(10) Two-Wheeled Vehicle Programs-Includes activities to encourage the substitution of bicycles, mopeds, etc. for automobiles for commuting and operational purposes. These may include the establishment of weather-protected secure storage facilities, shower and locker facilities, and restricted routes for these vehicles on Federal property. Cooperative programs with local civil authorities may also be included.

(11) Consolidation of Facilities and Process Activities-Includes such measures as physical consolidation of operations to minimize intra-operational travel and may include facility closure or conversion. Alternative work patterns, availability of transportation, energy source availability, and technical and financial feasibility are among the considerations that should be evaluated.

(12) Agency Procurement Programs-Includes activities to ensure that energy conservation opportunities are fully exploited with respect to the agency's procurement programs including procurements relating to operations and maintenance activities; e.g., (a) giving preference to fuel-efficient products whenever practicable, and (b) ensuring that agency's contractors having a preponderance of cost-type contracts pursue a comprehensive energy conservation program.

(13) Energy Conservation Awareness Programs-Includes programs aimed toward gaining and perpetuating employee awareness and participation in energy conservation measures on the job and in their personal activities.

(14) Communication-Includes substitution of communications for physical travel. (15) Dress Code-Includes measures to allow employees greater freedom in their choice of wearing apparel to promote greater participation in conservation.

(16) Land Use-Includes energy considerations to be employed in new site selection, such as colocation.

(17) Automatic Data Processing (ADP)— Includes all energy aspects of ADP operation and equipment selection.

(18) Aircraft Operations-Includes energyconserving measures developed for both military and Federal administrative and research and development aircraft operations. (19) GOCO Facilities and Industrial Plants Operated by Federal Employees-Includes development of energy conservation plans at these facilities and plants which contain measures such as energy efficient periodic maintenance.

(20) Energy Conserving Capital Plant and Equipment Modification-Includes development of energy conservation and life cycle cost parameter measures for replacement of capital plant and equipment. (21) Process Improvements-Includes measures to improve energy conservation in industrial process operations. These may in

clude consideration of equipment replacement or modification, as well as scheduling and other operational changes.

(22) Improved Steam Maintenance and Management-Includes measures to improve energy efficiency of steam systems. These may include improved maintenance, installation of energy-conserving devices, and the operational use of substitutes for live steam where feasible.

(23) Improvements in Waste Heat Recovery-Includes measures utilizing waste heat for other purposes.

(24) Improvement in Boiler OperationsIncludes energy-conserving retrofit measures for boiler operations.

(25) Improved Insulation-Includes measures addressing the addition or replacement of insulation on pipes, storage tanks, and in other appropriate areas.

(26) Scheduling by Major Electric Power Users-Includes measures to shift major electrical power demands to non-peak hours, to the maximum extent possible.

(27) Alternative Fuels-Includes measures to alter equipment such as generators to use lower quality fuels and to fill new requirements with those that use alternative fuels. The use of gasohol in stationary gasolinepowered equipment should be considered, in particular.

(28) Cogeneration-Includes measures to make full use of cogeneration in preference to single-power generation.

(29) Mobility Training and Operational Readiness-Includes measures which can reduce energy demands through the use of simulators, communications, computers for planning, etc.

(30) Energy Conservation Inspection or Instruction Teams-Includes measures which formulate and perpetuate the review of energy conservation through inspections to determine where specific improvements can be made and then followed by an instruction and training program.

(31) Intra-agency and Interagency Information Exchange Program-Includes measures providing a free exchange of energy conservation ideas and experiences between elements of an agency and between other agencies in the same geographic area.

(32) Recycled Waste-Includes measures to recycle waste materials such as paper products, glass, aluminum, concrete and brick, garbage, asphalt road materials or any material which requires a petroleum base.

(33) Fuel Conversion-Includes measures to accomplish conversion from petroleum based fuels and natural gas to coal and other alternative fuels for appropriate equipment.

(34) Operational Lighting-Includes measures to reduce energy consumption for lighting in operational areas and GOCO

(36)

X9 X15

Industrial Buildings Heating-Includes measures to improve the energy conservation of industrial buildings such as: fixing holes in roofs, walls and windows; fitting flexible doors, fitting controls to heating systems; use of "economizer units" which circulate hot air back down from roof level to ground level; use of controlled ventilation; insulation of walls and roof; use of "optimisers" or optimum start controls in heating systems, so that the heating switchon is dictated by actual temperature conditions rather than simply by time.

(37) Hull Cleaning and Antifouling Coating-Includes measures to reduce energy consumption through periodic cleaning of hulls and propellers or through the use of antifouling coatings.

(39) Building Temperature Restrictions on Thermostat Setting for Heating, Cooling and Hot Water-Includes enforcement of suggested restriction levels: 65 degrees for heating, 78 degrees for cooling, and 105 degrees or ban for hot water.

(40) Such other measures as DOE may from time-to-time add to this appendix, or as the Federal agency concerned may find to be energy-saving or efficient.

APPENDIX D TO PART 436-ENERGY PROGRAM CONSERVATION ELEMENTS

(a) In all successful energy conservation programs, certain key elements need to be present. The elements listed below must be incorporated into each agency conservation program and must be reflected in the 10year plan prescribed in § 436.102. Those organizations that have already developed programs should review them to determine

whether the present management systems incorporate these elements.

(1) Top Management Control. Top management must have a personal and sustained commitment to the program, provide active direction and motivation, and require regular review of overall energy usage at senior staff meetings.

(2) Line Management Accountability. Line managers must be accountable for the energy conservation performance of their organizations and should participate in establishing realistic goals and developing strategies and budgets to meet these goals.

(3) Formal Planning. An overall 10-year plan for the period 1980-1990 must be developed and formalized which sets forth performance-oriented conservation goals, including the categorized reduction in rates of energy consumption that the program is expected to realize. The plan will be supplemented by guidelines enumerating specific conservation procedures that will be followed. These procedures and initiatives must be life cycle cost-effective as well as energy efficient.

(4) Goals. Goals must be established in a measurable manner to answer questions of "Where are we?" "Where do we want to go?" "Are we getting there?" and "Are our initiatives for getting there life cycle cost-effective?"

(5) Monitoring. Progress must be reviewed periodically both at the agency headquarters and at local facility levels to identify program weakness or additional areas for conservation actions. Progress toward

achievement of goals should be assessed, and explanations should be required for non-achievement or unusual variations in energy use. Monitoring should include personal inspections and staff visits, management information reporting and audits.

(6) Using Technical Expertise. Personnel with adequate technical background and knowledge of programmatic objectives should be used to help management set technical goals and parameters for efficient planning and implementation of energy conservation programs. These technicians should work in conjunction with the line managers who are accountable for both mission accomplishment and energy conservation.

(7) Employee Awareness. Employees must gain an awareness of energy conservation through formal training and employee information programs. They should be invited to participate in the process of developing an energy conservation program, and to submit definitive suggestions for conservation of energy.

(8) Energy Emergency Planning. Every energy management plan must provide for programs to respond to contingencies that may occur at the local, state or National

level. Programs must be developed for potential energy emergency situations calling for reductions of 10 percent, 15 percent and 20 percent for up to 12 months. Emergency plans must be tested to ascertain their effectiveness.

(9) Budgetary and Fiscal Support. Resources necessary for the energy conservation program must be planned and provided for, and the fiscal systems adjusted to support energy management investments and information reporting.

(10) Environmental Considerations. Each agency shall fulfill its obligations under the National Environmental Policy Act in developing its plan.

Fund.

440.27 Evaluating State Performance. 440.28 Awarding the Performance Fund. 440.29 Appeals.

440.30 Administrative review.

APPENDIX A-STANDARDS FOR WEATHERIZATION MATERIALS

AUTHORITY: Title IV, Energy Conservation and Production Act, Pub. L. 94-385, 90 Stat. 1150 (42 U.S.C. 6851 et seq.), as amended; Department of Energy Organization Act, Pub. L. 95-91, 91 Stat. 565 (42 U.S.C. 7101 et seq.).

SOURCE: 49 FR 3629, Jan. 27, 1984, unless otherwise noted.

§ 440.1 Purpose and scope.

This part contains the regulation adopted by the Department of Energy

to carry out a program of weatherization assistance for low-income persons established by Part A of the Energy Conservation in Existing Buildings Act of 1976, 42 U.S.C. 6861 et seq., enacted as Title IV of the Energy Conservation and Production Act, Pub. L. 94-385, 90 Stat. 1150 et seq., and amended by Title II, Part 2 of the National Energy Conservation Policy Act, Pub. L. 95619, 92 Stat. 3206 et seq., and by the Energy Security Act, Pub. L. 96-294, 94 Stat. 611 et seq.

§ 440.2 Administration of grants.

Grant awards under this part shall comply with applicable law including, without limitation, the requirements of:

(a) Executive Order 12372 entitled "Intergovernmental Review of Federal Programs", 48 FR 3130, and the DOE Regulation implementing this Executive Order entitled "Intergovernmental Review of Department of Energy Programs and Activities" (10 CFR Part 1005);

(b) Office of Management and Budget Circular A-97, entitled "Rules and Regulations Permitting Federal Agencies to Provide Specialized or Technical Services to State and Local Units of Government under Title III of the Inter-Governmental Coordination Act of 1968;"

(c) Unless in conflict with provisions of this part, the DOE Financial Assistance Rule (10 CFR Part 600); and

(d) Such other procedures applicable to this part as DOE may from time to time prescribe for the administration of financial assistance.

20-032 0-88--8

assess, design, operate, finance, and oversee antipoverty programs.

"Cooling Degree Days" means a population-weighted annual average of the climatological cooling degree days for each weather station within a State, as determined by DOE.

"DOE" means the Department of Energy.

"Dwelling Unit" means a house, including a stationary mobile home, an apartment, a group of rooms, or a single room occupied as separate living quarters.

a person

"Elderly Person" means who is 60 years of age or older. "Family Unit" means all persons living together in a dwelling unit.

"Governor" means the chief executive officer of a State, including the Mayor of the District of Columbia.

"Grantee" means the State or other entity named in the Notification of Grant Award as the recipient.

"Handicapped Person” means any individual (1) who is a handicapped inIdividual as defined in Section 7(6) of the Rehabilitation Act of 1973, (2) who is under a disability as defined in Section 1614(a)(3)(A) or 223(d)(1) of the Social Security Act or in Section 102(7) of the Developmental Disabilities Services and Facilities Construction Act, or (3) who is receiving benefits under Chapter 11 or 15 of Title 38, U.S.C.

a

"Heating Degree Days" means population-weighted seasonal average of the climatological heating degree days for each weather station within a State, as determined by DOE.

"Incidental Repairs" means those repairs necessary for the effective performance or preservation of weatherization materials. Such repairs include, but are not limited to, framing or repairing windows and doors which I could not otherwise be caulked or weather-stripped and providing protective materials, such as paint, used to seal materials installed under this program.

"Indian Tribe" means any tribe, band, nation, or other organized group or community of Native Americans, including any Alaskan native village, or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act,

Pub. L. 92-203, 85 Stat. 688, which (1) is recognized as eligible for the special programs and services provided by the United States to Native Americans because of their status as Native Americans, or (2) is located on, or in proximity to, a Federal or State reservation or rancheria.

"JTPA" means the Job Training Partnership Act, 29 U.S.C. 1501 et seq.

"Local Applicant” means a CAA or other public or non profit entity unit of general purpose local government.

"Low Income" means that income in relation to family size which:

(1) Is at or below 125 percent of the poverty level determined in accordance with criteria established by the Director of the Office of Management and Budget, except that the Secretary may establish a higher level if the Secretary, after consulting with the Secretary of Agriculture and the Secretary of Health and Human Services, determines that such a higher level is necessary to carry out the purposes of this part and is consistent with the eligibility criteria established for the weatherization program under section 222(a)(12) of the Economic Opportunity Act of 1964;

(2) Is the basis on which cash assistance payments have been paid during the preceding twelve month-period under Titles IV and XVI of the Social Security Act or applicable State or local law; or

(3) If a State elects, is the basis for eligibility for assistance under the Low Income Home Energy Assistance Act of 1981, provided that such basis is at least 125 percent of the poverty level determined in accordance with criteria established by the Director of the Office of Management and Budget.

"Native American" means a person who is a member of an Indian tribe.

"Number of Low-Income, Owner-Occupied Dwelling Units in the State" means the number of such dwelling units in a State, as determined by DOE.

"Number of Low-Income, Renter-Occupied Dwelling Units in the State" means the number of such dwelling units in a State, as determined by DOE.

"Operations Office Manager" means the manager of a DOE Operations Office or his or her designee.

"Percentage of Total Residential Energy Used for Space Cooling" means the national percentage of total energy used for space cooling, as determined by DOE.

"Percentage of Total Residential Energy Used for Space Heating" means the national percentage of total energy used for space heating, as determined by DOE.

"Relevant Reporting Period" means the Federal fiscal year beginning on October 1 and running through September 30 of the following calendar year.

"Rental Dwelling Unit" means a dwelling unit occupied by a person who pays rent for the use of the dwelling unit.

"Secretary" means the Secretary of the Department of Energy.

"Separate Living Quarters" means living quarters in which the occupants do not live and eat with any other persons in the structure and which have either (1) direct access from the outside of the building or through a common hall or (2) complete kitchen facilities for the exclusive use of the occupants. The occupants may be a single family, one person living alone, two or more families living together, or any other group of related or unrelated persons who share living arrangements.

means a structure containing no more than one dwelling unit.

"Skirting" means material used to border the bottom of a dwelling unit to prevent infiltration.

"State" means each of the States and the District of Columbia.

"Subgrantee" means an entity managing a weatherization project which receives a grant of funds awarded under this part from a grantee.

"Tribal Organization" means the recognized governing body of any Indian tribe or any legally established organization of Native Americans which is controlled, sanctioned, or chartered by such governing body.

"Unit of General Purpose Local Government" means any city, county, town, parish, village, or other general

purpose political subdivision of a State.

"Vestibule' means an enclosure built around a primary entry to a dwelling unit.

"Weatherization Materials" mean: (1) Caulking and weatherstripping of doors and windows;

(2) Furnace efficiency modifications, including, but not limited to

(i) Replacement burners, furnaces, or boilers or any combination thereof; (ii) Devices for minimizing energy loss through heating system, chimney, or venting devices; and

(iii) Electrical or mechanical furnace ignition systems which replace standing gas pilot lights.

(3) Clock thermostats;

(4) Ceiling, attic, wall, floor, and duct insulation;

(5) Water heater insulation;

(6) Storm windows and doors, multiglazed windows and doors, heat-absorbing or heat-reflective window and door materials; and