(5) A description of the significant State or local interest justifying such State regulation;

(6) Any other information that the petitioner considers relevant or that the Secretary may require.

(c) A notice of petition submitted under § 430.41(b)(2) from a State shall include the information contained in § 430.44(b) (1), (2) and (3).

(d) All petitions and comments by interested persons shall be made available for public review, except for information determined to be confidential pursuant to § 430.42(d).

§ 430.45 Consolidation of proceedings.

DOE may consolidate any or all matters at issue in two or more proceedings docketed where there exist common questions of fact and law, and where such consolidation would expedite or simplify consideration of the issues. Consolidation shall not affect the right of any party to raise issues that could have been raised if consolidation had not occurred.

§ 430.46 Hearings and comments of interested persons.

(a) The Secretary shall hold a public hearing to afford interested persons a reasonable opportunity to present oral data, views, and arguments with respect to the proposed rule, and publish notice in the FEDERAL REGISTER of the date and location of the hearing. A transcript shall be kept of the hearing. (b) The Secretary shall accept written comments from interested persons with respect to the proposed rule.

§ 430.47 Evaluation of petition.

(a) In evaluating a petition submitted pursuant to section 327(b)(1) of the Act, the Secretary shall issue a requested rule only if the Secretary determines:

(1) There is no significant State or local interest sufficient to justify such regulation; or

(2) Such State or local regulation unduly burdens interstate commerce.

(b) In evaluating a petition submitted pursuant to section 327(b)(3) of the Act, the Secretary shall issue the requested rule only if the Secretary determines:

(1) There is a significant State or local interest to justify such regulation; and

(2) Such State or local regulation contains a more stringent energy efficiency standard than such Federal standard;

except that the Secretary may not prescribe such rule if he finds that such State or local regulation would unduly burden interstate commerce.

§ 430.48 Disposition of petition.

(a) The Secretary shall prescribe a final rule or deny the petition within 6 months after the date the petition is filed, except that the Secretary may publish a notice in the FEDERAL REGISTER extending such period to a date certain. Such notice shall include the reasons for the delay.

(b) The final rule issued by the Secretary or a determination to deny the petition by the Secretary shall include a written statement setting forth the factual and legal basis for the decision. A copy of the Secretary's decision shall be sent to either (1) the petitioner and the affected State or local agency if the petition is for a rule to supersede a State regulation, or (2) the petitioner and all persons subject to the State regulation who have submitted comments if the petition is for a rule not to supersede a State regulation. The Secretary shall publish in the FEDERAL REGISTER a notice of the final rule or a notice of the denial of the petition and the factual and legal basis for the decision.

§ 430.49 Judicial review.

The decision issued by the Secretary concerning a petition filed under this subpart shall be a final determination of the DOE of which any adversely affected person may seek judicial review.

435.303 Requirements for the design of a Federal residential building. 435.304 The COSTSAFR Program.

AUTHORITY: Energy Conservation Standards for New Buildings Act of 1976, as amended, [42 U.S.C. 6831-6870], enacted as Title III of the Energy Conservation and Production Act; Section 545 [42 U.S.C. 8255] of the National Energy Conservation Policy Act, [42 U.S.C. 8201 et seq. ]; the Department of Energy Organization Act [42 U.S.C. 7101 et seq.).

SOURCE: 53 FR 32545, Aug. 25, 1988, unless otherwise noted.

EFFECTIVE DATE NOTE: At 53 FR 32545, Aug. 25, 1988, Part 435 was added, effective February 21, 1989. For the convenience of the user of this volume, Part 435 which becomes effective February 21, 1989, is set forth below.

Subpart A-Voluntary Performance

Standards for New Commercial and Multi-Family High Rise Residential Buildings; Mandatory for Federal Buildings [Reserved]

Subpart B-Voluntary Performance Standards for New Non-Federal Residential Buildings [Reserved] Subpart C-Mandatory Performance Standards for New Federal Residential Buildings

§ 435.300 Purpose.

(a) This subpart establishes voluntary energy conservation performance standards for new residential buildings. The voluntary energy conserva

tion performance standards are designed to achieve the maximum practicable improvements in energy efficiency and increases in the use of non-depletable sources of energy.

(b) Voluntary energy conservation performance standards prescribed under this subpart shall be developed solely as guidelines for the purpose of providing technical assistance for the design of energy conserving buildings, and shall be mandatory only for the design of Federal buildings.

(c) The energy conservation performance standards will direct Federal policies and practices to ensure that cost-effective energy conservation features will be incorporated into the designs of all new residential buildings designed and constructed by and for Federal agencies.

(1) Single-story single-family residences;

(2) Split-level single-family residences;

(3) Two-story single-family residences;

(4) End-unit townhouses;

(5) Middle-unit townhouses;

(6) End-units in multifamily buildings (of three stories above grade or less);

(7) Middle-units in multifamily buildings (of three stories above grade or less);

(8) Single-section mobile homes; and (9) Multi-section mobile homes.

§ 435.302 Definitions.

(a) "Building" means any new residential structure (1) that includes or will include a heating or cooling system, or both, or a domestic hot water system, and (2) for which a building design is created after the effective date of this rule.

energy consumption goal or goals to be met without specification of the method, materials, and processes to be employed in achieving that goal or goals, but including statements of the requirements, criteria and evaluation methods to be used, and any necessary commentary.

(f) "Federal agency" means any department, agency, corporation, or other entity or instrumentality of the executive branch of the Federal Government, including the United States Postal Service, the Federal National Mortgage Association, and the Federal Home Loan Mortgage Corporation.

(g) "Federal residential building" means any residential building to be constructed by or for the use of any Federal agency in the Continental U.S., Alaska, or Hawaii that is not legally subject to state or local building codes or similar requirements.

(h) "Life cycle cost" means the minimum life cycle cost calculated by using the methodology specified in Subpart A of 10 CFR Part 436.

(i) "Point system" means the tables that display the effect of the set of energy conservation options on the design energy consumption and energy costs of a residential building for a particular location, building type and fuel type.

(j) "Practicable optimum life cycle energy cost" means the energy costs of the set of conservation options that has the minimum life cycle cost to the Federal government incurred during a 25 year period and including the costs of construction, maintenance, operation, and replacement.

(k) "Project" means the group of one or more Federal residential build

ings to be built at a specific geographic location that are included by a Federal agency in specifications issued or used by a Federal agency for design or construction of the buildings.

(1) "Residential building" means a new building that is designed to be constructed and developed for residential occupancy.

(m) "Set of conservation options" means the combination of envelope design and equipment options that influences the long term energy use in a building designed to maintain a minimum ventilation level of 0.7 air changes per hour, including the heating and cooling equipment, domestic hot water equipment, glazing, insulation, refrigerators and air infiltration control measures.

§ 435.303 Requirements for the design of a Federal residential building.

(a) The head of each Federal agency responsible for the construction of Federal residential buildings shall establish an energy consumption goal for each building to be designed or constructed by or for the agency.

(b) The energy consumption goal for a Federal residential building shall be a total point score derived by using the micro-computer program and user manual entitled "Conservation Optimization Standard for Savings in Federal Residences (COSTSAFR)," unless the head of the Federal agency shall establish more stringent requirements for that agency.

(c) The head of each Federal agency shall adopt such procedures as may be necessary to ensure that the design of a Federal residential building is not less energy conserving than the energy consumption goal established for the building.

§ 435.304 The COSTSAFR Program.

(a) The COSTSAFR Program (Version 2.0) provides a computerized calculation procedure to determine the most effective set of energy conservation measures, selected from among the measures included within the Program that will produce the practicable optimum life cycle cost for a type of residential building in a specific geographic location. The most effective

set of energy conservation measures is expressed as a total point score that serves as the energy consumption goal.

(b) The COSTSAFR Program (Version 2.0) also prints out a point system that identifies a wide array of different energy conservation measures indicating how many points various levels of each measure would contribute to reaching the total point score of the energy consumption goal. This enables a Federal agency to use the energy consumption goal and the point system in the design and procurement procedures SO that designers and builders can pick and choose among different combinations of energy conservation measures to meet or exceed the total point score required to meet the energy consumption goal.

(c) The COSTSAFR Program (Version 2.0) operates on a micro-computer system that uses the MS DOS operating system and is equipped with an 8087 co-processor.

(d) The COSTSAFR Program (Version 2.0) may be obtained from:

National Technical Information Service; Department of Commerce; Springfield, Virginia 22161; (202) 487-4600

436.73 Summary of content of a proposal. 436.74 Required program information. 436.75 Required general project information.

436.76 Required technical project information.

436.80 Operation and maintenance reports.

436.12 Life cycle cost methodology.

436.77 Required project cost information. 436.78 Evaluation procedures and criteria. 436.79 Transfer of funds.

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.

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 re

sources.

Subpart A-Methodology and Procedures for Life Cycle Cost Analy

ses

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.

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.