(a) All forms submitted to an identifed corporation under § 445.21 and all other data used by that corporation in preparing reports under § 445.22, must be retained by the corporation for at least five years from the filing date and must be made available to DOE promptly upon request for verification.

(b) All reports submitted by an exempt corporation to a sponsor under § 445.22(c)(2) must be retained by the exempt corporations for at least five years from the filing date. Upon request for verification the reports must be made promptly available to DOE by the corporation at its headquarters.

(c) All data, other than reports described in paragraph (b) of this section, used by a sponsor in preparing reports submitted to DOE under § 445.23 must be retained by the sponsor for at least five years from the filing date and must be made available to DOE promptly upon request for verification.

Subpart D-Exemption Criteria and Procedures

§ 445.31 Scope.

This subpart contains the criteria and procedures for the exemption of identified corporations from the requirement of filing corporate reporting forms directly with DOE. These exemptions are effective for one year and renewable annually.

§ 445.32 Criteria for the exemption of corporations.

In order for an identified corporation to be exempt from filing the corporate report required by § 445.22 directly with DOE, pursuant to § 445.37, the corporation must

(a) File a timely and complete request to be an exempt corporation pursuant to § 445.34;

(b) Participate in an adequate reporting program; and

(c) If it was previously determined to be an exempt corporation, have met the requirements of § 445.22(a), (b) and (c)(2) for the period it has been exempt.

§ 445.33 Criteria for adequate reporting

programs.

In order for a reporting program of a sponsor to be determined an adequate reporting program for a major energy-consuming industry, pursuant to § 445.37, the sponsor must

(a) File a timely and complete request to be a sponsor with an adequate reporting program, pursuant to § 445.35;

(b) If its program previously was determined to be adequate, have met the requirements of § 445.23 and have provided each identified corporation which participated in the reporting program with (1) specific written guidance for preparing and submitting the corporate report under § 445.22(c)(2) to the sponsor, and (2) a copy of the report which the sponsor filed with DOE under § 445.23.

§ 445.34 Request to be an exempt corporation.

(a) An identified corporation may seek an exemption by submitting a request to DOE describing its participation in an adequate reporting program.

(b) This request must include the following information:

(1) The name and address of the identified corporation,

(2) The name and telephone number of the person responsible for preparing the report required by § 445.22 on behalf of the corporation,

(3) The name, address, and telephone number of the sponsor in whose reporting program the corporation has arranged to participate, together with the enumeration of all major energyconsuming industries for which the corporation will submit reports to the sponsor;

(4) A statement that it will meet the requirements of § 445.22(a), (b) and (c)(2) and § 445.26 (a) and (b);

(5) A statement of how the corporation will report to the sponsor, either

(i) On the DOE corporate reporting form, or

(ii) On some other reporting form, designated by the corporation; and

(6) A certification by the chief executive officer (or other individual designated by such officer) of the corporation as follows:

"I certify that all information provided in this request is true and accurate to the best of my knowledge."

(c)

Notwithstanding the requirements of paragraph (a) of this section, any corporation which was exempt under § 445.37 for a calendar year and for which all information required by paragraph (b) of this section is unchanged, need not refile a request for the next year.

§ 445.35 Request to be a sponsor with adequate reporting programs.

(a) A sponsor may seek to have its reporting program determined to be adequate by submitting a request to DOE describing its reporting program. (b) This request must include the following information:

(1) The name and address of the sponsor;

(2) The name and telephone number of the person responsible for preparing the report required by § 445.23 on behalf of the sponsor;

(3) A listing of each major energyconsuming industry covered by its reporting programs;

(4) A statement that the sponsor will meet the requirements of §§ 445.23 and 445.26(c);

(5) A statement of how the sponsor will submit the reports required by § 445.23 to DOE; either—

(i) On the DOE sponsor reporting form; or

(ii) On some other reporting form, designated by the sponsor;

(6) If the sponsor designates some other form, a copy of the form, together with an index referencing each and every item on the DOE form to the corresponding identical item on the form submitted;

(7) A statement that the sponsor will provide each identified corporation

which participates in the reporting program with

(i) Specific written guidance for preparing and submitting the corporate report under § 445.22(c)(2) to the sponsor; and

(ii) A copy of the report which the sponsor files with DOE under § 445.23; and

(8) A certification signed by the chief executive officer (or other individual designated by such officer) as follows:

I certify that all information provided in this request is true and accurate to the best of my knowledge.

(c) Notwithstanding the requirements of paragraph (a) of this section, a sponsor which was determined to have an adequate reporting program for a calendar year and for which all information required by paragraph (b) of this section are unchanged, need not refile a request for the next year, if its chief executive officer (or other individual designated by such officer) submits a certification that all items in the request filed the previous year are still true and accurate to the best of his knowledge.

§ 445.36 Filing deadline and address.

The requests made pursuant to § 445.34 and § 445.35 must be received by DOE by February 28 of each year and must be sent to the following address: Office of Industrial Programs, U.S. Department of Energy, Room 2H085, 1000 Independence Avenue, S.W., Washington, D.C. 10585. DOE may change the deadline and address for submission of such requests by publishing a notice of such change in the FEDERAL REGISTER.

§ 445.37 Determination of exempt corporations and adequate reporting pro

grams.

(a) Annually, in accordance with the criteria set forth in § 445.32 and § 445.33, DOE will exempt corporations and determine the adequacy of the reporting programs in which they participate, pursuant to the procedures set forth in paragraph (b) of this section.

(b) DOE will publish in the FEDERAL REGISTER for public comment its pro

posal to exempt corporations and to determine as adequate the reporting programs in which they participate. After considering comments from interested persons, DOE will exempt corporations and determine the adequacy of the reporting programs in which they participate by publishing a list of corporations and sponsors of programs in the FEDERAL REGISTER.

§ 445.38 Failure to report.

(a) If a sponsor of an adequate reporting program fails to submit the report required by § 445.23 by the deadline established in § 445.25, DOE may, by notice to the sponsor and to the identified corporations which participate in its program, revoke its determination that the sponsor has an adequate reporting program. Within 30 days after the notice is mailed, each such corporation must submit a corporate report directly to DOE as provided in § 445.22(c)(1).

(b) If a sponsor determines that an exempt corporation has failed to file a timely corporate report as required by § 445.22(c)(2), it should submit a report as required by § 445.23 only on those corporations which filed the corporate report with the sponsor. If an exempt corporation does not file the report required by § 445.22 with a sponsor, it must file the report required by § 445.22 directly with DOE.

Subpart E-Voluntary Energy Efficiency Improvement Targets and Voluntary Recovered Materials Utilization Targets

§ 445.41 Purpose and scope.

(a) This subpart contains the energy efficiency improvement targets and the recovered materials utilization targets established by DOE pursuant to section 374 and 374A of the Act.

(b) No liability shall attach to, and no civil or criminal penalties shall be imposed on, any corporation for any failure to meet any energy efficiency

improvement target or any recovered materials utilization target contained in this subpart.

§ 445.42 Energy efficiency improvement targets.

(a) Each energy efficiency improvement target is a percentage figure which represents, for a major energyconsuming industry, the percentage reduction in energy consumption per unit of production which DOE has determined that such industry can achieve between calendar year 1972 and January 1, 1980, as established in 42 FR 29642, June 9, 1977, “Final Industrial Energy Efficiency Improvement Targets." Each target is set at a level which represents the maximum feasible improvement in energy efficiency that each industry can achieve.

(b) The energy efficiency improvement targets are set forth in Table I.

§ 445.44 Recovered materials utilization targets.

(a) Recovered materials utilization targets are established for each of the following industries-textile mill products, paper and allied products, metals and metal products, and rubber.

(b) Each recovered materials utilization target is a percentage figure which represents, for each industry subdivision listed in paragraph (c) of this section, the amount of recovered materials from prompt industrial and obsolete scrap which DOE has determined can be used per unit of production by calendar year 1987. Each target is set at a level which represents the maximum feasible increase in the utilization of recovered materials which the industry can achieve progressively by January 1, 1987.

(c) The recovered materials utilization targets are set forth in Tables II, III, IV, and V.

TABLE II-TEXTILE MILL PRODUCTS

Recovered

Recovered materials materials utilization in reference year 1978

Industry subdivision

35

50

60

93

17

22

§ 445.45

Modification of recovered materials utilization targets.

Any recovered materials utilization target in § 445.44 may be modified if DOE

(a) Determines that such target cannot reasonably be attained, or that the target should require greater use of recovered materials, and

(b) Publishes such determination in the FEDERAL REGISTER together with a basis and justification for the modification, after providing an opportunity for public comment on the proposed modification.

450.42 Contents of a preliminary energy audit.

450.43 Contents of an energy audit.

450.44 Auditor qualifications.

450.45 Audit reports.

450.46 Cost of energy audits.

APPENDIX A TO PART 450-ENERGY PRICE PROJECTIONS

APPENDIX B TO PART 450-DISCOUNT FACTORS APPENDIX C TO PART 450-FACTORS TO ADJUST FUTURE PRINCIPAL AND INTEREST PAYMENTS TO BASE YEAR EQUIVALENT VALUES AUTHORITY: Part C of Title III, Energy Policy and Conservation Act, (42 U.S.C. 6321 et seq.), as amended by Part B of Title IV, Energy Conservation and Production Act, and Parts G and H of Title III, Energy

Policy and Conservation Act, as added by Title III of the National Energy Conservation Policy Act, 92 Stat. 3206 et seq.; Department of Energy Organization Act, (42 U.S.C. 7101 et seq.)

SOURCE: 42 FR 33162, June 29, 1977, unless otherwise noted.

EDITORIAL NOTE: Regulations in this part are affected by a document published at 44 FR 37938, June 29, 1979. See the redesignation table appearing in the Finding Aids section of this volume.

Subpart A-General Provisions

§ 450.1 Purpose and scope.

(a) This part designates energy measures and the types of, and requirements for, energy audits as required by the Department of Energy, pursuant to Section 432(d) of the Energy Conservation and Production Act, Pub. L. 94-385, 90 Stat. 1125 et seq., which adds Section 365(e) (1) and (2), 42 U.S.C. 6325(e) (1) and (2), to the Energy Policy and Conservation Act, 42 U.S.C. 6201 et seq.

(b) This part also contains the projections of future energy prices which shall be used in calculating the changes in energy costs which will result from installation of a particular modification in a building or industrial plant, and includes the criteria for determining whether the installation of a particular modication meets certain requirements of the Act for designation as an energy measure.

(c) This part also provides the requirements for the conduct of preliminary energy audits and energy audits in accordance with Section 393 and Section 400 C of the Energy Policy and Conservation Act, Pub. L. 94-163, 42 U.S.C. 6321, as amended by Title III of the National Energy Conservation Policy Act, Pub. L. 95-619, 92 Stat. 3206 et seq.

[42 FR 37800, July 25, 1977, as amended at 44 FR 19350, Apr. 2, 1979]

§ 450.2 Uses of energy audit procedures. The requirements of this part shall be used

(a) To establish minimum requirements for the type of energy audit to be carried out under a supplemental plan;