6

Federal Register / Vol. 51. No. 228 / Wednesday. November 26. 1986 I Rules and Regulations 42823

baled: August 1. 1986.

Vance L Clark.

Adnanistrutor. Futwervllame

Adnrinistrution.

(FR Doc. 86-26706 Filed 11-25-86 &45 am)

SIWUG CODE 3410.47-U

DEPARTMENT OF ENERGY

Office of Conservation and

Renewable Energy

10 CFR Part 430

t Docket No. CAS-RM-$e-1161

Energy Conservation Program for

Consumer Products; Amendments to

Provisions for the Waiver of Consumer

Prooluct Test Procedures

Ar:ENGY: Conservation and Renewable

Energy Office. DOE.

ACTION: Final rule.

SUMMARY: The Department of Energy is

amending the Department's appliance

test procedure waiver process to allow

the Assistant Secretary for Conservation

and Renewable Energy to grant an

interim waiver from test procedure

requirements to manufacturers that have

petitioned DOE for a waiver of such

prescribed product test procedures.

Manufacturers currently may petition

DOE to temporarily waive test

procedures for a particular product. A

waiver may be granted when

characteristics of the product prevent

the use of the prescribed test procedures

or lead to test procedure results that

provide materially inaccurate

comparative data. Today's rule will

simplify the waiver process so that a

manufacturer. when petitioning DOE for

a test procedure waiver. may also

request, and if eligible. be granted, an

interim waiver of test procedure

requirements while DOE considers the

petition for waiver.

EFFECTIVE DATE: December 26. 1906.

FOR FURTHER INFORMATION CONTACT:

Michael 1. McCabe. U.S. Department of

Energy. Office of Conservation and

Renewable Energy. Mail Station CE132. Room GF-217. Forrestal Building.

1000 Independence Avenue. SW..

Washington. DC 20585. (202) 252-8127

Eugene Margolis. Esq.. Department of

Energy. Office of General Counsel.

Mail Station GC-12. Room 613-128.

Forrestal Building. 1000 Independence

Avenue SW., Washington. DC 20585.

(202) 252-9513.

SUPPLEUEKTARY INFORMATIOMC

I. Introduction

a. Authority

b. Background

11. Discussion of Comments

Ill. Environmental. Regulatory Impact. and

Regulatory Flexibility Reviews

a. Environmental Review

b. Regulatory Impact Review

c. Small Entity Impact Review

I. Introduction

o. Authorr't)'

Part B of Title Ill of the Energy Policy

and Conservation Act (SPCA) (Pub. L.

94-183), as amended by the National

Energy Conservation Policy Act

(NECPA) (Pub. L 95-6191.' created the

Energy Conservation Program for

Consumer Products Other Than

Automobiles. The consumer products

subject to this program (referred to

hereafter as "covered products") are:

refrigerators and refrigerator-freezers:

freezers; dishwashers; clothes dryers;

water heaters; room air conditioner

home heating equipment. not including

furnaces: television sets: kitchen ranges

and ovens; clothes washers: humidifiers

and dehumidifiers: central air

conditioners; and furnaces, as well as

any other consumer product classified

by the Secretary of Energy, if the

product uses a specified minimum

amount of energy. See section 322. The

Secretary has not so classified any

additional products.

Under the Act, the program consists

essentially of three parts: Testing.

labeling, and energy efficiency

standards.

For each of the covered products. the

Department of Energy, in consultation

with the National Bureau of Standards.

is required to establish test procedures

which provide test results that reflect

the energy efficiency. energy use. or

estimated annual operating cost of each

covered product. See section 323(b)(1).

One hundred and eighty days after a

test procedure for a product is adopted

a manufacturer must represent the

energy consumption of or the cost of

energy consumed by the product only in

accordance with the DOE test

procedure. See section 323(c). Test

procedures have been prescribed

relating to all product& and are

amended on the basis of continuing

review. The test procedures are

intended for use in other program

elements, such as product labeling

(administered by the Federal Trade

Commission pursuant to section 324 of

the Act) and energy efficiency

standards. as required by section 325

(a)(1) and (c) of the Act-

' t'.ri 8 rd Tirk III of EPCA as amended by

%PCNA. 42 U.S.C. s.'97 -630e; is relernrd to is this

noun as the "Act."

b. Background

DOE has prescri'- test procedures

for the covered pro....cts numerated in

section 322(a) il)-113) of the Act.

Procedures to allow DOE temporarily to

waive test procedure requirements

under certain narrow conditions were

published by the Department on

September 26. 1981145 FR 64109. These

procedures. contained in 1430.27 of the

Code of Federal Regulations allow DOE.

upon petition, to waive applicability of

test procedures for a particular basic

model if the model has design

characteristics which either prevent

testing according to the prescribed test

procedures or which lead to test

procedure results that provide

materially inaccurate comparative data.

Within one year of granting any waiver,

DOE is required to publish in the

Federal Re.,$Aer a notice of proposed

rulemaking to amend its regulations so

as to eliminate any need for the

continuation of such waiver. The waiver

ter*ninates on the effective date of the

applicable final rule.

The test procedure waiver regulations

contained no provisions to allow

immediate regulatory relief to a

manufacturer that might experience

economic hardship during the period

DOE is considering such a

manufacturer's petition for a test

procedure waiver. As a result.

manufacturers seeking immediate

regulatory relief from test procedure

requirements while the applicable

petition for waiver is under

consideration have found it necessary to

file an application for exception with

DOE's Office of Hearings and Appeals

as provided In 10 CFR. Part 205. Subpart

D. Recognizing the need to simplify this

process. on April 16.1988. DOE

published a proposal, modeled after the

provisions contained in 10 CFR. Part 205.

Subpart 0, that would allow any

manufacturer to request. concurrently,

from the Assistant Secretary for

Conservation and Renewable Energy

both a waiver from test procedure

requirements and an interim waiver

from those requirements. (51 FR 12861.)

DOE proposed that any manufacturer

petitioning DOE for a test procedure

waiver could file an "Application for

Interim Waiver" as part of or after the

filing of a petition for waiver. The

application would have to address what

economic hardship or competitive

disadvantage would result in the event

that the application was denied. Under

the proposal a petitioner for waiver,

upon applying for an interim waiver.

would be required to send a copy of

such application with a copy of the

 CAS-RM-80-116 COMMENT 06
12824 Federal Register / Vol. 51. No. 228 / Wednesday, November 26. 1986 / Rules and Regulations

)etilion to all competitors. and each

applicant, prior to filing with DOE. must

nclude a list of those persons to whom

he petition for waiver and application

for interim waiver are being sent. DOE

also proposed that an interim waiver

would expire 90 days after issuance or

upon DOE's grant or denial of the

petition for waiver and that DOE could

provide a 180-day extension of an

interim waiver.

DOE requested comments on the

proposal and held a public hearing in

Washington, DC. on May 20.1986, at

which testimony was received from

representatives of three appliance

manufacturers. During the comment

period that ended June 16. 1988. DOE

received comments from six

manufacturers.

11. Discussion of Comments

All the comments received supported

DOE's proposal to simplify the test

procedure waiver provisions. Carrier

Corporation (Carrier, No. 10). Snyder

General Corporation (Snyder General.

No. 11) and Lennox Industries (Lennox.

No. 13) urged adoption of the rule as

proposed.2 Amtrol, Inc. (Amtrol. No. 12),

Whirlpool Corporation (Whirlpool.

Testimony and No. 14). General Electric

Company (GE. Testimony and No. 15)

and Electrolux (Electrolux. Testimony)

also st pported the concept of the

proposal and made recommendations on

the filing requirements for petitions for

waiver and applications for interim

waiver, and posed questions to DOE

concerning the effect of waivers and

Interim waivers on manufacturer energy

claims and product labeling

requirements.

After careful review of the testimony

and comments received. DOE is

amending the test procedure waiver

provisions to include several of the

recommendations submitted.

DOE received comments addressing

information that should be contained in

Petitions for Waiver and Applications

for Interim Waiver.

Whirlpool and Electrolux stressed the

importance of the criteria being clear

and not subject to various

interpretations (Whirlpool. No. 14 at 2

and Electrolux, Testimony). Whirlpool

agreed that a petition and an application

should identify the basic model(s) for

which a waiver or interim waiver is

requested and show that the particular

basic model(s) has design

characteristics which prevent testing

r Comments on the proposal Mere vv" docket

numbers and are numbered cot 5 uhsely.

beginning with the number ten (101 Comments

automated as part of an oral pee nta !ton at the Mal,

20. 14at put lu. heanna are dent.l ied as Testimony.

according to the prescribed test by DOE. Whirlpool and Electrolux also

procedure. However, it believes that concluded that an interim waiver should

model numbers should not be required be granted without delay if the

in a petition or application since application contains the requested basic

providing such information would identification and justification. The

"serve no useful purpose to the waiver manufacturers maintain that it is the

process" and could reveal product Petition for Waiver, not the Application

models prior to introduction to the for Interim Waiver. that should be the

marketplace (Whirlpool. No. 14 at 3-7). subject of scrutiny by DOE (Whirlpool,

General Electric testified, and No. 14 at 4. Electrolux, Testimony).

Electrolux agreed. that a Petition for The Department of Energy agrees that

Waiver and Application for Interim criteria for Petitions for Waiver and

Waiver should include identification of Applications for Interim Waiver should

all models that are included in the basic be as clear and objective as possible.

model description. In written comments, DOE observes, however, that the basic

GE suggested that identification of a criteria recommended by the

"family of models to be covered by commenters are the same criteria DOE

waiver could be done by providing a has proposed. DOE concurs that

unique alpha/numeric code" in the information submitted by manufacturers

model number that would be used to should be substantial and thorough and

identify the models for product labeling while neither the Department nor the

purposes. The company suggested that manufacturers have not defined these

the statement "All models designated terms, DOE believes that it is in the

(proper alpha/numeric code inserted) manufacturers best interests to submit

are tested according to the provisions of as much information and detail as

the waiver". If. after a waiver had been possible.

granted, a manufacturer wished to add Section 430.27 has always required a

additional models to be covered by the waiver GE recommended petitioner to address the "specific"

, that the

manufacturer file a new Petition for

Waiver and Application for Interim

Waiver (GE, No.15 at 1).

Commenters agreed that petitioners

be required to explain in detail why the

existing test procedure cannot be used

and provide sufficient information on

the new design or feature that is the

basis for the petition (CE. Testimony:

Whirlpool No. 14 at 3-8: Electrolux,

Testimony). Whirlpool added that a

petition should include information on

the uniqueness of the design . technical

data and patents pending (Whirlpool.

No. 14 at 3).

requirements sought to be waived and to

discuss "in detail" the need for the

requested waiver, including

identification of the particular basic

model(s) for which a waiver is requested

and the design characteristics

constituting the reasons for the waiver.

In regard to identifying the basic

model(s) for which a waiver or interim

waiver is sought, DOE has not required.

nor is requiring in today's rule, that

specific model numbers be provided.

However, DOE does not accept

Whirlpool's contention that such

information would "serve no useful

These commenters also agreed that a purpose." A petitioner is required to

Petition for Waiver and Application for clearly identify the units covered by the

Interim Waiver describe any alternate petition. While DOE recognizes that in

test procedure known by the petitioner. some cases using model numbers could

but that knowledge of an alternate test be burdensome. the Department

procedure should not be used as a basis encourages. when feasible,

to grant an interim waiver (GE. No.15 at manufacturer use of a model number(s)

2: Electrolux, Testimony: Whirlpool. No. to ensure that identification of the

14 at 7). Whirlpool added that a product(s) is most descriptive and

manufacturer should have at least 180 concise . The Department wants to be

days to submit test data to assist DOE in very clear on this point: Compliance

gathering relevant information with 4 430.27 (a)(1) and (b)(2) requires

concerning the petition. Whirlpool that. at a minimum, the basic model(s)

emphasized that the burden of be identified using some designator

identifying an alternate test procedure is unique to that model(s) or family of

on DOE. not the manufacturer models and which could be identified.

(Whirlpool. No. 11 at 7). for example. in a review of the

Finally, these commenters generally manufacturer's product literature.

agreed that an Application for Interim However, DOE reserves the right to

Waiver should demonstrate the likely request and use the specific model

success of the Petition for Waiver and numbers of the applicable basic model

show what economic hardship or for identification purposes. If a

competitive disadvantage is likely to manufacturer has a question concerning

result without a favorable determination the applicability of a waiver. DOE

 CAS-RM-80-116 COMMENT 06
Federal Register / Vol. 51, No. 228 / Wednesday, November 26. 1986 / Rules and Regulations 42825

encourages the manufacturer to contact

the Department.

DOE agrees that the granting of an

interim waiver should not be based on

the applicant's identification of an

alternate test procedure, and nothing in

DOE's regulations requires such a

showing. DOE requires that a Petition

for Waiver and an Application for

Interim Waiver "include any alternate

test procedure known to the petitioner.

Clearly, however. the petitioner/

applicant will have some data available

since a determination was made, after

testing. that the prescribed test

procedure is inappropriate. The

Department believes that a petitioner/

applicant has a responsibility to address

this issue by participating in the

development of an alternate test

procedure. DOE agrees with Whirlpool's

suggestion that manufacturers submit

test data and any other information to

DOE while the petition for Waiver is

being considered. DOE points out that

the Application for Interim Waiver is

not the subject of the same scrutiny a

Petition for Waiver receives but must

address issues of the economic/

competitive hardship and the likely

success of the waiver petition.

Three commenters suggested that an

interim waiver be granted for 180 days

with an allowable 180-day extension.

rather than the W -day interim waiver.

180-day extension proposed by DOE.

These commenters suggested that 90

days would not allow adequate time fur

it manufacturer to submit applicable

field test data while DOE considers the

pending Petition for Waiver and that a

18o-day interim waiver could eliminate

the need for an extension in case of

unanticipated delays during

consideration of the Petition for Waiver

(Whirlpool, Testimony and No. 14 at 7.

Amtrol. No. 12 at 1: and Electrolux.

Testimony).

The Department agrees with the

recommendation of granting interim

waivers for 180 days. This change is

reflected in today's notice.

Commenting on the requirements for

notifying competitors. Whirlpool

suggested that a petitioner have five

working days from the dale a Petition

for Waiver is published in the Federal

Register in which to send written

notification. Whirlpool explained that

five working days should provide at pie

time for a petitioner to receive a L., -V of

the published notice. %%'hirlpool also

stated that the proposed rule needs to be

more specific about the timing and

procedure for filing an Application for

Interim Waiver and Petition for Waiver.

Section 430.27(c)(2) of DOEs proposal

stated: "Each applir 'nt for Interim

Waiver. whether filing jointly with. or

subsequent to. the Petition for Waiver

with DOE, shall concurrently notify in

writing all known manufacturers....

Whirlpool explained that from a

competitive point of view, concurrent

notification is more appropriate than

prior notification and provides ample

time for competitors to submit

comments. Whirlpool explained further

that concurrent would mean the same

day (Whirlpool. Testimony).

DOE concurs with Whirlpool's

suggestions. Today's notice reflects

these changes.

General Electric also suggested a

change to § 430.27(c)(2). GE

recommended that certification by an

applicant to DOE that a Petition for

Waiver and Application for Interim

Waiver have been sent to competitors

also include a statement that these

documents have been received by the

appropriate manufacturers. GE stated

that this could be accomplished by

sending the documents via certified or

registered mail (GE. Testimony).

Whirlpool disagreed, stating that GE's

suggestion would be burdensome.

DOE agrees with Whirlpool. The

Department's purpose in amending the

test procedure waiver provisions is to

simplify and expedite the waiver

process and GE's suggestion could cause

unnecessary delays in that process. It is

also for this reason that DOE proposed.

and today's rule requires, that persons

submitting comments to DOE concerning

an application for interim waiver also

send a copy of the comments to the

applicant. Similarly, today's rule

requires persona submitting comments

to DOE concerning a petition for waiver

also send a copy to the petitioner.

One commenter, Whirlpool.

maintained that DOE should include

some provisions for a petitioner to have

"confidential preliminary review

sessions with DOE prior to the formal

filing for interim waiver." Whirlpool

stated that the confidential and

preliminary aspects of such a provision

are "crucial" to the process working

smoothly and encouraging innovation

(Whirlpool. Testimony).

DOE fails to see the need to formally

prescribe such provisions. The

Department has been and continues to

be available to discuss such matters

with manufacturers. In addition. since

the treatment of confidential material

already is addressed at 10 CFR 1004.11.

DOE believes it is unnecessary to

address this further in today 's rule.

Amtrol raised the question of what

would happen if DOE granted an Interim

Waiver and denied the Petition for

Waiver. In that event. DOE will. at that

time. address the specific steps required

of the manufacturer.

Finally. Whirlpool and GE expressed

confusion regarding the labeling of, and

advertising claims for, applicable

products during the term of the waiver

but before DOE amends the test

procedure regulations. Both commenters

urged DOE to obtain a ruling or some

type of clarification from the Federal

Trade Commission (FTC) on the

applicability of FTC's product labeling

regulations for model(s) covered by an

Interim Waiver or Waiver (Whirlpool.

No. 14 at 4: CE, Testimony). General

Electric also questioned how a waiver cr

interim waiver should be treated

relative to a mandatory energy

efficiency standard for that product (GE.

Testimony).

DOE is aware that manufacturers

have questions concerning compliance

with FTC labeling regulations as applied

to products that have received waivers

from prescribed DOE test procedures.

The Department believes that the

appropriate procedure for addressing

these concerns is for manufacturers to

request from FTC an interpretation of

the applicable FTC labeling regulations.

Any other limitations that might be

imposed on a manufacturer by a waiver

will he specified by DOE in the interim

waiver or waiver. In regard to the effect

of a waiver on compliance with

provisions of a mandatory energy

efficiency standard for a particular

product. DOE would address this issue

in each interim waiver or waiver

granted after the applicable energy

efficiency standard is in effect.

111. Environmental , Regulatory Impact

and Regulatory Flexibility Reviews

o. Environmental Review

Since test procedures under the

energy conservation program for

consumer products are used only to

standardize the measurement of energy

usage and do not affect the quantity of

energy usage, amending the test

procedure waiver process will not result

in any environmental impacts. Since it is

clear that this amendment is not a major

Federal action significantly affecting the

quality of the human environment

within the meaning of the National

Environmental Policy Act of 1909.

neither an Environmental Impact

Statement nor an Environmental

Assessment was required for this rule.

b. ReguJatary Impact Review

DOE has concluded that the rule is not

a "major rule" for purposes of Executive

Order 12291 because it will not result in:

(1) An annual effect on the economy of

8100 million or more: (2) a major

increase in costs or prices for

 CAS-RM-80-116 COMMENT 06
42826 Federal Register / Vol. 51. No. 228 /.Wednesday. November 26, 1986 / Rules and Regulations

consumers, individual industries.

federal, State, or local government

agencies, or geographic regions: or (3)

significant adverse effects on

competition. employment. investment.

productivity. innovation, or on the

ability of United States-based

enterprises to compete with foreignbased enterprises in domestic or export

markets. Therefore, in accordance with

section 3(c)(3) of the Executive Order.

which applies to rules other than major

rules, the rule was submitted to OM1B for

review without a regulatory impact

analysis.

c. Smell Entity Impact Review

In light of the foregoing. the

Department has determined and hereby

certifies pursuant to section 605(b) of the

Regulatory Flexibility Act that the rule

will not have a "significant econonic

impact on a substantial number of small

entities." The rule affects manufacturers

of covered products. As previously

discussed, the rule only simplifies the

test procedure waiver process.

List of Subjects in 10 CFR Part 430

Administrative practice and

procedure, Energy conservation,

I lousehold appliances.

In consideration of the foregoing. Part

430 of Chapter 11 of Title 10. Code of

Federal Regulations is amended, as set

forth below.

Issued in W avhington. DC. Novem14.r 14.

1 nati.

Donna R. Fitzpatrick,

.4 .istunt .Secrvtorv. Consrr,un„n and

IteurIV (11114' En1'n;}'.

PART 430-ENERGY CONSERVATION

PROGRAM FOR CONSUMER

PRODUCTS

1. Thu authority citation for Part 430

continues to read as follows:

Authority: Sec. 3231b). Put). L 34-10. a4

Slat. 917. as amended by Pub. L 95-819. 92

st;n. 32t;6. 42 U S.C. 629:1Ibl.

2. Section 430.27 is revised to read as

follows:

§ 430.27 Petitions for Waiver and

applications for Interim Waiver.

(a)(1) Any interested person may

submit a petition to waive for a

particular basic model any requirements

of 11430.22. or of any appendix to this

subpart. upon the grounds that the basic

model contains one or more design

characteristics which either prevent

testing of the basic model according to

the prescribed test procedures. or the

prescribed test procedures may evaluate

the basic model in a manner so

unrepresentative of its true energy

consumption characteristics as to

provide materially inaccurate

comparative data.

(2) Any interested person who has

submitted a petition for waiver as

provided in this subpart may also file an

application for interim waiver of the

applicable test procedure requirements.

(b)(1) A Petition for Waiver shall be

submitted, in triplicate, to the Assistant

Secretary for Conservation and

Renewable Energy, United States

Department of Energy. Each Petition for

Waiver shall:

(i) Identify the particular basic

model(s) for which a waiver is

requested, the design characteristic(s)

constituting the grounds for the petition,

and the specific requirements sought to

be waived and shall discuss in detail the

need for the requested waiver.

(ii) Identify manufacturers of all other

basic models marketed in the United

States and known to the petitioner to

incorporate similar design

characteristic(s);

(iii) Include any alternate test

procedures known to the petitioner to

evaluate in a manner representative of

the energy consumption characteristics

of the basic model: and

(iv) Be signed by the petitioner or by

an authorized representative. In

accordance with the provisions set forth

in 10 CFR 1004.11, any request for

confidential treatment of any

information contained in a Petition for

Waiver or in supporting documentation

must be accompanied by a copy of the

petition. application or supporting

documentation from which the

information claimed to be confidential

has been deleted. DOE shall publish in

the Federal Register the petition and

supporting documents from which

confidential information , as determined

by DOE, has been deleted in accordance

with 10 CFR 1004.11 and shall solicit

comments, data and information with

respect to the determination of the

petition. Any person submitting written

comments to DOE with the respect to a

Petition for Waiver shall also send a

copy of such comments to the petitioner.

In accordance with paragraph (i) of this

section, a petitioner may submit a

rebuttal statement to the Assistant

Secretary for Conservation and

Renewable Energy.

(2) An Application for Interim Waiver

shall be submitted in triplicate, with the

required three copies of the Petition for

Waiver, to the Assistant Secretary for

Conservation and Renewable Energy.

U.S. Department of Energy. Each

Application for Interim Waiver shall

reference the Petition for Waiver by

identifying the particular basic model(s)

for which a waiver and temporary

exception are being sought. Each

Application for Interim Waiver shall

demonstrate likely success of the

Petition for Waiver and shall address

what economic hardship and/or

competitive disadvantage is likely to

result absent a favorable determination

on the Application for Interim Waiver.

Each Application for Interim Waiver

shall be signed by the applicant or by an

authorized representative.

(c)(1) Each petitioner, after filing a

Petition for Waiver with DOE, and after

the Petition for Waiver has been

published in the Federal Register, shall,

within five working days of such

publication, notify in writing all known

manufacturers of domestically marketed

units of the same product type (as listed

in section 322(a) of the Act) and shall

include in the notice a statement that

DOE has published in the Federal

Register on a certain date the Petition

for Waiver and supporting documents

from which confidential information, if

any, as determined by DOE, has been

deleted in accordance with 10 CFR

1004.11. Each petitioner, in complying

with the requirements of this paragraph,

shall file with DOE a tatement

certifying the names and addresses of

each person to whom a notice of the

Petition for Waiver has been sent.

(2) Each applicant for Interim Waiver,

whether filing jointly with, or

subsequent to, a Petition for Waiver

with DOE, shall concurrently notify in

writing all known manufacturers of

domestically marketed units of the same

product type (as listed in Section 322(a)

of the Act) and shall include in the

notice a copy of the Petition for Waiver

and a copy of the Application for

Interim Waiver. In complying with this

section. each applicant shall in the

written notification include a statement

that the Assistant Secretary for

Conservation and Renewable Energy

will receive and consider timely written

comments on the Application for Interim

Waiver. Each applicant, upon filing an

Application for Interim Waiver, shall in

complying with the requirements of this

paragraph certify to DOE that a copy of

these documents have been sent to all

known manufacturers of domestically

marked units of the same product type

(as listed in section 322(a) of the Act).

Such certification shall include the

names and addresses of such persons.

Each applicant also shall comply with

the provisions of paragraph (c)(1) of this

section with respect to the petition for

waiver.

(d) Any person submitting written

comments to DOE with respect to an

Application for Interim Waiver shall

also send a copy of the comments to the

applicant.

 CAS-RM-80-116 COMMENT 06
Federal Register / Vol. 51, No. 228 / Wednesday. November 26. 1986 / Rules and Regulations 42827

(e) If administratively feasible.

applicant shall be notified in writing of

the disposition of the Application for

Interim Waiver within 15 business days

of receipt of the application. Notice of

DOE's determination on the Application

for Interim Waiver shall be published in

the Federal Register.

(f) The filing of an Application for

Interim Waiver shall not constitute

grounds for noncompliance with any

requirements of this subpart. until an

Interim Waiver has been granted.

(g) An Interim Waiver from test

procedure requirements will be granted

by the Assistant Secretary for

Conservation and Renewable Energy if

it is determined that the applicant will

experience economic hardship if the

Application for Interim Waiver is

denied, if it appears likely that the

Petition for Waiver will be granted,

and/or the Assistant Secretary

determines that it would be desirable for

public policy reasons to grant immediate

relief pending a determination on the

Petition for Waiver.

(h) An interim waiver will terminate

1110 days after issuance or upon the

determination on the Petition for

Waiver, whichever occurs first. An

interim waiver may be extended by

DOE for 180 days. Notice of such

extension and/or any modification of

the terms or duration of the interim

waiver shall be published in the Federal

Register, and shall be based on relevant

information contained in the record and

any comments received subsequent to

issuance of the interim waiver.

(i) Following publication of the

Petition for Waiver in the Federal

Register, it petitioner may. within 10

working days of receipt of a copy of any

comments submitted in accordance with

paragraph (b)(1) of this section. submit it

rebuttal statement to the Assistant

Secretary for Conservation and

Renewable Energy. A petitioner may

rebut more than one response in a single

rebuttal statement.

(j) The petitioner shall be notified in

writing as soon as practicable of the

disposition of each Petition for Waiver.

The Assistant Secretary for

Conservation and Renewable Energy

shall issue it decision on the petition as

soon as is practicable following receipt

and review of the Petition for Waiver

and other applicable documents.

including. but not limited tc. comments

and rebuttal statements.

(k) The filing of a Petition for Waiver

shall not constitute grounds for

noncompliance with any requirements

of this subpart. until a waiver or interim

waiver has been granted.

(1) Waivers will be granted by the

Assistant Secretary for Conse rvation

and Renewable Energy. if it is

determined that the basic model for

which the waiver was requested

contains a design characteristic which

either prevents testing of the basic

model according to the prescribed test

procedures. or the prescribed test

procedures may evaluate the basic

model in a manner so unrepresentative

of its true energy consumption

characteristics as to provide materially

inaccurate comparative data. Waivers

may be granted subject to conditions.

which may include adherence to

alternate test procedures specified by

the Assistant Secretary for Conservation

and Renewable Energy. The Assistant

Secretary shall consult with the Federal

Trade Commission prior to granting any

waiver, and shall promptly publish in

the Federal Register notice of each

waiver granted or denied. and any

limiting conditions of each waiver

granted.

(m) Within one year of the granting of

any waiver, the Department of Energy

will publish in the Federal Register a

notice of proposed rulemaking to amend

its regulations so as to eliminate any

need for the continuation of such

waiver. As soon thereafter as

practicable, the Department of Energy

will publish in the Federal Register a

final rule. Such waiver will terminate on

the effective date of such final rule.

(n) Any person aggrieved by an action

under this section may file an appeal

with the DOE's Office of Hearings and

Appeals as provided in 10 CFR Part 205,

Subpart 11.

IFR floc. P *-26634 Filed I1-: 5-ita: 0:45 aml

a LLING CODE #46041-M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 95

1 Docket No. 25130; Amdt. No. 3341

IFR Attitudes; Miscellaneous

Amendments

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts

miscellaneous amendments to the

required IFR (instrument flight rule)

altitudes and changeover points for

certain Federal airways. jet routes. or

direct routes for which a minimum or

maximum en route authorized IFR

altitude is prescribed. These regulatory

actions are needed because of changes

occurring in the National Airspace

System. These changes are designed to

provide for the safe and efficient use of

the navigable airspace under instrument

conditions in the affected areas.

EFFECTIVE DATE: December 18, 1986.

FOR FURTHER IMFORMATION CONTACT:

Donald K. Funai, Flight Procedures

Standards Branch (AFS-230). Air

Transportation Division, Office of Flight

Standards, Federal Aviation

Administration, 800 Independence

Avenue, SW.. Washington. DC 20591:

telephone: (202) 426-8277.

SUPPLEMENTARY INFORMATION. This

amendment to Part 95 of the Federal

Aviation Regulations (14 CFR Part 95)

prescribes new, amended. suspended, or

revoked IFR altitudes governing the

operation of all aircraft in IFR flight over

a specified route or any portion of that

route. as well as the changeover points

(COPs) for Federal airways, jet routes.

or direct routes as prescribed in Part 95.

The specified IFR altitudes, when used

in conjunction with the prescribed

changeover points for those routes.

ensure navigation aid coverage that is

adequate for safe flight operations and

free of frequency interference.

The reasons and circumstances which

create the need for this amendment

involve matters of flight safety,

operational efficiency in the National

Airspace System. and are related to

published aeronautical charts that are

essential to the user and provide for the

safe and efficient use of the navigable

airspace . In addition. those various

reasons or circumstances require

making this amendment effective before

the next scheduled charting and

publication date of the flight information

to assure its timely availability to the

user. The effective date of this

amendment reflects those

considerations. in view of the close and

immediate relationship between these

regulatory changes and safety in air

commerce, I find that notice and public

procedure before adopting this

amendment is unnecessary.

impracticable, and contrary to the public

interest and that good cause exists for

making the amendment effective in less

than 30 days.

The FAA has determined that this

regulation only involves an established

body of technical regulations for which

frequent and routine amendments are

necessary to keep them operationally

current. It, therefore-(7) is not a "major

rule" under Executive Order 12291: (2) is

not a "significant rule" under DOT

Regulatory Policies and Procedures (44

FR 11034: February 26. 1979): and (3)

does not warrant preparation of a

regulatory evaluation as the anticipated

impact is so minimal. For the same

 CAS-RM-80-116 COMMENT 06