energy efficiency, that meet applicable safety, environmental, and policy requirements at the lowest cost; (6) Programs to promote energy efficiency in residential housing, such as: (i) Programs for development and promotion of energy efficiency rating systems for newly constructed housing and existing housing so that consumers can compare the energy efficiency of different housing; and (ii) Programs for the adoption of incentives for builders, utilities, and mortgage lenders to build, service, or finance energy efficient housing; (7) Programs to identify unfair or deceptive acts or practices which relate to the implementation of energy efficiency measures and renewable resource energy measures and to educate consumers concerning such acts or practices; (8) Programs to modify patterns of energy consumption so as to reduce peak demands for energy and improve the efficiency of energy supply systems, including electricity supply systems; (9) Programs to promote energy efficiency as an integral component of economic development planning conducted by State, local, or other governmental entities or by energy utilities; and (10) In accordance with paragraph (b) of this section, programs to implement the Energy Technology Commercialization Services Program. (b) This section prescribes requirements for establishing State-level Energy Technology Commercialization Services Programs as an optional element of State plans. (1) The programs to implement the functions of the Energy Technology Commercialization Services Program shall: (1) Aid small and start-up businesses in discovering useful and practical information relating to manufacturing and commercial production techniques and costs associated with new energy technologies; (ii) Encourage the application of such information in order to solve energy technology product development and manufacturing problems; (iii) Establish an Energy Technology Commercialization Services Program affiliated with an existing entity in each State; (iv) Coordinate engineers and manufacturers to aid small and start-up businesses in solving specific technical problems and improving the cost effectiveness of methods for manufacturing new energy technologies; (v) Assist small and start-up businesses in preparing the technical portions of proposals seeking financial assistance for new energy technology commercialization; and (vi) Facilitate contract research between university faculty and students and small start-up businesses, in order to improve energy technology product development and independent quality control testing. (2) Each State Energy Technology Commercialization Services Program shall develop and maintain a data base of engineering and scientific experts in energy technologies and product commercialization interested in participating in the service. Such data base shall, at a minimum, include faculty of institutions of higher education, retired manufacturing experts, and National Laboratory personnel. (3) The services provided by the Energy Technology Commercialization Services Program established under this part shall be available to any small or start-up business. Such service programs shall charge fees which are affordable to a party eligible for assistance, which shall be determined by examining factors, including the following: the costs of the services received; the need of the recipient for the services; and the ability of the recipient to pay for the services. [57 FR 52945, Nov. 5, 1992] § 420.8 Extensions for compliance with required program measures. An extension of time by which a required program measure must be ready for implementation may be granted if DOE determines that the extension is justified. A written request for an extension, with accompanying justification and an action plan acceptable to DOE for achieving compliance in the shortest reasonable time, shall be made to the appropriate Support Office Director. Any extension shall be only for the shortest reasonable time that DOE determines necessary to achieve compliance. The action plan shall contain a schedule for full compliance and shall identify and make the most reasonable commitment possible to provision of the resources necessary for achieving the scheduled compliance. [48 FR 39360, Aug. 30, 1983, as amended at 57 FR 52945, Nov. 5, 1992] $420.9 Administrative review. (a) An applicant shall have 20 days from the date of receipt of a decision under §420.5 to file a notice requesting administrative review in accordance with paragraph (b) of this section. If an applicant does not timely file such a notice, the decision under §420.5 shall become final for DOE. (b) A notice requesting administrative review shall be filed with the Support Office Director and shall be accompanied by a written statement containing supporting arguments. If the Support Office Director has disapproved an entire application for financial assistance, the State may request a public hearing. (c) A notice or any other document shall be deemed filed under this section upon receipt. (d) on or before 15 days from receipt of a notice requesting administrative review which is timely filed, the Support Office Director shall forward to the Deputy Assistant Secretary, the notice requesting administrative review, the decision under $420.5 as to which administrative review is sought, a draft recommended final decision for concurrence, and any other relevant material. (e) If the State requests a public hearing on the disapproval of an entire application for financial assistance, the Deputy Assistant Secretary, within 15 days, shall give actual notice to the State and FEDERAL REGISTER notice of the date, place, time, and procedures which shall apply to the public hearing. Any public hearing under this section shall be informal and legislative in nature. (f) on or before 45 days from receipt of documents under paragraph (d) of this section or the conclusion of the public hearing, whichever is later, the Deputy Assistant Secretary shall concur in, concur in as modified, or issue a substitute for the recommended decision of the Support Office Director. (9) On or before 15 days from the date of receipt of the determination under paragraph (f) of this section, the Governor may file an application for discretionary review by the Assistant Secretary. On or before 15 days from filing, the Assistant Secretary shall send a notice to the Governor stating whether the Deputy Assistant Secretary's determination will be reviewed. If the Assistant Secretary grants a review, a decision shall be issued no later than 60 days from the date review is granted. The Assistant Secretary may not issue a notice or decision under this paragraph without the concurrence of the DOE Office of General Counsel. (h) A decision under paragraph (f) of this section shall be final for DOE if there is no review under paragraph (g) of this section. If there is review under paragraph (g) of this section, the decision thereunder shall be final for DOE and no appeal shall lie elsewhere in DOE. (1) Prior to the effective date of the termination or suspension of a grant award for failure to implement an approved State plan in compliance with the requirements of this part, a grantee shall have the right to written notice of the basis for the enforcement action and of the opportrunity for public hearing before the DOE Financial Assistance Appeals Board notwithstanding any provisions to the contrary of 10 CFR 600.26, 600.28(b), 600.29, 600.121(c), and 600.443. To obtain a public hearing, the grantee must request an evidentiary hearing, with prior Federal Register notice, in the election letter submitted under Rule 2 of 10 CFR 1024.4 and the request shall be granted notwithstanding any provisions to the contrary of Rule 2. [55 FR 41325, Oct. 10, 1990, as amended at 57 FR 52945, Nov. 5, 1992] $420.10 Technical assistance. At the request of the Governor of any State to DOE and subject to the availability of personnel and funds, DOE will provide information and technical assistance to the State in connection with effectuating the purposes of this part. $420.11 Reports. Each State receiving financial assistance under this part shall submit to the Support Office Director: (a) A quarterly program performance report and a quarterly financial status report. The reports shall contain such information as the Secretary may prescribe in order to monitor effectively the implementation of a plan. The reports shall be submitted within 30 days following the end of each calendar year quarter. (b) An annual energy savings report. The report shall contain such information concerning energy savings as the Secretary may prescribe and shall be submitted once a year at a time determined by the Secretary. (Approved by the Office of Management and Budget under control numbers 1904-0026 and 1901-0127) [48 FR 39360, Aug. 30, 1983, as amended at 57 FR 52945, 52946, Nov. 5, 1992] $420.12 Prohibited expenditures. (a) No financial assistance provided to a State under this part shall be used: (1) For construction, such as construction of mass transit systems and exclusive bus lanes, or for construction or repair of buildings or structures; (2) To purchase land, a building or structure or any interest therein; (3) To subsidize fares for public transportation; (4) To subsidize utility rate demonstrations or State tax credits for energy conservation or load management; (5) To conduct, or purchase equipment to conduct, research, development or demonstration of conservation techniques and technologies not commercially available. (b) No more than 20 percent of the financial assistance awarded to the State for this program shall be used to purchase office supplies, library materials, or other equipment whose purchase is not otherwise prohibited by this section. Nothing in this paragraph shall be read to apply this 20 percent limitation to petroleum violation to escrow funds used under this part. (c) Demonstrations of commercially available conservation techniques and technologies are permitted, and are not subject to the prohibitions of §420.12(a)(1), or to the limitation on equipment purchases of § 420.12(b). (d) A State may use regular or revolving loan mechanisms to fund SECP services which are consistent with this part and which are included in the State's approved SECP plan. The State may use loan repayments and any interest on the loan funds only for activities which are consistent with this part and which are included in the State's approved SECP plan. (e) A State may use funds under this part to promote the purchase and installation of equipment and materials for energy conservation building retrofits or weatherization, subject to the following terms and conditions: (1) Such use must be included in the State's approved plan and, if funded by petroleum violation escrow funds, must be consistent with any judicial or administrative terms and conditions imposed upon State use of such funds; (2) A State may use for these purposes no more than 33 percent of all funds allocated by the State to SECP in a given year, regardless of source, except that this limitation shall not include regular and revolving loan programs funded with petroleum violation escrow funds. Loan documents shall ensure repayment of principal and interest within a reasonable period of time, and shall not include provisions of loan forgiveness. (3) Subject to the restrictions of this part, State and local government buildings, as defined in §420.2, are eligible for energy conservation building retrofits and weatherization under this section; (4) Funds must be used to supplement and no funds may be used to supplant energy conservation building retrofits or weatherization activities under the Weatherization Assistance Program for Low-Income Persons, 42 U.S.C. 6861 et seq., or the Institutional Conservation Program, 42 U.S.C. 6731 et seq., nor to fund operation and maintenance activities in any building which is eligible for assistance under the Institutional Conservation Program; (5) Subject to paragraph (e)(6) of this section, a State may use a variety of financial incentives to fund purchases and installation of materials and equipment under this paragraph in cluding, but not limited to, regular loans, revolving loans, loan buy-downs, performance contracting, rebates, and grants. (6) The following mechanisms are not allowed for funding the purchase and installation of materials and equipment under this paragraph: (1) Direct purchases of goods and services by a State or contractors or others working for the State; (ii) Rebates for more than 50 percent of the total cost of purchasing and installing materials and equipment (States shall set appropriate restrictions and limits to insure most efflcient use of rebates); (iii) Loan guarantees; and (iv) Any otherwise allowable funding mechanism if the contract for the purchase and installation of materials and equipment was entered into before December 27, 1988; and (7) A State may use loan repayments, including any interest (or fees), only for activities which are included in the State's approved SECP plan. [48 FR 39360, Aug. 30, 1983, as amended at 53 FR 52395, Dec. 27, 1988; 57 FR 52946, Nov. 5, 1992] $420.13 Administration of financial assistance. Grants provided under this part shall comply with applicable law including, but without limitation, the requirements of: (a) 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 Intergovernmental Coordination Act of 1968;" (b) DOE Financial Assistance Rules (10 CFR Part 600); and (c) Other procedures which DOE may from time to time prescribe for the administration of financial assistance under this part. PART 430-ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS Subpart A-General Provisions 430.22 Test procedures for measures of energy consumption. 430.23 Units to be tested. 430.27 Petitions for waiver and applications for interim waiver. APPENDIX A TO SUBPART B OF PART 430-UNIFORM TEST METHOD FOR MEASURING THE ENERGY CONSUMPTION OF ELECTRIC REFRIGERATORS AND ELECTRIC REFRIGERATOR-FREEZERS APPENDIX A1 (ALTERNATIVE) TO SUBPART B OF PART 430-UNIFORM TEST METHOD FOR MEASURING THE ENERGY CONSUMPTION OF ELECTRIC REFRIGERATORS AND ELECTRIC REFRIGERATOR-FREEZERS APPENDIX B TO SUBPART B OF PART 430-UNI- PART 430-UNIFORM TEST METHOD FOR APPENDIX C TO SUBPART B OF PART 430-UNI- FORM TEST METHOD FOR MEASURING THE FORM TEST METHOD FOR MEASURING THE APPENDIX G TO SUBPART B OF PART 430-UNI- APPENDIX I TO SUBPART B OF PART 430-UNI- APPENDIX K TO SUBPART B OF PART 430[RESERVED] APPENDIX L TO SUBPART B OF PART 430[RESERVED] APPENDIX M TO SUBPART B OF PART 430-UNIFORM TEST METHOD FOR MEASURING THE APPENDIX A TO SUBPART F OF PART 430-COMPLIANCE STATEMENT. APPENDIX B TO SUBPART F OF PART 430-SAMPLING PLAN FOR ENFORCEMENT TESTING. AUTHORITY: 42 U.S.C. 6291-6309. SOURCE: 42 FR 27898, June 1, 1977, unless otherwise noted. Subpart A-General Provisions $430.1 Purpose and scope. This part establishes the regulations for the implementation of part B of title III (42 U.S.C. 6291-6309) of the Energy Policy and Conservation Act (Pub. L. 94-163), as amended by Pub. L. 94385, Pub. L. 100-12, and Pub. L. 100-357, which establishes an energy conservation program for consumer products other than automobiles. [54 FR 6074, Feb. 7, 1989] §430.2 Definitions. For purposes of this part, words shall be defined as provided for in section 321 of the Act and as follows Act means the Energy Policy and Conservation Act (Pub. L. 94-163), as amended by the National Energy Policy Conservation Act (Pub. L. 95-619), the National Appliance Energy Conservation Act of 1987 (Pub. L. 100-12), and the National Appliance Energy Conservation Amendments of 1988 (Pub. L. 100-357). Annual fuel utilization efficiency means the efficiency descriptor for furnaces and boilers, determined using test procedures prescribed under section 323 and based on the assumption that all (a) Weatherized warm air furnaces or boilers are located out-of-doors; (b) Warm air furnaces which are not weatherized are located indoors and all combustion and ventilation air is admitted through grill or ducts from the outdoors and does not communicate with air in the conditioned space; (c) Boilers which are not weatherized are located within the heated space. Automatic clothes washer means class of clothes washer which has a control system which is capable of scheduling a preselected combination of operations, such as regulation of water temperature, regulation of the water fill level, and performance of wash, rinse, drain, and spin functions |