Thursday

December 13, 1979

Part I

Department of

,r

Office of Conservation and Solar Energy

Advance Notice of Proposed Rulemaking

and Request for Public Comments

Regarding Energy Efficiency Standards

for Dishwashers, Television Sets, Clothes

Washers, Humidifiers, and Dehumidifiers

CAS-RM-79-113 COMMENT 01

Thursday 

December 13, 1979 

Part II 

Department of 

Energy 

Office of Conservation and Solar Energy 

Advance Notice of Proposed Rulemaking 

and Request for Public Comments 

Regarding Energy Efficiency Standards 

for Dishwashers, Television Sets, Clothes 

Washers, Humidifiers, and Dehumidifiers 
72276 Federal Register / Vol. 44, No. 241 / Thursday, December 13, 1979 / Proposed Rules

DEPARTMENT OF ENERGY

Office of Conservation and Solar

Energy

10 CFR Part 430

[Docket No. CAS-RM-79-1131

Advance Notice of Proposed

Rulemaking and Request for Public

Comments Regarding Energy

Efficiency Standards for Dishwashers,

Television Sets, Clothes Washers,

Humidifiers, and Dehumidifiers

AGENCY: Department of Energy.

ACTION: Advance Notice of Proposed

Rulemaking.

SUMMARY: The Energy Policy and

Conservation Act, as amended by the

National Energy Conservation Policy

Act, requires that the Department of

Energy prescribe energy efficiency

standards for dishwashers, television

sets, clothes washers, humidifiers, and

dehumidifiers no later than November

1981. The purpose of this advance notice

of proposed rulemaking is to facilitate

the gathering of information, to provide

interested persons an opportunity to

become familiar with the standards

program, and to invite interested

persons to participate in formulating the

proposed energy efficiency standards.

DATES: Written comments by January

25, 1980; requests to speak by December

27, 1979; statements by January 9, 1980;

public meetings to be held on January

15, and 17, 1980. Speakers to be notified

by 4:30 p.m., local time, December 31,

1979.

ADDRESS: Comments and requests to

speak at the hearing to: Carol A. Snipes,

U.S. Department of Energy, Office of

Conservation and Solar Energy, Room

3235, Mail Station 2221C, 20

Massachusetts Avenue, NW.,

Washington, D.C. 20585, (202) 376-1651.

Public meetings to be held at.

Department of Energy, Room 2105, 2000

M Street NW., Washington, D.C. 20461,

at 9:00 a.m. on January 15, 1980, and

Centennial B Room, Crown Center

Hotel, No. 1 Pershing Road, Kansas City,

Missouri 64108, at 9:00 a.m., January 17,

1980.

FOR FURTHER INFORMATION CONTACT:

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

Office of Conservation and Solar Energy,

Division of Buildings and Community

Systems, Consumer Products Efficiency

Branch, room 2248, 20 Massachusetts

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

(202) 378-4814.

Carol A. Snipes, (Hearing Procedures), U.S.

Department of Energy, Office of

Conservation and Solar Energy, Room 3235,

Mail Station 2221C, 20 Massachusetts

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

(202) 376-1651,

William J. Dennison, U.S. Department of

Energy, Office of General Counsel, Room

3228, 20 Massachusetts Avenue, NW.,

Washington, D.C. 20585, (202) 376-4100.

SUPPLEMENTARY INFORMATION:

1. Introduction.

A. Planned Regulatory Action.

B. Purpose and Scope of This Notice.

II. Legislative Framework.

A. Background.

B. Energy Efficiency Standards.

C. Implementation Process.

D. Planned Phase-in of Standards.

III. Product Types, Likely Product Classes

and Tentative Determinations Concerning

Maximum Technologically Feasible Energy

Efficiency Level.

A. Definitions,

B. Tentative Determinations of Maximum

Technologically Feasible Energy

Efficiency Level.

C. Criteria for Selection of Classes.

D. Product Class Rationale.

IV. Data Needed for the Development of

Proposed Energy Efficiency Standards.

A. Development of Proposed Energy

Efficiency Standards.

B. Specific Data Requested from

Manufacturers.

C. Classes of Consumer Product for Which

Data are Requested.

V. Enforcement.

VI. Consumer Participation.

VII. Environmental Review.

VIII. Comments on Issues.

IX. Comment Procedures,

X. Oral Presentation: Conduct of Meetings.

1. Introduction

A. Planned Regulatory Action

Section 325 of the Energy Policy and

Conservation Act (EPCA) (Pub. L. 94-

163), as amended by section 422 of the

National Energy Conservation Policy

Act (NECPA) (Pub. L. 95-619), requires

that the Department of Energy (DOE)

prescribe energy efficiency standards

for the types of consumer products listed

in section 322(a) of the Act' These

consumer products are sometimes

referred to as "covered products."

Standards for dishwashers, television

sets, clothes washers, humidifiers, and

dehumidifiers are required by section

325 to be prescribed in the Federal

Register no later than November 1981.

Standards for refrigerators and

refrigerator-freezers, freezers, clothes

dryers, water heaters, room air

conditioners, home heating equipment

(not including furnaces), kitchen ranges

and ovens, central air conditioners, and

furnaces are required to be prescribed

no later than December 1980. An

'This and subsequent references to the "Act",

and to sections of the Act, refer to EPCA as

amended by NECPA.

advance notice of proposed rulemaking

for these nine types of consumer

products appeared in the Federal

Register of January 2, 1979 (44 FR 49).

The Act defines energy efficiency

standards as performance standards,

which means that they will establish the

minimum energy efficiency level

required to be achieved by each unit of

a covered product type or class, but will

not prescribe the methods, processes, or

materials to be used to achieve any

particular efficiency level. The

standards will apply only to new

products manufactured after the

effective date of the final rule.

B. Purpose and Scope of This Notice

Section 325(1)(3) of the Act requires

DOE, as the first step in establishing

energy efficiency standards for

dishwashers, television sets, clothes

washers, humidifiers, and dehumidifiers

to publish this advance notice of

proposed rulemaking which is required

to specify the type or class of covered

products to which a standard is likely to

apply, and to invite comments from

interested persons relevant to

establishing energy efficiency'standards.

DOE expects that the comments

received as a result of this advance

notice will provide additional technical

and economic information which will

assist DOE in developing a notice of

proposed rulemaking that is expected to

be published in August of 1980.

Accordingly, this notice presents a

discussion of DOE's approach to the

development and implementation of the

standards. Ensuing sections deal with

the legislative background, the

standards implementation process, the

probable phase-in period for the

standards, the development of proposed

standards, a listing of the product types

and classes to which standards are

likely to apply, the enforcement

program; DOE's present views regarding

the maximum technologically feasible

efficency levels for each class of

product, and a request for data from

manufacturers covered by this rule. A

more detailed discussion of these

subjects will be provided in the

"Regulatory Analysis Statementfor

Appliance Energy Efficiency Standards"

which will be available upon request

from Mr. James A. Smith, at the address

indicated at the beginning of this

advance notice, and the DOE Freedom

of Information Office, mail station GB145, U.S. Department of Energy,

Forrestal Building, Independence

Avenue and L'Enfant Plaza, SW.,

Washington, D.C., 20585, at the time the

proposed rule is published.

Interested persons are invited to

provide views, written presentations of

CAS-RM-79-113 COMMENT 01

72276 Federal Register I Vol. 44. No. 241 I Thursday. December 13. 1979 I Proposed Rules 

DEPARTMENT OF ENERGY 

Office of Conservation and Solar 

Energy 

10 CFR Part 430 

[Docket No. CAS-RM-79-113] 

Advance Notice of Proposed 

Rulemaking and Request for Public 

Comments Regarding Energy 

!Efficiency Standards 1.or Dishwashers, 

Television Sets, Clothes Washers, 

Humidifiers, and Dehumidifiers 

AGENCY: Department of Energy. 

ACTION:'Advance Notice of Proposed 

Rulemaking. 

SUMMARY: The Energy Policy and 

Conservation Act. as amended by the 

National Energy Conservation Policy. 

Act. requires that the Department of 

Energy prescribe energy efficiency 

standards for dishwashers, television 

sets. clothes washers. humidifiers. and 

dehumidifiers no later than November 

1981. The purpose of this advance notice 

of proposed rulemaking is to facilita te 

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 energy efficiency standards. 

DATES: Written comments by January 

25. 1980; requests to speak by December 

27.1979; statements by January 9.1980; 

public meetings to be held on January 

15, and 17. 1980. Speakers to be notified 

by 4:30 p.m., local time, December 31. 

1979. 

ADDRESS: Comments and requests to 

speak at the hearing to: Carol A. Snipes. 

U.S. Department of Energy. Office of 

Conservation and Solar Energy. Room 

3235. Mail Station 2221C, 20 

Massachusetts Avenue. NW., 

Washington. D.C. 20585, (202) 376-1651. 

Public meetings to be held at: 

Department of Energy, Room 2105,2000 

M Street NW .. Washington. D.C. 20461, 

at 9:00 a.m. on January 15,1980, and 

Centennial B Room, Crown Center 

Hotel, No.1 Pershing Road, Kansas City. 

Missouri 64108, at 9:00 a.m .• January 17, 

1980. 

FOR FURTHER INFORMATION CONTACT: 

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

Office of Conservation and Solar Energy. 

Division of Buildings and Community 

Systems. Consumer Products Efficiency 

Branch. room 2248. 20 Massachusetts 

Avenue. NW .• Washington. D.C. 20585. 

(202) 376-4814. 

Carol A. Snipes. (Hearing Procedures), U.S. 

Department of Energy. Office of 

Conservation and Solar Energy, Room 3235. 

Mail Station 2221C. 20 Massachusetts 

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

(202) 376-1651. 

William J. Dennison. U.S. Department of 

Energy. Office of General Counsel. Room 

322B. 20 Massachusetts Avenue. NW .• 

Washington. D.C. 20585, (202)376-4100. 

SUPPLEMENTARY INFORMATION: 

L Introduction. 

A. Planned Regulatory Action: 

B. Purpose and Scope of This Notice. 

II. Legislative Framework. 

A. Background. 

B. Energy Efficiency Standards. 

C. Implementation Process. 

D. Planned Phase-in of Standards. 

m. Product Types, Likely Product Classes 

and Tentative Determinations Concerning 

Maximum Technologically Feasible Energy 

Efficiency Level. 

A. Definitions. 

B. Tentative Determinations of Maximum 

Technologically Feasible Energy 

Efficiency Level. 

C. Criteria for Selection of Classes. 

D. Product Class Rationale. 

IV. Data Needed for the Development of 

Proposed Energy Efficiency Standards. 

A. Development of Proposed Energy 

Efficiency Standards. 

B. Specific Data Requested from 

Manufacturers. 

C. Classes of Consumer Product for Which 

Data are Requested. 

V. Enforcement. 

VI. Consumer Participation. 

VII. Environmental Review. 

VIII. Comments on Issues. 

IX. Comment Procedures. 

X. Oral Presentation: Conduct of Meetings. 

I. Introduction 

A. Planned Regulatory Action 

Section 325 of the Energy Policy and 

Conservation Act (EPCA) (Pub. L. 94-

l63). as 11m ended by section 422 of the 

National Energy Conservation Policy 

Act (NECPA) (Pub. L. 95-619). requires 

that the Department of Energy (DOE) 

prescribe energy efficiency standards 

for the types df consumer products listed 

in section 322(a) of the Act. l These 

consumer products are sometimes 

referred to as "covered products." 

Standards for dishwashers, television 

sets. clothes washers. humidifiers. and 

dehumidifiers are required by section 

325 to be prescribed in the Federal 

Register no later than November 1981. 

Standards for refrigerators and 

refrigerator-freezers. freezers. clothes 

dryers. water heaters. ro'om air 

conditioners, home heating equipment 

(not including furnaces). kitchen ranges 

and ovens. central air conditioners, and 

furnaces are required to be prescribed 

no later than December 1980. An 

I This and subsequent references to the "Act". 

and to sections of the Act. refer to EPCA as 

amended by NECPA. 

advance notice of proposed rulemaking 

for these nine types of consumer 

products appeared in the Federal 

Register of January 2.1979 (44 FR 49). 

The Act defines energy efficiency 

standards as performance standards. 

which means that they will establish the 

minimum energy efficiency level 

required to be achieved by each unit of 

a covered product type or class. but will 

not prescribe the methods. processes. or 

materials to be used to achieve any 

particular efficiency level. The 

standards will apply only to new 

products manufactured after the 

effective date of the final rule. 

B. Purpose and Scope of This Notice 

Section 325(i)(3) of the Act re'quires 

DOE, as the first step in establishing 

energy efficiency standards for 

dishwashers. television sets. clothes 

washers, humidifiers. and dehumidifiers 

to publish this advance notice of 

proposed rulemaking which is required 

to specify the type or class of covered 

products to which a standard is likely to 

apply. and to invite comments from 

interested persons relevant to 

establishing energy efficiency' standards. 

DOE expects that the comments 

received as a result of this advance 

notice will provide additional technical 

. and economic information which will 

assist DOE in developing a notice of 

proposed rule making that is expected to 

be published in August of 1980. 

Accordingly, this notice presents a 

discussion of DOE's approach to the 

development and implementation of the 

standards. Ensuing sections deal with 

the legislative background, the 

standards implementation process. the 

probable phase-in period for the 

standards. the development of proposed 

standards. a listing of the product types 

and classes to which standards are likely to apply. the enforcement 

program. DOE's present views regarding 

the maximum technologically feasible 

efficency levels for each class of 

product, and a request for data from 

manufacturers covered by this rule. A 

more detailed discussion of these 

subjects will be provided in the 

"Regulatory Analysis Statetnentfor 

Appliance Energy Efficiency Standards" 

which will be available upon request 

from Mr. James A. Smith, at the address 

indicated at the beginning of this 

advance notice. and the DOE Freedom 

of Information Office, mail station GB145, U.S. Department of Energy. 

Forrestal Building. Independence 

Avenue and L'Enfaht Plaza. SW .. 

Washington. D.C .. 20585. at the time the 

proposed rule is published. 

Interested persons are invited to 

provide views. written presentations of 
Federal Register / Vol. 44, No. 241 / Thursday, December 13, 1979 / Proposed Rules

data, and arguments relevant to

establishing energy efficiency standards

for dishwashers, television sets, clothes

washers, humidifiers, and dehumidifiers.

II. Legislative Framework

A. Background

The energy conservation program for

consumer products is designed to

encourage manufacturers to produce,

and consumers to purchase, significantly

more efficient consumer products. The

legislative plan enacted by Congress

sets forth two interrelated strategies for

accomplishing this objective. The first

strategy is to require manufacturers to

produce more efficient products, and the

second is to enhance consumer

acceptance of more efficient products.

The first strategy, as contained in

section 325 of EPCA prior to amendment

by NECPA in November 1978, called for

the promulgation of voluntary efficiency

improvement targets representing

aggregate industry levels of efficiency

improvement that were to-be achieved

by 1980. As an incentive for the industry

to achieve these targets, a reporting and

monitoring system was to be established

by DOE to track industry progress. In

the event that achievement of a target

for a particular product appeared

unlikely, DOE would have been-required

to initiate an administrative proceeding

to prescribe a mandatory minimum

efficiency standard for the product in

question.

In the National Energy Plan proposed

by the President in April 1977, the

voluntary target program was to be

replaced with a mandatory minimum

efficiency standards program because of

the voluntary nature of the targets and

the anticipated long delays in

establishing standards if the target

levels were not achieved. Section 422 of

NECPA amends section 325 of EPCA to

provide for a program similar to the

mandatory standards program requested

by the President in the National Energy

Plan,

The second strategy, set forth in

section 324 of the Act, involves the

development of a labeling program to

72277

Test procedure design must be

flexible enough to allow for

technological variation among different

product lines within a product type, yet

standardized enough to assure that

different manufacturers' product lines

will be subject to the same measurement

criteria in order to provide comparable

measurements of energy consumption

characteristics. DOE is aware that new

products or designs will be developed

with (1) do not fall under the product

test procedure definitions (10 CFR 430.2)

or (2) do fall under the definitions but

which, when tested, reflect inaccurate

efficiencies. DOE intends to address this

issue in the notice of proposed

rulemaking relating to energy efficiency

standards.

B. Energy Efficiency Standards

The Act requires that standards be

prescribed for all the consumer product

types listed in section 322(a). Priority is

required by the Act to be given to

refrigerators and refrigerator-freezers,

freezers, clothes dryers, water heaters,

room air 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). In addition to

those product types and the product

types covered by today's advanced

notice, the Act also permits DOE to

prescribe standards for other product

types which meet certain criteria stated

in section 325(a)(2). A list of such

products which DOE considers may be

subject to standards is required to be

published no later than November 1980,

but the list maybe revised thereafter.

The standards prescribed, including

any intermediate standards, are

required by section 325(c) to be designed

so as to achieve the maximum

improvement in energy efficiency which

is technologically feasible and

economically justified. Under section

325(b), however, no standard can be

prescribed for a particular type or class

of covered product if (1) there is no DOE

test procedure for the type or class; or

(2) DOE determines, by rule that the

establishment of a standard for the

particular type or class would not result

in significant conservation of energy or

Covered product type Proposed Final

1. Dishwashers ........................... ......................... _ ................... (42 FR 15423, Mar. 22, 1977 .......... (42 FR 39964 , Aug. 8, 1977).

2. Television Sets ................................................................... (42 FR 21576, Apr. 27, 1977)......... (42 FR 46140, Sept. 14, 1977).

3. Clothes Washers ................................................................ (42 FR 25329. May 17, 1977)......... (42 FR 49802, Sept. 28, 1977).

4. Humidifiers ........................................................................... . (42 FR 27941, June 1, 1977).......... (42 FR 55599, Oct. 18, 1977),.

5. Dehumidifiers ....:.................::............................................. . (42 FR 27941, June 1, 1977).......... (42 FR 55599, Oct. 18, 1977),

require that manufacturers label

covered products with energy

consumption information which will

assist consumers in making purchasing

decisions. The Federal Trade

Commission (FTC) has the responsibility

for developing the labeling rules and for

administering the labeling program.

These rules are expected to become

effective in the last quarter of 1979.

In conjunction with the issuance of

the labeling rules, section 337 of the Act

requires DOE to develop a consumer

education program that will enhance

consumer awareness of the labels and

create a better understanding of the

information provided on the labels. This

is intended to encourage comparison

shopping and to generate consumer

demand for the more efficient products.

As a consequence, it is anticipated that

manufacturers will be influenced to

expedite efficiency improvements for

their various product lines to meet the

market demand.

In order to support these dual

strategies, section 323 of the Act

requires that DOE develop test

procedures for the determination of

estimated annual operating costs and at

least one other measure of energy

consumption for each covered product

which will assist consumers in making

purchasing decisions. Testing by

manufacturers in accordance with these

test procedures will serve as a basis for:

(1) The energy cost and consumption

information that will be required to be

included on product labels under the

FTC labeling program and (2)

representations by manufacturers

regarding the energy consumption of

their product. Also, measurements of

efficiency which are derived from the

test procedures will be used as the basis

for energy efficiency standards.

Manufacturers will be required to

establish that their products are in

conformance with the standards by

testing in accordance with the test

procedures. Further, compliance with

the standards will be determined by

using these procedures. As shown in

Table I, DOE has prescribed test

procedures for all the covered products

included in this advance notice.

Table I.-FEDERAL REGISTER Citations for Test Procedures

is not technologically feasible or

economically justified.

Section 325(d) provides that before

DOE determines whether a standard is

economically justified, it must first

solicit comments on a proposed

standard in accordance with the

CAS-RM-79-113 COMMENT 01

Federal Register / Vol. 44, No. 241 / Thursday, December 13, 1979 / Proposed Rules 72277 

,data, and arguments relevant to 

establishing energy efficiency standards 

for dishwashers. television sets. clothes 

washers. humidifiers. and dehumidifiers. 

II. Legislative Framework 

A. Background 

The energy conservation program for 

consumer products is designed to 

encourage manufacturers to produce, 

and consumers to purchase, significantly 

more efficient consumer products. The 

legislative plan enacted by Congress 

sets forth two interrelated strategies for 

accomplishing this objective. The first 

strategy is to require manufacturers to 

produce more efficient products, and the 

second is to enhance consumer 

acceptance of more efficient products. 

The first strategy, as contained in 

section 325 of EPCA prior to amendment 

by NECPA in November 1978, called for 

the promulgation of voluntary efficiency 

improvement targets representing 

aggregate industry levels of efficiency 

improvement that were to·be achieved 

by 1980. As an incentive for the industry 

to achieve these targets, a reporting and 

monitoring system was to be established 

by DOE to track industry progress. In 

the event that achievement of a target 

for a particular product appeared 

unlikely, DOE would have been.required 

to initiate an administrative proceeding 

to prescribe a mandatory minimum 

efficiency standard for the product in 

question. . 

In the National Energy Plan proposed 

by the President in April 1977, the 

voluntary target program was to be 

replaced with a mandatory minimum 

efficiency standards program because of 

the voluntary nature of the targets and 

the anticipated long del!:lYs in 

establishing standards if the target 

levels were not achieved. Section 422 of 

NECPA amends section 325 of EPCA to 

provide for a program similar to the 

mandatory standards program requested 

by the President in the National Energy 

Plan. ' 

The second strategy, set forth in 

section 324 of the 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 Federal Trade 

Commission (FTC) has the responsibility 

for developing the labeling rules and for 

administering the labeling program. 

These rules are expected to become 

effective in the last quarter of 1979. 

In conjunction with the issuance of 

the labeling rules, section 337 of the Act 

requires' DOE to develop a consumer 

education program that will enhance 

consumer awareness of the labels and 

create a better understanding of the 

information provided on the labels. This 

is intended to encourage comparison 

shopping and to generate consumer 

demand for the more efficient products. 

As a consequence, it is anticipated that 

manufacturers will be influenced to 

expedite efficiency improvements for 

their various product lines to meet the 

market demand. 

In order to support these dual 

strategies, section 323 of the Act 

requires that DOE develop tes.t 

procedures for the determination of 

estimated annual operating costs and at 

least one other measure of energy 

consumption for each covered product 

which will assist consumers in making 

purchasing decisions. Testing by 

manufacturers in accordance with these 

test procedures will serve as a basis for: 

'(1) The energy cost and consumption 

information that will 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 th,e 

test procedures will be used as the basis 

for energy efficiency standards. 

Manufacturers will be required to 

establish that their products are in 

conformance with the standards by 

testing in accordance with the test 

procedures. Further, compliance with 

the standards will be determined by 

using these procedures. As shown in 

Table I. DOE has prescribed test 

procedures for all the covered products 

included in this advance notice. 

Table I.-FEDERAL REGISTER Citations for Test Procedures 

Covered product type Proposed Final 

1. Dish~a.shers ..... : ............................................. _ ................... (42 FR 15423. Mar. 22. 1977 ......... (42 FR 39964. Aug. 8,1977). 

2. TeleVISion Sels ................................................................... (42 FR 21576. ~,pr. 27.1977) ......... (42 FR 46140. Sept. 14. 1977). 

3. Clothe.s Washers ................................................................ (42 FR 25329. May 17. 1977) ......... (42 FR 49802, Sept. 28. 1977). 

4. Humldlfi~rs .... : ......... , ............................................................ (42 FR 27941. June 1. 1977) .......... (42 FR 55599. Ocl. 18. 1977), 

5. DehumldHlers •.. : ........ , ........ , .................................................. (42 FR 27941. June 1. 1977) .......... (42 FR 55599. Ocl. 18. 1977). 

Test procedure design must be 

flexible enough to allow for 

technological variation among different 

product lines within a product type. yet 

standardized enough to assure that 

different manufacturers' product lines 

will be subject to the same measurement 

criteria in order to provide comparable 

measurements of energy consumption 

characteristics. DOE is aware that new 

products or designs will be developed 

with (1) do not fall under the product 

test procedure definitions (10 CPR 430.2) 

or (2) do fall under the definitions but 

which, when tested, reflect inaccurate 

efficiencies. DOE intends to address this 

issue in the notice of proposed 

rulemaking relating to energy efficiency 

standards. 

B. Energy Efficiency Standards 

The Act requires that standards be 

prescribed for all the consumer product 

types listed in section 322(a). Priority is 

required by the Act to be given to 

refrigerators and refrigerator-freezers. 

freezers, clothes dryers, water heaters, 

room air 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). In addition to 

those product types and the product 

types covered by today's advanced 

notice, the Act also permits DOE to 

prescribe standards for other product 

types which meet certain criteria stated 

in section 325(a)(2). A list of such 

products which DOE considers may be 

subject to standards is required to be 

published no later than November 1980. 

but the list may"be revised thereafter. 

The standards prescribed, including 

any intermediate standards, are 

required by section 325(c) to be designed 

so as to achieve the maximum 

improvement in energy efficiency which 

is technologically feasible and 

economically justified. Under section 

325(b), however, no standard can be 

prescribed for a particular type or class 

of covered product if (1) there is no DOE 

test procedure for the type or class; or 

(2) DOE determines, by rule that the 

establishment of a standard for the 

particular type or class would not result 

in significant conservation of energy or 

is not technologically feasible or 

economically justified. 

Section 325(d) provides that before 

DOE determines whether a standard is 

economically justified, it must first 

solicit comments on a proposed 

standard in accordance with the 
72278 Federal Register / Vol. 44, No, 241 / Thursday, December 13, 1979 / Proposed Rules

procedure set forth in sections 336(a)

and 325(i). After reviewing comments on

the proposal, DOE must-then determine

that the benefits of the standard exceed

its burdens based, to the greatest extent

practicable, on a weighing of the

following seven factors:

(1) The economic impact of the

standard on the manufacturers and on

the consumers of the products subject to

such standard;

(2) The savings in operating costs

throughout the estimated average life of

the covered products in the type (or

class), compared to any increase in the

price of, or in the initial charges for, or

maintenance expenses of, the covered

products which are likely to result from

the imposition of the standard;

(3) The total projected amount of

energy savings likely to result directly

from the imposition of the standard;

(4) Any lessening of the utility or the

performance of the covered products

likely to result from the imposition of the

standard;

(5) The impact of any lessening of

competition, determined in writing by

the Attorney General, that is likely to

result from the imposition of the

standard;

(6) The need of the Nation to conserve

energy; and

(7) Any other factors which DOE

considers relevant.

Section 325(f) provides that minimum

energy efficiency levels do not have to

be identical for all products within a

type or class. Products that consume

different kinds of energy, or that have a

capacity or other performance-related

feature different from other products

within the same type or class, can be

required to have higher or lower energy

efficiency levels. For example,

standards for television sets might vary

with screen size.

Section 325(e) provides that

manufacturers having annual gross

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

the meaning of that paragraph) may

apply to DOE for exemption for up to 24

months from any standards requirement.

This authority may not be exercised

unless DOE, after obtaining the written

views of the Attorney General,

determines that failure to allow the

exemption would likely result in a

lessening of competition.

Other provisions provide for: (1) A

review of test procedures within three

years of NECPA enactment, section

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

standards within five years of

prescription, section 325(h); (3)

supersession of state energy efficiency

regulations under the conditions and

procedures specified in section 327; and

(4) authority to use the powers

otherwise available to the Secretary to

collect information relating to the energy

efficiency of products or the economic

impact of compliance with the proposed

standards requirements, section 326 (d).

Section 325(j) of the Act provides for

enforcement provisions to assure that

each covered product to which a

standard applies meets the required

minimum energy efficiency level. DOE

expects that such provisions will include

testing by the manufacturer and

submission of information to DOE

before a manufacturer introduces

products into commerce.

Section 333 provides that any person

who knowing violates any provision of

section 332 (which lists. prohibited acts)

shall be subject to civil penalties.

Other enforcement-related provisions

of the Act provide for: (1) DOE to

prescribe rules requiring manufacturers

to allow DOE to observe and inspect

results of testing conducted by the

Manufacturer or his agent, section

326(b) (5); (2) a manufacturer to supply

to DOE a reasonable number of

products for testing purposes, section

326(b)(3); (3) a manufacturer to submit

information or reports necessary to

ensure compliance, section 326(d); and

(4) injunctive relief against any

prohibited act, including distribution of

non-complying products, section 334.

C. Implementation Process

Section 325(i) outlines the process by

which the standards are to be

prescribed. This process differs from

that followed in the target program in

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

requires DOE to identify, in the

proposed rule, the maximum

improvement in energy efficiency that is

technologically feasible for each type (or

class) of product, and to justify any

decision not to propose a standard

designed to achieve such efficiency.

DOE will hold a public meeting during

the comment period following

publication of this advance notice in

order to familiarize the public with the

standards program and to achieve the

highest possible degree of industry and

consumer awareness, involvement, and

comment.

Based upon comments and specific

data received from this advance notice

and information otherwise available,

DOE will issue a notice of proposed

rulemaking proposing specific standards

for the product classes which are the

subject of this advance notice. The

proposal is scheduled to be issued in

August 1980. The final rule is required

by the Act to be published no later than

two years after publication of this

advance notice. Under section 325(i), the

standards may not become effective

earlier than 180 days after publication of

the final rule in the Federal Register.

To inform interested citizens who may

wish to contribute information, DOE will

make available a background document

(Regulatory Analysis Statement for

Applicance Energy Efficiency

Standards) at the time the notice of

proposed rulemaking is published. This

will contain a discussion of the product

classes, levels of efficiency, and the

analytical concepts that will be used in

preparing the standards described in

that notice.

D. Planned Phase-in of Standards

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

five years through the establishment of

intermediate standards. Use of the full

five-year period would provide

manufacturers with the greatest possible

planning and development time, and

thus it would appear that they would be

better able to meet higher final

standards that might otherwise be the

case were a shorter period adopted.

Accordingly, DOE tentatively plans to

utilize the full phase-in period and will

probably propose final standards which

are to be achieved by November 1986.

To assure that manufacturers make

steady progress toward the 1986

standards, intermediate standards are

likely to be proposed for most, if not all,

of the covered products, to be effective

in May 1982. These standards will take

into account the short lead time that

manufacturers will have had to make

design changes.

Another option which DOE is

exploring would be to have different

phase-in periods for the various product

types or classes. This altenative might

permit maximum efficiency levels to be

reached over shorter time periods, but

DOE lacks the information about the

efficiency improvement possibilities for

individual types and classes of products

that is needed in order to consider this

approach at this time.

III. Product Types, Likely Product

Classes and Tentative Determination of

the Maximum Technologically Feasible

Energy Efficiency Level

A. Definitions

For purposes of this notice:

"Energy efficiency standard" means a

performance standard (as opposed to a

design standard) which prescibes for

each unit of a covered product a

minimum energy efficiency level. Energy

efficiency standardss include test

procedures prescribed in 10 CFR Part

430, Subpart B, and any requirements on

manufacturers which DOE determines

are necessary to assure that each

CAS-RM-79-113 COMMENT 01

72278 Federal Register / Vol. 44, No, 241 / Thursday, December 13, 1979 / Proposed Rules 

procedure set forth in sections 336(a) 

and 325(i), After reviewing comments on the proposal. DOE must-then determine -

that the benefits of the standard exceed 

its burdens based, to the greatest extent 

practicable, on a weighing of the 

following seven factors: 

(1) The economic impact of the 

standard on the manufacturers and on 

the consumers of the products subject to 

such standard; 

(2) The savings in operating costs 

throughout the estimated average life of 

the covered products in the type (or 

class). compared to any inerease in the 

price of. or in the initial charges for, or 

maintenance expenses of, the covered 

products which are likely to result from 

the impositiol) of the standard; 

(3) The total projected amount of 

energy savings likely to result directly 

from the imposition of the standard; 

(4) Any lessening of the utility or the 

performance of the covered products 

likely to result from the imposition of the 

standard; 

(5) The impact of any lessening of 

competition, determined in writing by 

the Attorney General. that is likely to 

result from the imposition of the 

standard; 

(6) The need of the Nation to conserve 

energy; and 

(7) Any other factors which DOE 

considers relevant. 

Section 325(f) provides that minimum 

energy efficiency levels do not have to 

be identical for all products within a type or class, Products that consume 

different kinds of energy. or that have a 

capacity or other performance-related 

feature different from other products 

within the same type 01' class. can be 

required to have higher or lower energy 

efficiency levels, For example. 

standards for television sets might vary 

with screen size, 

Section 325(e) provides that 

manufacturers having annual gross 

revenues of less than $8,000.000 (within 

the meaning of that paragraph) may 

apply to DOE for exemption for up to 24 

months from any standards requirement. 

This authority may not be exercised 

unless DOE, after obtaining the written 

views of the Attorney General, 

determines that failure 10 allow the 

exemption would likely result in a 

lessening of competition, 

Other provisions provide for: (1) A 

review of test procedures within three 

years of NECPA enactment, section 

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

standards within five years of 

prescription, section 325(h); (3) 

supersession of state energy efficiency 

regulations under the conditions and 

procedures specified in section 327; and 

(4) authority to use the powers 

• 

otherwise available Lo the Secretary to 

collect information relating to the energy 

efficiency of products or the economic 

impact of compliance with the proposed 

standards requirements, section 326 (d), 

Section 325(j) of the Act provides for 

enforcement provisions to assure that 

each covered product to which a 

standard applies meets the required 

minimum energy efficiency level. DOE 

expects that such provisions will include 

testing by the manufacturer and 

submission of information to DOE 

before a manufacturer introduces 

products into commerce, 

Section 333 provides that any person 

who knowing violates any provision of 

section 332 (which lists_prohibited acts) 

shall be subject to civil penalties, 

Other enforcement-related provisions 

of the Act provide for: (1) DOE to 

prescribe rules requiring manufacturers 

to allow DOE to observe and inspect 

results of testing conducted by the 

Manufacturer or his agent. section 

326(b) (5); (2) a manufacturer to supply 

to DOE a reasonable number of 

products for testing purposes, section 

326(b)(3); (3) a manufacturer to submit 

information or r!lports necessary to 

ensure compliance. section 326(d); and 

(4) injunctive relief against any 

prohibited act, including distribution of 

non-complying products. section 334, 

C, Implementation Process 

Section 325(i) outlines the process by 

which the standards are to be 

prescribed, This process differs from 

that followed in the larget program in 

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

. requires DOE to identify. in the 

proposed rule, the maximum 

improvement in energy efficiency that is 

technologically feasible for each type (or 

class) of product, and to justify any 

decision not to propose a standard 

designed to achieve such efficiency, 

DOE will hold a public meeting during 

the comment period following 

publication of this advance notice in 

order to familiarize the public with the 

standards program and to achieve the 

highest possible degree of industry and 

consumer awareness. involvement. and 

comment. 

Based upon comments and specific 

data received from this advance notice 

and information otherwise available. 

DOE will issue a notice of proposed 

rule making proposing specific standards 

for the product classes which are the 

subject of this advance notice, The 

proposal is scheduled to be issued in 

August 1980, The final rule is required 

by the Act to be published no later than 

two years after publica tion of this 

advance notice, Under section 325(il. the 

standards may not become effective . 

earlier than 180 days after publication of 

the final rule in the Federal Register. 

To inform interested citizens who may 

wish to contribute information, DOE will 

make available a background document 

(Regulatory Analysis Statement for 

Applicance Energy Efficiency 

Standards) at the time the notice of 

proposed rulemaking is published, This 

will contain a discussion of the product 

classes, levels of efficiency. and the 

analytical concepts that will be used in 

preparing the standards described in 

that notice, 

D, Planned Phase-in of Standards 

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

five years through the 'establishment of 

intermediate standards, Use of the full 

five-year period would provide 

manufacturers with the greatest possible 

planning and development time, and 

thus it would appear that they would be 

better able to meet higher final 

standards that might otherwise be the 

case were a shorter period adopted, 

Accordingly, DOE tentatively plans to 

utilize the full phase-in period and will 

probably propose final standards which 

are to be achieved by November 1986, 

To assure that manufacturers make 

steady progress toward the 1986 

standards, intermediate standards are 

likely to be proposed for most. if not all, 

of the covered products, to be effective 

in May 1982, These standards will take 

into account the short lead time that 

manufacturers will have had to make 

design changes, 

Another option which DOE is 

exploring would be to have different 

phase-in periods for the various product 

types or classes, This altenative might 

permit maximum efficiency levels to be 

reached over shorter time periods, but 

DOE lacks the information about the 

efficiency improvement possibilities for 

individual types and classes of products 

that is needed in ordet to consider this 

approach at this time, 

III. Product Types, Likely Product 

Classes and Tentative Determination of 

the Maximum Technologically Feasible 

Energy Efficiency Level 

A. Definitions 

For purposes of this notice: 

"Energy efficiency standard" means a 

performance standard (as opposed to a 

design standard) which prescibes for 

each unit of a covered product a 

minimum energy efficiency level. Energy 

efficiency standardss include test 

procedures prescribed in 10 CFR Part 

430. Subpart B. and any requirements on 

manufacturers which DOE determines 

C\re necessary to assure that each. 
Federal Register / Vol. 44, No. 241 / Thursday, December 13, 1979 / Proposed Rules

covered product to which a standard

applies meets the required minimum

energy efficiency level specified in the

standard.

"Minimum energy efficiency level"

means the minimum value of the

measure of efficiency (i.e., energy factor,

reciever energy efficiency factor,

regional annual performance factor,

defined and measured according to DOE

test procedures in 10 CFR Part 430,

Subpart B), which each unit of a covered

product must meet or exceed in order to

be in compliance with an energy

efficiency standard.

"Type" of covered products means

one of the categories of consumer

products designated in section 322(a) of

the Act. For example, dishwashers are a

type of covered product.

"Class" of covered products means a

group of covered products, the functions

or intended uses of which are similar. A

class of covered products is subject to a

single energy efficiency standard. Such

standard may prescribe either the same

minimum energy efficiency level for all

of the. basic models of the class, or

different minimum energy efficiency

levels for basic models which are

distintugished by capacity or other

performance-related features that affect

efficiency and utility. For example, color

television sets are a class of covered

product.

B. Tentative Determinations of the

Maximum Technologically Feasible

Energy Efficiency Level

In the proposed rule, DOE is required

to identify the maximum improvement in

energy efficiency that-is technologically

feasible for each class of covered

products. In order to facilitate the

gathering of data, views and arguments,

DOE is offering for consideration a

definition of the term "maximum

technologically feasible energy

efficiency" and presenting in Table 11

DOE's tentative determination of such

efficiencies based on 1978 data. The

values in Table II may be modified in

the proposed rule as a result of either

modifying the definition, obtaining

better information regarding the highest

levels of energy efficiency of basic

models commercially available, or

identifying efficiency improvements that

occur in commercially available

products prior to the time of the

proposal.

For purposes of this advance notice,

the term "maximum technologically

feasible energy efficiency" means, for

each class of covered products, the

highest value of the measure of energy

efficiency (i.e., energy factor or receiver

energy efficiency factor, defined and

measured according to DOE test

procedures) of any basic model that is

commercially available at the time of

proposal. Based on this definition,

DOE's tentiative determinations of the

maximum technologically feasible

energy efficiency-for each product class

are listed in Table II. As mentioned

earlier, those efficiency figures are

based on products commercially

available in 1978. Regarding those

product classes for which DOE has

incomplete information on the efficiency

of the basic models commercially

available in 1978, DOE has estimated

the maximum technologically feasible

energy efficiency based on the best

available information, Classes for which

figures have been estimated are noted in

Table II by one asterisk.

Table II.-Likely. Classes and Tentative Determination of Maximum Technologically Feasible Energy

Efficiencies

Preliminary maximum

Covered product type Class technologically feasible

energy efficiency

Dishwasher.............................................................................................. Standard ................................... .41 cycles/kwhr' (EF).

Compact ................................... .50 cycles/kwhr' (EF).

Television sets .. ...................................................................................... Color .......................................... 229%' (REEF).

Monochrome . ........................... 176%' (REEF).

Clothes washers ..................................................................................... Top loading .............................. 1.01 tt'/kwhr' (EF).

Front loading ........................... 1.25 ft'/kwhr' (EF).

Humidifiers .. ............................................................................................ Central system ......................... 92%1 (EF).

Room ........................................ 93 %1 (EF).

Dehumidifiers '(No classes specified ) 2. 9 pints/kwhr' (EF).

72279

receives data, views and arguments

which justify changes. The classes

identified in Table II have been derived

on the basis of differences in capacity,

or other performance-related features

which affect efficiency and utility.

These criteria as they apply to each

product type are discussed in Section III

D of this advance notice. For each class

within a product type, Section III D

includes a discussion of the justification

for establishing minimum energy

efficiency levels different from those

which apply to other classes within the

same product type.

For covered products other than

televisions, the same minimum energy

efficiency level is likely to apply to each

basic model within a particular class.

For televisions, minimum energy

efficiency levels within any class are

likely to vary with screen size.

D. Product Class Rationale

1. Dishwashers. Two classes of

dishwashers, standard and compact, are

specified in this notice. These classes

are distinguished by their capacity.

Dishwasher energy consumption is

strongly related to the hot water usage

of the machine. Compact dishwashers

use less water and less energy than

standard size dishwashers. Compact

dishwashers are dishwashers having an

exterior width of less than 22 inches.

Compact dishwashers generally have an

exterior width of 18", and fit into

smaller spaces and handle smaller loads

than standard dishwashers.

Standard dishwashers are defined as

those with exterior width of greater than

or equal to 22 inches. Standard

dishwashers generally have an exterior

width of 24". Standard dishwashers

typically have lower energy factors than

compact dishwashers, but their larger

capacity provides increased utility to

some consumers.

Exterior width was chosen as the

criterion of capacity because it

accurately- delineates the two classes of

dishwashers in the current population

and is a readily available dimension.

Using the number of place settings, for

example, as the criterion of capacity

would require a definition of the

standard pieces and how they should be

' Based on best available information.

' Based on data obtained by using DOE test procedures.

EF=Energy Factor.

REEF =Receiver Energy Efficiency Factor.

C. Criteria for Selection of Classes

DOE has segregated the basic models

of product types into classes to which

different energy efficiency standards are

likely to apply. These classes are

tentative, and different classes may be

specifed in the proposed rule if DOE

placed in the machine, neither of which

are described in the DOE test procedure.

2. Television Sets. Two classes of

television sets, color and monochrome,

are specified in this notice. These

classes are distinguished by their ability

to reproduce images in color, a

CAS-RM-79-113 COMMENT 01

Federal Register I Vol. 44, No. 241 I Thursday, December 13, 1979 / Proposed Rules 72279 

covered product to which a standard 

applies meets the required minimum 

energy efficiency level specified in the 

standard. 

"Minimum energy efficiency level" 

means the minimum value of the 

measure of efficiency (Le., energy factor, 

reciever energy efficiency factor, 

regional annual performance factor, 

defined and measured according to DOE 

test procedures in 10 CFR Part 430, 

Subpart B), which each unit of a covered 

product must meet or exceed in order to 

be in compliance with an energy 

efficiency standard. 

"Type" of covered products mearls 

one of the categories of consumer 

products designated in section 322(a) of 

the Act. For example, dishwashers are a type of covered product. 

"Class" of covered products means a 

group of covered products, the functions or intended uses of which are similar. A 

class of covered products is subject to a 

single energy efficiency standard. Such 

standard may prescribe either the same 

minimum energy efficiency level for all 

of the. b.asic models of the class, or 

different minimum energy efficiency 

levels for basic mqdels which are 

distintugished by capacity or other 

performance-related features that affect 

efficiency and utility. For example, color 

television sets are a class of covered 

product. 

B. Tentative Determinations of the 

Maxidrum Technologically Feasible 

Energy Efficiency Level 

In the proposed rule, DOE is required 

to identify the maximum improvement in 

energy efficiency that is technologically 

feasible for each class of covered 

products. In order to facilitate the 

gathering of data, views and arguments, 

DOE is offering for consideration a 

definition of the term "maximum 

technologically feasible energy 

efficiency" and presenting in Table 11 

DOE's tentative determination of such 

efficiencies based on 1978 data. The 

values in Table II may be modified in 

the proposed rule as a result of either 

modifying the definition, obtaining 

better information regarding the highesl 

levels of energy efficiency of basic 

models commercially available, or 

identifying efficiency improvemenls that 

occur in commercially available 

products prior to the time of the 

proposal. 

For purposes of this advance notice. 

the term "maximum technologically 

feasible energy efficiency" means, for 

each class of covered products, the 

highest value of the measure of energy 

efficiency (i.e., energy factor or receiver 

energy efficiency factor, defined and 

measured according to DOE test 

procedures) of any basic model that is 

commercially available at the time of 

proposal. Based on this definition, 

DOE's tentiative determinations of the 

maximum technologically feasible 

energy efficiencyJor each product class 

are listed in Table II. As mentioned 

earlier, those efficiency figures are 

based on products commercially 

available in 1978. Regarding those 

product classes for which DOE has 

incomplete information on the efficiency 

of the basic models commercially 

available in 1978, DOE has estimated 

the maximum technologically feasible 

energy efficiency based on the best 

available information. Classes for which 

figures have been estimated are noted in 

Table II by one asterisk. 

Table II.-Likely·Classes and Tentative Detelminalion of Maximum Technologically Feasible Energy 

Efficiencies . 

Coyered producl lype Class 

Preliminary maximum 

technologically feasible 

energy efficiency 

Dishwasher .............................................................................................. Slandard ................................... .41 cycles/kwhr' (EF). 

Compac!... ................................. 50 cycles/kwhr' (EF). 

Television sets ........................................................................................ Color .......................................... 229o,~ l! (REEF). 

Monochrome ...................•. ,...... 176%' (REEF). 

Clothes washers ..................................................................................... T.op loading .............................. 1.01 ft'/kwhr' (EF). 

Front loading ........... "............... 1 . .25 fP/kwhr 1 (EF). 

Humidifiers .............................................................................................. Central system ......................... 92 % I (EF). 

Room ........................................ 93 % I (EF). 

Dehumidifiers .......................................................................................... ·(No classes specified)............. 2.9 plnts/kwhr' (EF). 

l Based on best available information. 

'Based on dala obl"ined by using DOE lest procedures. 

EF=Energy Factor . 

. REEF ='Receiver Energy Efficiency Factor. 

C. Criteria fC?r Selection of Classes 

DOE has segregated the basic models 

of product types into classes to which 

different energy efficiency standards are 

likely to apply. These classes are 

tentative, and different classes may be 

specifed in the proposed rule if DOE 

receives data, views and arguments 

which justify changes. The classes 

identified in Table II have been derived 

on the basis of differences in capacity, 

or other performance-related features 

which affect efficiency and utility. 

These criteria as they apply to each 

product type are discussed in Section III 

D of this advance notice. For each class 

within a product type, Section III D 

includes a discussion of the justification 

for establishing minimum energy 

efficiency levels different from those 

which apply to other classes within the 

same product type. 

For covered products other than 

televisions, the same minimum energy 

efficiency level is likely to apply to each 

basic model within a particular class. 

For televisions, minimum energy 

efficienty levels within any class are 

likely to vary with screen size. 

D. Prod1lct Class Rationale 

1. Dishwashers. Two classes of 

dishwashers, standard and compact, are 

specified in this notice. These classes' 

are distinguished by their capacity. 

Dishwasher energy consumption is 

strongly related to the hot water usage 

of the machine. Compact dishwashers 

use less water and less energy than 

standard size dishwashers. Compact 

dishwashers are dishwashers having an 

exterior width of less than 22 inches: 

Compact dishwashers generally have an 

exterior width of 18", and fit into 

smaller spaces and handle smaller loads 

than standard dishwashers. 

Standard dishwashers are defined as 

those with exterior width of greater than 

or equal to 22 inches. Standard 

dishwashers generally have an exterior 

width of 24". Standard dishwashers 

typically have lower energy factors than 

compact dishwashers, but their larger 

capacity provides increased utility to 

some consumers. 

Exterior width was chosen as the 

criterion of capacity because it 

accurately delineates the two classes of 

dishwashers in the current population 

and is a readily available dimension. 

Using the number of place settings, for 

example, as the criterion of capacity 

would require a definition of the 

standard pieces and how they should be 

placed in the machine, neither of which 

are described in .the DOE test procedure. 

2. Television Sets. Two classes of 

television sets, color and monochrome, 

are specified in this notice. These 

classes arE! distinguished by their ability 

to reproduce images in color, a 
72200 Federal Register / Vol. 44, No. 241 / Thursday, December 13, 1979 / Proposed Rules

performance-related feature which

affects utility and efficiency.

Color television sets consume more

energy than monochrome television sets

because of the use of multiple electron

guns, whereas monochrome television

sets use only one electron gun. For this

reason, energy efficiency levels

achieved by monochrome television sets

are not achievable for color television

sets. (The most efficient monochrome

television set currently known to DOE

typically uses 50 kwh/year, while the

most efficient color television set being

manufactured typically uses 125 kwh!

year.) Since color television sets and

monochrome television sets offer

distinct differences in utility to the

consumer,, DOE is specifying separate

clases for color and monochrome

television sets.

3. Clothes Washers. Two classes of

clothers washers, top loading and front

loading, are specified in this notice.

These classes are distinguished by

performance-related features which

affect utility and efficiency.

Front loaders typically use

significantly less water than top loaders.

Since clothes washer energy

consumption is a strong function of the

hot water usage of the machine, front

loaders typically use significantly less

energy than top loaders. Top loaders, on

the other hand, offer a distinct

performance-related feature in that they

spin the clothes drier. Front loaders are

difficult to balance during the spin dry

cycle and may vibrate significantly. Spin

speeds are typically lower with the front

loaders than with top loaders in order to

reduce vibration. Because of this, top

loaders typically remove more water

from the clothes during the spin cycle

than to front loaders. Because of these

differences in utility and efficiency, top

loading clothes washers and front

loading clothers washers are specified

as separate classes.

4. Humidifiers. Two classes of

humidifiers, central system and room

humidifiers, are specified in this notice.

These classes are distinguished by their

performance-related features which

effect utility and efficiency.

Central system humidifiers are

designed to add moisture into the air

stream of a heating system. A central

system humidifier uses energy supplied

by the furnace to evaporate water used

for humidification, and it adds moisture

to the entire residence.

Room humidifiers are designed to add

moisture directly to the conditioned air

without requiring connection to a

separate heating or distribution system.

Room humidifiers have heaters or other

means to evaporate the water used for

humidification. A room humidifier can

be used to add moisture to a local area

of the residence, and can be moved from

one room to another if necessary.

Because of the differences in the

source of heat for evaporating the water

used for humidification, the DOE test

method for determining energy

efficiency is different for central system

and room humidifiers. This difference,

as well as differences in utility, require

that separate classes be specified for

central system and room humidifiers.

5. Dehumidifiers. No classes of

dehumidifiers are specified. All

dehumidifiers have essentially the same

combination of components and there

do not appear to be any different

functional characteristics which affect

energy consumption that warrant the

specification of separate classes.

IV. Data Needed for the Development of

Proposed_.Energy Efficiency Standards

A. Development of Proposed Energy

Efficiency Standards

Section 325(i) of the Act requires DOE

to determine the maximum improvement

in energy efficiency that is

technologically feasible for each type (or

class) of covered product in proposing a

standard. If the proposed standard is not

designed to achieve such efficiency,

DOE is required to state in the proposed

rule the reasons therefor. If any

standard is proposed at a level below

that which is the maximum

technologically feasible, the reasons for

such a proposal are expected to be

primarily economic, i.e., related to the

seven factors identified by Congress in

section 325(d) of the Act which must be

considered to the extent practicable in

determining whether a standard is

economically justified. In order to

supplement available data for

identifying any reasons for not

proposing a standard at the maximum

technologically feasible level, DOE has

developed Forms CS-179(A) and CS179(B), as shown below. Comments

received in response to this advance

notice will also be used in identifying

any areas which require additional data

prior to prescribing standards.

As previously noted, the Act provides

that DOE may not prescribe any

standard for a particular type or class of

covered product if DOE determines, by

rule, that the establishment of a

standard for that type or class would not

result in significant conservation of

energy or that the establishment of a

standard would not be technologically

feasible or economically justified. The

information currently available to DOE

does not presently warrant a proposal

not to establish standards for any of the

product types covered by this advance

notice. DOE will determine whether to

propose standards for each of these

product types after review of the

comments submitted in response to the

advance notice.

B. Specific Data Requested From

Manufacturers

Each private labeler, importer or

manufacturer of a consumer product

covered by this advance notice is

requested to complete a Form CS-179(A)

and Form CS-179(B) for each separate

class of product (per Table III below).

These forms, which have been reviewed

by the Office of Management and

Budget (OMB), are requested to be

completed in accordance with the

detailed instructions set forth below.

Data can be submitted individually or in

aggregated format, which aggregation

for DOE's purposes may be performed

by trade associations or other groups at

commenters' discretion, in accordance

with applicable anti-trust laws.

Any questions regarding the manner

in which these forms should be

completed or the type of aggregation

useful to DOE should be directed to Mr.

James A. Smith of DOE, at the address

and phone number shown at the

beginning of this notice,

C. Classes of Consumer Product for

Which Data are Requested

Table III below shows the tentative

classes of consumer products for which

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

are requested.

TABLE III-Tentative Product Classes

Product type Product class Code

Dishwashers................. Standard.. ................................. S.

Compact ................................... C.

Television sets ............. Color.......................................... C.

Monochrome ............................ M.

Clothes washers .......... Top loading .............................. TL

Front loading ............................ FL

Humidifiers ................... Central system ......................... CS.

Room ........................................ R.

Dehumidifiers ............... (One class only)....................... DH.

Instructions for Completing Reporting

Form CS-179(A) Survey of Consumer

Product Manufacturers

1. Product Type.-Refer to Table III,

column A. Select the generic name for

the type of the consumer product being

reported. Enter this name in the space

provided.

BILLING CODE 6450-01-M

CAS-RM-79-113 COMMENT 01

72280 Federal Register I Vol. 44, No. 241 I Thursday, December 13, 1979 I Proposed Rules 

performance-related feature which 

affects utility and efficiency. 

Color television sets consume more 

energy than monochrome television sets 

because of the use of multiple electron 

guns. whereas monochrome television 

sets use only one electron gun. For this 

reason. energy efficiency levels 

achieved by monochrome television sets 

are not achievable for color television 

sets. (The most efficient monochrome 

television set currently known to DOE 

typically uses 50 kwh/year, while the 

most efficient color television set being 

manufactured typically uses 125 kwh! 

year.) Since color television sets and 

monochrome television sets offer 

distinct differences in utility to the 

consumer., DOE is specifying separate 

clases for color and monochrome 

television sets. • 3. Clothes Washers. Two classes of 

clothers washers. top loading and front 

loading. are specified in this notice. 

These classes are distinguished by 

performance-related features which 

affect utility and efficiency. 

Front loaders typically use 

Significantly less water than top loaders. 

Since clothes washer energy 

consumption is a strong function of the 

hot water usage of the machine. front 

loaders typically use significantly less 

energy than top loaders. Top loaders. on 

the other hand. offer a distinct 

performance-related feature in that they 

spin the clothes drier. Front loaders are 

difficult to balance during the spin dry 

cycle and may vibrate significantly. Spin 

speeds are typically lower with the front 

loaders than with top loaders in order to 

reduce vibration. Because of this. top . 

loaders typically remove more water 

from the clothes during the spin cycle 

than to front loaders. Because of these 

differences in utility and efficiency. top 

loading clothes washers and front 

loading clothers washers are specified 

as separate classes. 

4. Humidifiers. Two classes of 

humidifiers. central system and room 

humidifiers. are specified in this notice. 

These classes are distinguished by their 

performance-related features which 

effect utility and efficiency. 

Central system humidifiers are 

designed to add moisture into the air 

stream of a heating system. A central 

system humidifier uses energy supplied 

by the furnace to evaporate water used 

for humidification, and it adds moisture 

to the entire residence. 

Room humidifiers are designed to add 

moisture directly to the conditioned air 

without requiring connection to a 

separate heating or distribution system. 

Room humidifiers have heaters or other 

means to evaporate the water used for 

humidification. A room humidifier can 

be used to add moisture to a local area 

of the residence. and can be moved from 

one room to another if necessary. 

Because of the differences in the 

source of heat for evaporating the water 

used for humidification. the DOE test 

method for determining energy 

efficiency is different for central system 

and room humidifiers. This difference. 

as well as differences in utility. require 

that separate classes be specified for 

central system and room humidifiers. 

5. Dehumidifiers. No classes of 

dehumidifiers are specified. All 

dehumidifiers have essentially the same 

combination of components and there 

do not appear to be any different 

functional characteristics which affect 

energy consumption that warrant the 

specification of separate classes. 

IV. Data Needed for the Development of 

Proposed. Energy Efficiency Standards 

A. Development of Proposed Energy 

Efficiency Standards 

Section 325(i) of the Act requires DOE 

to determine the maximum improvement 

in energy efficiency that is 

technologically feasible for each type (or 

class) of covered product in proposing a 

standard. If the proposed standard is not 

designed to achieve such efficiency. 

DOE is required to state in the proposed 

rule the reasons therefor. If any 

standard is proposed at a level below 

that which is the maximum 

technologically feasible. the reasons for 

such a proposal are expected to be 

primarily economic. i.e .. related to the 

seven factors identified by Congress in 

section 325(d) of the Act which must be 

considered to the extent practicable in 

determining whether a standard is 

economically justified. In order to 

supplement available data for 

identifying any reasons for not 

proposing a standard at the maximum 

technologically feasible level. DOE has 

developed Forms CS-179(A) and CS179(B). as shown below. Comments 

received in response to this advance 

notice will also be used in identifying 

any areas which require additional data 

prior to prescribing standards. 

As previously noted. the Act provides 

that DOE may not prescribe any 

standard for a particular type or class of 

covered product if DOE determines. by 

rule. that the establishment of a 

standard for that type or class would not 

result in significant conservation of 

energy or that the establishment of a 

standard would not be technologically 

feasible or economically justified. The 

information currently available to DOE 

does not presently warrant a proposal 

not to establish standards for any of the 

product types covered by this advance 

notice. DOE will determine whether to 

propose standards for each of these 

product types after review of the 

comments submitted in response to the 

advance notice. 

B. Speclfic Data Requested From 

Manufacturers 

Each private labeler. importer or 

manufacturer of a consumer product 

covered by this advance notice is 

requested to complete a Form CS-179(AJ 

and Form CS-179(B) for each separate 

class of product (per Table III below). 

These forms. which have been reviewed 

by the Office of Management and 

Budget (OMB). are requested to be 

completed in accordance with the 

detailed instructions set forth below. 

Data can be submitted individually or in 

aggregated format. which aggregation 

for DOE's purposes may be performed 

by trade associations or other groups at 

commenters' discretion. in accordance 

with applicable anti-trust laws. 

Any questions regarding the manner 

in which these forms should be 

completed or the type of aggregation 

useful to DOE should be directed to Mr. 

James A. Smith of DOE. at the address 

and phone number shown at the 

beginning of this notice. 

C. Classes of Consumer Product for 

Which Data are Requested 

Table III below shows the tentative 

classes of consumer products for which 

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

are requested. 

TABLE 111-Tentative Product Classes 

Product type Product class Code 

Oishwashers................. Standard ......... "........................ S. 

Compact................................... C. 

Television sets ............. Color .......................................... C. 

Monochrome ................ ,........... M. 

Clothes washers.......... Top loading .......................... ".. TL 

Front loading ............................ FL 

Humidifiers ................... Central system " .............. "....... cs. Room .......... " ........ ".................. R. Dehu'!'idlfiers "............. (One class only)....................... OH. 

Instructions for Completing Reporting 

Form CS-179(A) Survey of Consumer 

Product Manufacturers 

1. Product Type.-Refer to Table III. 

column A. Select the generic name for 

the type of the consumer product being 

reported. Enter this name in the space 

provided. 

BtLlING CODE S450-01-M 
(1) Product Type _

(2) Product-Class

(3) Corporate Name

(4) Address

5 (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17)

MON Domestic S ipments Energy Consumption Efficiency

. Number (1,000's ) per DOE Test per DOE Test

Est. Est. Est. Est. Est. Eat . Est. Est.

'72 '78 180 185 '72 '78 '80 '85 '72 '78 '80

Es

(18)

t. Average

CS FORM 179 (A)

SURVEY OF CONSUMER PRODUCT MANUFACTURERS

PAGE OF PAGES

(19) (20)

Design Options

21) (22)

Retail Price

Est. Type Est. Energy,

'85 '78 Savings(%)

Promo uct

Characteristics

Energy Savings

per DOE TestM

(1) Product Type: CS FORM 179 (B)

(2) Product Class: SURVEY OF CONSUMER PRODUCT MANUFACTURERS

(3) Corporate Name: PAGE OF PAGES

(4) Corporate Address:

(5) Unit Model Number(s)

(6) DOE Test Procedure Ef f ic i ency

(7) Product Characteristics:

(8) (9) (10)

Energy Design Actual

Efficiency Options Efficiency Level

Level Required Achieved

BILLING CODE 6450-01-C

(11) (12) . (13)

Lead Time Increase in Change in

for Retail Price Investment

Production

CAS-RM-79-113 COMMENT 01

(1) Product Type (2) Product· Class'--------------------~---------

(3) Corporate Name _________________________ _ 

(4) Address __ --,--, _______ ~-___ _ 

'78 

BilliNG CODe 6450-01-C 

'78 

(1) Product Type: 

(2) Product Class: 

(3) Corporate Name: 

(4) Corporate Address: 

(5) Unit Model Number(s) 

'78 

(6) DOE Test Procedure EfIICIency 

(7) Product Characteristics: 

(8) 

Energy 

Efficiency 

Level 

(9) 

Design 

Options 

Required 

(10) 

Actual 

Efficiency Level 

Achieved 

CS FORM 179 (A) 

SURVEY OF CONSUMER PRODUCT MANUFACTURERS 

PAGE OF PAGES 

(18) (19) (20) (21) (22) 

Est. Average Design Options -Product 

Retail Price Characteristi~ 

Est. Type Est. Energy: Energy Sav-ings 

'85 '78 Savings(%) per DOE Test(') 

CS FORM 179 IB) 

SURVEY OF CONSUMER PRODUCT ~~NUFACTURERS 

PAGE OF PAGES' 

(11) 

Lead Time 

for 

Production 

(12) 

Increase in 

Retail Price 

.(13) 

Change in 

Investment 

'":j 

CD 

c.. 

CD 

~ :;0 

CD 

()Q 

gj' 

;' 

... 

-

<: 

~ 

II'> 

!" 

Z 

Sl 

N 

II'> 

>-' 

-

~ ..., 

~ 

'" c.. 

III 

~ 

o 

ro 

c::> 

ro 

S 

0-

ro 

..., 

>-' 

5-J 

>-' 

co 

'1 

co 

-

~ o 

'1:l 

o 

'" ro 

c.. 

:;:::I 

~ 

co 

'" 

~ N 

Q) 

"'"" 
72282 Federal Register / Vol. 44, No. 241 / Thursday, December 13, 1979 / Proposed Rules

2. Product Class.-Refer to Table III,

column B. For the appropriate product

type, select the generic name for the

class of the consumer product being

reported. Enter this name in the space

provided.

3. Corporate Name.-Selfexplanatory.

4. Corporate Address.-Selfexplanatory.

5. Model Number.-Enter the model

numbers for all of the models

manufactured during calendar year 1978

which fall under the type and class of

consumer product being reported.

Please Note

You are requested to select, at your

option, one of the two reporting

procedures described below to follow

for the purposes of reporting on such

products.

(1) Report on each major component

of the product separately. If a major

component of a product has not been

assigned its own model number, identify

it by the product's model number

enclosed by parentheses.

(2) Report on the product as a whole.

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 of the product. Each

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

will be the first letters of the words for

the title of the product class taken from

the second column of Table III. For

example, the code letters for a central

system humidifier are CS.

6. Domestic Shipments.-Enter the

number of units (in thousands) of each

model shipped by the manufacturer

directly to wholesalers and/or retailers

during calendar year 1972. If the model

was not in production in 1972 but

replaces a model which was in

production in 1972, enter the number of

units of the preceding model so shipped

enclosed by parentheses; otherwise,

enter zero.

7. Enter the number of units of each

model shipped by,the manufacturer

directly to wholesalers and/or retailers

during calendar year 1978. In cases

where a new model was introduced

after 1-1-78, enter the total number of

units of that model so shipped during the

year followed by the date (month and

day) that the first unit was so shipped.

8. Enter the projected number of units

of each model that would be shipped by

the manufacturer directly to wholesalers

and/or retailers during calendar year

1980 if there were no DOE Consumer

Product Efficiency Standards Program.

9. Same as 8, but for 1985 instead of

1980.

10. Energy Consumption per DOE

Test.-Enter the estimated yearly energy

consumption of the calendar year 1972

production version of the model had it

been tested in accordance with the DOE

test procedures. If the model being

reported was not in production in 1972,

enter the estimated yearly energy

consumption of the preceding model

enclosed by parentheses.

11. Enter the yearly energy

consumption of the calendar year 1978

production version of the model

determined in accordance with the DOE

test procedures. If test data are not

available, enter estimated figures and

note as an "estimate."

12. Enter the projected yearly energy

consumption of the calendar year 1980

production version of the model

determined in accordance with the DOE

test procedures if there were no DOE

Consumer Product Efficiency Standard

Program.

13. Same as 12, but for 1985 instead of

1980.

14. Energy Efficiency per DOE Test.-

Enter the estimated energy efficiency

(energy factor or receiver energy

efficiency factor, as appropriate) of the

calendar year 1972 production version of

the model had it been tested in

accordance with the DOE test

procedures. If the model was not in

production in 1972 but replaces a model

which was in production in 1972, enter

the estimated efficiency of the preceding

model enclosed by parentheses.

15. Enter the efficiency of the calendar

year 1978 production version of the

model being reported determined in

accordance with the DOE test

procedures. If test data are not

available, enter estimated figures and

note as an "estimate."

16. Enter the projected efficiency of

the calendar year 1980 production

version of the model being reported

determined in accordance with the DOE

test procedures, assuming there were no

DOE Consumer Product Efficiency

Standards Program.

17. Same as 16, but for 1985 instead of

1980.

18. Estimated Average Retail Price.-

List estimated average retail price in

1978 dollars.

19. Model Comparison.-Compare this

model in 1980 with the model within this

product class having the same capacity

and the lowest 1980 energy efficiency.

Record in column 19 the model number

of ahy such model.

20. Record in column 20 the code

letters of the design options listed in

Table IV, column B, that makes this

model more efficient than the model

being compared. If there are design

options not included in this list, identify

them specifically on the form.

21. Product Characteristics.-Refer to

Table III, column C. Provide, for each

model, the product characteristics listed.

Whenever a measure is requested, e.g.,

capacity, wattage, etc., it is to be

understood that the measure requested

is that determined in accordance with

the Department of Energy's test

procedures for consumer products.

Instructions for Completing Reporting

Form CS-179(B) Survey of Consumer

Product Manufacturers

This form has been developed by the

U.S. Department of Energy for the

purpose of collecting information on

consumer products manufactured during

calendar year 1978. The information

requested will serve as imput to the

technological and economic

assessments to be performed by DOE in

the process of developing energy

efficiency standards for consumer

products.

Important Note

Complete Reporting Form CS-179(A)

before completing this form.

1. Product Type.-Refer to Table III,

column A. Select the generic name for

the type of the consumer product. being

reported. Enter this name in the space

provided.

2. Product Class.-Refer to Table III,

column B, for the appropriate product

type, select the generic name for the

class of the consumer product being

reported. Enter this name in the space

provided.

3. Corporate Name.-Selfexplanatory.

4. Corporate Address.-Selfexplanatory.

5. Unit Model Number(s).-Enter the

model number of the 1978 model being

reported.

6. DOE Test Porcedure Efficiency.-

Enter the energy efficiency of the model

(energy factor or receiver energy

efficiency factor, as appropriate)

determined in accordance with the

Department of Energy 's test procedures

for consumer products. If test data are

not available, enter estimated figures

and note as an "estimate."

7. Product Characteristics.-Refer to

Table IV, 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

CAS-RM-79-113 COMMENT 01

72282 Federal Register / Vol. 44, No. 24'1 / Thursday, December 13, 1979 / Proposed Rules 

2. Product Class.-Refer to Table III, 

column B. For the appropriate product 

type, select the generic name for the 

class of the consumer product being 

reported. Enter this name in the space 

provided. 

3. Corporate Name.-Selfexplanatory. 

4. Corporate Address.-Selfexplanatory. 

5. -"Jodel Number.-Enter the model 

numbers for all of the models 

manufactured during calendar year 1978 

which fall under the type and class of 

consumer product being reported. 

Please Note 

You are requested to select, at your 

option, ope of the two reporting 

procedures described below to follow 

for the purposes of reporting on such 

products. 

(1) Report on each major component 

of the product separately. If a major 

component of a product has not been 

assigned its own model number, identify 

it by the product's model number 

enclosed by parentheses. 

(2) Report on the product as a whole. 

In this case. items 5 through 9 and 18 are 

10 be reported for the product as a 

whole and items 10 through 17, and 19 

through 22 are to be reported fot the 

major components of the product. Each 

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 cla'sses 

will be the firs,t letters of the words for 

the title of the product class taken from 

the second column of Table III. For 

example. the code letters for a central 

system humidifier are CS. 

6. Domestic Shipments.-Enter the 

humber of units (in thousands) of each 

model shipped by the manufacturer 

directly to wholesalers and/ or retailers 

during calendar year 1972. If the model 

was not in production in 1972 but 

replaces a model which was in 

production in 1972, enter the number of 

units of the preceding model so shipped 

enclosed by parentheses; otherwise, 

enter zero. 

7. Enter the number of units of each 

model shipped byJhe manufacturer 

directly to wholesalers and/ or retailers 

during calendar year 1978. In cases 

where a new model was introduced 

after 1-1-78, enter the total number of 

units of that model so shipped during the 

year followed by the date (month and 

day) that the first unit was so shipped. 

8. Enter the projected number of units 

of each model that would be shipped by 

the manufacturer directly to wholesalers 

and/ or retailers during calendar year 

1980 if there were no DOE Consumer 

Product Efficiency Standards Program. 

9. Same as 8, but for 1985 instead of 

1980. 

10. Energy Consumption per DOE 

Test.-Enter the estimated yearly energy 

consumption of the calendar year 1972 

production version of the model had it 

been fested in accordance with the DOE 

test procedures. If the model being 

reported was not in production in 1972, 

enter the estimated yearly energy 

consumption of the preceding model 

encJost3d by parentheses. 

11. Enter the yearly energy 

consumption of the calendar year 1978 

production version of the model 

determined in accordance with the DOE 

test procedures. If test data are not 

available. enter estimated figures and 

note as an "estimate." 

12. Enter the projected yearly energy 

consumption of the calendar year 1980 

production version of the model 

determined in accordance with the DOE 

test procedures if there were no DOE 

Consumer Product Efficiency Standard ' 

Program. 

13. Same as 12. but for 1985 instead of 

1980. 

14. Energy Efficiency per DOE Test.-

Enter the estimated energy efficiency 

(energy factor or receiver energy 

efficiency factor, as appropriate) of the 

calendar year 1972 production version of 

the model had it been tested in 

accordance with the DOE test 

procedures. If the model was not in 

production in 1972 but replaces a model 

which was in production in 1972. enter 

the estimated efficiency of the preceding 

model enclosed by parentheses. 

15. Enter the efficiency of the calendar 

year 1978 production version of the 

model being reported determined in 

accordance with the DOE test 

procedures. If test data are not 

available, enter estimated figures and 

note as an "estimate." 

16. Enter the projected efficiency of 

the calendar year 1980 production 

version of the model being reported 

determined in accordance with the DOE 

test procedures. assuming there were no 

DOE Consumer Product Efficiency 

Standards Program. 

17. Same as 16, but for 1985 instead of 

1980. 

18. Estimated A verage Retail Price.-

List estimated average retail price in 

1978 dollars. 

19. Model Comparison.-Compare this 

model in 1980 with the model within this 

product class having the same capacity 

and the lowest 1980 energy efficiency. 

Record in column 19 the model number 

of ahy such model. 

20. Record in column 20 the code 

letters of the design options listed in 

Table IV, column B, that makes this 

model more efficient than the model 

being compared. If there are design 

options not included in this list, identify 

them specifically on the form. 

21. Product Characleristics.-Refer to 

Table m, column C. Provide, for each 

model, the product characteristics lis ted. 

Whenever a measure is requested. e.g .. 

capacity. wattage, etc., it is to be 

understood that the measure requested 

is that determined in accordance with 

the Department of Energy's test 

procedures for consumer products. 

Instructions for Completing Reporting 

Form CS-179(B) Survey of Consumer 

Product Manufacturers 

This form has been developed by the 

U.S. Department of Energy for the 

purpose of collecting information on 

consumer products manufactured during 

calendar year 1978. The information 

requested will serve as impul to the 

technological and economic 

assessments to be performed by DOE in 

the process of developing energy 

efficiency standards for consumer 

products. 

Important Note 

Complete Reporting Form CS-179(A) 

before completing this form. 

1. Product Type.-Refer to Table III, 

column A. Select the generic name for 

the type of the consumer product being 

reported. Enter this name in the space 

provided. 

2. Product Class.-Refer to Table III. 

column B. for the appropriate product 

type, select the generic name for the 

class of the consumer product being 

reported. Enter this name in the space 

provided. 

3. Corporate Name.-Selfexplana tory. 

4. Corporate Address.-Self'-

explanatory. 

5. Unit Model Number(s).-Enter the 

model number of the 1978 model being 

reported. 

6. DOE Test Porcedure EfficientlY.-

Enter the energy efficiency of the model 

(energy factor or receiver energy 

efficiency factor, as appropriate) 

determined in accordance with the 

Department of Energy's test procedures 

for consumer products. If test data are 

not available, enter estimated figures 

and note as an "estimate." ' 

7. Product Chamcteristics.-Refer to 

Table IV. 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 
Federal Register / Vol. 44, No. 241 / Thursday, December 13, 1979 / Proposed Rules

the Department of Energy's test

procedures for consumer products.

Special Note for Item 8-13.-One

purpose of this section of the form is to

obtain manufacturer 's projections of the

changes that they would effect in the

(Column A)

design of the model being reported in

order to achieve certain energy

efficiency levels. The other purpose is to

obtain manufacturer's projections of the

timing and impacts (price and

investment) of effecting these changes in

design if they were to be adopted.

Table IV.-Design Options and Product Characteristics

(Column B)

Product Design options Product characteristics

Dishwashers .......................... A-Optional Power Dry ..................................................... (a) Exterior width, inches.

B-Reduce Inlet Water Temperature Requirement.......

C-Modify Sump Geometry (to reduce water consumption).

D-Improve Fill. Controls ...................................................

E-Improve insulation .......................................................

Television sets ...................... A-Eliminate Instant-On....................................................

B-Replace Tubes (other than picture tube) with

Solid State Components.

C-Improve Thermal Design ............................................

Clothes washers... ................. A-Eliminate Warm Rinses ..............................................

B-Improve Fill Control .....................................................

C-Reduce Thermal Mass ...............................................

D-Increase Motor Efficiency ...........................................

E-Add Insulation ..............................................................

F-Reduce Tub Clearances .............................................

Humidifiers ............................. A-Add Humidislat ............................................................

B-Improve Fan Motor Efficiency ....................................

Dehumidifiers ......................... A-Improve Compressor Efficiency.................................

B-Improve Condensor Heat Transfer ............................

C-Improve Fan Motor Efficiency ....................................

D-Improve Controls .........................................................

E-Improve Cycle Efficiency ............................................

(b) Total water consumption per cycle and

tolerance, gallons.

(c) Hot water temperature requirement, `F.

(a) Picture tube diagonal measure, inches.

(a) Capacity, ft'.

(b) Per cent of hot water fill.

(c) Number of cycle options.

(a) Humidification rate, gallons/day.

(b) Means of evaporating water, e.g., fluid

pan, wetted element, atomization.

(a) Capacity, pints/day.

Table V.-Energy Efficiency Levels

(Column A) (Column B)

Product type Product class

(Column C)

(Column C)

Energy efficiency (see bottom of page

for explanation at symbols)

EF t

Dishwashers ..............._:.......... _........... ........................ Standard................................... .22

Compact ................................... .25

REEF 1

EF 2 EF 3

.30 Al

.44 .50

REEF 2. REEF 3

Television sets ........:.......................................... .......... Color.......................................... 70 123 229

Monochrome ............................ 59 88 176

722,83

r

8. Energy Efficiency Level.-Refer to

Table V. Three or more energy

efficiency levels have been identified for

each product type and class listed.

Identify the levels that pertain to the

model being reported based on the

product type and class entries made in

items 1 and 2 of this form. Enter the

lowest level listed at the top of the

column for this item unless this level is

lower than that of the model being

reported (item 6) in which case enter the

lowest level listed which is greater than

the model's efficiency. Proceed to

complete items 9 through 13 for this

entry then return to the listing of energy

efficiency levels, select the next higher

level listed, and enter this level in the

column for this item. Proceed to

complete items 9 through 13 for this next

higher energy efficiency level. Repeat

this procedure for the remainder of the

energy efficiency levels listed.

9. Design Options Required.-Refer to

Table IV, column B. A list of design

options is presented for each product

type. Using this list, identify the design

options or combination of design options

that, if incorporated into the design of

the model being reported,-are projected

to achieve the energy efficiency level

identified-in item 8 at the lowest cost to

the manufacturer. Enter the code letters

which correspond to the design options

identified in this item in columnar form.

If there are design options which the

manufacturer would employ to achieve

levels which do not appear in the list in

Table IV, column B, identify them

specifically on the form.

If the model cannot be modified to

achieve an energy efficiency level, enter

the abbreviation "NA" for not

applicable in this item for the level. No

further entries need be made on the

form for the model being. reported,

10. Actual Efficiency Level

Achieved-When applying design

changes from (9) to achieve certain

Clothes washers , ...................................... ............. ..... Top loading .............................. .57 .75

Front loading ............................ 1.04

Humidifiers.................................................................... Central system ........................ 92 92

Room ........................................ 93 93(

Dehumidifiers ............................................................... All .............................................. 1.44 2.24

1.01

1.25

92

93

2.90

EF=Energy Factor: cycles per kilowatt-hour for dishwashers, cubic feel per kilowatt-hour for clothes washers, percent for

humidifiers. pints/kwhr for dehumidifiers.

REEF= Receiver energy efficiency factor, percent for television sets.

EF 1 EF 2 EF 3

efficiency levels in (8), it is,likely that

exact levels will not be achieved.

Record the level of efficiency that will

be achieved when certain options are

added to the individual basic models.

11. Lead Time for Production.-For

each design option listed in item 9, enter

the year and month that the first

production unit of the model

incorporating the design option would

be manufactured.

12. Increase in Suggested Retail

Price.-For each design option listed in

item 9, enter the estimated increase in

the retail price of the model if the design

option were incorporated into its design.

13. Change in Investment.-For each

design option listed in item 9, estimate,

CAS-RM-79-113 COMMENT 01

Federal Register / Vol. 44, No. 241 / Thursday, December 13, 1979 / Proposed Rules ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~J"~~~~~~~O~ql~'~'~~~~~~~~=~'~'~~~~ 

the Department of Energy's test 

procedures for consumer products. 

Special Note for Item 8-13.-0ne 

purpose of this section of the form is to 

obtain manufacturer's projections of the 

changes that they would effect in the 

design of the model being reported in 

order to achieve certain energy 

efficiency levels. The other purpose is to 

obtain manufacturer's projections of the 

timing and impacts (price and 

investment) of effecting these changes in 

design if they were to be adopted. 

Table IV .-Design Options and Product Characteristics 

(Column A) (Column B) (Column C) 

Product Design options Product characteristics 

Dishwashers .•...•....••..•.•.•.....•. A-Optional Power Dry ..................................................... (a) Exlerior widlh. inches. 

8-Reduce Inlet Water Temperature Requirement....... (b) Total water consumption per cycle and 

tolerance. gallons. 

C-Modlfy Sump Geometl)l (to reduce water can· 

sumption). 

(e) Hot water temperature requirement, <IF. 

D-Improve Fill. Controls .................................................. . 

E-Improve Insulation ..................................................... .. 

Television sets ..•................•.. A-Eliminate Instant·On ..................................•............... ,. 

B-Replace Tubes (other than picture tUbe) Witll 

Solid Slate Components. 

(a) Picture tube diagonal measure, inches. 

C-Improva The-rmal Design ...........•... , ... , ...................... .. 

Clothos washers .................... A-Eliminate Warm Rinses .......................................... ".. (a) Capacity. CP. B-Improve Fill Contra!..................................................... (b) Per cent of hot water fill. 

C-Reduce Thermal Mass ............................................... (e) Number of cycle options. 

O-Increase Motor Efficiency .................. , ....................... . 

E-Add Insulation ............................................................. . 

F-Reduce Tub Clearances ........................................... .. 

Humidifiers ............................. A-Add Humidistat .......................................................... .. Ie) Humidification rate. gallons/day. 

B-Improve Fan Motor Efficiency .................................. .. (b) Means of evaporating water. e.g., fluid 

pan, wetted element, atomization. 

Dehumidifiers ......................... A-Improve Compressor Efficiency ............................... .. 

(Column A) 

Product type 

B-Improve Condensor Heat Transfer ........................... . 

C-Improve Fan Molar Efficiency .................................. .. 

D-Improve Controls ....................................................... .. 

E-Improve Cyclo Efficiency ........................................... . 

Table V.-Energy Efficiency Levels 

(Column B) 

Product class 

(a) Capacity. pints/day. 

(Column C) 

Energy efficiency (see bottom of page 

for explanation of symbols) 

EF 1 EF 2 EF 3 

Dis~washers ................ , ........... _................................... Standard ................................... .22 .30 

Compact................................... .25 .44 

.41 

.50 

REEF 1 REEF 2 REEF 3 

Tel.vision sets .............................................................. Color.......................................... 70 123 229 

Monochrome ............................ 59 88 176 

EF 1 EF 2 EF 3 

Clothes washers .......................................................... Top loading .............................. .57 .75 1.01 

Front loading ........................ "., •.. , ............ " .... .. 1.04 1.25 

92 92 

93 { 93 Humidifiers.................................................................... Central system ......................... 92 

Room ........................................ 93 

Dehumidiliers ............................................................... All .............................................. 1.44 2.24 2.90 

EF=Energy Factor: cycles per kilowatt-hour for dishwashers. cubic feel per kilowatt~hour for clothes washers, percent for 

humidifiers. pints/kwhr for dehumidifiers. 

REEF = Receiver energy efficiency factor: percent for television sets. 

8. Energy Efficiency Level.-Refer to 

Table V. Three or more energy 

efficiency levels have been identified foe 

each product type and class listed. 

Identify the levels that pertain to the 

model being reported based on the 

product type and class entries made in 

items 1 and 2 of this form. Enter the 

lowest level listed at the top of the 

column for this item unless this level is 

lOWer than that of the model being 

reported (item 6) in which case enter the 

lowest level listed which is greater than 

the model's efficiency. Proceed to 

complete items 9 through 13 for this 

entry then return to the listing of energy 

efficiency levels, select the next higher 

level listed, and enter this level in the 

column for this item. Proceed to 

complete items 9 through 13 for this next 

higher energy efficiency level. Repeat 

this procedure for the remainder of the 

energy efficiency levels listed. 

9. Design Options Required.-Refer to 

Table IV, column B. A list of design 

options is presented for each product 

type. Using this list, identify the design 

options or combination of design options 

that, if incorporated into the design of 

the model being reported,-are projected 

to achieve the energy efficiency level 

identified'in item 8 at the lowest cost to 

the manufacturer. Enter the code letters 

which correspond to the desi sn options 

identified in this item in coh"mnar form. 

If there are design options which the 

manufacturer would employ to achieve 

levels which do not appear in the list in 

Table IV, column B, identify them 

specifically on the form. 

If the model cannot be modified to 

achieve an energy efficiency level, enter 

the abbreviation UNA" for not 

applicable in this item for the level. No 

further entries need be made on the 

form for the model beingreported, 

10. Actual Efficiency Level 

Achieved.-When applying def)ign 

ch~nges from (9) to achieve certain 

efficiency levels in (8). it is,likely that 

exact levels will not be achieved. 

Record the level of efficiency that will 

be achieved when certain options are 

added to the individual basic models. 

11. Lead Tillle for Production.-For 

each design option listed in item 9, enler 

the year and month that the first 

production unit of the model 

incorporating the design option would 

be manufactured. 

12. Increase in Suggested Retail 

Price.-For each design option listed in 

item 9, enter the estimated increase in 

the retail price of the model if the design 

option were incorporated into its design. 

13. Change in lnvestment.-For each 

design option listed in item 9, estimate, 
72284 Federal Register / Vol. 44, No, 241 / Thursday, December 13, 1979 / Proposed Rules

on a per unit basis, the cost of the new

structures, machinery, and equipment

that would be required for production of

the model if the design option is

incorporated into its design. Express

such estimates in terms of the 1978

dollars.

V. Enforcement

An enforcement program is expected

to be included in the notice of proposed

rulemaking, specifying proposed

requirements on manufacturers for

demonstrating compliance with a

standard, as well as proposing the

actions DOE could take to assure

compliance.

DOE has begun an analysis of

enforcement program alternative which

evaluates ongoing Federal, State and

industry programs. The different

approaches are being analyzed

according to the overall program costs

and benefits, including costs to

manufacturers, consumers and the

Government. An important part of this

evaluation includes contact with

manufacturers and trade associations.

The programs that have been

evaluated include the following:

1. Environmental Protection Agency; a.

Product Noise Enforcement Program. b.

Automobile Exhaust Emission Certification

Program.

2. National Highway Traffic Safety

Administration; Enforcement of Motor

Vehicle Safety Standards.

3. Department of Defense/Fleet Ballistic

Missiles; Procurement Standards.

4. State of California; Enforcement of

Appliance Energy Efficiency Standards.

5. Association of Home Appliance

Manufacturers; Certification Program for

Room Air Conditioners.

6. Air Conditioning and Refrigeration

Institute; Certification of Unitary Air

Conditioners.

7. Underwriters Laboratory; Product Safety

Certification.

In providing any comments or

alternative approaches, commenters

should focus on the enforcement

authority granted in the Act (discussed

in section II B of this notice) and the

potential impacts of implementing

various approaches available pursuant

to this authority.

VI. Consumer Participation

Because of the direct impact of the

standards on individual consumers,

DOE wishes to achieve in the standards

development process the maximum level

of consumer participation possible. To

assist the Department in achieving this

goal, a public meeting will be held in

Washington, D.C., at the time and place

specified at the beginning of this notice.

Representatives of consumer groups

and individual consumers are urged to

attend this meeting and to make oral or

written statements regarding the

standards program. DOE is mailing

copies of this notice to all individuals

and consumer organizations identified

as having an interest in standards

development.

Additional information regarding

consumer preference is expected to be

received from a survey to be conducted

under DOE direction. The survey will be

used to determine, with respect to

energy efficiency, what products have

been purchased and what products

consumers expect to purchase. Data

from this survey will be used in DOE's

demand analysis studies to determine

the economic impacts of proposed

standards.

DOE requests interested persons to

submit suggestions and comments

regarding the methods that DOE should

consider in order to maximize consumer

participation in the development of

standards.

VII. Environmental Review

This advance notice of proposed

rulemaking is being published primarily

to invite comments from the public

regarding the establishment of energy

efficiency standards for certain

consumer products. This action is

informational in nature, and does not

commit the agency to any specific

course of action at this time. DOE has

therefore determined that this advance

notice does not constitute a major

Federal action significantly affecting the

quality of the human environment

within the meaning of the National

Environmental Policy Act of 1969

(NEPA), 43 U.S.C. 4321 et seq.

Consequently„ an environmental

analysis is not necessary in connection

with its publication.

An appropriate environmental

analysis will be made in connection

with the proposed rulemaking and

information regarding the environmental

analysis will be issued concurrently

with publication of the Notice of

Proposed Rulemaking.

VIII. Comments on Issues

Issues and questions relating to the

development of standards are found

throughout this notice. The following list

of issues, while highlighting some of the

major areas of interest to DOE, is not

intended to be comprehensive and

should not be construed as limiting the

scope of comments relating to this

notice.

1. DOE intends to phase in the

standards over a five year period, as

described in this notice, with the final

standards becoming effective no later

than November 1986. DOE is interested

in comments relating to this schedule

and other alternative phase-in

schedules.

2. DOE has identified the product

types and classes to which standards

are likely to apply. Product classes were

selected on the basis of utility and

performance-related featues. DOE

would like to receive comments

pertaining to the proposed classes. If

additional classes are recommended, the

recommendations should include the

rationale for the establishment of such

classes based on the class selection

criteria discussed above.

3. For purposes of this notice, DOE

has defined the "maximum

technologically feasible energy

efficiency" in section III B. DOE invites

comments on this definition and on the

preliminary efficiency levels listed in

Table H.

4. DOE's approach to the development

of an energy efficiency standard

enforcement program has been

discussed in section V. Suggestions

relating to a compliance and

enforcement program would be most

valuable in the early stages of program

development. In providing any

comments or alternative approaches,

manufacturers, trade associations and

the general public should focus on the

enforcement authority granted in the Act

(discussed in section II B) and the

effectiveness and potential impacts of

implementing various approaches

pursuant to this authority.

5. DOE believes, on the basis of

information currently available, that

retail prices vary widely for products of

similar efficiencies produced by

different manufacturers. Further, retail

prices of identical products

manufactured by a single manufacturer

vary widely. DOE is interested in

quantifying the economic factors that

are most important in accounting for the

numerous retail pricing strategies found

in the marketplace.

6. Costs to operate consumer products

vary widely across the Nation due to

different costs of energy, climatic

variations, and the different ways in

which consumers use these products.

DOE is interested in receiving comments

regarding methods that could be used to

assess the impact of these variable costs

on the minimum level of energy

efficiency that should be reflected in the

standards.

7. DOE has identified: the data

requested from manufacturers in Section

IV B. DOE invites comments on- the data

requested in Form CS-179(A) and Form

CS-179(B).

CAS-RM-79-113 COMMENT 01

72284 Federal Register I Vol. 44, No. 241 I Thursday, December 13, 1979 I Proposed Rules 

on a per unit basis, the cost of the new 

structures, machinery, and equipment 

that would be required for production of 

the model if the design option is 

'incorporated into its design. Express 

such estimates in terms of the 1978 

dollars. 

V. Enforcement 

An enforcement program is expected 

to be included in the notice of proposed 

rulemaking, specifying proposed 

requirements on manufacturers for 

demonstrating compliance with a 

standard, as well as proposing the 

actions DOE could take to assure 

compliance. 

DOE has begun an analysis of 

enforcement program alternative which 

evaluates ongoing Federal, State and 

industry programs. The different 

approaches are being analyzed 

according to the overall program costs 

and benefits, including costs to 

manufacturers, consumers and the 

Government. An important part of this 

evaluation includes contact with 

manufacturers and trade associations. 

The programs that have been 

evaluated include the following: 

1. Environmental Protection Agency; a. 

Product Noise Enforcement Program. b. 

Automobile Exhaust Emission Certification 

Program. 

2. National Highway Traffic Safety 

Administration; Enforcement of Motor 

Vehicle Safety Standards. 

3. Department of Defense/Fleet Ballistic 

Missiles; Procurement Standards. 

4. State of California; Enforcement of 

Appliance Energy Efficiency Standards. 

5. Associa lion of Home Appliance 

Manufacturers; Certification Program for 

Room Air Conditioners. 

6. Air Conditioning and Refrigeration 

Institute; Certification of Unitary Air 

Condi lioners. 

7. Underwriters Laboratory; Product Safety 

Certification. 

In providing any comments or 

alternative approaches, commenters 

should focus on the enforcement 

authority granted in the Act (discussed 

in section II B of this notice) and the 

potential impacts of implementing 

various approaches available pursuant 

to this authority. 

VI. Consumer Participation 

Because of the direct impact of the 

standards on individual consumers, 

DOE wishes to achieve in the standards 

development process the maximum level 

of consumer participation possible. To 

assist the Department in achieving this 

goal, a public meeting will be held in 

Washington, D.C., at the time and place 

specified at the beginning of this notice. 

Representatives of consumer groups 

and individual consumers ar.e urged to 

attend this meeting and to make oral or 

written statements regarding the 

standards program. DOE is mailing 

copies of this notice to all individuals 

and consumer organizations identified 

as having an interest in standards 

development. 

Additional information regarding 

consumer preference is expected to be 

received from a survey to be conducted 

under DOE direction. The survey will be 

used to determine, with respect to 

energy efficiency, what products have 

been purchased and what products 

consumers expect to purchase. Data 

from this survey will be used in DOE's 

demand analysis studies to determine 

the economic impacts of proposed 

standards. 

DOE requests interested persons to 

submit suggestions and comments 

regarding the methods that DOE should 

consider in order to maximize consumer 

participation in the development of 

standards. 

VII. Environmental Review 

This advance notice of proposed 

rulemaking is being published primarily 

to invite comments from the public 

regarding the establishment of energy 

efficiency standards for certain 

consumer products. This action is 

informational in nature, and does not 

commit the agency to any specific 

course of action at this time. DOE has 

therefore determined that this advance 

notice does not constitute a major 

Federal action significantly affecting the 

quality of the human environment 

within the meaning of the National 

Environmental Policy Act of 1969 

(NEPA), 43 U.S.C. 4321 et seq. 

Consequently" an environmental 

analysis is not necessary in connection 

with its publication. 

An appropriate environmental 

analysis will be made in connection 

with the proposed rulemaking and 

information regarding the environmental 

analysis will be issued concurrently 

with publication of the Notice of 

Proposed Rulemaking. 

VIII. Comments on Issues 

Issues and questions relating to the 

development of standards are found 

throughout this notice. The following list 

of issues, while highlighting some of the 

major areas of interest to DOE, is not 

intended to be comprehensive and· 

should not be construed as limiting the 

scope of comments relating to this 

notice. 

1. DOE intends to phase in the 

standards over a five year period. as 

described in this notice. with the final 

standards becoming effective no later 

than November 1986. DOE is interested 

in comments relating to this schedule 

and other alternative phase-in 

schedules. 

2. DOE has identified the product 

types and classes to which standards 

are likely to apply. Prodl,!ct classes were 

selected on the basis of utility and 

performance-related featues. DOE 

would like to receive comments 

pertaining to the proposed classes. If 

additional classes are recommended, the 

recommendations should include the 

rationale for the establishment of such 

classes based on the class selection 

criteria discussed above. 

3. For purposes of this notice, DOE 

has defined the "maximum 

technologically feasible energy 

efficiency" in section III B. DOE invites 

comments on this definition and on the 

preliminary efficiency levels listed in 

Table II. 

4. DOE's approach to the development 

of an energy efficiency standard 

enforcement program has been 

discussed in section V. Suggestions 

relating to a compliance and 

enforcement program would be most 

valuable in the early stages of program 

development. In providing any 

comments or alternative approaches, 

manufacturers, trade associations and 

the general public should foc).ls on the 

enforcement authority granted in the Act 

(discussed in section II B) and the 

effectiveness and potential impacts of 

implementing various approaches 

pursuant to this authority. 

5. DOE believes, on the basis of 

information currently available, that 

retail prices vary widely for products of 

similar efficiencies produced by 

different manufacturers. Further, retail 

prices of identical products 

manufactured by a single manufacturer 

vary widely. DOE is interested in 

quantifying the economic factors that 

are most important in accounting for the 

numerous retaiipricing strategies found 

in the marketplace. . 

6. Costs to operate consumer products 

vary widely across the Nation due to 

different costs of energy, climatic 

variations, and the different ways in . 

which consumers use these products. 

DOE is interested in receiving comments 

regarding methods that could be used to 

assess the impact of these variable costs 

on the minimum level of energy 

efficiency that should be reflected in the 

standards. 

7. DOE has identified: the data 

requested from manufacturers in Section 

IV B. DOE invites comments on'the data 

requested in Form C8-179(A) and Form 

CS-179(B). 
Federal Register / Vol. 44, No. 241 / Thursday, December 13, 1979 / Proposed Rules . 72285

IX. Comment Procedures

Interested persons are invited to

participate in the development of

standards by submitting, to the address

indicated at the beginning of this notice,

data, views or arguments with respect to

the subjects set forth in this notice.

Comments should be identified on the

outside of the envelope, and on

documents submitted to DOE, with the

designation, "Energy Efficiency

Standards for Consumer Products."

Fifteen copies are requested to be

submitted, but this is not a requirement

for submitting comments.

Persons responding to this notice may

consider part or all of their comments to

be of a confidential nature, because the

release of certain types of information -

might be deemed to cause substantial

competitive injury. If any person

believes that any information submitted

is covered by the exemption to the

Freedom of Information Act dealing

with trade secrets and commercial or

financial information obtained from a

person and considered privileged or

confidential (5 U.S.C. 552(b)(4)), the

person should so state at the time of

submission and request that DOE treat

this information as confidential. Factors

of interest to DOE when evaluating

requests to treat as confidential

information that has been submitted

include: (1) A description of the item; (2)

an indication as to whether and why

such items of information have been

treated by the submitting party as

confidential, and whether and why such

items are customarily treated as

confidential within the industry; (3)

whether the information is generally

known or available from other sources;

(4) whether the information has

previously been made available to

others without obligation concerning its

confidentiality; (5) an explanation of the

competitive injury to the submitting

person which would result from public

disclosure; and (6) an indication as to

when such information might lose its

confidential character due to the

passage of time,

DOE is also interested in obtaining

views on what specific types of

information warrant consideration

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

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

information might include:

1. Number of units produced annually,

by model.

2. Factory shipment price of each

model.

3. 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 data which he believes to

be confidential and exempt by law from

public disclosure should submit one

complete copy, and fifteen copies from

which the information believed to be

confidential has been deleted. In

accordance with the procedures

established at 10 CFR 1004.11, DOE shall

make its own determination with regard

to any claim that information submitted

be exempt from public disclosure.

All comments received on or before

the date specified at the beginning of

this advance notice will be considered

by DOE in developing the proposed

standards. The comment period will

extend beyond the 45 day comment

period specified in section 325(i)(1)(B) of

the Act because DOE's policy pursuant

to Executive Order 12044 requires at

least a 60 day comment period. Further,

DOE believes that the additional time

will result in more meaningful response

to this notice, and this extension will not

result in delay of the legislated

timetable for the prescription of

standards.

further procedural rules needed for the

proper conduct of the meeting will be

announced by the presiding officer.

Transcripts of the meetings will be

made, and the entire record of the

meetings, including the transcripts, will

be retained by DOE and made available

for inspection at the DOE Freedom of

Information Office in the Forrestal

Building, Independence Avenue and

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

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

p.m., Monday through Friday. Any

person may purchase a copy of the

transcript from the transcribing reporter.

Issued in Washington, D.C., December 3,

1979.

Kelly C. Sandy III,

Executive Director, Conservation and Solar

Energy.

[FR Doc. 79-37852 Filed 12-12-79:8:45 am]

BILLING CODE 6450-01-M

X. Oral Presentation: Conduct of

Meetings

Any person who has an interest in

this proceeding, or who is a

representative of a group of persons

having an interest, may make a written

request for an opportunity to make an

oral presentation at the public meetings

to be held on the date indicated at the

beginning of this notice. Such requests

should be labeled both on the document

and on the envelope, "Energy Efficiency

Standards for Consumer Products," and

should be sent to the address indicated

at the beginning of this notice, by the

time there specified.

The person making the request should

briefly describe the interest concerned

and, if appropriate, state why he is a

proper representative of a group that

has an interest, and give a phone

number where he may be contacted.

DOE reserves the right to select the

persons to be heard at these meetings, to

schedule the respective presentations,

and to establish the procedures

governing the conduct of the meetings.

The length of each presentation may be

limited, due to the number of persons

requesting to be heard. If time permits,

the official conducting the meeting may

accept additional comments or

questions from those attending.

The meetings 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

CAS-RM-79-113 COMMENT 01

Federal Register I Vol. 44, No. 241 I Thursday, December 13, 1979 I Proposed Rules 72285 

IX. Comment Procedures 

Interested persons are invited to 

participate in the development of 

standards by submitting, to the address 

indicated at the beginning of this notice, 

data. views or arguments with respect to 

the subjects set forth in this notice. 

Comments should be identified on the 

outside of the envelope, and on 

documents submitted to DOE. with the 

designation. "Energy Efficiency 

Standards for Consumer Products." 

Fifteen copies are requested to be 

submitted. but this is not a requirement 

for submitting comments. 

Persons responding to this notice may 

consider part or all of their comments to 

be of a confidential nature, because the 

release of certain types of information 

might be deemed to cause substantial 

competitive injury. If any person 

believes that any information submitted 

is covered by the exemption to the 

Freedom of Information Act dealing 

. with trade secrets and commercial or 

financial information obtained from a 

person and considered privileged or 

c(;mfidential (5 U.S.C. 552(b)(4)), the 

person should so state at the time of 

submission and request that DOE treat 

this information as confidential. Factors 

of interest to DOE when evaluating 

requests to treat as confidential 

information that has been submitted 

include: (1) A description of the item; (2) 

an indication as to whether and why 

such items of .information have been 

treated by the submitting party as 

confidential. and whether and why such 

items are customarily treated as 

confidential within the industry; (3) 

whether the information is generally 

known or available from other sources; 

(4) whether the information has 

previously been made available to 

others without obligation concerning its 

confidentiality; (5) an explanation of the 

competitive injury to the submitting 

person which would result from public 

disclosure; and (6) an indication as to 

when such information might lose its 

confidential character due to the 

passage of time. 

DOE is also interested in obtaining 

views on what specific types of 

information warrant consideration 

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

552(b)(4}. Examples of specific types of 

information might include: 

1. Number of units produced annually, 

by model, 

2. Factory shipment price of each 

model. 

3. 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 data which he believes to 

be confidential and exempt by law from 

public disclosure should submit one 

complete copy. and fifteen copies from 

which the information believed to be 

confidential has been deleted. In 

accordance with the procedures 

established at 10 CFR 1004.11, DOE shall 

make its own determination with regard 

to any claim that information submitted 

be exempt from public disclosure. 

All comments received on or before 

the date specified at the beginning of 

this advance notice will be considered 

by DOE in developing the proposed 

standards. The comment period will 

extend beyond the 45 day comment 

period specified in section 325(i)(1}(B) of 

the Act because DOE's policy pursuant 

to Executive Order 12044 requires at 

least a 60 day comment period. Further, 

DOE believes that the additional time 

will result in more meaningful response 

to this notice. and this extension will not 

result in delay of the legislated 

timetable for the prescription of 

standards. 

X. Oral Presentation: Conduct of 

Meetings 

Any person who has an interest in 

this proceeding. or who is a 

representative of a group of persons 

h,aving an interest. may make a written 

request for an opportunity to make an 

oral presentation at the public meetings 

to be held on the date indicated at the 

beginning of this notice. Such requests 

should be labeled both on the document 

and on the envelope, "Energy Efficiency 

Standards for Consumer Products," and 

should be sent to the address indicated 

at the beginning of this notice, by the 

time there specified. 

The person making the request should 

. briefly describe the interest concerned 

and, if appropriate, state why he is a 

proper representative of a group that 

has an interest, and give a phone 

number where he may be contacted. 

DOE reserves the right to select the 

persons to be heard at these meetings, to 

schedule the respective presentations, 

and to establish the procedures 

governing the conduct of the meetings. 

The length of each presentation may be 

limited. due to the number of persons 

requesting to be heard. If time permits, 

the official conducting the meeting may 

accept additional comments or 

questions from those attending. 

The meetings will not be a judicial or 

evidentiary-type hearing. Except during 

those periods when comments or 

questions are requested from the floor, 

questions will be asked only by the 

persons conducting the meeting. Any 

further procedural rules needed for the 

proper conduct of the meeting will be 

announced by the presiding officer. 

Transcripts of the meetings will be 

made. and the entire record of the 

meetings. including the transcripts. will 

be retained by DOE and made available 

for inspection at the DOE Freedom of 

Information Office in the Forrestal 

Building. Independence A venue and 

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

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

p.m., Monday through Friday. Any 

person may purchase a copy of the 

transcript from the transcribing reporter. 

Issued in Washington. D.C .. December 3. 

1979. 

Kelly C. Sandy III, 

Executive Director, Conservation and Solar 

Energy. 

[FR Doc. 79-37652 Filed 12-12-79: 6:45 8m] 

BILLING CODE 6450-01-M