a

ated on a fixed route and on a regular schedule, or on a shuttle basis, between a public transit station or stop and the employer's employment site. "Staggered work hours" means system of control over employee work time in which employee starting and quitting times stipulated by the employer are scheduled at step intervals so that work arrival and departure times of all or some employees on a single shift are spread over a period of at least one hour.

"Subscription bus" means a type of service in which employers or groups of employees contract with a public or private bus operator to provide daily commuter service for a group of preassembled subscribers on a prepaid or daily fare basis, following a relatively fixed route and schedule tailored to meet the needs of the subscribers.

"Third party vanpool program" means a vanpool that is not administered and operated by an employer or his employees, but is administered and operated by an outside organization, often a government agency, which makes vehicles and other equipment and services available for use by employers and their employees.

"Vanpool" means eight or more persons commuting on a daily basis to and from work by means of a vehicle with a seating arrangement designed to carry eight to fifteen adult passengers.

"Vanpool program" means a program undertaken by an employer alone or in cooperation with neighboring employers in which the employer provides vans to employees so that they may commute together on a regular basis. Under such a program, the employer(s) provide(s) administration and other services which will encourage the success of the vanpool program. The employer may or may not assume any of the operating costs of the program.

(c) Measure requirements. (1) The following employers are required to comply with the provisions of this program

(i) Employers at all employment sites where 100 or more persons are employed during the course of any 24hour period during a normal work week.

(ii) All educational institutions at the post-secondary school level, including but not limited to colleges, universities, and trade schools, with a total combined student-faculty-staff commuting population of 100 or more persons.

(iii) State, county, and municipal governments at all employment sites where 50 or more persons are employed.

(2) Employers having fewer employees at a location are encouraged to comply with this measure.

(3) Employers required to comply with this measure shall within 30 days of its effective date develop and submit to the appropriate State or Federal agency for each affected employment site, a program designed to reduce commuting travel by employees. Each such program shall contain strategies selected by the employer from the following categories and identify the means for implementing the strategies

(i) Large employers (300 or more employees at one or more sites) shall select a total of four strategies, either one strategy from Category I and three strategies from Category II or two from Category I and two from category II.

(ii) Mid-size employers (100 to 300 employees at one or more sites, 50 to 300 for government employers) shall select a total of three strategies, one from Category I and two from Category II.

(4) Employers will be credited for travel reduction actions which they have undertaken prior to implementation of the measure and which meet the requirements of the measure, (e.g., an employer who already operates a carpool program meeting the requirements of this measure will not be required to institute another carpool program).

(5) Means of implementing the strategies identified shall include

(i) Sources of needed capital improvement;

(ii) Public carpool program and transit services to be used;

(iii) Title of person responsible for supervising each plan increment; and

(iv) Type of internal communication media to be used to keep employees in

formed of the employer's program and to assist in the organization of carpools, vanpools, and other joint transportation modes.

(d) Category I strategies. (1) Initiate a carpool program for employees, either in-house or through participation in a regional carpool program;

(2) Provide a capability at the employment site for employee access to some form of prepaid transit system, preferably through payroll deduction;

(3) Sponsor an employee vanpool program involving at least one operating van (purchased or leased) per 200 employees or demonstrate an equivalent level of employee participation in a third-party vanpool program or employer-owned and operated vans; and

(4) Any other strategy provided in an approved State Plan.

(e) Category II strategies. (1) Adopt and enforce one parking management strategy from the following choices

(i) Reduction in employer-provided parking of 20 percent;

(ii) Preferential parking for high-occupancy vehicles in employer-provided parking lots (at least one-third of available spaces); or

(iii) Any other parking strategy approved by the Governor.

(2) For employers with at least 20 company-owned vehicles, prohibit the use of those vehicles for single-occupant commuting and adopt a policy of allowing these vehicles to be used as employee carpool vehicles;

(3) Provide one company-sponsored auxiliary transportation service (e.g., subscription bus or shuttle bus service) or participate in a consortium of two or more employers to provide such service;

(4) Any other strategy provided in an approved State Plan.

§ 477.45 Speed limit measure.

(a) Purpose. The purpose of this measure is to reduce the demand for motor fuel by strictly enforcing speed limits, futher reducing speed limits, or a combination thereof.

(b) Definition. For purposes of this section, the definitions contained in Subpart A of this part and the following shall apply

"Interstate highway" means any highway that is part of the National

System of Interstate and Defense Highways, established by the Federal Aid Highway Act of 1944 and further defined by the Federal Aid Highway Act of 1956 and the companion Highway Revenue Act of 1956.

"Highways" means all Interstate highways and State highways within a State.

"Speed limit" means the posted maximum speed on any road, street, or highway.

"State highway" means all those highways officially designated by the responsible State highway agency as being under the jurisdiction of the State for the purpose of operation, maintenance, and construction.

(c) Measure requirements. (1) Within 15 days after the measure is in effect in a State, the 55-mph speed limit on all highways shall be strictly enforced to achieve a minimum compliance rate of 70 percent.

(2) Either or both of the following measures may also be implemented depending on the magnitude of the energy shortage

(i) Current speed limits on all or a selected portion of roads, streets and/ or highways within a State shall be reduced up to 5 mph; and

(ii) Reduced speed limits established under (i) shall be strictly enforced to achieve a minimum compliance rate of 70 percent.

Subpart F-Middle Distillates Conservation Measures

§ 477.51 Public information measure.

(a) Purpose. The purpose of this public information measure is to conserve middle distillates such as home heating oil by providing for the widest practicable dissemination of conservation information on a regular and continuing basis to consumers of middle distillates, including information about low-cost conservation measures.

(b) Definitions. As used in this section, the definitions contained in subpart A of this part and the following shall apply

"Media" means "media" as defined in § 477.41 of this part.

(c) Measure requirements. (1) A State shall cause consumer-oriented

information related to conservation of middle distillates to be transmitted to the media for dissemination to the residents of the State, and further, a State shall by every other means reasonably available to it inform consumers of middle distillates within its jurisdiction of such conservation measures.

(2) The type of information transmitted to the media and otherwise relayed to the public shall include, but is not limited to the following

(i) All information as required in section 477.41 of this part, as such information relates to middle distillates;

(ii) Low cost-no cost energy conservation measures for residences, businesses and production facilities;

(iii) Opportunities available for financial assistance through Federal, State, local or private programs for building modification or retrofit to enhance energy efficiency of homes or buildings;

(iv) New or model construction codes, standards or guidelines which may promote energy conservation in new homes or buildings.

(3) This measure shall be implemented with any other middle distillate conservation measure in this subpart which is implemented in a State and may be implemented in conjunction with any public information measure applicable to any other energy source which is implemented under this part.

§ 477.52 Mandatory temperature restrictions measure.

(a) Purpose. The purpose of this measure is to conserve middle distillates such as heating oil by restricting thermostat settings for heating, cooling, and hot water in certain nonresidential buildings.

(b) For purposes of this section the definitions contained in Subpart A of this part and the following shall apply

"Senior citizens" means all individuals 65 years of age and older.

(c) Measure requirements. All terms, conditions and provisions of the Emergency Building Temperature Restrictions set forth in Subparts A through E of Part 490, 10 CFR Chapter II, are incorporated herein to the extent con

sistent with the Act and the provisions of this part, except that the provision of this section shall not be suspended or terminated except pursuant to the Act.

(d) Exceptions. In addition to the exceptions set forth in Subpart D of 10 CFR Part 490, the owner or operator of a nutritional, recreational or other facility designed for use by senior citizens may when heating the portions of such buildings used by senior citizens, only when these portion are used by senior citizens, maintain temperatures of no greater than 70° Fahrenheit. At all other times the building must fully comply with all requirements of this measure.

§ 490.5 Definitions. (a) "Capability for simultaneous heating and cooling” means an HVAC system that can supply heating to one part of the space-conditioning equipment while supplying cooling to another, including but not limited to dual-duct, reheat, recool, multizone fans, fan-coil units in combination with central air and induction units in combination with central air.

(b) "Cooling season" means those periods when the HVAC system in a covered building is operated such that no space heating is being used in that building.

(c) "Covered building" means every building or portion of a building, but excludes residential buildings, hotels or other lodging facilities, hospitals and health care facilities, elementary schools, nursery schools and day-care centers, and such other buildings and facilities as the Secretary may by rule determine: Provided, That to the extent that the non-sleeping facilities of a hotel, motel or other lodging facility have space-conditioning control devices separate from the sleeping facilities, the non-sleeping facilities are not excluded from the definition.

1 Presidential Proclamation 4667, National Emergency Supply Shortage (44 FR 40629. July 12, 1979) made Standby Conservation Plan No. 2, and this Part 490, effective July 16, 1979.

(d) "Dew point temperature" means the temperature at which condensation of water vapor begins as the temperature of the air-vapor mixture is reduced. When the dry-bulb temperature equals the dew point temperature, the relative humidity is 100 percent.

(e) "DOE" means the Department of Energy.

(f) "Domestic hot water" means hot water which is intended for use in covered buildings for personal hygiene or general cleaning.

(g) "Dry-bulb temperature" means the temperature of air as measured by a dry-bulb, or ordinary, thermometer which directly measures air temperature. Alternatively, adjustments may be made using generally accepted industry practices to include the effects of thermal radiation, and this adjusted temperature may be used in lieu of the ordinary thermometer temperature measurement.

(h) "Elementary school" means any school which has any grades kindergarten through sixth grade: Provided, That if the non-elementary grade portions of a school have space-conditioning control devices separate from the elementary portions, the non-elementary grade portions are not included within the definition of elementary school.

(i) "Fuel distributor" means any person who delivers oil or other fuel for use in a covered building.

(j) "Heating season" means those periods when the HVAC system in a covered building is operated such that no space cooling energy is used in that building.

(k) “Humidity" means a measure of the water-vapor content of air.

(1) “HVAC” means Heating, Ventilating and Air Conditioning.

(m) "HVAC System" means a system that provides either collectively or individually the processes of space heating, ventilating and/or air conditioning within or associated with a building.

(n) "Hospital and health care facility" means a building such as a general hospital, tuberculosis hospital or any other type of hospital, clinic, nursing or convalescent home, hospice or other facility duly authorized to pro

vide hospital or health care services under the laws of the jurisdiction in which the institution or facility is located.

(o) "Hotel or other lodging facility" means a building where sleeping and lodging accommodations are provided to the public, or to the members of a private membership organization or other private facility, in the ordinary course of business.

(p) "Occupied period" means that time of the day or night when the covered building or portion thereof is used for its ordinary function or functions, but not including such service functions as cleaning and mainte

nance.

(q) "Operator" means any person, whether lessee, sublessee or assignee, agent or other person, whether or not in physical possession of a covered building, who has control, either directly or indirectly through an agent, of heating, cooling or hot water equipment servicing the covered building.

(r) "Owner" means any person, whether or not in physical possession of a covered building, in whom is vested legal title, and who has control, either directly or indirectly through an agent, of heating, cooling or hot water equipment servicing the covered building.

(s) "Person" means any individual, corporation, company, association, firm, partnership, society, trust, joint venture, or joint stock company, the United States or any State or political subdivision thereof, the District of Columbia, Puerto Rico, any U.S. territory or possession, or any agency of the United States or any state or political subdivision thereof, or any other organization or institution.

(t) "Public utility” means a publicly or privately owned and operated utility which is engaged in the sale of electric power or natural gas to endusers.

(u) "Relative humidity" means the ratio of the amount of water vapor in the air at a specific temperature to the maximum water vapor capacity of the air at that temperature.

(v) "Residential building" means any building used for residential purposes but does not include any portion of such building used for commercial, in