### X61 

# Proposed Rules

Tttis sec ion of to FEDERAL REGISTER The contains notices to the public of proposed Issuance of Mss and regulations. The purpose of less notloas is to give interested persons on •pppo tvnQy to partiapate in the mis staking prior to the adoption Of lire anal vies.

DEPARTMENT OF ENERGY

Office of Conservation and Renewable Energy

10 CFR Part 430
(Docket No. CAS

~ 110-1iSl
Energy Conservation Program for Consumer Products ; Amendments lo Provisions for the Waiver of Consumer Product Test Procedures

AGENCY: Department of Energy.

ACrioN: 

### Notice of proposed rulemaking and public bearing.

SUMMARY: The Department of Energy (DOE) proposes to amend the Department's appliance test procedure -waiver process by allowing 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 tdst procedures or lead to test procedure results that provide materially inaccurate comparative data

. Today's proposal is intended to 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 iterim waiver of test procedure requirements while DOE considers the petition for waiver. The purpose of this Notice of proposed rulemaking is to provide interested persons an opportunity to comment on the proposed rule and to invite interested persons to participate in the rulemaking process.
DATES: Written comments on the proposed rule must be received by the Department by June 16. IM. Oral views

, data

, and arguments may be presented at the public hearing to be held In Washington

. DC, on May 20, 1986

. Requests to speak at the hearing must be received by The Department no later than 4 pin

., May 19, 1988. Seven copies of the statement of each speaker for this hearing should be submitted at the hearing. The length of each presentation is • limited to 20 minutes. ADDRESSES: Written comments, statements and requests to speak at the bearing are to be submitted to: U.S. Department of Energy

, Office of Conservation and Renewable Energy, Office of Hearings and Dockets, Consumer Product Test Procedures Interim Waiver

. Docket No

. CAS-RM80-116

, Room 6B-025, Forrestal Building. 1000 Independence Avenue, SW., Washington

. D.C. 20585, (202) 252-9319. The hearing will begin at D:30 a.m. on May 20. 1986, and will be held at the U.S. Department of Energy

, Forrestal Building

. Room 1E-245,1000 Independence Avenue SW,. Washington. DC. Copies of the transcript of the public hearing and public comments received may be obtained from the DOE Freedom of Information Reading Room. U.S. Department of Energy, Room 1E-190. 1006 Independence Avenue, SW., Washington

. DC 20585, (202) 252-6020, between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday

. except Federal holidays. For more Information concerning public participation in this rulemaking proceeding, see section IV "Public Comment Procedures" of this Notice. FOR FURTStER INFORMATIOW CONTACT: Michael J. McCabe. U.S. Department of Energy
, Office of Conservation andRenewable Energy, Mail Station CE13Z, Room GF-217. Forrestal Building, 1000 Independence Avenue, SW., Washington

. DC 20585, (242) 252-9127 Eugene Margolis

, Esq.. Department of Energy

, Office of General Counsel. Mail Station GC-12

, Room 88-128, Forrestal Building. 1000 Independence Avenue

, SW., Washington

. DC 20585, (202) 252-9513 U.S. Department of Energy. Conservation and Renewable Energy. Office of Hearings and Dockets, Room 8B-025

. Forrestal Building. 1000 Independence Avenue. SW.. Washington

. DC Z068S. (202) 252.0319 $UPPt.MENTARY 

### I NFONMA11OIC

I. Introduction Federal Register

Vol. 81. No. 73
Wednesday, April lit 1986

a. Authority b. Backgrortj_ U. Discussion . . M. Environmental

, Regulatory Impact, and Regulatory Flexibility Reviews a. Environmental Revic.v b. Regulatory Impact Review t. Small Entity Impact Review IV, Public Comment Procedures a. Participation In Rulemakitg b. Written Comment Procedv es . public Hearing
L Introduction a. Authority Part B of Title III of the Energy Policy and Conservation Act (EPCA) (Pub. L 94-163), as amended by the National Energy Conservation Policy Act (NECPA) (Pub. L 95-619),1 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 conditioners; 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

t Part B of'tltie m of E CA as sawadad by NECPA. 42 U.S.C. ar9r-4.10a. 4 referred to is Ws aotics as the Act' 

# Proposed Rules

I



### ...



## This teetion of 1he fEDERAL. 

### REGISTER contains NItiees**~** 'the flUblie 

## or the proposed lllbuance 

## or Mas WId regulations. The purpose cI theM noIcee

.. to gi¥e interested persons l1li1**~** 

### to participatt in tile

... • InI.king prior II> the adoption of It. IinaI IUIes.



### DEPARTIIENT Of!

### ENERGY

OffIce of ConHI'VatJon

.... Renewable Energy

10 CFR 

### PIn OD
(Docket No. CAS

.... t1l)
Energy Conserv.t1on Program for Consumer 

### Products; Amendments to PrDv!sJons for 

### the Wafver of

### Consumer 

### Product Test 

### Procedur

.. 

## AGENcy: Department 

### of

### Energy.
ACTIQN: Notice 

### ofproposed

## naJemaIdDa and public bearing.

SUMMAR"I: 111e Depar1ment ofEnerg)' (DOE) proposes to amend the Department's appliance test procedure 'waiver process

### by allowing the AnistBnt Secretary for Consen-ation and Renewable Energy to grant an interim waiver from testprocedure requirements to manufacturers·that have petitioned DOE for a waiver ofsuch prescribf:ii product teat procedures. Manufacturers 

### cummtly may petition DOE to temporarily waive test prooodures for a particularproduct. A waivermay be granted when characteristictl of the product prevent the u.se of the prescribed t.tprocedures

or lead to test procedure results that provide materially inaccurate comparative data. Today's proposal is intended to aimplify the waiverprocess 10 that a manufactu.rer, when petitioning DOE for a test procedure waiver. may also request. and 

### ifeligible. be granted.

an Iterim waiver oftest procedure

. requirements while DOE oonsidera 

### the

. petition for wainr.

The purpose of this Notice of

. proposed rulemaking 

### i. 10 provide

. inlere_ted person. an 

### opportunity to comment on the proposed rule and 

### to invite interested persona 

### to participate in the rulemaking 

### prooeu.

. 

### DATES: Written comment. on the proposed rule mUllt be received 

### by 

### the Department 

### byJune 16. 1988.



### Oral view•• data. and al'JWDeata may 

### be pre8e1lted at the public 

## hearina to 

### be betd 

### inWalhlDBlon. DC. on

### May 20. 1986. Requests to .apeak at the bearing
must be received 

### by the Department no later than 4 p.m.. May 19. 1986.

Seven copies of the statement ofeach apeaker for this hearing should be aubmiUed at the bearing.

111e length 

### of each presentatiDn la

. limited to 20 minutes. 

### ADDRESSES: Written 

### commenta.

. .tatements and requests 

### to Ipeak at the

.. bearing are to be 

### .ubmitted to:

# u.s.

Department ofEne.rgy. 

### Office of Conservation and Renewable Energy.

. 

### Office of

### Hearings and

### Docketa. Consumer ProductTeat Prooedurea Interim Waiver. Docket No. 

### CAS-RM-

. 80-116. Room 6B-02S, FOITeatal Building. 1000 Independence Avenue,**SW~** Washinston. D.C. 20585, (202) 252-9319.

The hearina 

### will begin at 8:30 a.IIL on May 20, 

### 1986. and will be beld at the U.S. Department ofEnergy. Forrestal Buildin&. Room 

### lE-.245. 

### l.OOO Independence Avenue SW

.. Washington. DC.

.

Copies orthe transcript of the public bearing and public comments received may be obtained from the DOE Freedom ofInform aUon Reading Room. U.S. Deparbnent ofEnergy. Room lE-190. 1006 Independence Avenue. SW •• Wuhington. DC 20585. (202) 252-6020. between the hours of 8:00 a.m. and 4:00 p.m.. Monday througb Friday. except

. Federal holiday •. For more information concerning public participation 

### in this rulemaking proceeding. lee sectionIV '"Public CommentProcedures" of

### th.iB Notice.
POI FURTHER INFORMATION CONTACT: Micb,el

## J. McCabe. U.s. Department

### of

Energy. Office of ConaeTVation and Renewable

### Energy. Mail Station CE132. Room GF-Z17. Forrestal Building. 1000 IndependenCi! Avenue. SW

.. Wa.hington. OC 20585. (202) 25.2.-8127 Eugene MaJogolia. Esq.• Department 

### of

. Energy, Office of General 

### Counael. Mail Station GC-12. Room 

### 6B-U8. Forre.tal 

### Buildi.ns. 1000 Independence 

### AYenue. SW

.. WaahiDston. DC 2OS8S. (202) 25Z-951S**U.~DeparbnentofEn~.** Coraervation and Renewable Energy. Office 

### of Hearing- and Dockett. Room 8B--02S, Forre.tal Buildiog. 1000 Independence Avenue. SW

.. Waihington. DC 

### 20585. (202) 252-8319
IUPPLMENTARY 1HFOIt1lA11OIC 

### llntrodtsdioa 

### Federal "ler
Vol. 11. 

### No. 

### n
Wednelday. Apm 11. 1116



### ..Atdharity b. 

## BacksrotauS. n. DiICUI.ioB

. . 

# m. Environmtmtal, Regulatory Impact•• 

### nd Regulatory Flexibility Reviews
II. Environmental RevifW b. Regulatory Impact Review
Co SmaU Entity Impact Review 

### lV. Public Comment Procedures

a. Participation in Ralemakma h. Written CollUDeDt Procedwel
Co PIIb&

### HaariJIi
L Introduction



### o.

### Authority

Part B 

### ofTitle m or the Energy Policy and Coneervation Act 

## tEPCAJ (Pub. 

### L. 94-163). 

### a. amended by the National Enet'gy Conservation Policy Act (NECPA) (Pub. 

### L. 95-619).' created the Energy COMervation Program for ComumerProducts OtherThan Automobiles.The consumerproducts aubject to this program (referred to hereafter as "covered products") 

### are: Refrigerators andrefrigerator-freezers: freezers: dishwashers; clothes dryers; water heaterr. room air conditioners: home heating equipment. not including furnaces; television sets; kitchen ranges lind ovens; clothes washers: humidifiers and dehumidifiers: central air conditioners: and fumaces. as well as any other consumer product c1usified by the Secretary ofEnergy. 

### if the product uses a specified minimum amount ofenergy. See section 322. 'IBe Secretaryhas not so classified any additional products.

Under 

### the Act. the Program conllisis essentially of three parts: testing. labeling. and energy efficiency alandarda.

.

For each ofthe cQvered productt. the Department 

### QfEnergy. in consultation with the National Bureau ofStandards. 

### is required to establish test procedures which provide test results that reflect the energy efficiency. energy use. or

. estimated annual operating cost ofellch covered product. See aection 323(b){1). One hundred and eighty days after a test procedure [or a product it adopted.

a manufacturer !nust represent the energy consumptionofor the coet of energy conaumedby the product 

### only in accordance with the DOE teal procedure. See aection Wlc). Teat procedurea have been prescribed

I Part 

### B 

## orTitle

## m a1EPCA

.._W

### bJ NECPA. 

## a u.s.c.**a:\Il~** II nalem4

# &II. tJU IIOUce IItba •Act.

-

### 12362 Federal Register / Vol. 51, No. 73 / Wednesday, April 16, 1986 / Proposed Rules

relating to all products
, 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. b. Background and Renewable Energy, upon application

, to grant an interim waiver from the test procedure requirements to manufacturers that petition DOE for waiver of such test procedure • - - - - requirements

. The proposed action also - would establish procedures for . manufacturers to apply for such an interim waiver from test procedure requirements based on an assertion of economic hardship or competive disadvantage during the period the DOE has prescribed test procedures

P p petition for waiver is being considered. for the covered products numerated in Under the proposed rule, any i f h A sect on 322 (a)(1)-(13) o t e ct. Procedures to allow DOE temporari ly to waive test procedure requirement under certain narrow conditions were published by the Department on September 28, 1980

. 45 FR 64109. These procedures

, contained in J 430.27 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 Register a notice of proposed rulemaking to amend its regulations so as to eliminate any need for the continuation of such waiver

. The waiver terminates on the effective date of the applicable final rule.
II. Discussion DOE recognizes the need for simplifying the test procedure waiver process . The test procedure waiver regulations presently contain no provisions to allows immediate regulatory relief to a manufacturer that may 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 being considered 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. Today's proposal
, modeled after the provisions contained in 10 CFR Part 205, Subpart D. would allow any manufacturer to request ; concurrently, from the Assistant Secretary for Conservation and Renewable Energy both a waiver from test procedure •equirements and an interim waiver from those requirements. The proposed rule would allow the Assistant Secretary for Conservation manufacturer petitioning DOE for a test procedure waiver could file an "Application for Interim Waiver" as part of the petiton for waiver. The application would have to address what economic hardship or competitive disadvantage would result in the event that the application was denied. id a determining whether an interim

-waiver should be granted, the Assistant Secretary would also consider the likelihood of the waiver's being granted and whether the application demonstrates that it would be desirable for public policy reasons to grant immediate relief pending a decision on the petiton for waiver. Section 430.27(c) of the existing regulation requires each petitioner to . notify all competitors and other ascertainable interested parties of the petition for waiver and include in such notice that DOE has published in the.. Federal Register on a certain date the petition and supporting documents. The proposed rule would require any petitioner

, upon applying for an interim wavier, to send a copy of such application with a copy of the petition to all competitors and other interested
persons

. The proposed rule also would require that each applicant

, prior to filing with DOE

, include a list of those persons to whom the petition for waiver and application for interim waiver are being sent

. The applicant would notify each such person that the Assistant Secretary for Conservation and Renewable Energy would receive and consider written comments on the application that are submitted immediately. The Assistant Secretary would - process applications for interim waiver - as expeditiously as possible. When administratively feasible, applications for interim waiver would be granted or. denied within 15 business days after receipt of the application. Notice of DOE's determination on, and if granted, provisions of, an interim waiver, would be published in the Federal Register with DOE's notice of the manufacturer'spetition for waiver and DOE's requestfor comments on the petition

. An interim waiver would expire 90 days after issuance or upon DOE 's grant or denial of the petition for waiver

. The proposed rule also would provide a 180-day extension of an interim waiver if, after 90 days

, DOE had not issued a decision on the petition for waiver. Such extension

, and/or any other modification of the terms or duration of the interim waiver

, would be published in the Federal Register

, with DOE's Notice of Petition for Waiver and would be based on relevant information in the record

, including any comments received by DOE subsequent to the issuance of the interim waiver.
M. Environmental

, Regulatory Impact and Regulatory Flexibility Reviews
a. Environmental Review

Pursuant to section 7(c)(2) of the Federal Energy Administration Act of 1974

, a copy of this Notice has been submitted to the Administrator of the Environmental Protection Agency for his or her comments concerning the impact of this proposal on the quality of the environment. 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 proposed 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 1969, neither an Environmental Impact Statement nor an Environmental Assessment is required for the proposed rule. b. Regulatory Impact Review

DOE has concluded that the proposed 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 $100 million or more; (2) a major increase in costs or prices for -

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 proposed rule was submitted 

### 12362 Federal**~gi8ter** 

## I Vol. 51, No. 73 

## I**Wedrie~day,** 

### April 16, ·1986 

## I Proposed Rules

relating to aU products. and are amended on the basis of continuing review. The test procedures are intended for use in otherprogram 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 AcL 

### b. Backgroqnd

DOE has prescribed test procedures for the covered products numerated in section 322(a)(1)-(13) of the Act. 

### Procedures to allow DOE temporarily to waive test procedure requirement under certain narrow conditions were published by the Department on September 26, 

### 1980. 45 FR 64109. 

### These procedures, contained in 

### I 430.27 of the Code ofFederal Regulations allow DOE, upon petition. to waive applicability of test procedures for a particular basic model 

### ifthe 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 ofgranting any waiver, DOE is required to publish in the Federal Register a notice ofproposed rulemaking to amend its regulations 80 

### 8S to eliminate any need for the continuation of such waiver. The waiver terminates on the effective date of the applicable final rule.


# n. Diacuuion

. DOE recogniZes the need for simplifying the test procedure waiver process. The test procedure waiver regulations presently contain no provisions to allows immediate regulatory reliefto a manufacturer that may experience economic hardship during the period DOE is considering luch a manufacturer's petition for a test procedure waiver. As a result, manufacturers seeking immediate regulatory relieffrom test procedure requirements while the applicable petition for waiver is being considered have found it necessary to file 8n

.. application for exception with DOE'•.

Office ofHearings and Appeals al provided in 10 CFR Part 205, Subpart

## p. TodaY'1 proposal. modeled after the provisions contained in 10 CPR Part 205, Subpart D, would allow any

.. manufacturer to request;**co~currently,** 

### from the Assistant Secretary for

. Conservation and Renewable Energy

both a waiver from test procedure -equirements and an interim waiver

. .'rom those requirementl.

The proposed rule would allow the Assistant Secretary for Conservation and Renewable Energy. upon

. application, to grant an interim waiver 

### from the test procedure requirements to manufacturers that petition DOE for waiver of such test procedure . - . - ... requirements. The proposed action also· would establish procedures for

. manufacturers to apply for luch an interim waiver from test procedure requirements based on an assertion of economic hardship or competive disadvantage during the period the

. pet;ition for waiver is being considered.

Under the proposed rule, any manufacturer petitioning DOE for a test procedure waiver could file an "Application for Interim Waiver" as part of the petiton for waiver. The application would have to addresl what economic hardship or competitive disadvantage would result in the event that the application'was denied.1ri

.. determining whether an interim-waiver should be granted, the Assistant Secretary would also consider the likelihood of the waiver's being granted and whether the application demonstrates that it would be desirable for public policy reasons to grant

. immediate reliefpending a decision on the petiton for waiver.

.

Section 430.27(c) ofthe existing regulation requires each petitioner to

. notify all competitors and other ascertainable interested parties of the petition for waiver and include in such notice that DOE has published in the. Federal Register on a certain date the petition and supporting documents. The proposed rule would require any petitioner, upon applying for an interim wavier, to lend a copy of such application with a copy of the petition to all competitors and other interested per,lons. The proposed rule also would reqUire that each applicant, prior to filing with DOE, include a list ofthose persons to whom the petition for waiver and application for interim waiver are being senL The applicant would notify each such person that the Assistant Secretary for Conservation and Renewable Ener:gy would receive and consider written comments on the application that are submitted immediately.

The Assistant Secretary would process applications for interim waiver

. 8S expeditiously al possible. When administratively feasible, applicatiohs for interim waiver would be granted or denied within 15 business days after receipt of the application. Notice 

### df DOE's determination on, and ifgranted, provisions of, an interim waiver, would be published in the Federal Regilter with DOE'I notice of the manufacturer', petition for waiver and DOE's request·



## -. for comments on the petition. An 

### mterim waiver would expire 90 days after issuance or upon DOE's grant or denial of the petition for waiver. The proposed rule also would Rrovide a lBO-day extension of an interim waiver 

### if, after 90 

### days, DOE had not issued a decision

on the petition for waiver. Such extension, and/or any other modification of the terml or duration of the interim waiver, would be published in the Federal Register, 

### with DOE's Notice ofPetition for Waiver and would

. be based on relevant information in the

record, including any comments received by DOE subsequent to the issuance ofthe interim waiver.


# m. EnvironmenbtI, Regulatory Inipact and Regulatory Flexibility Reviews·

Q. 

### EnvironmentalReview

Pursuant to section 7(c)(2) of the Federal Energy**~dministration** 

### Act of 1974, a copy of this Notice has been submitted to the Administrator of the Environmental Protection Agency for his

or her comments concerning the impa!;t ofthis proposal on the quality of the environment.

Since test procedures under the**'~ergy** 

### 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 proposed amendment is not a major Federal action significantly affecting the quality ofthe human environment within the meaning of the National Environmental Policy Act of 1969, neither an Environmental Impact Statement nor an Environmental Assessment is required for the proposed rule.


### b. RegulatoryImpactReview

DOE has concluded that the proposed rule ia not a "major rule" for purposes of Executive Order 12291 because it 

### will not result in: (1) An 

### annual effect on the economy of$100 million or more; (2) a major increase in costs or prices for'
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 ofUnited States-based enterprises to compete with foreignbased enterprises in domestic or export markets. Therefore, in accordance with lection 3(c)(3) of the Executive Order, which appliel to rules other than major rulel. the proposed rule was submi.ttedFederal'Register / Vol. 51, No. 73 / Wednesday, April 16, 1986 / Proposed Rules

to OMB for review without a regulatory other relevant information will be impact analysis

. considered by DOE before final action Is a Small Entity Impact Review taken on the proposed regulation. Pursuant to the provisions of 10 CFR In light of the foregoing

, the 1004

.11, any person submitting Department has determined and hereby information which he or she believes to certifies pursuant to section 605(b ) of the be confidential and exempt by law from Regulatory Flexibility Act that the public disclosure should submit one proposal

, if promulgated

, will not have a complete copy of the document

, and six "significant economic impact on a (6 ) copies, if possible

, from which the substantial number of small entities ." . information believed to be confidential The proposed rule affects manufacturers has been deleted

. DOE will make its of covered products

. As previously own determination with regard to the discussed

, the proposed change would confidential status of the information only simplify the test procedure waiver and treat it according to its process. determination. TV. Public Comment Procedures Factors of interest to DOE, when evaluating requests to treat as a. Participation in Rulemaking confidential information that has been DOE encourages the maximum level submitted, include : (1) A description of

of public blic participation in this the item; (2) an indication as to whether ru public and why such items of information have DOE has established a comment been treated by the submitting party as period of 60 days following publication -confidential

, and whether and why such
of this Notice

, for persons to submit items are customarily treated as , written comments on this proposal

. All confidential within the industry; (3) written comments and the transcript of whether the information is generally the public hearing will be available for known or available from other sources;

DOE Freedom of (4) whether the information has review in the Information Reading Room

. Interested othesuito been made ut obligations concerning its o persons may obtain copies of these confidentiality; (5) an explanation of the th documents

.by writing to e DOE competitive injury to the submitting Freedom of Information Reading Room - " Person which would result from public beginni at the address specified at the of this Notice. Such persons are advise to contact the DOE Freedom of Information Room in advance of such requests to determine if there will be any charges associated with satisfying their request

. Also, persons interested in obtaining a copy of the transcript of the public hearing have the option of purchasing it directly from the - transcribing reporter for the public hearing . The identity of the transcribing reporter for the public hearing may be determined by contacting the person in the DOE Conservation and Renewable Energy Office of Hearings and Dockets whose address and telephone number appear at the beginning of this notice.
b. Written Comment Procedures disclosure; (6) an indication as to when such information might lose its confidential character due to the passage of time; and (7) whether disclosure of the information would be in the public interest a Public Hearing 1. Procedures for Submitting Requests to Speak

. The time and place of the public hearing are indicated at the beg ring of this notice

. DOE invites any person who has an interest in today's proposed rule

, or who is a representative of a group or class of persons that has an interest in the proposed rule, to make a written request for an opportunity to make an oral presentation. Such requests should be directed to the address indicated at the Interested persons are invited to beginning of this notice and must be participate in this rulemaking by received by the time specified at the _ submitting data

, views

, or arguments beginning of this notice

. Requests may with respect to the proposed amendment be hand delivered to such address set forth in this Notice to the address between the hours of 8:30 a.m. and 4:30 indicated at the beginning of the notice

. p.m.. Monday through Friday except Comments should be identified on the Federal Holidays

. Requests should be outside of the envelope and on labeled "Consumer Product Test documents submitted to DOE with the Procedures Interim Waiver (Docket No. designation "Consumer Product Test CAS-RM

-84-116)" both on the Procedures Interim Waiver (Docket No. document and on the envelope. The CAS-RM

-80-116)." Seven (7) copies are person making the request should briefly requested to be submitted

. All . . describe the Interest concerned and give comments received by the date specified a telephone number where he or she at the beginning of this Notice and all may be contacted. 

### 12863

DOE will notify speakers of the time they have been scheduled to speak at the hearing . Each person to be heard is requested to submit seven (7) copies of his or her statement at the hearing. In the event any person wishing to testify cangpt meet this requirement, alternative

.arrangements can be made with the Office of Hearings and Dockets in advance of the hearing by so indicating in the letter requesting to make an oral presentation. 2. Conduct of Hearing. DOE reserves the right to select the persons to be heard at this hearing, to schedule the respective presentations, *and to establish the procedures governing the conduct of the hearing. Each presentation shall be limited to 20 minutes. A DOE official will be designated to preside at the hearing . The hearing will not be a judicial or an evidentiary-type hearing, but will be conducted in accordance with 5 U.S.C. 553 and section 338 of the Act. At the conclusion of all initial oral statements

, each person who has made an oral statement will be given the opportunity to make a rebuttal statement. The rebuttal statements will be given in the order in which the initial statements were made and will be subject to time limitations. Any interested person who wishes to ask a question at the hearing may submit the question in writing to the presiding officer to be asked of any person making a statement at the hearing. The presiding officer will determine whether the question is relevant and whether time limitations permit it to be presented for answer. Any further procedural rules regarding proper conduct of the hearing will be announced by the presiding officer. List of Subjects in 10 CFR Part 430 Administrative practice and procedure

. Energy conservation, Household appliances. In consideration of the foregoing, it is proposed to amend Part 430 of Chapter II of Title 10, Code of Federal Regulations

, as set forth below. Issued in Washington

, DC, March 27,1986. Donna & Fitzpatrick. Assistant Secretory. Conservation and Renewable Energy.
PART 430-ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

1. The authority citation for Part 430 continues to read as follows: Authority: Sec. 323(b). Pub. L 94

-163.89 Stat. 977, as amended by Pub. L 95-819,92 Stat

. 3298

, 42 U.S.C. 8293 (b). 

### FederafRegister 

## I Vol. 51. 

### No. 73 

## I Wednesday. April 16. 

### 1986 

## I Proposed Rules 

### 12863

to OMB for review without a regulatory impact analysis

..
Co 

### SmallEntityImpactRe.view.

. .

In light of the foregoing. the

. Department has determined and hereby certifies pursuant to section 605(b) ofthe Regulatory Flexibility Act that the proposal. 

### ifpromulgated. will not have 

### a "significant economic impact on a lubstantial number of small entities." " The proposed rule affects manufacturerS ofcovered products. 

### As previously

. cUscussed. the proposed change w.ould only simplify the test procedure waiver prace". 

### IV.Public Comment Procedures



### a. Participation in RulemaJcing

. DOE encourages the maximum level**~** 

### ofpublic participation in this ·nlemaking. DOE has established a comment period of 60 days following publication of this Notice. for persons to submit written comments on this proposal. 

### All written comments and the transcript of the public hearing 

### will be available for review in the DOE Freedom of Infonnation Reading Room. Interested persons may obtain copies of these

• documents .by writing to the DOE

Freedom ofInformation Reading Room at the address specified at the beginning ofthis Notice. Such persons are advised to contact the DOE Freedom of Information Room in advapce ofsuch requests to determine 

### ifthere will be any 

### charges associated with satisfying their request. Also. persons interested in obtaining a copy of the transcript of the public hearing have the option of purchasing It 

### directly from the

. transcribing reporter for the public hearing. The identity ofthe**~anscribing** 

### reporter for the public hea.riilg may be determined by contacting the person in the DOE Conservation and Renewable Energy Office ofHearings and Dockets whose address and telephone number appear at the beginning ofthis notice. 

### b. Written CommentProcedures

.

Interested personll are invited 

### to participate in 

### thi, rulemaking by lubmitting data. viewI, or argumenta with respect to the propolled amendment ler forth in 

### this Notice to the address indicated at the beginning ofthe notice.

Commentsllhould be identified on the outaide of the envelope and on documenta .ubmitted to DOE with the designation "Consumer Product Test Procedures Interim Waiver (Docket No. CAS-RM-80-116)." Seven (7) copies are reque.ted to 

### be .ubmitted. All

. cornmenta received by the date .pecified at the beginning ofthill Notice and aU otherrelevant information will be considered by DOE before fmal action is taken on the proposed regulation. Pursuant to the provisions of 10 CFR 1004.11. 

### any person submitting infonnation which he or she believes to 

### be confidential and exempt by law from public disclosure should submit one complete copy of the document. and six (6) 

### copies. 

### ifpossible, from which the infonnation believed to be confidential has been deleted. DOE will make its

. own determination with regard to the confidential statuI of the information and treat it according to 

### its

. determinalion.

Factors ofinterellt to

### DOE. when evaluating requests to treat 8S 

### confidential information that haa been lubmitted. include: (1) 

### A description of the item; (2) 

### an indication as to whether and why such items ofinformation 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 infonnation is generally known or available from other lIources; (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; (6) 

### an indication as to when IUch information might 10lle its • . confidential character due to the " passage of time; and (7) 

### whether disclosure of the information would be in the public interest.

Co 

### Public Hearing

1. 

### Proceduresfor Submitting Requests to 

### Speak. The time and place of the publichearing are indicated at the beginning 

### ofthis notice. DOE invites any person who has an interest 

### in today's proposed rule. or who is a fepl"8sentative ofa group or clasl of persons that has an interest in the

. proposed rule. to make a written request for an opportunity to make an oral presentation. Such requelts .hould be directed to the addresll indicated at the beginning ofthis notice and must be received by the time .pecified at the '. beginning ofthis notice. Requellts**m~y** 

### be hand delivered to such address between the hours of 8:30 a.m. and 4:30 p.m.• Monday 

### through Friday except Federal HolidaYII. Requests .hould be labeled "Consumer ProductTellt Procedures Interim Waiver (Docket No. CAS-RM-80-116)" both on the document and on the envelope. The person making the request should briefly

.describe th.e interest concerned andgive

• telephone number where he or .he maybe contacttni. DOE will notify speakers of the time they have been scheduled to speak at the hearing. Each person to be heard is requested to submit seven (7) 

### copies of .his or her statement at the hearing.



### In the event any person wishing to testify caruwt meet this reqUirement. alternative.alTangements can be made with the Office ofHearings and Dockets in advance ofthe hearing by so indicating in the letter requesting to make an oral presentation.

Z. 

### Conduct of Hearing. DOE reserves the right to select the persons to be heard at this hearing. to schedule the respective presentations,"and to establish the procedures governing the conduct of the hearing. Each presentation shall be limited to 20 

### minutes.

A 

### DOE official will be designated to preside at the hearing. The hearing will 

### not be a judicial or an evidentiary-type hearing. but 

### will be conducted in accordance with 5 U.S.C. 553 and aection 336 ofthe Act. At the conclusion ofall initial oMI statements. ellch person who has made an oral statement will be given the opportunity to make a rebuttal

. statement. The rebuttal statements will

be given in the order in which the initial statements were made lind will 

### be lubject to time limitations.



### Any interested person who wishes to ask a question at the bearing may submit the question in 

### writing to the presiding officer to be asked ofany person making a statement at the

. hearing. The prelliding officer will

detennine whether the question is relevant and whether time limitations permit it to be presented for answer.

.Any further procedural rules regarding proper conduct ofthe bearing will be announced by the presiding officer. 

# u.t of Subjec:ta 

### in 10 CFR Part t30



### Adminilltrative practice and procedure. Energy conservation, Household appliances.



### In consideration of the foregoing. it 

### is proposed to amend Part 430 of Cbapter 

## n ofTitle 10. Code ofFederal Regulations, a•• et forth below.
b.ued in Waehington, DC. March 27.1986. DooDI R. Fitzpatrick. A•• i.tantSecretary. Conurvation and RenewableEnergy.



### PART 43o-ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS



### 1. The authority citation for Part430 continue. to read al followa:

Authority: Sec. S23[b). Pub. L 94-163. 89 Stat. 911. a. amended by Pub. L 05-e19. 92 Stat. 3268. t2 U.s.c. 8.293 (b).

### 12864 Federal Register / Vol. 51, No. 73 / Wednesday, April 18, 1986 / Proposed Rules

2. Section 430.27 is revised to read as follows:

1430.27 Petitions tar walvar and applications for Interim waiver. (a)(1) Any interested person may submit a petition to waive for a particular basic model any requirements off 430.2Z 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 sq 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 as 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) onstituting 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) indentify 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 formation with respect to the atermination of the petition. Upon receipt of any comments, DOE shall send a copy of such comments to the petitioner. (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 saccets of the Petition for Waiver and shall address what economic hardship and/orcompetitive disadvantage is likely toresult 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, shall notify in writing all known manufacturers of domestically marketed units of the same product type (as listed in section 322(a) of the Act) of the petition to waive a test procedure 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 statement 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. prior to filing both the Petition for Waiver and Application for Interim Waiver with DOE, shall notify in writing all known manufacturers of domestically marketed units of the same product type (as listed in section 322(a) of the Act) of the Application for Interim Waiver 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 typo (as listed in section 322(a) of the Actj. Such certification shall include the names and addresses of such persons. (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. - . (a) If administratively feasible, an applicant shall be notified in writing of the disposition of the Application for Interim Waiver within 15 business days of receipt of the applicatiorn

. Notice of DOE's determination on the Application for Interim Waiver shall be published in the Federal Register concurrent with Federal Register publication of the Petition for Waiver. (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 90 days after issuance or upon the determination on the Petition foe Waiver

. whichever ocean first. An interim waiver may be extended 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 with publication of the Petition for Waiver. 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, a petitioner may, within 10 working days of receipt of a copy of any comments submitted in accordance with paragraph (bX1) of this section. submit a 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 a decision an the petition as soon as is practicable following receipt Federal Regisler 

## I Vol. 51. 

# No. 73. 

## I Wednesday, April 16. 1986 

## I Proposed Rulet

2. Section 430.27 is revised to read

.. foHowl:
§430.27 PetItIcIMfar ..",...ancf f appilcaUOrnl for 

### IntMtm

.......

(a)(l) Anyinterested person may submit a petition to waive for a particularbasic model any requirements of

### t 430.22, OJ' of any appendix to this aubparLupon the 

### grounds that 

### the basic model contains one or more de,ign characteristica which either prevent testing of the basicmodel 

### ac.cording to the 

### prescribed telt 

### procedwu. or 

### &he prescribed test procedures 

### mayevaluate the basic model in a manner sQ· unrepresentative of ita true energy COnsumptiOll characteristics ••to provide materiaBy inaccurate comparative data.

(2) Any interested person who 

### has submitted a petition for waiver

.. provided in this snbpart may al90 file an application for interim waiver of 

### the applicable testprocedure 

### requiremenlL

(b)(l) A Petition 

### forWaiver shall be submitted. in triplicate. \0the 

### Aniatant Secretary for Conservation and Renewable Energy, United StaJea Department ofEnergy. Each Petition for Waiver 

### shall: (i) 

### Identify the 

### partiallat basic model{s) for which a waiver ia '!"8quested, the design characteristic(al .onstituting the**gro~** for 

### the petition. and the specific requirementa sought &0 be waived and shall diacUIII 

### in 

### detaU the need for the requestedwaiver: (ii) indentify manufacturers of

### all other basic models marketed 

### inthe 

### United States and known to the petitioeer to incorporate aimiIar desigD

. characteristic(s]; (iii) include 

### any

. alternate test procedures 

### known to the petitioner to evaluate 

### ina 

### maaner representative of the eIlilrgy consumption characteristics of

### the 

### baaU: model; and (iv) be signed by the

. petitioner or by an authorised representative. In accordance with tile provisions set forth in 10 CFR 1004.

### U. any request for confidential treatment 

### of
any information contained in a Petition for Waiver or 

### in supporting documentation muaf be accompanied by

a copy ofthe petition. application or supporting documentation from which the information claimed to 

### be confidential has been deleted 

### DOE abaH publish in the FederalRegister 

### the petition and supporting documents 

### from which confidential information. 

### as determined by DOE. lias been deleted 

### in accordance with 10CPR 1004.11 and shall solicit comments, data and

fonnatiOil with respect to the .!termination of the

### petitian. Upon receipt of any comments, DOE shall send a copy of snch comments 

### to 

### the petitioner.

.. (2) 

### AnApplication.for Interim Waiver 

### ,ball 

### be 

### llUbmitt!!d iA triplicate. with 

### Ole required

### three copiea of 

### the PetiUon for WaiYeF, 

### to 

### die Asaistant 

### Secretary for Conservation 

### and Renewable EIlerg. 

# u.s. Department ofEnergy.Each

. Application fOllnterim Wai:t'et shall· reference

### the Petitioo 

### b Waiverby identifying 

### the partiadar

### basic moclel(c) for which a waiver 

### andtemporlUJ' exception

### are

## beiDz lO\lgbt.

### Each Applicatiou for lnteriJa 

### WaiYK m.1I demonstrate likely 

### Recess of the Petition for

### Waiver and sball 

### addre

.. what economichardship 

### udfor competitive disadvantage it liJ;ely II).

. result ablenl 

### a favorable**~termination**

. on the AppHcatioll for mterim Waiver.

Each Application for Interim Waiver shall 

### be signed 

### 1>5' lIle applicant or

## bran allthorized representatift.

,

(c}{l} Each petitioner. after filing a " Petition for Waiverwith 

### DOE. shall notify 

### in writing all known " manufacturers of domesticany**marke~d** units of

### the same product type {as 

### nsted in section 322{a} of the Act) ofthe petition to waive a teslprocedure 

### and shall include ill the notice a statement that DOE has published in the Fede.ra1 Register 

### on a certain date 

### the Petitioa for Waiver 

### and supporting documenta. from which confidential iDformatkm" 

### if any. 

### as detet:m.ined by 

### DOE. baa 

### heea deleted 

### in accordaooe 

### with 10CFR 

### 1004.1t. Each petitioner. 

### in complyins with the requirementa of tWs paraarapb. shall file 

### with DOE a ltatement certifying the names 

### aDd addreaeee 

### 01

. each person to whom 

### a notice of

### the

. Petition for Waiver has been sent·

.

(2) Each appHcant for InterimWaiver. prior to filing both 

### the Petition for

. Waiver and Applh:ation for Interim Waiver with DOE, shall 

### notif)" fa writiDg 

### all 

### known manufacturera 

### of

. domestkany marketed units 

### ofthe same product type (ltslillted In section 322(a) ofthe Act) 

### of the 

### Application forJnterim WaiveI' and shall include 

### In 

### the notice a copy ofthe Petition for 

### VI aiver and 

### a copy of the Application forInterim Waiver. 

### In complying with 

### this section, each applicantshan 

### in the 

### writteD. notification include a statement that the Assistant Secretaryfor Conservation and Renewable Energy 

### win receive and consider 

### timely written commellta.

on the Application for Interim Waiver.

. Each applicanLupon 

### rUing 1m Application for lnterim:Waiver. 

### ahall in complying with the requirements 

### offbi. paragraph certify to DOE

### &hal 

### a copy 

### ef 

### these documenta.have 

### been lent \0 

### aU known manufacturers 

### of domestically marked unita 

### of the I8me produa type (as listed in aection 322(a} 

### of

### the Act). SuclI &ertiflC8Uon 

### .baH include the

names and addresses of 

### such penoa&.

(d) Any person lIubmitting written comments to DOE 

### with respect to an Application for InterimWaiver thaD 

### elso leud 

### a copy 

### of dle COlIlDlenU to 

### &he applic:anL

(e) 

### Ifadministratively feasible. 1m 

### IIpplicant lbaD

### benotified in writing 

### of the disposition ofthe Applialtion for Interim Waiver within 15 buaineA 

### days of receipt of

### the application. Notice of DOE'sdetemzination on 

### !he Appliatooa

. forInterim Waiver Iball 

### be published in 

### the Federal 

### R.e.giater concurrent with Federal Register publication 

### of

### tIMt Petition for Waiver.

..

(f) The filing ofan Application for Interim Waiver 

### aballnot c:ontJtitute 

### grounds for ooncompUance with 8.Df requirementa 

### of thia 

### subpart.

### \&BtU 8IIl Interim Waiver has been 

### granted.

(g) 

### An Interim W

### Rivet' from tot

. procedure req\rlremenbl 

### will be 

### sraaWd by the Aasiatant 

### SeaetarJ for

. COIlIervation 

### and Renewable F'.De1'SJ 

### if it is dete.rmined 

### dlat the. applicant will experience economic: bardahip 

### if the Application for Interim Waiver

.. denied; 

### ifit appeal"8 likely 

### that 

### the Petitian fo.: Waiver 

### will be gran&ed; .,' and/or 

### abe Auistant

### Secretary determinel that it would 

### be deairable 

### for publicpolicy reasons to grant immediate reliefpeDding 

### a detemrlJ:r.atioa 

### onthe Petition for Waiver.

(h) An interim waiver

### will terminate 90 days after isnalUle 

### or upon the determinatioD OG 

### the Petitiall fM Waiver,whichever 

### oc:cun first. Aa

. interim waiver may be exkUKledfor 180 days. Notice of auch extensioD Uld/

### a. any modification 

### 01 the terms or duratian 

### of the interim waiver ahall be ·published in 

### the Federal 

### Regis_ 

### with publication of the Petitioa 

### for Waiver-. and 

### shall be 

### based on

### rtievut information contained in

### the 

### recoJd and any 

### commenta received 

### S1H>aequen' \0 issuance 

### of

### the interim waive.

(il Followinj 

### publication of

### the Petition for Waiver 

### in the Federal Register, a petitioner may. within

## to workina**da~** of

### receipt of 

### a copJ 

### of lIllY comment. submitted 

### inaccmdanc:e with parasrapb (b}{1) of this.ectim. 

### aubmit. rebuttal statement tothe AuiataDt SecretalJ for Conservation 

### and Renewable 

### EDellD'. A petitioner may rebut 

### more than 

### anareapaaae ill 

### a 

## sinsIe rebuttal statemeaf..

(j)

### The petitioner 

### shall 

### be notified 

### ill 

### wrifuls as SOOI1

# a. practicable of

### the disposition of

### each Petition for Waiver. 

### TDe Anistant Secretary for

. . Conservation 

### amiRenewableEnergy shall iuue a deci.a.lon on the petition

.. loon 

### as is prac:ti.cable follaw:ins receiptFederal Register / Vol. 51, No. 73 / Wednesday, April 16, 1986 / Proposed Rules 12865

and review of the Petition for Waiver and other applicable documents, including, but not limited to, coments 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. (I) Waivers will be granted by the - Assistant Secretary for Conservation 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

, and any limiting conditions of each waiver. (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 Fits 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 aggrieiied 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 H.

(FR Doc. 88-8318 Filed 4-15-88; 8:45 am]
aILUNG CODE $45"1-M 

### Federal Register 

## I Vol. 51, No. 73 

## I Wednesday. April 16. 1986 

## I Proposed Rules

and review of the Petition for Waiver and other applicable documents. including. but not limited to. coments and rebuttal statements..

.

(k) 

### The filing ofa Petition for Waiver shall not constitute grounds for noncompliance with any requirements ofthis subpart. until a waiver orinterim waiver has been granted.

{I) Waivers will be granted by the Assistant Secretary for Conservation and Renewable Energy 

### ifit 

### is determined that the basic model for

. which the waiver was requested

contains a design characteristic which either Prevents testing ofthe basic model according to the prescribed test procedures. or the prescribed test procedures may evaluate the basic model in 

### a manner so unrepresentative ofits true energy consumption

. characteristics 8S 

### 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 ofeach waiver granted. and any limiting 

### conditions ofeach waiver.

(m) Within one year ofthe granting of any waiver. the Department ofEnergy will publish in the Federal Register a notice ofproposed rulemaking to amend -its 

### regulations so as to eliminate any need for the continuation of such waiver. As soon thereafter as practicable. the Department ofEnergy will publish in the Federal Register a final rule. Such waiver will terminate on the effective date of such final rule.

(n) Any person aggrietred by an action under this section may file an appeal with the DOE's Office ofHearings and Appeals as prOvided in 

### 10 CFR Part 205. SubpartH.
(FR Doc, 86-m18 Filed

......15-86; 8:45 am]

IIIUJNG COOE

.. so.ot

.... 

## .... 12865