The effective date of a final energy efficiency standard (including a determination of no standard) in § 430.32 shall be the later of: (a) 180 days after publication of that standard in the FEDERAL REGISTER, or (b) With respect to a covered product in a particular State for which that State has filed a notice of petition within 60 days of publication of that standard in the FEDERAL REGISTER, and a petition under section 327(b)(3) of the Act within 120 days of publication of that standard in the FEDERAL REGISTER, 30 days from the date upon which the issuance or denial of the final rule concerning that petition is published in the FEDERAL REGISTER. [48 FR 39409, Aug. 30, 1983] Subpart D-General Procedural Regulations AUTHORITY: Energy Policy and Conservation Act, Pub. L. 94-163, as amended by Pub. L. 95-619; Federal Energy Administration Act of 1974, Pub. L. 93-275, as amended by Pub. L. 94-385; Department of Energy Organization Act, Pub. L. 95-91; E.O. 12009, 42 FR 46467. SOURCE: 47 FR 57218, Dec. 22, 1982, unless otherwise noted. § 430.41 Petition for prescription of a rule. (a) Pursuant to section 327(b)(1) of the Act, any person subject to a State regulation may petition the Secretary for a rule to supersede in whole or in part that State regulation prescribing an energy efficiency standard or other requirement respecting energy use or energy efficiency of a type (or class) of covered products. (b)(1) Pursuant to section 327(b)(3) of the Act, any State may petition the Secretary for a rule that a State regulation prescribing an energy efficiency standard or other requirement respecting energy use or energy efficiency for a type (or class) of covered products not be superseded. (2) A State may submit a notice of petition to the Secretary within 60 days after publication of a final standard for a covered product and a complete petition within 120 days after publication of such a final standard for a covered product in order to implement the provisions of § 430.34(b) of this part. § 430.42 Filing requirements. (a) A notice of petition or a petition for a rule under this section shall be submitted in triplicate to: U.S. Department of Energy, "Section 327 Petition-Energy Efficiency Program for Consumer Products," Assistant Secretary for Conservation and Renewable Energy, Mail Station, CE-1, Forrestal Building, 1000 Independence Avenue, S.W., Washington, D.C. 20585. (b)(1) A petition for a rule to supersede a State or local regulation and all related submissions shall be served upon each State agency, department, or instrumentality whose regulation the petitioner seeks to supersede. (2) All materials required to be served under this part shall be served personally or by registered or certified mail. Service upon a person's duly authorized representative shall constitute service upon that person. Service by registered or certified mail is complete upon mailing. (c) If the DOE determines that there is insufficient information upon which to base a decision and if upon request the necessary additional information is not submitted, the DOE may deny the petition without prejudice. The Secretary shall publish notice of such a denial in the FEDERAL REGISTER and the reason for such a denial. (d) If any person wishes to claim confidential treatment pursuant to 5 U.S.C. 552 or 16 U.S.C. 1905, for any information contained in the petition or other document submitted prior to the issuance of a final decision, that person shall submit together with the original document, a copy of the document in triplicate, from which has been deleted the information for which such person wishes to claim confidential treatment. The person shall indicate in the original document that it is confidential or contains confidential information and shall file a statement specifying the justification for non-disclosure of the information for which confidential treatment is claimed. If the person states that the information comes within the exception in 5 U.S.C. 552(b)(4) for trade secrets and commercial or financial information, such person shall include a statement specifying why such information is privileged or confidential. If the person filing a document does not submit a copy of the document with the confidential information deleted, the DOE may assume that there is no objection to public disclosure of the document in its entirety. The DOE retains the right to make its own determination with regard to any claim of confidentiality. Notice of the decision by the DOE to deny such claim, in whole or in part, and an opportunity to respond shall be given to a person claiming confidentiality of information no less than five days prior to its public disclosure. [47 FR 57218, Dec. 22, 1982, as amended at 47 FR 39409, Aug. 30, 1983] § 430.43 Announcement of petition for rulemaking. Promptly after receipt of a petition, an announcement of such a petition shall be published in the FEDERAL REGISTER. The announcement shall set forth the availability for public review of all data, and information available, and shall solicit comments, data and information with respect to the petition. Each announcement shall contain a summary of the State or local regulation at issue and either (a) the petitioner's reasons for a rule to supersede the State or local regulation, or (b) the petitioner's reasons for a rule not to supersede the regulation. Except as may otherwise be specified, the period for public comment shall be 90 days after the announcement appears in the FEDERAL REGISTER. This comment period shall be the same as any comment period specified by the Secretary pursuant to § 430.46(b). (a) A petition to supersede a State regulation under section 327(b)(1) of the Act shall include: (1) The name, address and telephone number of the petitioner; (2) A statement of the interest of the petitioner for which a superseding rule is sought; (3) A copy of the law or regulation for which supersession is sought; (4) Specification of each type or class of product for which a superseding rule is sought; (5) Information which would show why such regulation unduly burdens interstate commerce; (6) Information which would show that there is no significant State or local interest sufficient to justify the State regulation in issue; (7) Any other information that the petitioner considers relevant or that the Secretary may require. (b) A petition from a State for a rule for exemption from supersession of a State regulation under section 327(b)(3) of the Act shall include: (1) The name, address, and telephone number of the petitioner; (2) A statement of the petitioner's authority to represent the governmental entity in this proceeding; (3) A copy of the law or regulation which the State or local entity requests not be superseded; (4) Specification of each type or class or product covered by the regulation; (5) A description of the significant State or local interest justifying such State regulation; (6) Any other information that the petitioner considers relevant or that the Secretary may require. (c) A notice of petition submitted under § 430.41(b)(2) from a State shall include the information contained in § 430.44(b) (1), (2) and (3). (d) All petitions and comments by interested persons shall be made available for public review, except for information determined to be confidential pursuant to § 430.42(d). § 430.45 Consolidation of proceedings. DOE may consolidate any or all matters at issue in two or more proceedings docketed where there exist common questions of fact and law, and where such consolidation would expedite or simplify consideration of the issues. Consolidation shall not affect the right of any party to raise issues that could have been raised if consolidation had not occurred. § 430.46 Hearings and comments of interested persons. (a) The Secretary shall hold a public hearing to afford interested persons a reasonable opportunity to present oral data, views, and arguments with respect to the proposed rule, and publish notice in the FEDERAL REGISTER of the date and location of the hearing. A transcript shall be kept of the hearing. (b) The Secretary shall accept written comments from interested persons with respect to the proposed rule. § 430.47 Evaluation of petition. (a) In evaluating a petition submitted pursuant to section 327(b)(1) of the Act, the Secretary shall issue a requested rule only if the Secretary determines: (1) There is no significant State or local interest sufficient to justify such regulation; or (2) Such State or local regulation unduly burdens interstate commerce. (b) In evaluating a petition submitted pursuant to section 327(b)(3) of the Act, the Secretary shall issue the requested rule only if the Secretary determines: (1) There is a significant State or local interest to justify such regulation; and (2) Such State or local regulation contains a more stringent energy efficiency standard than such Federal standard; except that the Secretary may not prescribe such rule if he finds that such State or local regulation would unduly burden interstate commerce. § 430.48 Disposition of petition. (a) The Secretary shall prescribe a final rule or deny the petition within 6 months after the date the petition is filed, except that the Secretary may publish a notice in the FEDERAL REGISTER extending such period to a date certain. Such notice shall include the reasons for the delay. (b) The final rule issued by the Secretary or a determination to deny the petition by the Secretary shall include a written statement setting forth the factual and legal basis for the decision. A copy of the Secretary's decision shall be sent to either (1) the petitioner and the affected State or local agency if the petition is for a rule to supersede a State regulation, or (2) the petitioner and all persons subject to the State regulation who have submitted comments if the petition is for a rule not to supersede a State regulation. The Secretary shall publish in the FEDERAL REGISTER a notice of the final rule or a notice of the denial of the petition and the factual and legal basis for the decision. § 430.49 Judicial review. The decision issued by the Secretary concerning a petition filed under this subpart shall be a final determination of the DOE of which any adversely affected person may seek judicial review. PART 436-FEDERAL ENERGY MANAGEMENT AND PLANNING PROGRAMS Sec. 436.1 Scope. 436.2 General objectives. 436.103 Program goal setting. 436.104 Energy conservation measures and standards. 436.105 Emergency conservation plan. APPENDIX A TO PART 436-ENERGY CONSERVA- APPENDIX B TO PART 436-GOAL SETTING METHODOLOGY APPENDIX C TO PART 436-GENERAL OPERATIONS ENERGY CONSERVATION MEASURES APPENDIX D TO PART 436-ENERGY PROGRAM CONSERVATION ELEMENTS AUTHORITY: Energy Policy and Conservation Act, 42 U.S.C. 636.1; Executive Order 11912, as amended, 42 FR 37523 (July 20, 1977); National Energy Conservation Policy Act, Title V, Part 2, 42 U.S.C. 8241, unless otherwise noted. SOURCE: 44 FR 60669, Oct. 19, 1979, unless otherwise noted. § 436.1 Scope. This part sets forth the rules for Federal energy management and planning programs to reduce Federal energy consumption and to promote cost-effective investments in energysaving alternative building systems, energy-saving new building designs, and use of solar and other renewable energy sources. These rules are required or authorized under section 381(a)(2) of the Energy Policy and Conservation Act, 42 U.S.C. 6361(a)(2), section 10 of Executive Order 11912 as amended, 42 FR 37523 (July 20, 1977), or Title V of the National Energy Conservation Policy Act, 42 U.S.C. 8241. As used in this subpart— "Alternative building system" means an energy conservation measure, as defined by this section, including a renewable energy system, for an existing Federal building, or a primarily energy saving building system, including a renewable energy system, for consideration as part of the design for a new Federal building. "Base Year" means the year in which a life cycle cost analysis is conducted. "Building"means any structure with a roof and walls designed for storage or human use. "Building system" means any portion of the structure of the building or of any energy-using system in the building. "Component price” means any variable sub-element of the total charge for a fuel or energy, including but not limited to such charges as "demand charges," "peak charges," "off-peak charges" and "seasonal charges." "Demand charge" means that portion of the charge for electric service based upon the plant and equipment costs associated with supplying the electricity consumed. "Energy conservation measure" means an installation or modification of an installation in a building which is primarily intended to reduce energy consumption or allow the use of a renewable energy source, including, but not limited to (a) Insulation of the building structure and systems within the building; (b) Storm windows and doors, multiglazed windows and doors, heat absorbing or heat reflective glazed and coated windows and door systems, additional glazing, reductions in glass area and other window and door system modifications; (c) Automatic energy control systems; (d) Equipment required to operate variable steam, hydraulic and ventilating systems adjusted by automatic energy control systems; (e) Solar space heating or cooling systems, solar electric generating systems, or any combination thereof; (f) Solar water heating systems; |