### 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 andRenewable 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

### 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

### 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

### 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-basedenterprises 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.

### 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