.... 

27896 RULES AND REGULATIONS ;' 

be included in the. overall estimate. of conditioners pursuant to section 323 (42 

placarded hazardous materials cars ~ U.S.C. 6293) of ,the Energy Policy and . which a petition for approval must con- Conservation Act (Act) (Pub. L. 94-163). 

tain. ' By notice issued May 10, 1976 (41 FR 

the consumer of Imowing the estimated 

annual operating cost for room air conM 

ditioners which would be developed under 

FEA's proposal. 

Since this revision is purely procedural 19977, May 14, 1976), FEA proposed to 

and relates to regulations mandated by estab~h Part 430, entitled "Energy c;,0I?--

statute, it is not subject to the Depart- servatlOn Progra~ for Appliances, m ment of Transportation policy concern- Chapter n of Title- 10 of the Code of . ing the evaluation of'regulatory impact Federal Regulations. That notice proIn responding to these comments it is 

important to note that section 323(a) (4) 

(A) of the Act Imposes a duty upon tho 

Administrator to prescribe test prooo· 

dures for determlnlng the estimated nn· nual operating costs of room air condi· 

tioners and other covered products un· less he determines, pursuant to sections, 

323(a) (6) and 323 (b), that such test pro· • cedures cannot be "reasonably designed" or would be "unduly burdensome to con· duct." Moreover, in section 323 (b) (2). 

the Act requires that one element of the 

estimated annual operating cost shall be a representative average·use cycle, as ,determined by the Administrator. 

(41 FR 16200; April 16, 1976) . ~osed a Subpart.A: to !"art 430, containIn consideration of the foregoing, mg ge~~ral provISlons, and a SubP~rt C, 

paragraph (b) (7) (11) of Rule 2, pub- ~ontammg proposed energy efficlency 

lished at page 53030 of Vol. 41, FEDERAL unprovement ta:gets. A further ~roposal 

REGISTER is revised to read as follows: of Subpart C w~~ be necessary 1I!- order , to meet the reqUIrements of sectlon 325 

Rule 2 Approval procedure: Construc- (a) (1) of the Act as amended by section 

tion between one-third and one-nal/ 161 of the Energy Conservation and 

mile (1,760 to 2,640 feet) (536 to 804 Production Act (Pub. L. 94-385). 

meters) • By notice issued July 22, 1976 (41 FR .. .. .. .. .. 31237, July 27, 1976), FEA proposed an 

(b) ...... 

(7) ..... 

(li) number of DOT Specification 112A 

and 114A tank cars transporting flammable gas subject to FRA Emergency 

Order No.5. 

., .. .. .. .. 

amendment to proposed Part 430 to add a Subpart B which would contain the 

appliance test proceaures required to be 

prescribed by section 323 of the Act. 

Among its provisions, the notice issued 

July 22 set forth proposed test -procedures for room air conditioners. A no- tice clarifying the sampling provision of 

Issued at Washington, D.C., on May 10, the proposed air conditioner test proFEA has reviewed these comments, as discussed further below, and has deter· 

mined that it is appropriate to include in 

the test procedures which are being pre· 

scribed at this time for room all' con· ditioners a test procedure for the deter· 

mlnation of estimated annual operating 

costs, which test procedure incorporates a representative average·use cycle of 750 

1977. cedure was issued March 24,1977 (42 FR hours per year. 

BRUCE M. FLOHR, 

Df:puty Administrator. 

[FR Doc.77-15420 Filed 5-31-77;8:45 am) 

Title la-Energy 

CHAPTER II-FEDERAL ENERGY 

ADMINISTRATION 

PART 43G-ENERGY CONSERVATION 

PROGRAM FOR APPLIANCES 

Test Procedures for Room Air Conditioners 

AGENCY: Federal Energy Administration. ' 

ACTION: Final Rule. 

SUMMARY: This rule prescribes final 

test procedures for room air conditioners. 

Appliance test procedures are one element of the appliance energy efficiency 

program required by the Energy Policy 

and Conset;vation Act. 

EFFECTIVE DATE: July 5, 1977. 

FOR FURTHER INFORMATION CON-

'TACT: ' 

James A. Smith (Program Office), 

Room 307, Old Post Office Building, 12th and Pennsylvania Avenue NW., 

Washington, D.C. 20461 (202) 566-

4635 .. 

James E. Merna (Media Relations), 

Room 3104, 12th and Pennsylvania 

Avenue NW., Washington, D.C. 20461 

(202) 566-9833. 

Elliott D. Light (Office of the General 

Counsel), Room 5116-Federal Building, 12th and Pennsylvania Avenue 

NW., Washington, D.C. 20461 '(202) 

566-9750 or (202) 566-9380. 

SUPPLEMENTARY INFORMATION: 

A. BACKGROUND 

The Federal Energy Administration 

(FEA) hereby amends Chapter II of Title 

10, Code of Federal Regulations, in order, 

to prescribe'test pr~edures for room,air 

16811, March 30, 1977). Today FEA is 

establishing Part 430 as an amendment 

to Chapter II of Title 10, Code of Federal 

Regulations, by prescribing final room air . conditioner test procedures in Subpart 

B and certain associated definitions and 

general provisions in Subpart A of Part 

430. 

Both the July 22 and the March 24 no- tices solicited oral and written comments 

from interested persons. A public hear-

'ing on the July 22 noti::e was scheduled 

September 10, 1976. Because only one respondent, the Association of Home Ap- pliance Manufacturers (AHAM) , re- quested the opportunity to present its 

views orally. the public hearing,was not 

held. Instead, on September 30, 1976, the 

AHAM representativese prsented their 

views to FEA at a conference held in the 

offices of FEA. A hearing originally 

scheduled on April 15, 1977, for the 

March 24 notice was held on Apr-il 14, 

1977. 

B. DISCUSSION OF COMMENTS 

(a) Representative average·use cycle. 

The proposed regulations contained a representative average-use cycle repl·C· 

senting a national average annual air 

conditioner use time of 750 hours. Crlt· 

icism of the representative average·uso cycle was directed at the meaningfulness 

of any average annual use figure as well as the value of 750 hours contained in 

'lihe proposed regulations. It was also 

noted that the proposal was unclear as to whether this was 750 hours of opern· tion time or of compressor operating 

t.ime. 

The comments took issue with the use of a national average air conditioner us· age figure on the grounds that it would 

often either underestimate or overest!· 

mate ,the time of operation of a par· 

ticular all' conditioner, depending upon 

the geographic area in which it was used. 

Thus, any value for the estimated annual 

opera€ing cost of room air conditioners 

based on the average use fleure would 

be similarly inaccurate. The conclusion 

reached in the comments, however. wns Comments were received from both that test procedures for the estimated consumers and industry. Comments from annual operating cost should not be pre. consumers accounted for a majority of scribed at all. As discussed above, this is 

the comments received. Most of the com- not a viable alternative. No suggestions 

ments of consumers, however, concerned were provided with regard to how tho 

the content of the label and the manner estimated annual operating cost might be 

in which the energy-related information otherwise determined. 

should be expressed. As will be discussed Although the average annual operat. below, such comments are not relevant to ing time of air conditioners is admittedly 

this regulation, but will be considered in an approximation and may. in some the development of ' regulations pertain- cases, misstate the actual operating time 

ing to labels. Comments from industry of a particular unit, it is representative were directed to the label as well as more of actual use. Since the estimated nnnual 

technical questions concerning the pro- operating cost of all air condltloners wlll 

posed test procedure. The major issues be rated using the same value for the an. raised by the comments are discussed be- ' nual operating time, consumers will hnve 

low. a valid basis for comparing different 

1. Representative Average-Use Cycle units. The average-use figure thus effcc· 

and Useful In/ormation. Several com- tuates the purpose of the Act. For this 

ments focused criticism upon the deter- reason, it has been retained in the final 

mination of the representative average- regulations. use cycle for room air conditioners of 750 Comments were also directed at tho 

hours annually and upon the utility to 750 ,hour figure itself. The only data sub-

'FEDERAL REGISTER, VOL. 42, NO. lOS-WEDNESDAY, JUNE 1, 1977 
. 

RULES AND REGULATIONS 27897 

mitted were for air conditioner usage in representative of production units. Such sampling of. production units), may 

New York City for 1974-1975. The data testing includes cnlorimeter testing cthe differ. were neither fully explained nor was laboratory methodology incorporared in While the various parts of the applithere any attempt to show how the data. Appendix F). Production units are mon- ance prosram identified above are not in 

a1fect the national average. It should be itored to assure the accuracy of the eJ!ect at this t1m~, section 323(C} of the 

noted that the methodology used to ar- nameplate values by manufacturers Act pro\1des: 

rive at the 750 nour :figure included de- using test methods which correlate with ElrecUve 90 days after a test procedure rule 

termiIlation of the average hours of air the calorimeter procedure. applJcable to a. covered product is prescrfbed 

conditioner operation in 138 cities (in- - The industry objected to the tampling uuder this ~ection. no nunu!acturer. dtscluding New York) weighted by popula- provision on general grounds that it tributor. retaller or prIvate labeler ma7 make 

tion. A change in the value for New York would severely disrupt current industry IlDj representatfon- City would not significantly change the practice by requiring that the rating of (1) in v.T1Ung (Including a representation on a.lnbel). or value of the national average. air conditioning units be delayed unW (2) in any bro:ldcast ndvertls~ment. reIn the proposed regulations, the aver- after production was initiated. This could spectIng the energy' consumption of such 

age usage cycle was established to be 750 create serIous scheduling problems in product or coot of energy consumed by such 

hours. This value is adopted in the final their advertlslng and distrIbution pro- product. uul~ such proQuct has been tested 

regulations. The phrase "hours of com- grams. As an alternative, the industry -in a.ccordmlce w!th such test procedure and 

pressor operation" has been added to the proposed that nameplate vnlues be used such repre:;entntion fairly discloses the refinal regulations to make clear that the and that 'tolerances be plnced on actual sults or such testing. 

750 hour :figure applies to compressor _wt values related t6 the nameplate In order ''to el1mlnate the problems - operating time. . value. A manufacturer, under the indus- discussed above associated With a general . <b) Usefulness to Consumers. For try approach, must" demonstrate that a. sampling provision. proposed § 430.23(f) 

many of the reasons stated above, PEA particular production unit, when tested has 'been limited in the final test procebelieves that an estimated' annual oper- in accordance wIth the test methodology dures to testing whIch sectIon 323Cc) of 

ating cost for room air conditioners in", of Appendix F, would be within these the Act would require reg:m:Ung the adcorporating a. 750-hour representative tolerances. vertis1ng of room air conditioners. The 

average-use cYcle is likely to assist con- The purpose of PEA's sampling provi- sampling- requirements which apply only sumers in -making purcha,<;ing decisions. sion was to assure that the values deter- for purposes of advertising have been reMoreover the utility to the conSumer mined by a manufacturer for measures organJzed into § 430.24(f) of. the final 

of thiS information on appliance labels of energy consumption could be valldly test procedures. Section 430.24(f) is 

.is sUbject- to the fUrther review of the compared wIth the values of such mens- slmllar to proposed § 430.23(f) but with 

FI'C. Section 324(c) (1) <A) of the Act ures given by other manufacturers. FEA several r6'lislons. Most notably. the miits 

provides that the estinlated annual oper- also intended that testing of room air tested are required to be representative -ating costs may not be included on any conditioners not be unduly burdensome o! production units. or actual production 

label if the PrC "determines that such to conduct. The industry commented units. ThIs change is intended to reduce 

disc!osure ~ not likely.to assis,t. consum- "that a sampling approach did not fulfill the burden which might be caused by ers m-ma1cing purchastng deCtStons or is - these purposes FIrst a manufacturer requiring post-production rating of basic - not economically feasible," in which cas~ could meet the PEA requirement despite models in every instance of testing purthe FI'C."shall -require disclosure of a significant ~ar1abll1ty in the energy con- suant to section 323(c) of the Act. Even 

di1ferent useful measure of energy con- sumption and cooling capacity vnlues of pre-production testing pursmtnt to sec- sumption (determined in accordance production units simply by testinga!arge tion 323Cc) must be calorimetric testing. wi~ test pro;e~~;s prescrI~ed under number of units. Second, application of Manufacturers are not required to test 

Section 323) - (EmphaslS added.) sampling to production units to deter- unless they choose to make representa- Accor?in~~' the c~mme~t,<; .concerning mine the rating of a particular basIc tlons regarding a measure of. energy con- . th-e deslI'ability of mcluding cost data. model would be burdensome. swnption identified in or based upon 

on the label (a.~ wpll as all consumer The industry comments raise serious § 430.22Cf). It should also be emphasized 

comments regarding the label) hav~ been questions regarding the effect of the pro- that the test procedures prescribed tooay ~orwarded .to the ~C for considex:ation posed sampling provision on present In- apply only to the initial rating of a basic m developmg l~~eling rules applicable dustry practice. However, the need for model. 

to room ror conditioners.. representative, compa.rnble \"nlues for the In response to comments from the in- . 2. Use of nameplate values. number to various measures of energy consumption dustry certain technIcal changes have 

be t~ted. Comments were !eceived re- remains pa.ra.mount. For this reason, the also been made in the sampling language. 

gar?ing the method by which the test suggestion that nameplate values be used Speclfical1y. the mean of the sample is 

y~l'lablCS) .(energy consumption and cool- as the basis for these measures is re- required to be within 5 percent of the 

mg caI;'aclty) should b~ derived. Specifi- jected. The nameplnte vnlue provIdes no estimate of. the true mean of the basic 

cally, It was' sug~ested that nameplate guarantee that it is representative of the model population. rather than measured valu~ for these typIcal or average performance of room 3. Energy savings features. As noted 

pa:ameters sh?uld be used m the re- air conditioners. in the comments, the proposed regula- qUlI'ed calculations. Comments were also tlons did not prov.lde a mechanism by directe(l at the proposed sampling provi- }iaving determined not. to use name- which the contribution of special design sion (section 430.23 (f») . plate values, the industry s crItlcfsms of features to reduced energy consumption 

The comments directed at the proposed . the proposed sampling provision still re- could be evaluated. One commentidentisampling provision are closely tiM to the main. A large part of the dI1llculty wIth fied an optional automati~ fan control 

industry suggestion that nameplate val- this provision is due to its scope. Tests as such an energy saving feature and ues for electrical input and cooling ca- procedures prescrIbed under section 323 recommended a methodology by which 

padty be used to determine the measures of the Act are intended to be used, for the amount of energy saved by this feaof energy con'ffiIIlption applicable to example, for labeling under section 324, ture could be calculated. 

"' room air conditioners. As proposed, the in monitoring of the progress of manu- The automatic fan cycle is designed to 

sampling provision of § 430 23<f) re- facturers toward accompllshing the en- reduce energy consumption of air condi- . d t t· f ;ts .' ergy efficiency Improvement targets qUlI'e ~ me: 0 un~ taken from actual under section 325, and in enforcement tioners by shutting off the fan when the 

production. The FEA !,ampllng provisio?- testing under section 326. These aspects thermostat turns off the compressor. As 

was ~us. to- be. aoplied ~ter room all' of the appliance program have not, how- with most energy saving features, the 

ti

c?onnd.ltiOnmg uruts were m full produc- ever, been implemented. It is quite possf_ automatic fan may be optiOnal with the - user. However, unlike features on other . Manufacturers pointed· out that the ble that the objectives of appUance test- appliances. use of the optional fan cycle 

nameolat.e vallles are detennined prIor ing under each of these parts of the pro- may be attended by effects which may 

to production through proc(>dures which gram, as well as the Instructions on how act to reduce the theoretical savings or include the testing of units which are a test procedure should be appUed Ce.g.,- which actually result in greater energy 

FEDERAL REGISTER, VOL. 42. NO. lOS-WEDNESDAY. JUNE 1, 1911 
27898 RULES AND REGULATIONS 

consumption. In particular, it is not proposed in Subpart A (41 FE 19977, 41 

knOwn how the cycling of the fan will FE 31237). No comments were received 

affect the operation time of the compres- regarding these defiirltions. All defini- sor. For example, thermostats generally tions appearing in section 321 of the Act sense air temperature as it arrives at the were incorporated into the regulations 

air conditioner. With the fan also turned by reference. Definitions of the terms 

off, the thermostat may sense a tempera- "Administrator," "Btu," and "FEA" 

ture other than room temperature. This have been added to Subpart A for the 

may cycle the air conditioner on and off purpose of clarification. The definition more frequently than would occur if the of the term "basic model" for room air 

fan operated independently of the ther- conditioners has been changed. The promostat. Consequently, compressor run- posed definition defined basic model as nlng time would increase and the amount having identical electiical and cooling of energy saved 'by cutting off the fan output ratings. FEA has determined that 

would be reduced. this definition was too restrictive since 

Compressor running time may also in- every room air· conditioner manufactured crease if air conditioner use patterns will possess slightly different ratings. were changed as a result of the auto- The' new definition of basic model re- matic fan. Such a change might result qUi,res that all room air conditioners 

if fan shut-off were to affect the distri- within a basic model have essentially bution of conditioned air in the room in identical functional physical and elecwhich the air conditioner 18 installed. trical characteristics. The intent is to 

The user may find lower thermostat set- create basic models that contain room tings necessary to achieve the same level air' conditioners that perform with es- of comfort achieved on the normal cycle; sentially identical cooling output and 

The problems cited above should not energy input ratings, but may differ 

be read to suggest that the Agency will , slightly due to manufacturing tolerances. 

not, under any circumstances, consider Further, acceptable physical differences 

the energy savings of lIutomatic fan cy-' can include non-functional charactercles. However, until it is clear how these istics such as trim, color, mounting factors can be taken into account, it is method, sales model number, and .brand 

not possible to evaluate the value of the name.' 

automatic fan cycle. Manufacturers are It should be noted that some of the 

encouraged to submit data with regard definitions prescribed today may be apto the energy savings attributable to the plicable to test procedures for other 

automatic fan cycle. appliances (some of which have re- While the final regulations do not centlv been proposed). While these defimake provision for the optional auto- nitions are final, comments to the effect 

matic fan control or other energy sav- that any of these definitions are inap- ingS features FEA intends to propose plicable to-a particular appliance will be 

modifications to the final regulations evaluated to determine whether amendwhen it can be determined that a par- ment or modification is appropriate. ticular design featUre contributes to re- 3. Application 0/ test procedures. As 

duced energy consumption and when this discussed previously, the final room air 

contribution can reasonably be quanti- conditioner test procedures prescribed fied. today must be applied before represenC. REGULATIONS PRESCRIBED 

1. Test procedures. The test proce- dures for room air conditioners 'prescribed today are inclUded in Subpart B 

an!l are substantially the same as those proposed. As with the proposed 

procedures, tests methods and conditions are based upon two national standardsAmerican National Standard Z234.1-

1972, "Room Ait Conditioners," and 

American Society. of Heating, Refrig-( erating and, Air Conditioning Engineers Standard 16-69, "Method of Testing for 

Rating Room Air Conditioners." The ap- plicable provisions' of each, of these 

standards is incorporated in and made a part of FEA's regulations prescribing 

test procedures for room air conditioners. 

For purposes of FEA's program, the in- . ,corporated provisions of the referenced 

standards remain applicable as presently written, regardless of any subsequent ,amendment of either standard by, the 

standard setting organizations, until 

further amendment by FEA. 

2. General provisions. Also prescribed today are certain general provisions and 

certain definitions applicable to room air conditioners which were previously 

tations regarding a measure of energy consumption can be made. Because the 

purposes and needs of the different elements of the appliance program (e.g., labeling, targets) vary, application of 

the standard test methodology prescribed today may differ in some respects for 

each program element. Instructio~s how 

to apply the standard test methodology will be proposed for comment as these 

other elements of the appliance program are developed. . 

The requirements of § 430.24(f) of the 

final regwations apply until such time as final labeling requirements for a par- ticular measure of energy consumption and the associated test procedure appli- cation provision are prescribed. After 

that time, all representations regarding a measure of. energy consumption cov- ered by a labeling rule must be the same as represented on the'label. 

. D. UNIT COSTS OF ENERGY. 

Under section 323(b) (2) of the Act, 

FEA is to provide manufacturers information as to the representative average unit costs of energy. This information 

will soon be provided in a following issue 

of the FEDERAL REGISTER. 

In consideration of the foregoing, Chapter n of Title 10, Code of Federal 

Regulations is amended as set forth be~ 

low, effective July 5, 1977. 

(Energy Polley and Conservation Aot, pub. 

L. 94-163, as amended by Pub. L. 04-304: 

Federal Energy Administration Act ot 10'14, 

Pub. L. 93-275, as amended by Pub. Ii. 04-

385; E.O. 11790,39 FR 23185.) 

Issued in Washington, D.C., May 24, 

1977. 

ERIC J. PYax, 

Acting General Counsel, 

Federal Energy Administration. 

Chapter II of Title 10, Code of Federal 

Regulations is amended by establishtne 

Part 430, to read as follows: . 

Subpart A-Genetal Provisions 

Sec. 

430.1 Purpose lind scope. 

430.2 Definitions. , 

Subpart B-Test Procedures 

430.21 Purpose and scope. 

·430.22 Test procedures tor measures ot en· 

ergy consumption. 

430.23 Units to be tested (Reserved). 

430.24 Representations regarding me[lSurcs 

ot energy consumption. 

Appendices A-E [Reserved1 

Appendix F-Uniform test method for 

measuring the energy consumption ot room air conditioners: 

Subpart A-General Provisions 

§ 430.1 Purp"ose nnd scope. 

This part establishes the regulations 

for the implementation of Part B of Title 

m (42 U.S.C. 6291-6309) of the Energy Policy and Conservation Act (Pub. L. 94-

163), as amended by Pub. L. 94-386, 

which establishes an energy conserva~ 

tion program for consumer products 

other than automobiles. 

§ 430.2 Definitions. 

For purposes Of this part, words shall 

be defined as provided for in section 321 

of the Act and as follows---

"Act" means the Energy PolicY and 

Conservation Act (Pub. L. 94-163), I\S 

amended by Pub. L. 94-385. 

"Administrator': means the AdminiS~ 

trator of the Federal Energy Administration. 

"Btu" means ,British thermal unit, 

which is the quantity of heat reqUired 

to raise the temperature of one pound of water one degree Fahrenheit. 

"Basic model" means all units of a given type of covered product manufac~ 

tured by one manufactllrer and: 

(1) -(5) rReserved] 

(6) With respect to room air condi~ 

tioners, having essentially identical 

functional physical and electrical characteristics. 

"FEA" means the Federal Energy Ad~ 

ministration. 

"Room air conditioner" means an cn~ 

cased assembly designed as a unit for 

mounting in a window or through the 

wall for the purpose of providing delivery of conditioned air to an enclosed 

FEDERAL REGISTER, VOL. 42, NO. 105-WE·DNESDAY, JUNE 1, 1977 
space. It includes a prime source of re- frigeration and may include a means for ventilating and heating. 

Subpart .B-Test Procedures 

§ 430.21 Purpos~ and scope. 

~ subpart contains test proceduresrequired to be prescribed by FEA pursuant to section 323 of the Act. 

RULES AND REGULATIONS 

subpart such that, for each such measure of energy consumption, there is a probability of not less than 0.95 that the mean of the sample is within ±5 percent of the estimate of the true mean of such measures of the basic model. 

(2) The sam'ple sclected for paragraph 

(f) (1) of this section shall be comprised 

of units which are production units, or are representative of production units, of 

§ 430.22 Tes~ procedures for measures the basic model being tested. 

of energy cOll!!umption. (3) A basic model havlDg dual volt-

(a)-(e) [Reserved] • age ratings shall be separately tested at 

(f) Room air conditioners.-(l) ';['he each design voltage such that the re- estimated annual. operating cost for. quirements of paragraph (n (1) of this 

room air ~onditioners, expressed. in dol- . section are satisfied at each rating. lars per year, shall be detenruned by .. multiplying the following three factors: (4) Whenever a rule appllcable to 

(i) Electrical input power in kilowatts room air conditioners is prescribed under 

as determined in accordance with 4.2 section 324 of the Act, this paragraph 

or' Appendix F to this subpart, (ii) The shall not apply to any label covered by 

• representative average-use .cycle of 750 such rule, and all representations of any 

hours .c:.f compressor op~ratlon per yea.:, measure of energy consumption covered and (lll) A representatIve average umt 

cost of electrical energy in dollars per by such rule shall be identical to the 

·killowatt-hour as provided by the Ad- measure of. energy consumption on the 

ministrator, the resulting product then label 

being rounded off to the nearest dollar APPENDIX F-UNIFORU TEsT MEnIOD FOn 

per year. MEASOJUNG THE ENERGY CON=t>nON CP 

. (2) The energy efficiency ratio for RoOlot Am CONDITIONE!l5 . 

room air conditioners, expressed in 1. Test method. Tho test method for tc:;tBtu's per watt-hour, shall be the quo- Ing room alr concUUoners sball con\llst of aptient of: (D The cooling capacity in pl1cntlon of the methods and concUtlons In 

Btu's per hour as determined·in accord- Amerlcnn Nntlonal Stnndard CANS) Z234.1-

ance with 4.1 of Appendix F to this sub- 1972. "Room A1r Conditioners," rcctlons 4, 5. 

part divided by: (ll) The electrical in- 6.1, nnd 6.5. and 1n Amerlcnn SOCiety of Heatput power in watts as determined in lnb. Refrigerating and A1r COndltlonlng Enaccordance with 4.2 of Appendix F to gincers (ASHRAE) Standard 16-69, "Matbod 

this subpart the resulting quotient then of TeSting for ~tlng Room Air Conditioners!' being rounded off to the nearest 0.1 Btu 2. Test condftfo7l$. Establlah tho test'conper watt-hour. dltlons described In .sections 4 and 5 of ANS 

(3) The average annual energy con.: Z234.1-1972 and 1n accordanco }~1th ASHRAE 

sumption jor-room -air conditioners. ex- Standard 16-69. 

pressed in kilowatt-hours per year, shall 3. lI!easurcmcnts. Measuro the quantities 

be determined by multiplying together delincnted In cectlon 5 of,ANS Z234.1-1(172. 

the. following two factors: (i) Electrical 4. Calculations. 4.1 Cnlculate the cooling 

input power 'in kilowatts as determined' cnpaclty (e"llrcssed 1n Btulhr) 113 requlred in accordance with 4.2 of Appendix F -In section 6.1 of ANS Z234.1-1972 and 1n ac-

_ to this subpart, and tiD A representative cordnnce ,vlth ASHRAE·St:1ndard 1G-t;9. 

. average use cycle of 750 hours of com- 4.2. Determlno tho electrleal JWwcr input 

. pressor operation per year, the resulting' (expressed.in watts) ~ required by :;ecUon 

product then being rounded off to the 6.5 of ANS Z234.1-19.2 and In accordanco 

nearest kilowatt-hour per year. with ASHRAE Stnndard 16-69. 

_ (4) Other useful measures of energy (FE Doc.'17-15419 File:l ~1-77:8:45 ami 

consumption for room air conditioners 

shall be those measures of energy con- sumption which the AdministJ:ator determines are likely to assist consumers in making purchasing decisions and 

which are derived from the application 

of Appendix F to this subpart. 

§ 430.23 UniiS to he tested. [Reserved] 

§ 430.24 Representations regarding measures of energy consumption. 

(a)-(e) [Reserved] 

(f) Room 3.ir conditioners.-(l) Except as provided in paia'graph (f) (4) of 

this paragraph, no manufacturer, distributor, retailer, or private labeler of room air conditioners may make any. 

representation with respect to or based 

upon a measure or measures of energy 

consumption described in §- 430.22(f) un- less. a sample of sufficient size of each 

basic model for which such representation is made has been tested in accord- ance· with applicable provisions of this. 

PART 44O-WEATHERIZATION 

ASSISTANCE FOR LOW·INCOME. PERSONS 

Establishment of Regul:itlons 

AGENCY: Federal Energy Admlnistra- . tion. 

ACTION: Final rule. 

SUMMARY: The Federal Energy Administration (FEA) hereby estabUshes 

regulations for a program ot weatherization assistance for low-income persons. These regulations set forth the requirements for the development and implementation of a weatherIzation program to assist in achieving a healthful 

dwelllng environment and maximum 

practicable energy conservation in the 

dwelllngs of low-income persons, particularly elderly and handicapped lo\},,-

income persons, 1il order both to aid 

27899 

those persons least able to afford higher 

energy costs and to conserve needed en- ergy. 

EFFECTIVE DATE: May 25, 1977. 

FOR FURTHER INFORMATION CONTACT: 

Mary M. Bell, Director, Office of 

Weatherization Asslstance. Room 6443, 

Federal Energy Administration. WaShington, D.C. 20461 (202-566-3091). 

SUPPLEMENTARY Th"FORMATION: - A. Introduction. 

B. Def/nftfcms. 

C. Allocatfon ollunds. 

D. State applfcatfcms. 

E. l.ocaZ applfcatfcms.-

F. Admfnfstratflle requirements. 

O. Minimum proflTam requirements. 

H. Allou:able e:rpenditures: 

1. Labor costs. 

2. InstaUation CQ6ts • 

3. Cost of weatherization nuteria1s. 

4. Admlnlstratlve c~ts. 

L Standards lor weatherf::atfon. 

J. Elfgfbfe dU1cUfng units. 

K. AdmfnfstratfIJc reu£ew. 

L. Technfcal assfstance. 

A. I:.-nODUcnoN 

On AprU I, 1977. the Federal Energy 

Administration published a proposed 

rule (42 Flt 17470) to establish a program of weatherization assistance for 

low-income persons. . FEA received 50 written comments on the proposed rulemaking. and 106 individuals testified at the publlc hearings 

held by the Regional Offices during the 

weck ot AprU 18. 1977. and by the National Office on April 25, 1977. Virtually 

all of the commenters supported the 

goals and concept of the proposal. but 

many suggestions were made that re- sulted in significant changes in the final 

rule. 

WIth the issuance of this final rule. 

the Federal Energy Administration 

(FEA) amends Chapter II of Title 10. 

Code of Federal Regulations, to establish 

no program of weatherization assistance 

for low-income persons pursuant to Part 

A, 42 U.s.C. 6861-6872, of Title IV of the 

Energy Conservation and Production 

Act (Act), Pub. L. 94-385, 90 Stat. 1125 

et seq. 

Although most of the comments FEA 

received addressed specific sections or items in the proposed rulemaking. some comments were more general. Thirteen 

commenters expressed the view that 

grants should be made directly to Community Action AgencIes (CAA's) to 

avoid creating a new bureaucracy. Since 

tbe enabling leglslation provides. with 

certain clearly defined exceptions. that 

funding for weatherization projects 

must be administered by the states, FEA 

has not incorporated this suggestion in 

the final rulemaking. 

Twelve commenters ·recommended 

that FEA should model its guidelines more closely after those developed by 

the Community Services Administration 

(CSA) for its weatherization program. 

However, since the· Act delegates respon- &Ibility for Implementing the legislation. 

which is markedly different in many re- spects from CSA's authorizing legislaFEDERAt REGISTER, VOL. 42, NO. lOS-WEDNESDAY, JUNE 1, 1977