(2) For purposes of the Act and this subpart, a petition is deemed to be filed on the date it is accepted for filing. (c) Docket. A petition accepted for filing will be assigned an appropriate docket designation. Petitioner shall use the docket designation in all subsequent submissions. (d) Specific information_requirements. The petition shall provide information sufficient to demonstrate to the satisfaction of the Administrator that (1) The petitioner is a person subject to the State regulation sought to be superseded (or is the duly authorized representative of that person); (2) Each product for which a rule to supersede is sought is a covered product under the Act; (3) There is no significant State or local interest sufficient to justify the State regulation; and (4) Such State regulation unduly burdens interstate commerce. (e) Informational guidelines. The following information is considered particularly relevant to the demonstration required by paragraph (d) of this section: (1) In demonstrating that the State regulation unduly burdens interstate commerce, an analysis of the effect of complying with the State regulation other associated costs; (vi) The relationship of the investment capital necessary to comply with the State regulations to the size of a typical manufacturer of the product to which the State regulation applies and an estimate of the number of manufacturers which cannot meet the investment requirements; and (vii) Retail price, sales volume, and employment. (2) In demonstrating that there is no significant State or local interest sufficient to justify the State regulation (i) An estimate of the number of appliances meeting the State regulation which would be purchased in the State over a period of 10 years; (ii) An estimate of the aggregate amount of energy saved by implementation of the State regulation over a period of 10 years; (iii) A comparison of the present value of the energy saved by appliances meeting the State regulation and the increase in the retail cost of such appliances; (iv) An estimate of the number of years of operation necessary to recoup the estimated increase in the cost of appliances; (v) An evaluation of the environmental, health, safety, and economic interests of the State in its regulations; and (vi) an explanation of why the State interest in the regulations is not sufficient to justify the burden imposed by the regulations on interstate commerce. (3) Any of the analysis of the effect of the State regulations shall include a discussion of the bases of the analysis. (4) Environmental report. Each petition shall contain a report containing petitioner's assessment of the environmental consequences both of denial of the petition and of publication of a rule superseding the State regulation. This environmental report shall be guided by the requirements of § 208.7 of DOE's Regulations, as applicable, 10 CFR 208.7. § 430.44 Disposition of petitions. (a) Initial public comment period. (1) The DOE will publish a notice in the FEDERAL REGISTER of the submission and acceptance for filing of a petition. The notice will include a summary of the State regulation at issue and the petitioner's objection to the regulation. The notice will provide instructions on how copies of the petition may be obtained and will invite public comments by all interested persons. (2) A reasonable time after the close of the initial public comment period, the DOE will either deny the petition or propose a rule to supersede the State regulation. If, on the basis of the petition, and in light of all information submitted as comments to the petition, the Administrator determines that petitioner is likely to prevail on the merits of the petition, a proposed rule to supersede the State regulations will be issued. Otherwise, the petition will be denied. Written notice of the decision and the reasons therefore will be served on the petitioner, the affected State agency, department, or instrumentality, and all persons who submitted comments, and will be published in the FEDERAL REGISTER. (b) Reconsideration of the denial of a petition. (1) If the petition is denied any interested person may, within twenty (20) days from the date of issuance of the decision, submit an application for reconsideration to the Assistant Administrator, Office of Conservation. An application is deemed accepted when received by the DOE. The applicant shall serve a copy of the application on all persons who submitted comments on the petition. The DOE will publish a notice of submission of an application in the FEDERAL REGISTER. The applicant shall clearly and concisely state the basis for the application and the relief sought. (2) The denial of a petition will be reconsidered only where it is alleged and demonstrated that the denial was based on an error in law or fact and that the evidence of the error is in the record of the proceedings on the petition. Argument that new information is available which would reverse the denial of the petition may be considered if the petition is resubmitted but will not support reconsideration of the denied petition. (3) The DOE will either deny the application for reconsideration or propose a rule to supersede the State regulation. Written notice of the decision and the reasons therefore will be served on the applicant, the affected State agency, the petitioner (if petitioner is not the applicant), and all persons who submitted comments in the initial public comment period, and will be published in the FEDERAL REGISTER. (4) The denial of an application for reconsideration is a final decision and action for all purposes under section 327(b)(1), including judicial review. There is no other administrative appeal or review under this subpart. (c) Proposed rulemaking. (1) The FEDERAL REGISTER notice of a proposed rulemaking for prescription of a rule to supersede a State regulation will invite written comments on the proposed rule from all interested persons, and will provide for a public hearing. This rulemaking will be conducted pursuant to 5 U.S.C. 553 and section 7(i) of the Federal Energy Administration Act of 1974, 15 U.S.C. 767(i). (2) A reasonable time after the close of the public hearing held pursuant to a notice of proposed rulemaking but no later than six months after acceptance for filing, the DOE will either deny the petition and withdraw the proposed rule, or prescribe a final rule which supersedes the State regulation in whole or in part. Written notice of the decision and the reasons therefore will be published in the FEDERAL REGISTER and served on the petitioner, the affected State agency, and all persons who submitted comments in the proposed rulemaking proceeding. The decision is a final decision and action for all purposes under section 327(b)(1) of the Act, including judicial review. There is no administrative appeal or application for consideration. (d) Consolidation. Whenever two or more petitions are filed with respect to the same State regulation, the DOE may consolidate two or more proceedings under this subpart for the purpose of resolving one or more issues whenever it appears that such consolidation will expedite or simplify consideration of such issues. Consolidation shall not affect the running of any time period with respect to any petition. (e) Finality of decision. A decision to prescribe a rule superseding a State regulation is final on the day the rule is issued, that is, signed at the DOE. A decision to deny a petition is final following the initial public comment period (§ 430.44(a)) on the day a denial of an application for reconsideration is issued, that is, signed at the DOE, and is final following a proposed rulemaking proceeding (§ 40.44(b)) on the day the denial is issued, that is, signed at the DOE. [42 FR 54266, Oct. 5, 1977; 45 FR 13436, Feb. 29, 1980] APPENDIX A TO SUBPART A OF PART 436Table A-1. Single Present Worth Factors, Based on a 10 percent Discount rate, for finding the present value of future nonfuel, non-recurring costs Table A-2. Uniform Present Worth Factors, Based on a 10 percent discount rate, for finding the present value of future non-fuel, recurring costs APPENDIX B TO SUBPART A OF PART 436- Table C-7-Energy Price Escalation Rates Subpart F-Guidelines for General Operations Plans 436.100 Purpose and scope. 436.101 Definitions. 436.102 General operations plan format and content. 436.103 Program goal setting. 436.104 Energy conservation measures and standards. 436.105 Emergency conservation plan. 436.106 Reporting requirements. 436.107 436.108 Review of plan. Waivers. 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. § 436.2 General objectives. The objectives of Federal energy management and planning programs are (a) To promote the design, construction, and operation of buildings to conserve and make more efficient use of fuels and energy; and for (b) To shift from use of nonrenewable to renewable energy sources; (c) To stimulate industries create new job opportunities supply and servicing new or improved energy-conserving and energy-supplying systems and equipment; (d) To promote consideration of the cost of energy consumed over the useful life of a building in addition to initial costs of construction or renovation; and (e) To place the Federal Government, the largest energy consumer in the United States, in the forefront in implementing energy conservation measures and in promoting use of solar and other renewable energy resources. Subpart A-Methodology and Procedures for Life Cycle Cost Analyses AUTHORITY: Energy Policy and Conservation Act, as amended, (42 U.S.C. 6361); Executive Order 11912, as amended, 42 FR 37523 (July 20, 1977); National Energy Conservation Policy Act, Title V, Part 3, 92 Stat. 3275; Department of Energy Organization Act, (42 U.S.C. 7254). SOURCE: 45 FR 5624, Jan. 23 1980, unless otherwise noted. § 436.10 Purpose. This subpart establishes a methodology for estimating and comparing the life cycle costs of Federal buildings and for determining life cycle cost-effectiveness. The methodology evaluates the economic consequences of investments in alternatives building systems for existing Federal buildings and alternative building designs for new Federal buildings under Subpart C of this part, and in solar hot water, solar heating or solar heating and cooling projects, and photovoltaic utilization projects, for Federal buildings under Subparts D and E of this part. § 436.11 Definitions. 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. "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; (g) Furnace or utility plant and distribution system modifications including (1) Replacement burners, furnaces, boilers, or any combination thereof, which substantially increases the energy efficiency of the heating system; (2) Devices for modifying flue openings which will increase the energy efficiency of the heating system; (3) Electrical or mechanical furnace ignition systems which replace standing gas pilot lights; and (4) Utility plant system conversion measures including conversion of existing oil and gas-fired boiler installations to alternative energy sources, including coal; (h) Caulking and weatherstripping; (i) Replacement or modification of lighting fixtures which increases the energy efficiency of the lighting system; (j) Energy recovery systems; and (k) Cogeneration systems which produce steam or forms of energy such as heat, as well as electricity for use primarily within a building or a complex of buildings. "Existing Federal building" means a Federal building the construction of which was complete by November 9, 1978, or the design of which cannot feasibly be modified after the effective date of Subpart C of this part. "Facility" means any group of closely located buildings, none of which is individually metered for all energy sources and for which the actual rate of use of all energy sources can be determined. "Federal agency" means an Executive agency under 5 U.S.C. 105 (1970), the United States Postal Service, and each entity specified in 5 U.S.C. 5721(1) (B)-(H) (1970). "Federal building" means any building, structure or facility which is contructed, renovated, leased or purchased in whole or in part for use by the United States, and which includes a heating system, or cooling system, or both. "Investment costs" means the initial costs of design, engineering, purchase, and installation exclusive of sunk costs. "Life Cycle Cost" means the total cost of owning, operating and maintaining a building over its useful life, including its fuel and energy costs, determined on the basis of a systematic evaluation and comparison of alternative building systems; except that in the case of leased buildings, the life cycle cost shall be calculated over the effective remaining term of the lease. "Liquid gas" means propane, butane, ethane, pentane, or natural gasoline. a "New Federal building" means Federal building for which construction was not completed prior to November 9, 1978, and the design of which can be feasibly modified after the effective date of Subpart C of this part. "Non-recurring costs" means costs that are not uniformly incurred annually over the study period. "Non-fuel operation and maintenance costs" means material and labor costs for routine upkeep, repair and operation exclusive of energy cost. "Recurring costs" means costs that are incurred uniformly and annually over the study period. |