X61

Proposed Rules

Tttis sec ion of to FEDERAL REGISTER

contains notices to the public of The

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 and

Renewable 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'

 CAS-RM-80-116 COMMENT 04

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 

Pr Dv!sJons for the Wafver of Consumer 

Product Test Procedur .. 

AGENcy: Department of Energy. 

ACTIQN: Notice of proposed 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 test procedure 

requirements to manufacturers·that have 

petitioned DOE for a waiver of such 

prescribf:ii product teat procedures. 

Manufacturers cummtly may petition 

DOE to temporarily waive test 

prooodures for a particular product. A 

waiver may be granted when 

characteristictl of the product prevent 

the u.se of the prescribed t.t procedures 

or lead to test procedure results that 

provide materially inaccurate 

comparative data. Today's proposal is 

intended to aimplify the waiver process 

10 that a manufactu.rer, 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 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 by June 16. 1988. 

Oral view •• data. and al'JWDeata may 

be pre8e1lted at the public hearina to be 

betd in WalhlDBlon. 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 of each 

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 Product Teat 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 of Energy. Forrestal 

Buildin&. Room lE-.245. l.OOO 

Independence Avenue SW .. 

Washington. DC. . 

Copies or the transcript of the public 

bearing and public comments received 

may be obtained from the DOE Freedom 

of Inform aU on Reading Room. U.S. 

Deparbnent of Energy. 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 section IV '"Public 

Comment Procedures" 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 of Title 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 

Comumer Products Other Than 

Automobiles. The consumer products 

aubject to this program (referred to 

hereafter as "covered products") are: Refrigerators and refrigerator-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 of Energy. if the 

product uses a specified minimum 

amount of energy. See section 322. 'IBe 

Secretary has not so classified any 

additional products. 

Under the Act. the Program conllisis 

essentially of three parts: testing. 

labeling. and energy efficiency 

alandarda. . 

For each of the cQvered productt. the 

Department Qf 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 ellch 

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 consumption of or the coet of 

energy conaumed by the product only in 

accordance with the DOE teal 

procedure. See aection Wlc). Teat 

procedurea have been prescribed 

I Part B or Title m a1EPCA .. _W bJ 

NECPA. a u.s.c. a:\Il~ II nalem4 &II. tJU 

IIOUce II tba • 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 P p petition for waiver is being considered. test procedures

for the covered products numerated in Under the proposed rule, any

section 322 (a)(1)-(13) of the Act.

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's

petition 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-based

enterprises to compete with foreignbased enterprises in domestic or export

markets. Therefore, in accordance with

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

which applies to rules other than major

rules, the proposed rule was submitted

 CAS-RM-80-116 COMMENT 04

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 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 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 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 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 relief to 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 relief from 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 of Hearings 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 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 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 of those 

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 if granted, 

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 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. EnvironmenbtI, Regulatory Inipact 

and Regulatory Flexibility Reviews· 

Q. Environmental Review 

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 

of this 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 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 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 of United 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.tted 
Federal'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 othesuitobeen made

o ut obligations concerning its persons may obtain copies of these confidentiality; (5) an explanation of the documents .by writing to the DOE competitive injury to the submitting Freedom of Information Reading Room - "Person which would result from public at the address specified at the beginni

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).

 CAS-RM-80-116 COMMENT 04

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 Small Entity Impact Re.view. . . 

In light of the foregoing. the . 

Department has determined and hereby 

certifies pursuant to section 605(b) of the 

Regulatory Flexibility Act that the 

proposal. if promulgated. will not have a 

"significant economic impact on a 

lubstantial number of small entities." " 

The proposed rule affects manufacturerS 

of covered 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 ~ of public 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 of Information Reading Room 

at the address specified at the beginning 

of this Notice. Such persons are advised 

to contact the DOE Freedom of 

Information Room in advapce 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 ~anscribing 

reporter for the public hea.riilg 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 . 

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 of the 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 of thill Notice and aU 

other relevant 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. if possible, 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 . 

determina lion. 

Factors of interellt 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 of information have 

been treated by the submitting party as -confidential. and whether and why such 

Items are customarily treated as . confidential within the industry; (3) 

whether the 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. Procedures for Submitting Requests 

to Speak. The time and place of the 

public hearing are indicated at the 

beginning of this notice. DOE invites 

any person who has an interest in 

today's proposed rule. or who is a fepl"8sentative of a 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 of this notice and must be 

received by the time .pecified at the '. 

beginning of this 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 Product Tellt 

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 and give • telephone number where he or .he 

may be 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 of Hearings and Dockets 

in advance of the 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 designa ted 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 of the Act. At the conclusion 

of all 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 of any 

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 of the 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 of Title 10. Code of Federal 

Regulations, a •• et forth below. 

b.ued in Waehington, DC. March 27.1986. 

DooDI R. Fitzpatrick. 

A •• i.tant Secretary. Conurvation and 

Renewable Energy. 

PART 43o-ENERGY CONSERVATION 

PROGRAM FOR CONSUMER 

PRODUCTS 

1. The authority citation for Part 430 

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/or

competitive 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

 CAS-RM-80-116 COMMENT 04

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 PetItIcIM far ..",... ancf f 

appilcaUOrnl for IntMtm ....... 

(a)(l) Any interested person may 

submit a petition to waive for a 

particular basic 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 basic model ac.cording to 

the prescribed telt procedwu. or &he 

prescribed test procedures may evaluate 

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 test procedure requiremenlL 

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

submitted. in triplicate. \0 the Aniatant 

Secretary for Conservation and 

Renewable Energy, United StaJea 

Department of Energy. 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 requested waiver: (ii) 

indentify manufacturers of all other 

basic models marketed in the 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 in a 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 of the petition. application or 

supporting documentation from which 

the information claimed to be 

confidential has been deleted DOE abaH 

publish in the Federal Register the 

petition and supporting documents from 

which confidential information. as determined by DOE. lias been deleted in 

accordance with 10 CPR 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) An Application. 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 of Energy. Each . 

Application fOllnterim Wai:t'et shall· 

reference the Petitioo b Waiver by 

identifying the partiadar basic moclel(c) 

for which a waiver and temporlUJ' 

exception are beiDz lO\lgbt. Each 

Applicatiou for lnteriJa WaiYK m.1I 

demonstrate likely Recess of the 

Petition for Waiver and sball addre .. 

what economic hardship 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 br an 

allthorized representatift. , 

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

Petition for Waiver with 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) of the 

petition to waive a tesl procedure 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 10 CFR 

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 Interim Waiver. 

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 of the same 

product type (ltslillted In section 322(a) 

of the Act) of the Application for Jnterim 

WaiveI' and shall include In the notice a 

copy of the Petition for VI aiver and a 

copy of the Application for Interim 

Waiver. In complying with this section, 

each applicant shan in the writteD. 

notification include a statement that the 

Assistant Secretary for Conservation 

and Renewable Energy win receive 

and consider timely written commellta. 

on the Application for Interim Waiver. . 

Each applicanL upon rUing 1m 

Application for lnterim:Waiver. ahall in 

complying with the requirements of fbi. 

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 &ertiflC8 Uon .baH include the names and addresses of such penoa&. 

(d) Any person lIubmitting written 

comments to DOE with respect to an 

Application for Interim Waiver thaD 

elso leud a copy of dle COlIlDlenU to &he 

applic:anL 

(e) If administratively feasible. 1m 

IIpplicant lbaD be notified in writing of 

the disposition of the Applialtion for 

Interim Waiver within 15 buaineA days 

of receipt of the application. Notice of 

DOE's detemzination on !he Appliatooa . 

for Interim Waiver Iball be published in 

the Federal R.e.giater concurrent with 

Federal Register publication of tIMt 

Petition for Waiver. .. 

(f) The filing of an 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; if it appeal"8 likely that the 

Petitian fo.: Waiver will be gran&ed; .,' 

and/ or abe Auistant Secretary 

determinel that it would be deairable for 

public policy reasons to grant immediate 

relief peDding a detemrlJ:r.atioa on the 

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 exkUKled for 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 in accmdanc:e with 

parasrapb (b}{1) of this.ectim. aubmit. 

rebuttal statement to the AuiataDt 

SecretalJ for Conservation and 

Renewable EDellD'. A petitioner may 

rebut more than ana reapaaae 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 ami Renewable Energy 

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

loon as is prac:ti.cable follaw:ins receipt 
Federal 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

 CAS-RM-80-116 COMMENT 04

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 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 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 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 

-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 aggrietred 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. 

SubpartH. 

(FR Doc, 86-m18 Filed ...... 15-86; 8:45 am] 

IIIUJNG COOE .. so.ot .... 

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