cent confidence limit of the true mean divided by 1.05, and (B) any represented value of the energy factor or other measure of energy consumption of a basic model for which consumers would favor higher values shall be no greater than the lower of (1) the mean of the sample, or (2) the lower 971⁄2 percent confidence limit of the true mean divided by .95.

(5) Whenever measures of energy consumption determined by linear interpolation do not agree with measures of energy consumption determined by actual testing, the values determined by testing will be assumed to be the more reliable values.

(6) In calculating the measures of energy consumption for each unit tested, use the design heating requirement corresponding to the mean of the capacities of the units of the sample.

(o)(1) For each basic model 1 of vented home heating equipment (not including furnaces) a sample of sufficient size shall be tested to insure that

(i) Any represented value of estimated annual operating cost, energy consumption or other measure of energy consumption of a basic model for which consumers would favor lower values shall be no less than the higher of (A) the mean of the sample or (B) the upper 971⁄2 percent confidence limit of the true mean divided by 1.05, and

(ii) Any represented value of the fuel utilization efficiency or other measure of energy consumption of a basic model for which

consumers

would favor higher values shall be no greater than the lower of (A) the mean of the sample or (B) the lower 972 percent confidence limit of the true mean divided by .95.

(2) In calculating the measures of energy consumption for each unit tested use the design heating requirement corresponding to the mean of the capacities of the units of the sample.

'Components of similar design may be substituted without requiring additional testing if the represented measures of energy consumption continue to satisfy the applicable sampling provision.

(Energy Policy and Conservation Act, Pub. L. 94-163, as amended by Pub. L. 95-619; Department of Energy Organization Act, Pub. L. 95-91)

[44 FR 22416, Apr. 13, 1979, as amended at 44 FR 39153, July 5, 1979; 44 FR 76706, Dec. 27, 1979; 45 FR 53719, Aug. 12, 1980]

§ 430.27 Petitions for waiver.

(a) Notwithstanding any other provisions of this subpart, any interested person may submit a petition to waive for a particular basic model any requirements of § 430.22, or of any appendix to this subpart, upon the grounds that the basic model contains one or more design characteristics which either prevent testing of the basic model according to the prescribed test procedures, or the prescribed test procedures may evaluate the basic model in a manner so unrepresentative of its true energy consumption characteristics as to provide materially inaccurate comparative

data.

(b) Each petition shall be denominated "Petition for Waiver" and shall be submitted, in triplicate, to the Assistant Secretary for Conservation and Solar Energy, United States Department of Energy. Each petition shall identify the particular basic model for which a waiver is requested, the design characteristic(s) constituting the grounds for the petition, and the specific requirements sought to be waived and shall discuss in detail the need for the requested waiver. Each petition shall identify manufacturers of all other basic models marketed in the United States and known to the petitioner to incorporate similar design characteristic(s). Each petition shall include any alternate test procedures known to the petitioner to evaluate in a manner representative of the energy consumption characteristics of the basic model. Each petition shall be signed by the petitioner or by an authorized representative. If an authorized representative signs the petition, a statement shall be included certifying that such person is an authorized representative of the petitioner. 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 or supporting documentation from which the information claimed to be confidential has been deleted. DOE shall publish in the FEDERAL REGISTER the petition and supporting documents from which confidential information, as determined by DOE, has been deleted in accordance with 10 CFR 1004.11 and shall solicit comments, data and information with respect to the determination of the petition. Each petitioner after complying with the requirements of paragraph (c) of this section, 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.

(c) Each petitioner, after filing 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 and supporting documents from which confidential information, as determined by DOE, has been deleted in accordance with 10 CFR 1004.11.

(d) A petitioner may, within ten working days of receipt of a copy of any comments submitted in accordance with paragraph (b) of this section, submit a rebuttal statement to the Assistant Secretary for Conservation and Solar Energy. A petitioner may rebut more than one response in a single rebuttal statement.

(e) Petitioner shall be notified in writing as soon as practicable of the disposition of each petition for waiver. Within 30 days of receipt of a petition for waiver, a timely response, or a timely rebuttal statement, whichever occurs last, the Assistant Secretary for Conservation and Solar Energy shall notify the petitioner in writing that either (1) a waiver has been granted; (2) a waiver has been denied, stating the reasons for denial; (3) further information is required to be submitted; or (4) review of the petition is continuing.

(f) The filing of a petition for waiver shall not constitute grounds for noncompliance with any requirements of this subpart, until a waiver has been granted.

(g) Waivers will be granted by the Assistant Secretary for Conservation and Solar 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 Solar 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.

(h) 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 a final rule. Such waiver will terminate on the effective date of such final rule.

(i) Any person who is aggrieved by an action of failure to act on the part of the Department of Energy under this section may file an appeal with the Department of Energy's Office of Hearings and Appeals as provided in 10 CFR Part 205, Subpart H. Any person who believes that he has suffered serious hardship or gross inequity as a result of any requirements of this subpart may file an application for exception with the Office of Hearings and Appeals as provided in 10 CFR Part 205, Subpart D. Any person who desires an interpretation of any provision of this subpart may file a formal request for interpretation as

80-181 0-81--4

provided in 10 CFR Part 205, Subpart F.

[45 FR 64110, Sept. 26, 1980]

APPENDIX A TO SUBPART B OF PART 430-UNIFORM TEST METHOD FOR MEASURING THE ENERGY CONSUMPTION OF ELECTRIC REFRIGERATORS AND ELECTRIC REFRIGERATOR-FREEZERS

1. DEFINITIONS

1.1 "Adjusted total volume" means the sum of (i) the net general refrigerated volume as defined in ANS B38.1-1970 in cubic feet, and (ii) the product of an adjustment factor and the net freezer refrigerated volume as defined in ANS B38.1-1970, in cubic feet.

1.2 "Anti-sweat heater" means a device incorporated into the design of a refrigerator or refrigerator-freezer to prevent the accumulation of moisture on exterior surfaces of the cabinet under conditions of high ambient humidity.

1.3 "Cycle" means the operation of an electric refrigerator or electric refrigeratorfreezer for a continuous period of 24 hours with the consumer-activated controls set so that the test conditions specified in HRF-2ECFT-1975 are maintained.

1.4 "Cycle type" means the operation of an electric refrigerator or electric refrigerator-freezer for a continuous period of 24 hours, with the consumer-activated controls set to establish various operating characteristics.

1.5 "Standard cycle" means the cycle type in which the anti-sweat heater switch, when provided, is set in the highest energy consuming position.

2. TESTING CONDITIONS

2.1 Operational conditions. Install the electric refrigerator or electric refrigeratorfreezer and maintain the operating conditions in accordance with the Association of Home Appliance Manufacturers (AHAM) Standard HRF-2-ECFT-1975. All references in HRF-2-ECFD-1975 to American National Standard (ANS) B38.1 shall be interpreted as references to ANS B38.1-1970.

3. TEST CYCLE AND MEASUREMENTS 3.1 Test cycle. Perform a test cycle type by establishing the testing conditions set forth in 2, testing the electric refrigerator or electric refrigerator-freezer in accordance with the AHAM Standard HRF-2-ECFT1975. Test data may be based on test periods of less than 24 hours if corrected to corresond to a 24-hour test period as specified in HRF-2-ECFT-1975.

terior surfaces of the cabinet under conditions of high ambient humidity.

1.2 "Cycle" means the operation of a freezer for a continuous period of 24 hours with the consumer-activated constrols preset so that the test conditions specified in HRF-2-ECFT-1975 are maintained.

1.3 "Cycle type" means the operation of a freezer for a continuous period of 24 hours with the consumer-activated controls set to establish various operating characteristics.

1.4 "Standard cycle" means the cycle type in which the anti-sweat heater switch, when provided, is set in the highest energy consuming position.

2. TESTING CONDITIONS

2.1 Operational conditions. Install the freezer and maintain the operating conditions in accordance with the Association of Home Appliance Manufacturers (AHAM) Standard HRF-2-ECFT-1975. All references in HRF-2-ECFD-1975 to American National Standard (ANS) B38.1 shall be interpreted as references to ANS B38.1-1970.

3. TEST CYCLE AND MEASUREMENTS

3.1 Test cycle. Perform a test cycle type by establishing the testing conditions set forth in 2, testing the freezers in accordance with the AHAM Standard HRF-2-ECFT1975. Test data may be based on test periods of less than 24 hours if corrected to correspond to a 24-hour test period as specified in HRF-2-ECFT-1975.

3.2 Test measurements. Measure the net freezer refrigerated volume, in cubic feet, in accordance with ANS B38.1-1970, section

4.2.

3.3 Report values. State the reported values of energy consumption, Et, expressed in kilowatt-hours, as determined in accordance with AHAM Standard HRF-2-ECFT1975 and the net freezer refrigerated volume, in cubic feet, as determined in accordance with ANS B38.1-1970, section 4.2.

4. CALCULATION OF DERIVED RESULTS FROM TEST MEASUREMENTS

4.1 Average per-cycle energy consumption. 4.1.1 Chest freezers. Calculate for chest freezers under test the average per-cycle energy consumption, Ec, expressed in kilowatt-hours per cycle, and defined as: Ec=EtXCc

where

E, is defined in 3.3, and

Ce correction factor of 0.7, dimensionless 4.1.2 Upright freezers. Calculate for upright freezers under test the average percycle energy consumption, Eu, expressed in kilowatt-hours per cycle and defined as: Eu EtX Cu

where

APPENDIX C TO SUBPART B OF PART 430-UNIFORM TEST METHOD FOR MEASURING THE ENERGY CONSUMPTION OF DISHWASHERS

1. Definitions.-1.1 "Cycle" means a sequence of operations of a dishwasher which performs a complete dishwashing operation, and may include variations or combinations of the functions of washing, rinsing and drying.

1.2 "Cycle type" means either any complete sequence of operations capable of being preset on the dishwasher prior to the initiation of machine operation.

1.3 "Normal cycle" means the cycle type recommended by the manufacturer for completely washing a full load of normally soiled dishes, including the power-dry feature.

1.4 "Power-dry feature" means that function in a cycle in which electrically-generated heat is introduced into the washing chamber for the purpose of improving the drying performance of the dishwasher.

1.5 "Truncated normal cycle" means the normal cycle interrupted to eliminate the power-dry feature after the termination of the last rinse operation.

2. Testing conditions.-2.1 Installation. Install the dishwasher in accordance with the manufacturer's instruction, except that undercounter dishwashers need not be installed under a counter.

2.2 Electrical supply. Maintain the electrical supply to the dishwasher within two percent of 115 volts and within one percent of its nameplate frequency as specified by the manufacturer.

2.3 Water temperature. Maintain the water supply temperature between 135° F and 145° F.

2.4 Water pressure. Maintain the pressure of the water supply between 32.5 and 37.5 pounds per square inch.

2.5 Ambient and machine temperature. Maintain the room ambient air temperature between 70° F and 85° F, and assure that the dishwasher is at room ambient temperature at the start of each test cycle.

2.6 Load. The dishwasher shall be tested on the normal cycle and the truncated normal cycle without a test load.

3. Test cycle and measurements.-3.1 Test cycle. Perform a test cycle by establishing the testing conditions set forth in 2 of this Appendix, setting the dishwasher to the cycle type to be tested, initiating the cycle and allowing the cycle to proceed to completion.

3.2 Machine electrical energy consumption. Measure the machine electrical energy consumption, Me, specified as the number of kilowatt-hours of electrical energy consumed during the entire test cycle, using a kilowatt-hour meter having a resolution no larger than 0.001 kilowatt hours and a maximum error no greater than one percent.

3.3 Water consumption. Measure the water consumption, specified as the number of gallons delivered to the dishwasher during the entire test cycle, using a water meter having a resolution no larger than 0.1 gallon and a maximum error no greater than 1.5 percent for all water flow rates from one to five gallons per minute and for all water temperatures encountered in the test cycle.

3.4 Reported values. State the reported values of machine electrical energy consumption and water consumption as measured.

4. Calculation of derived results from test measurements.-4.1 Per-cycle water energy consumption using electrically heated water. Calculate for the cycle type under test the per-cycle water energy consumption using electrically heated water, We, expressed in kilowatt-hours per cycle and defined as:

C-specific heat of water in Btu's per gallon per degree fahrenheit-8.1966. e=nominal gas or oil water heater efficiency=0.75.

4.3 Per-cycle machine electrical energy consumption. Use the measured value recorded in 3.2 as the per cycle machine electrical energy consumption, M., expressed in kilowatt-hours per cycle.

4.4 Total per-cycle energy consumption. Calculate for the cycle type under test the total per-cycle energy consumption, E, expressed in kilowatt-hours per cycle, and defined as the sum of the per-cycle machine electrical energy consumption, M., plus the per-cycle water energy consumption of electrically-heated water, W., calculated for the cycle type, determined according to 4.3 and 4.1 respectively.

[42 FR 39968, Aug. 8, 1977. Redesignated and amended at 44 FR 37938, June 29, 1979] Subpt. B, App. D

APPENDIX D TO SUBPART B OF PART 430-UNIFORM TEST METHOD FOR MEASURING THE ENERGY CONSUMPTION OF CLOTHES DRYERS

1. DEFINITIONS

1.1 "AHAM" means the Association of Home Appliance Manufacturers.

1.2 "Bone-dry" means a condition of a load of test cloth which has been dried in a dryer at maximum temperature for a minimum of 10 minutes, removed and weighed before cool down, and then dried again for 10 minute periods until the final weight change of the load is 1 percent or less.

1.3 "Compact" means a clothes dryer with a drum capacity of less than 4.4 cubic feet.

1.4 "Cool down" means that portion of the clothes drying cycle when the added gas or electric heat is terminated and the clothes continue to tumble and dry within the drum.

1.5 "Cycle" means a sequence of operation of a clothes dryer which performs a clothes drying operation, and may include variations or combinations of the functions of heating, tumbling and drying.

1.6 "Drum capacity" means the volume of the drying drum in cubic feet.

1.7 "HLD-1" means the test standard promulgated by AHAM and titled "AHAM Performance Evaluation Procedure for Household Tumble Type Clothes Dryers", June 1974, and designated as HLD-1.

1.8 "HLD-2EC"means the test standard promulgated by AHAM and titled "Test Method for Measuring Energy Consumption of Household Tumble Туре Clothes Dryers," December, 1975, and designated as HLD-2EC.