Provide. for each 

modeL the product characteristics listed. 

Whenever a measure is requested. e.g.. 

capacity. wattage, etc., it is to be 

understood that the measure requested 

is that determined in accordance with 

the Department of Energy's test 

procedures for consumer products. 

Special Note for Item 8-13.~ne 

purpose of this section of the form is to 

obtain manufacturer's projections of the 

changes that they would effect in the 

design of the model being reported in 

order to achieve certain energy 

efficiency levels. The other purpose is to 

obtain manufacturer's projections of the 

timing and impacts (price and 

investment) of effecting these changes in 

design if they were to be adopted. 

6. Energy Efficiency Level.-Refer to 

Table IV. Three or more energy 

efficiency levels bave been identified for 

each product type and class listed. 

Identify the levels that.pertain to the 

model being reported based on the 

product type and class entries made in 

items 1 and 2 of this form. Enter the 

lowest level listed at the top of the 

column for this item unless this level is 

'lower than that of the model being . reported (item 8) in which case enter the 

lOwest level listed which is greater than 

the model's efficiency. Proceed to 

complete items 9 through 13 for this 

entry then return to the listing of energy 

efficiency levels. select the next higher 

level listed. and enter this level in the 

column for this item. Proceed to 

complete items 9 through 13 for this next 

higher energy efficiency level Repeat 

this' procedure for the remainder of the 

energy efficiency levels listed. 

9. Design Options Required-Refer to 

Table m. column B. A list of design 

options is presented for each product 

type. Using this list. identify the design 

options or combination of design options 

that. if incorporated into the design of 

the model being reported. are projected 

to achieve the energy efficiency level 

• identified in item 8 at the lowest cost to 

the manufacturer. Enter the code letters 

which correspond to the design options 

identified in this item in columnar form. 

IIILIJNG CCXIE .......... 
5618 Federal Register I Ve1.,45, No. 16 I Wednesday, January 23, 1980 I Proposed Rules 

. 

~ 

Table Ill. Design OptiollS and Product Characteristics 

(COLUMN A) (COLUMN 5) (COLUMH ,e) . 

-PRODUCT DESIGN OPTIONS PROOUCT CHARACTERISTICS 

- - ~EffrnAL A I R A - Improve Heat ·ExchaPger a) Cooling capacity in Btu per hour 

C.ONDlTIONERS Effjciency b) Heating capacity in Btu per hour ~r'PUMPS) 

. B - Improve Compressor Efficiency . 

"' 

C - Improve Outdoor Fan Motor 

Efficiency 

D - Improve Indoor Fan Motor - Efficiency 

E - Improve Defrost Perfonnance , .- -' 

Table IV. Energy Efficiency Levels 

(COLUMN A) (COLUMN B) PRODUCT TYPE PRODUCT CLASS 

.. 

, 

CENTRAL AIR AIR SOURCE, SlNGLE PACKAGE 

CONDITIONERS HEAT PUMP 

(HEAT PUMPS) 

AIR SOURCE, SPLIT SYST£M 

HEAT PUMP 

-

AIR SOURCE, SPLIT SYSTEM 

HEATING ONLY HEAT PUMP , 

*Minimum design heating requirements '*'*Maximum design heating requirements 

(COLUMN C) ENERGY EFFICIENCY LEVEL 

(SEE BOTTOM OF PAGE 

FOR EXPLANATION OF SYMBOLS) 

APF APF APF 

...L ...L ..L 

4.93* 6.28* 7.65* 

4.72** 5.66** 8.37*'* 

7.75* 8.02'* 8.29* 

6.27'*'* 6.60'*'* 6.94** 

HSPF HSPF HSPF 

...L ....L ...L 

7.64* 8.58* 9.52* 

6.55** 7.12'*'* 7.68'** 

APF • Annual Performance Factor (Btu/watt-hr) for'climatic region No. tv 

HSPF • Heating Seasonal Performance Factor (Btu/watt-hr) for ~limatic 

region No. IV 

IIWNG CODIIoCIOo01ooC 
Federal Register I Vol. 45, No. -16 I Wednesday, January 23.1980 I Proposed Rules 5611 

If there are design options which the 

manufacturer would employ to achieve 

levels which do not appear in the list in 

Table m. column B. identify them 

.pecifically on the form. 

If the model cannot be modified to 

achieve an energy efficiency level. enter 

the abbreviation "NA" for not 

applicagle in this item for the level. No 

-.furth!!l' entries need be made on the form fot the model being reported. __ 1OrA.ctual Efficiency Level 

Achieved-When applying design _ diIh ...... from (9) to achieve certain 

efficiency levels in (8). it is likely that 

exact levels will not be achieved. 

Record the .level of efficiency that will 

be achieved when certain options are added to the individual basic models. 

11. Lead Time for Production.-For 

each design option listed in item 9. enter 

the year and month that the first 

production unit of the model 

incorporating the design option would 

be manufactured. 

12. Increase in Suggested Retail _ Price.-For each design option listed in 

item 9. enter the estimated increase in 

the retail price of the model if the design 

option were incorporated into its design. 

13. Change in InvestmenL-For each 

design option listed in item 9. estimate. on a per unit basis. the cost of the new structures. machinery. and equipment 

that would be required for production of 

the model if the design option i. 

incorporated into its design. Expres. 

such estimates in terms of1978 dollars. 

IIIIJ.IIIG CODE· 14&000,.... 

, 

-". 
'CAS~RM'"-19-1 15" COMMENT 01 , 

&812 Feder~ Register.' VoL 45. No. 16 , Wednesday, January 23. 1900 I Proposed Rules 

(1) Product Type. ______________ _ 

(2) Product Cia •• , (3) Corpora~e Name, 

CS FORM 179 (8' ..~. \ 

SURVEY OF CONSUMER PRObuc+MARuFACTUR2RS 

PAGE I OF 1 I 'PAGES 

i '/' I' 1.1 {4, . Corpora~e Addre ••• ~ ____ --____ ---------------------- (5) Unit Hodel Number,a) (6) DOE 'I'e.t Procedure EffIcIency ______ ---,,--__ (7) Product Characteristic., ________________ _ 

,e, 

Bner,y Efficiency 

. Level 

(9, 

D .. i,n 

Option. 

Required 

C1O) 

Actual 

Bfficiency Lavel 

Achieved 

(11) 

Lead '1'1_ 

for 

Production 

(12' Increa.e 1n 

Retail Price 

(U, 

Cban,e 1n 

Inve8t ... n~ 
'"' 

- Federal Register I Vol. 45, No. 16 I Wednesday, January .23, 1980 I Proposed Rules 6613 

V. EDforc:ement 

An enforc:ement program i. exPected 

to be included in the notice of proposed 

ruiemaking, .pecifying proposed .' 

-requirements on manufacturers for 

demonstrating compliance with 8 

.tandud. a. well as Pnlposing the 

actions DOE could take to aasur8 

compliiilce. . 

:DOE-has begun an analysis of 

"I!Iftforcanent Pnlgram alternatives which 

evaluates ongoing Federal. Stale and : tiIil_, programs. The different 

,approaches are being analyzed 

according to the overall program costs 

and benefits, including costs to 

manufacturers, consumers, and the 

Government. An important part of this 

evaluation includes contact with 

manufacturers and trade assOciations. 

The programs that have been 

evaluated include the following: 

1. Environmental Protection Agency; 

a. Product Noise Enforcement Program 

b. Automobile Exhaust Emission 

Certification Program 

2. National Highway Traffic Safety 

Administration; Enforcement of Motor 

Vehicle Safety Standards . 3. Department of Deferise/Fleet 

Ballistic missiles: Procurement 

Standards 

4. State of California; Enforcement of 

Appliance Energy Efficiency Standards 

5. Association of Home Appliance 

Manufacturers; Certification Program for 

Room Air Conditioners 

6. Air Conditioning and Refrigeration 

Institute; Certification of Unitary Air 

Conditioners 

7. Underwriters Laboratory; Product 

Safety Certification . 

. In providing any comments or. 

alternative approaches. commenlers 

should focus on the enforcement 

authority granted in the Act (discussed 

in section n B of this notice) and the 

potential impacts of implementing 

various approaches available pursuant 

to this authority. 

VI. Consumer participation 

Because of the direct impact of the 

standards on individual consumers, 

DOE wishes to achieve in the standards 

development process the maximum level 

of consumer participation possible. To 

assist the Department in achieving this 

goaL a public meeting will be held in 

Washington. D.c.. at the time and place 

.pecified at the beginning of this notice. 

Representatives of consumer groups 

and individual consumers are urged to 

attend this meeting and to make oral or 

written statements regarding the 

standards program. DOE is mailing 

copies of this advance notice to all 

Individuals and consumer organizations 

- identified as having an interest in selected on the basis of utility and 

standards development. pedormance-related features. DOE 

Additional information regarding would like to receive comments 

. consumer preference is expected to be pertaining to the proposed classes. If 

received from a survey to be conducted additional classes are recommended. the 

under DOE direction. The survey will be recommendations should include the 

used to determine, with respect to rationale for the establishment of such 

energy efficiency, what products ba~e classes baseC:l on the clast selection 

been purchased and what products criteria discussed above. ' 

consumers expect to purchase. Data 3. For purposes of this notice. DOE 

from this survey will be used in DOE's bas defined the "maximum 

demand analysis studies to determine technologically feasible energy 

the economic impacts of pnlposed efficiency" in section m B. DOE invites 

ttandards. . comments on this definition and on the 

DOE requests interested persoris to preliminary efficiency levels listed in 

submit suggestions and comments Table L 

regarding the methods that DOE should 4 DOE' ch th d I consider in order to maximize consumer . s approa to e eve opment of an energy efficiency standard 

participation in the development of enforcement program has been 

standards. discussed in section V. Suggestions 

VB. Enviloamental Review relating to a compliance and 

. This advance notice of proposed enforcement program would be most 

ruiemaldng is being published primarily valuable in the early stagea of program 

to invite comments from the public development. In providing any 

regarding the establishment of energy comments or alternative approaches, 

efficiency standards for certain . manufacturers, trade associations and 

consumer products. This action \8. the general public should focus on the 

informational in nature, and does not enforcement authority granted in the Act 

commit the agency to any specific (discussed in section n B) and the 

course of action at this time. DOE haa effectiveness and potential impacts of 

therefore determined that this advance implementing various approaches 

notice does not constitute a major pursuant to this authority. 

Federal action significantly affecting the 5. DOE believes, on the basis of 

quality of the human environment information currently available, that 

within the meaning of the National retail prices vary widely for pnlducts of 

Environmental Policy Act of 1969 similar efficiencies produced by 

(NEPAl, 43 U.s.c. 4321 et seq. different· manufacturers. Further, retail 

Consequently, an environmental prices of identical products 

analysis is not necessary in connection manufactured by a single manufacturer 

with its publication. vary widely. DOE is interested in 

An appropriate environmental . quantifying the economic factors that 

analysis Will be made in connection " are most important in accounting for the 

with the proposed'rulemaldng and numerous retail pricing strategies found 

information regarding the environmental in the marketplace. 

analysis will be issued concurrently 8. Costs to operate consumer products 

with publication of the Notice of vary widely across the Nation due to 

Proposed Rulema!dns different costs of energy, climatic 

variations, and the different ways in 

vm. Comments on Issues which consumers use these products. 

lasues and questions relatin8 to the DOE is interested in receiving comments 

development of standards are found regarding methods that could be used to 

throughout this notice. The fonowing list assess the impact of these variable costs 

of issues, while highlighting some of the on the minimum level of energy 

major areas of interest to DOE. is not efficiency that should be reflected in the 

intended to be comprehensive and standards. 

should not be construed aa limiting the 7. DOE has identified the data 

tcope of'comments relating ~ this requested from manufacturers in Section 

notice. IV B. DOE invites Comments on the data 

1. DOE intends to phiJse in the' requested in Form CS-179(A) and Form 

.standards over a five-year period. aa CS-179(B). 

described in this notice, with the final IX. Comment Procedures 

ttandards becoming effective no later 

than November 1988. DOE is interested 

in comments relating to this schedule 

and other altemtive phase-in schedules. 

2. DOE has identified the product 

types and classes to which standards 

are likely to apply. Product classes were 

Interested persons are invited to 

participate in the development of 

.tandards by submitting, to the address 

indicated at the beginning of this notice, 

data, views or arguments with respect to 

the subjects set forth·in thi.I notice. 
5614 - , Feeleral Register I VoL 45, No. 16 I Wednesday, January 23, -1980 I Proposed Rules 

Comments should be identified on the 

outside of the envelope, and on 

documents submitted to DOE. with the 

designation. ''Energy Efficiency 

Standards for Consumer Products 

(Docket No. CAS-RM-79-115}.," Fifteen 

copies are requested to be submitted. 

but this is not a requirement for , -,"8ubmItting comments .. . -Persons responding to this advance - ..1''11otit:e may consider part or all of their 

comments to be of a confidential nature. --~,a 1118.8 the release of certain types of 

'- information might be deemed to cause 

8ubstantial competitive injury. U any 

person believes that any information 

8ubmitted is covered by the .exemption 

to the Freedom of Information Act 

dealing with trade secrets and 

commercial or financial information 

obtained from a person and considered 

privileged or confidential (5 U.S.C. 

552(b)(4)), the person should so state at 

the time of submission and request that 

DOE treat.this information as 

confidential. Factors of interest to DOE 

when evaluating requests to treat as 

confidential information that has been 

submitted include: (1) a description of 

the item: (2) and indication as to 

whether and why such items of 

information have been treated by the 

8ubmitting party as confidential. and 

whether and why such items are 

customarily treated as confid,!!iltial 

within the industry; (3) whether the 

information is generally knoWn or 

available from other sources; (4) 

whether the information has previously 

been made available to others without 

obligation concerning its confidentiality; 

(5) an explanation of the competitive 

injury to the submitting person which 

would result from public disclosure; and 

(6) an indication as to when such 

information might lose its confidential 

character due to the passage of time. 

DOE is also interested in obtaining , views on what specific types of 

information warrant consideration 

under the exemption set forth in 5 U.S.c. 

SS2(b)(4). Examples of specific types of. 

information might include: 

1. Num~ of units produced annually, 

by model. . %. Fa~ory shipment price of each 

model. 

8. Total employment. by product type. 

: 4. Estimated cost increase to meet a 

proposed standard. by model. 

5. Annual capital investment. by 

product type. 

Pursuant to the provisions of 10 CFR 

1004.11, any person submitting 

information or dala which he believes to 

be confidential and exempt by law from 

public disclosUre should submit one 

complete copy, and fifteen copies from 

which the information believed to be 

confidential has been deleted. In 

accordance with the procedures 

established at 10 CFR 1004.11, DOE shall 

niake its own determination with regard . to eny claim that information submitted 

be exempt from public disclosure. 

All comments received on or before 

the date specified !it the begi.nnirig of 

this advance notice will be considered 

by DOE in developing the proposed 

standards. The comment period will 

extend beyond the 45 day comment 

period specified in section 32S(i)(1)(B) of 

the Act because DOE's policy pursuant 

to Executive Order 12044 requires at 

least a 60 day comment period. Further, 

DOE believes that the additional time 

will result in more meaningful response 

to this notice, and this extension will not 

result in delay of the legislated 

timetable for the prescription of 

8tandards. . 

X. Oral Presentation: Conduct of 

Meeting 

Any person who has an interest in 

this pl'Q.ceeding. or who is a 

representative of a group of -persons 

haying an interest. may make a written 

request for an opportunity to make an 

oral presentation at the public meeting 

to be held on the date indicated at the 

beginning of this notice. Such requests 

should be labeled both on the document 

and on the envelope, ''Energy Efficiency 

Standards for Consumer Products 

(Docket No. CAS-RM-79-11S)," and 

should be sent to the address indicated 

at the beginning 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 is a 

proper representative of a group that 

has an interest. and give a phone 

number where he may be contacted. 

DOE reserves the right to select the 

persons to be heard at the meeting, to 

schedule the respective presentations. 

and to establish the procedures 

governing the conduct of the meeting. 

The length of each presentation may be 

limited. due to the number of persons 

requesting to be heard. U time permits. 

the official conducting the meeting may 

accept additional comments or 

questions from those attending. 

The meeting will not be a judicial or 

evidentiary-type hearing. Except during 

those periods when comments or 

questions are requested from the floor. . questions Will be asked only by the 

persons conducting the meeting. Any 

further procedural rules needed for the 

proper conduct of the meeting will be 

announced by the presiding officer. 

. A transcript of the meeting will be 

made, and the entire record of the 

meeting. including the transcript. will be 

retained by DOE and made avaIlable f

inspection at the DOE Freedom of 

Information Office in the Forrestal 

Building, Independence Avenue and 

L'Enfant Plaza, S.W Of Washington. D.C

between the hours of 8:00 a.m. and 4:30 

p.m.. Mon~ay through Friday. Any 

person may purchase a copy of the 

transcript from the transcribing reporte

Issued in Washington. D.C.. January 15, 

1980. 

T. E. Stellon, 

AssistarJt Secretary. Conservation and Sola

Ene11lY. 

(J'R Doc. II)...ZUt flied 14-80: 8:4S am) 

8ILLIffG COOlE .........0, ....