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# •

. 

# . Wednesday January 23, 1980



# Part VII , 

# .



# Department of Energy

Office of Conservation and Solar Energy

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.Departmentof

OffIce of Conservation and Solar _ _ Elergy, Office.fGeneral Counsel.ltooa 

## types ofconsumer. products appeared in

· the Federal Register ofJanuary 2, 

### 1979

(44 FR 49). 

### That advance notice did not apply to heat pumps, which are central air

### conditioners that provide beating and

### may also provide cooling. because 

### DOE had not at that time developed test procedures applicable to heatpumps. 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 ofproposed rulemaking lorthese five types of

consumer products appeared in

### the Federal Register ofDecember 13, 1979 (44 FR 72276). -. : SZZ8. 2Q MaasachuJetts Avenue NW

.. 

### Energy

.


### 10CFR Part 

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

Inervi Conservation Program for Consumer Products; Advance Notice 'ofProposed Rulemaklng and Request for Public Comments Regarding 

## EiiefDy "Efficiency Standards for 

### Heat Pumps

. . AGENCY: 

### Department ofEnergy.
ACTION: 

### Advance notice ofproposed 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 standardsfor heat pumps no later than 

### January 1982. The purpose ofthis advance notice ofproposed 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 ofEnergy, 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 ofEnergy, Office of Conservation and SolarEnergy. 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 ofEnergy,

Office ofConservation and Solar Energy, Division ofBuildings 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 ofEnergy, 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 

### ofThia Notice 

# n. Legislative FrameworkA. 

### Baclcground 

### B. Energy Efficiency Standards C. Implementation Process 

### D. Planned Phase-in ofStandarda 

# 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 

### ofClaues D. Product Class Rationale IV. 

### Data Needed for the Development ofProposed Energy Efficiency Standard&-

_. A. 

### Development ofProposed Eaergy 

### Efficiency Standards

_



### B.**Spe~c** 

### Data Requested froJll Manufacturers

C. Classes ofConsumer Productfor Which Data are Requested

V. En.fDrcement VI. 

### ConsmnerParticipation 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 willestablish the

·minimum energy efficiency level required to be achieved by each unit of

• ccwered product type or class, butwill DOt 

### prescribe the methods. processes, or materials to beused to achieve any 

### particular efficiency levelThe staDdarda will apply only to new products manufactured after the

· effective date ofthe final 

### rule.

B. Purpose andScope 

### ofThis Notice



### Section 325(1)(3) ofthe Act requires 

### DOE. as the first step in 

### establishing energy efficiency standards for heat pumps, to publish this advance notice of proposed rulemaking-which is 

### rquired to specify 

### the product classes to which atandards are 

### likely to apply, and to invite comments from interested persons relevant to establishing energy A. 

### PlannedRegulatoryAction 

### efficiency standards.

.

SectiGD 

### 325 

### ofthe 

### Energy Policy and DOE expects that the comments Cosnervation Act (EPCA) 

### (Pub. 

### L. 94- 

### NCeived as a result ofthis advance 163), Il1!I 

### amended by 

### section 422 ofthe aotice will provide additional technical

.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 

### fEnergy [DOE) proposed rulemaking at is expecte to

. ep 

### e o. dards be 

### published in August of 1980. prescnbe energy effiClency stan. Accordingly. this notice presents a for the .types ofconsumerpr:>ducts listed

_ discussion ofDOE's approach to the in Section 322(a) ofthe Act.

### ~ese ' development and implementation ofthe 

# J

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:t1ie to be-prescnbed no late! than December probable phase-in period for the

### 1~. Standards for refrigerators and 

### standards. the development ofproposed refrigerator-freezers, freezers•. clothes -staadards. a listing ofthe product dryers. water heaters, room 81l' 

### dasses to which standards are likely to**cond!tion~,** 

### home heating equipment apply, the enforcement program, DOE's (not mcluding furnac:es)' kit,chen reses present views regarding the maximum and ovens, central 81l' 

### conditioners technolOgically feasible efficiency levels (other than heat pumps), and furnace. for each class ofproduct. and a request

are required to be prescribed no later for data from manufacturers. A more than December 1980'.An advance

### ~ce detailed discussion ofthese subjects ofproposed rulemaking for these nme 

### willbe provided in the "Regulatory

lTbla IUId lubsequent 

### m_to the

..**~,** IUId to HCtiOnl ofthe Act.

## mer toEPCA.

.. uumded by NECPA. 

### Analysis Statement for Appliance Energy Efficiency Standards" which 

### will 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 ofthis advance notice, and the DOE

### Freedom of Information Office. maD station CD-US. U.S. Department ofEnergy. 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 provideviews. written presentations of**~d** arguments relevant to establishing energy efficiency standards**,.~ps.** ' D.l.egislative Framework


### A. Background

The energy conservationprogram 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 ofmore efficient products.

The first strategy. as contained in section 325 ofEPCA prior to amendment by NECPA in November 1978, called for the promulgation ofvoluntary 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 ofa target for a particular product appeared unlikely. DOE would have beenrequired 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 ofthe targets and the anticipated long delays in

. establishing standards 

### ifthe 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 ofthe Act. involves the development ofa labeling program to

.require that manufacturers label covered products with energy consumption information which 

### will

. assist consumers in making purchasing decisions:The FederalTrade Commission (FI'C) has the responsibility for developing the labeling rules and for lldministering the labeling program. The 

### final rule for labeling ofconsumer products appeared inthe Federal Register 

### ofNovember 19, 1979 (44 FR 86466).

'In conjunction with the issuance of the labeling rules. section 337 ofthe Act requires DOE to develop a consumer education program that

### will enhance

consumer awareness ofthe labels and create a betterunderstanding ofthe 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. itis 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 ofthe Act requires that DOE develop test procedures for the determination of estimated annual operating costs and at least one othermeasure ofenergy 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 testprocedures 

### 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 mustbe 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 testprocedure 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 ofproposedrulemaking**re~ating** to energy efficiency standards.

. 

### B. EnergyEffJciency

### Standards

The'Actrequires that standards be prescribed for aU the consumerproduct types listed in section 322(a). Priority is required by the Act to be given to refrigerators andrefrigerator-freezers. freezers. clothes dryers. waterheaters.

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 ofproposed 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 coveredby 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 ofsuch 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 economicallyjustified. Under section 326(b). however. no standard can be prescribed for a particular type ofclass ofcovered product 

### if(1) there is no DOE test procedure for the type'Or class: or (2) DOE determines. by rule. that the establishment ofa standardfor the particular type or class would not result in significant conservation ofenergy or is not technologically feasible or economically justified.

Section 325(d) provides thatbefore DOE determines whether a standardis economicallyjustified. it must first solicit comments on a proposed stimdard in accordance with the procedure set forth in sections 336(a) and 325(i). Afterreviewing comments on the proposal. DOE must then determine that thebenefits ofthe standard exceed its burdens based. to the greatest extent practicable. on a weighing ofthe following seven factors:

(1) The economic impact ofthe 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 

### inthe

### 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 

### " lzplJJlwlmposition 

### of the stasdard; . " 

### " l'() MY lessening ofthe utility orthe

performance ofthe covered products likely to resultfrom the impostion 

### ofthe standard;·" •

(5) The impact ofany lesseningof campetitan. detennined 

### In writing 

### bythe

. Attorney General, that is likely 

### to result 

### from the imposition 

### ofthe 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 orclasa. 

### ProductI that con8W1Ht different**~** of

### energy, orthat have a capacity or other pedormam:e-related feature differentfrom atherproducts within the lame type or class. can 

### be required 

### to have higher 

### or lowereneJV efficiency levels.

Section 325 (e) providel 

### tbat manufacturers having annual grosa
revenues ofless than $8,000,000 (within the meaning ofthatparagraph) may apply to 

### DOE for exemption for up to 

### 24 months 

### from any ltandarda.requirement. This authority maynotbe 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 ofcompetition.

Otherprovisions provide for: (1) a " review of

### testprocedurea 

### within three years ofNECPA enactment. section 323{a){7); (2) reevaluation 

### ofthe 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 ofproductsor the economic impact ofcompliance 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

### ofinformation to DOE

. before a manufacturerintroduces

products into commerce.

Section 333 provides 

### that any person 

### who knowingly violates any provision 

### of section33Z (which listsprohibited acts) shall be subject

### to 

### civil penalties.

Other enforcement-related provisions

- oftheActprovide for: (1) DOE to prescribe rules requiring manufacturers to allow DOEto observe 

### and inspect results oftesting conducted

### by the manufacturer 91' his agent. section 32f1{b)(5): (2) a manufacturer

### to supply to DO a reasonable number ofproducts 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 ofnon-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 importantrespect. Section 325(i)(3) requires 

### DOE to identify, in the praposedrule, the maximum improvement in energy**effi~nc:y** 

### that is techriologically feasible for eachtype (or class) ofproduct. 

### and to justify any .decilrion not to propose a standard designed to achieve such efficiency.

DOE will hold a public mm:ing during the commentperiod following publication ofthis advance notice in 'order

### to familiarize the public with the standards program and to achieve the highest possible degree ofindustry and

consumer awareness, involvement. and comment.

Bued-uponamunents 

### and specific data received 

### from this advance notice and information otherwise annable, DOE will issue a notice ofpraposed 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 afterpuhlication of this advance notice. Under section 325(i), the standards may not become effective earlier than 180 days afterpublication 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 Statementfor Appliance Energy Efficiency Standards)
at the time the notice ofproposed rulemaking ispublished. This will contain a discussion ofthe product classes, levels of efficiency, and the analytical conCepts used inpreparing the standards described in thatnotice. 

### D. PlannedPh08e-ln of Standards
Section 325{c) allows for 

### the phasingin ofstandards over a period ofup to five years through the establishment of intermediate standards. Use ofthe 

### full five-year period would provide manufacturers with 

### the greatestpossible 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 shorterperiod adopted. Accordingly, 

### DOE tentativelyplans 

### to utilize the 

### full phase-inperiod 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 DOEis 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 ofproducts that is needed inorder

### to consider 

### this approach at this time.


# m. ProductTypes, Likely Product Classes 

### and Tentative Determination of the MaximumTechnologically Feasible Energy Efficiency


### A.

### Definitions

For purposes ofthis notice: "Energy efficiency standard" means a perfQrmance standard (as opposed to a design standard) which prescribes for each unit of a coveredproduct 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

. 

### .i

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 ofthe

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 ofa covered product 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'' ofcovered products means
one ofthe categories ofconsumer products designated in Section 322{a) of the Act. For example. central air conditioners 

### are a type 

### ofcovered

• product.

. "Class" 

### ofcoveredproducts

### means a group ofcovered products. the 

### functions

or intended uses ofwhich 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 ofall 

### of**,~odels** 

### ofthe 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. Forexample, air

source single package heat pumps 

### are a class ofcovered product.

B. Tentative Determinations 

### ofthe Maximum TechnologicallyFeasible EnergyEfficiency



### In the proposed rule, DOE is required to identify the maxiinum improvement in energy efficiency that is teclmologically feasible for each class ofcovered products. In order to facilitate the gathering ofdata. vi3ws and arguments, DOE is offering for consideration a definition ofthe term "maximum technologically feasible energy efficiency" and presenting inTable 

### 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 ofeither

.

modifying

### the 

### definitioD. obtainin8 better information regarding the 

### highest levels ofenergy efficiency ofbasic 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 ofcovered products, the highest value ofthe measure of energy efficiency (i.e., heating seasonal performance factor or annual performance factor, defined and measured according to DOE test procedures) ofany basic model that is commercially available at the time of proposal Based on this definition. DOE's tentative determinations 

### ofthe 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 I11 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. 

### Inthis advance notice, DOEhas identified two separate "maximum technologically feasible efficiency" values for each clals ofheat pump: ''minimum design heatingrequirements" and ''maximum design heating requirements." The DOE test methodology for heatpumps defines design heating requirement as "the amount ofheating 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 climaticregion No. IV, which is defined in section 6 ofthe

aame appendix. Climatic region 

### No. IV is representative oftypical heatpump usage. 

### C. Cn1eriaforSelection ofClasses

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 ifDOE. receives data. views and arguments which justify changes. The classes

. identified inTable I have been derived

on the basis ofperformance-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 ClassRlltionale
CentralAir Conditioners (Heat Pumps). Separate classes of central air conditioners which provide heating (heatpumps) 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 systemheat 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



### ofwhich 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 whetherlIley 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 ofsingle package systems tends to be lower than that of split systems. Minimum efficiency levels appropriate for split systems may notbe 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._ EfficiencyStandards

Section 325(i} ofthe Act requires DOE

. to determine the maximum improvement

in energy efficiency that is

. technologically feasible for each type (or class) ofcovered product in proposing a standard. 

### Ifthe proposed standard 

### is not designed to achieve such efficiency, DOE is required to state in the proposed rule the reasons therefor. 

### Ifany standard is proposed at a level below thatwhich 

### is the maximum technologically feasible. the reasons for such a proposal are expected to be primarily economic. i.e., related to the

sevenfactors identified by Congress in aaction 325(d} ofthe Actwhich must be considered to the extent practicable in determining whether a standard 

### is economicallyjustified. 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. SpedficData Requested From

Manufacturers

. Each private labeler. importer or manufacturer ofheat pumps is requested to complete a Form C8-179(A) and Form C8-179(B) for each separate class of product (perTable 

## nbelow). These forms, which have been reviewed by the Office ofManagement and Budget (OMB), are requested to be completed in accordance with the detailed instructions set forth below. Data can be submitted individually orin aggregated format. which aggregation for DOE's purposes maybe performed by trade associations or othergroups 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 ofDOE. at the address and phone number shown at the beginning ofthis notice


### C. Classes ofConsumerProductsfor 

### Which Data

### AreRequested.

Table 

## nbelow shows the tentative classes ofconsumer products for which

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

are requested.

TABLE IL-TentatIve Product CIIIIM Instructions for Completing Reporting Form.C8-179(A) Survey of Consumer Product Manufacturers



### 1. Product 7)pe.-Refer to Table

# n. Selectthe generic name for the type of the consumerproduct being reported. Enter this name in the space provided.

. 2. 

### Produd Class.-Refer to Table II. For the appropriate product type, select the genericname for the class ofthe

consumerproductbeing reported. Enter this name in the space provided.



### 3. Corporate 

### Name.-SeIfexplanatory.

4. 

### CorporateAddres8.-SeIfexPlanatory.

5. 

### ModelNumber. Euter the model numbers for all ofthe models manufactured during calendar year 1978 which fall under the type and class ofconsumerproductbeing reported.

Please nOte.- You are requested to select. at your option, one ofthe two reporting procedures described below to follow for the purposes ofreporting on .uchproducts.

(1). Report pn.each major component ofthe product separately. 

### Ifa major component of

## aproduct has not been assigned its own model number, identify itby the product's model number enclosed by parentheses.

(2). Report on the product a8 &wh/?le. In this case. items 5 through 9 and 18 are to be reported for the product as a

.whole and items 10 through 17, and 19 through 22 are to be reported for the major components ofthe product. EaGh component-specific entry is to be followed by the code letters for the applicable product class for the component. enclosed by parentheses. The code letters for the product classes taken from the title ofthe product class

are taken from the second column of Table 

## m For example, the code letters for an air source single package heat pump are SP.

__

6. 

### Domestic Shipments.-Enter the number ofunits (in thousands) ofeach model shipped by the manufacturer /" directly to wholesalers 

### andlor**retaile~** during calendar year 1972. 

### Ifthe model

was not in production in 1972 but replaces a model which was in production in 1972, enter the number of units ofthe preceding model so shipped enclosed by parentheses; otherwise,

., enter zero.



# • 7. Enter the number ofunits ofeach model shippedby the manufacturer

. directly to wholesalers and/orretailers during calenderyear 1976. In cases where a new model was introduced afterJanuary 1, 1978, enter the total number ofunits ofthat model so ahipped during the year followed by the

### 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 ofunits ofeachmodel that would be shipped by the manufactUrer directly-to wholesalers and/orretailers during calendaryear 1980 

### ifthere were no DOE Consumer Product Efficiency StandardsProgram.

9. Same as 8, but for 1985 instead of 1980.**3:~"""".-.**



### 10. 

## EriergyConsumptionperDOE

_**1Wt~ter** the estimated yearly energy consumption ofthe calendar year 1972**J~** version ofthe model had it beentested in accordance with the DOE test procedures. 

### Ifthe model being reported was not inproduction in 1972, enter the estimated yearly energy consumption ofthe preceding model enclosed by parentheses.

11. Enter the yearly energy consumption ofthe calendaryear 1978 production version ofthe model determined in accordance with the DOE testprocedures. 

### If**t~st** data are not

_ available. enter estimated figures and note as an "estimate."

12. Enter the projected yearly energy consumption ofthe calendaryear 1980 -production version ofthe model determined in accordance with the DOE test procedures 

### ifthere were no DOE ConsumerProductEfficiency Standards Program.

13. Same as 12, butfor 1985 Instead of 1980.

14. 

### EnergyEf/icency perDOE TesLEnter the estimated energy efficiency (heating seasonal performance factor or annual performance factor as

- appropriate) ofthe calendaryear 1972 production version ofthe model had it been tested in accordance with the DOE test procedures. 

### Ifthe model was not in production in 1972 but replaces a model which was in production in 1972, enter the estimated efficiency ofthe preceding model enclosed by parentheses.

15. Enter the efficiency ofthe calendar year 1978 production version ofthe model being reported determined in accordance with the DOE test

- procedures. 

### Iftest data are not t.'I8Uable. enter estimated figures and note as an "estimate."

16. Enter the projected efficiency of the calendaryear 1980production version ofthe model being reported determined in accordance with the DOE test procedures. assuming there were no DOE ConsumerProduct Efficiency Standards Program.

17. Same as 16, but for 1985 instead of 1980.

.

. 18. 

### EstimatedAverageRetailPrice.- List estimated average retail price in 1978 dollars.



### 19. Design Options.-List the features ofthe design of the model that make it a more energy efficient unit than other

. models ofcomparable utility. Refer to Table IV for a listing ofthe type of design options tobe identified.

20. Enter the estimated "real-life"

- energy savings associated with each

design option 

### as the percentage difference between the energy consumption ofmodel and what the actual orprojected energy consumption ofthemodel is orwould be 

### ifit 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 

### 1nterms ofa percentage as described in 20.



### 22. Product CharacteristicS.-Refer to Table IV. Provide, for eachmodeL the product characteristics listed. Whenever

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

### itis to be understood that the measure requested is that determined in accordance with the Department ofEnergy's test procedures for consumerproducts.
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.EPORTINGFORM C5-179(B) SURVEYOFCONSUMER 

### PRODOCT MANUFACTURERS



### This form bas been developed bythe U.s. Department ofEnergy for the purpose ofcollecting 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 ofdeveloping energy**,,·~·sta.ndards** 

### for consumer products.

.

Important Note: Complete Reporting Form #CS-l79(A) 

### before completinB this 

### form.

,

1.

### Product 

### 7)rpe.-Referto Table U. 

### Select the generic name for the type of

consumer productbeing 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 ofthe

consumer product being reported. Enter this name in the space provided.

3. Corporate Name.-Self

### explanatory.

4. 

### CorporateAdd1'8s4.-SeIf

### explanatory.

5. Unit

### ModelNumber(s).-&tter 

### the model number ofthe 1978 

### model being reported.

.

. 6. Doe 

### TestProcedure 

### Efficiency.- 

### Enter the energy efficiency ofthe model (heatinB seasonal performance factor or annual performance factor, as appropriate) determined in accordance with the Department ofEnergy'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 ofEnergy's test procedures for consumerproducts.

SpecialNoteforItem**8-13.~ne** 

### purpose ofthis section ofthe form is to obtain manufacturer's projections ofthe changes that they would effect in the design ofthe model being

### reported in order to achieve certain energy efficiency levels. The other purpose is to obtain manufacturer's projections ofthe timing 

### and impacts (price and investment) ofeffecting these changes in 

### design if

### they were to be adopted.

6. 

### Energy EfficiencyLevel.-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 ofthis 

### form. Enter the lowestlevel listed at the top ofthe column for this 

### item unless this level is 

### 'lower than that ofthe 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 

### ofenergy efficiency levels. select the next higher level listed. and enter this 

### level in the column for this 

### item. Proceed to 

### complete items9 

### through 13 

### for this 

### next higher energy efficiency level Repeat this' 

### procedure for the remainder ofthe energy efficiency levels listed.

9. Design 

### Options 

### Required-Referto Table

# m. column B. A 

### list ofdesign options is

### presented for each product type. Using this 

### list. identify the design options or combination ofdesign 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__ ._ ... _".,.**~** ...- ••-4-::



### Federal Register 

# I Vol. 45, No. -16 

# I Wednesday, January 23.1980 

# I Proposed Rules 5611

Ifthere are design options which the manufacturer would employ to achieve levels which do not appearin the list in Table

# m. column 

### B. identify them .pecifically on the form.



### Ifthe 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.ctualEfficiencyLevel

Achieved-When applying design



### _diIh

......from (9) 

### to achieve certain 

### efficiency levels in (8). itis likely that exact levels 

### will not be achieved. Record the .level ofefficiency that 

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



### 11. Lead 

### TimeforProduction.-For each design option listed in item9. enter the year and month that the first production unit ofthe model incorporating the design option would 

### be manufactured.

12. 

### Increase in 

### SuggestedRetail

_ Price.-For each design option listed in item 9. 

### enterthe estimated increase in the retail price ofthe model 

### ifthe design option were incorporated into its design.



### 13. Change inInvestmenL-For each design option listed in item 

### 9. estimate.

on a per unit basis. the cost ofthe new structures. machinery. and equipment that would berequired for production of the model 

### ifthe 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 beincluded in 

### the notice ofproposed ruiemaking, .pecifying proposed .' -requirements onmanufacturers 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 importantpart ofthis evaluation includes contact with manufacturers and trade assOciations.

The programs that have been evaluatedinclude the following:

1. Environmental Protection Agency;

a. Product Noise Enforcement Program b. Automobile ExhaustEmission Certification Program

2. National HighwayTraffic Safety Administration; Enforcement ofMotor Vehicle Safety Standards

.

3. Department ofDeferise/Fleet Ballistic missiles: Procurement Standards

4. State ofCalifornia; Enforcement of Appliance Energy Efficiency Standards

5. Association ofHome Appliance Manufacturers; Certification Program for Room 

### Air Conditioners

6. 

### Air Conditioning and Refrigeration Institute; Certification ofUnitary 

### 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 

## nB ofthis notice) and

### the potential impacts ofimplementing various approaches available pursuant to this authority. 

### VI. Consumer participation

Because ofthe direct impact ofthe standards on individual consumers, DOE wishes to achieve in the standards development process the maximum level 

### ofconsumer participation possible. To assist the Department in achieving this 

### goaL a public meeting 

### will be held in Washington. D.c.. at the time andplace .pecified at the beginning ofthis notice.

Representatives ofconsumer 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 ofthis advance notice to 

### all Individuals and consumer organizations - identified as having an interestin selected on 

### the basis ofutility and standards development. pedormance-related features. DOE

Additional information regarding would like to receive comments

. consumer preference 

### is expected to 

### be pertaining to the

### proposedclasses. If receivedfrom a survey tobe conducted additional classes are recommended. the underDOE direction. The survey 

### will be recommendations should include the used to determine, withrespect 

### to rationale for the establishment of such energy efficiency, whatproducts**ba~e** classes baseC:l on the clast selection beenpurchased and what products criteria discussed above. '

consumers expect to purchase. Data 3. Forpurposes ofthis notice. DOE from this survey 

### will beused inDOE's bas defined the 

### "maximum demand analysis studies to determine 

### technologically feasible energy the economic impacts 

### ofpnlposed 

### efficiency"in section 

## mB. 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. discussedin sectionV. Suggestions VB. Enviloamental 

### Review relating to a compliance and



### . This advance notice ofproposed enforcement program would be most ruiemaldng is being publishedprimarily valuable in the early stagea ofprogram to invite comments from the public development. Inproviding any regarding the establishment ofenergy comments or alternative approaches, efficiency standards for certain

. manufacturers, trade associations and

consumerproducts. 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 

## nB) and the

course ofaction 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 ofthe human environment information currently available, that within the meaning ofthe National retail prices vary widely for pnlducts of Environmental Policy 

### Act of 1969 similar efficiencies produced 

### by (NEPAl, 43 U.s.c. 4321 

### etseq. different·manufacturers. Further, retail Consequently, an environmental prices ofidentical products analysis is notnecessary 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 consumerproducts with publication of

### the Notice of vary widely across the Nation due to ProposedRulema!dns different costs ofenergy, 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 ofstandards are found regarding methods that could be used to throughout 

### this notice. The fonowing list assess the impact ofthese 

### variable costs ofissues, while highlighting some of

### the on the minimum level ofenergy major areas ofinterest to DOE. 

### is not efficiency that shouldbe 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) andForm 

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

. described in this notice, with the 

### final IX. Comment 

### Procedures ttandardsbecoming 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 theproduct types and classes to which standards

are likely to apply. 

### Product classes were Interestedpersons are invited to participatein the development of .tandards 

### by submitting, 

### to the address indicated atthe 

### beginning ofthis notice, data, views or arguments with respect 

### to the subjects setforth·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 ofthe 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 oftheir comments to be of a confidential nature.



# -**-~,a** 1118.8 

### the release ofcertain types of '- information might be deemed to cause 8ubstantial competitive injury. Uany person believes that any information 8ubmitted is covered by the .exemption to the Freedom ofInformation Act dealing with trade secrets and commercial orfinancial 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 ofinterest 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 ofthe 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 oftime.

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~** 

### ofunits produced annually, by 

### model.

.

%.**Fa~ory** 

### shipment price ofeach 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 bylawfrom public disclosUre should submit one complete copy, and fifteen copies from which the information believed to be 

### confidential hasbeen 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 orbefore 

### the date specified !it the 

### begi.nnirig of this advance notice 

### will be considered byDOE 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 commentperiod. Further, DOE believes that the additional time 

### will result in more meaningful response to 

### this notice, and this extension 

### will not result in delay ofthe legislated timetable for the prescription of 8tandards.

. X. Oral 

### Presentation: Conduct of Meeting



### Any person who has an interestin this pl'Q.ceeding. or who is 

### a representative ofa group of-persons haying aninterest. 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 ofthis 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 atthe beginning ofthis notice, by the time there specified.

The person making the request should briefly describe the interest concerned and. ifappropriate, state why he is a proper representative ofa group that has aninterest. andgive 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 respectivepresentations. and to establish the procedures governing the conduct ofthe meeting. The length ofeachpresentation may be 

### limited. due to the number ofpersons requesting to 

### be heard. Utime 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 ofthe meeting 

### will be 

### announced by the presiding officer.

. A transcript ofthe meeting will be 

### made, and the entire record ofthe meeting. including 

### the transcript. 

### willbe 

### retained byDOE and made avaIlable for inspection at the DOE Freedom of Information Office in the Forrestal Building, Independence Avenue and L'Enfant Plaza, S.WOf 

### Washington. D.C., between the hours of 8:00 

### a.m. and 4:30 p.m..**Mon~ay** 

### through 

### Friday. Any personmaypurchase a copy ofthe transcript from the transcribing reporter

.

Issued inWashington. D.C.. January 15, 1980. T. E. Stellon, 

### AssistarJtSecretary. 

### Conservation andSolar Ene11lY. (J'R Doc. II)...ZUtflied 14-80: 8:4S am) 8ILLIffG COOlE .........0,

....