will be awarded ten points if it complies with the criterion and no points if the State fails to comply. [50 FR 49917, Dec. 5, 1985] § 440.28 Awarding the Performance Fund. (a) DOE will award funds from the Performance Fund to the twenty States annually determined to have demonstrated the best performance based on the criteria set forth in § 4440.27. If two or more States tie at the twentieth place, they will all qualify for the Performance Fund. (b) At a minimum, the amount of funds from the Performance Fund to be awarded to a State will be the percentage of the State's tentative allocation that is equal to the percentage of funds reserved for the Performance Fund for that year. (c) DOE will distribute the remaining money in the Performance Fund among the twenty States on the basis of their demonstrated ability to use program funds, except that no State will receive an amount equal to more than 50 percent of its tentative allocation. DOE will make this determination based primarily on the information provided by the States to DOE for the relevant reporting period, and possibly for other periods of time, in the Monthly Status Report, Standard Form 459E, which details the States' production and expenditures, and the Quarterly Financial Status Report, Standard Form 269. [50 FR 49918, Dec. 5, 1985] § 440.29 Appeals. (a) DOE will notify each State in writing of its score, ranking and the amount of funds, if any, to be awarded from the Peformance Fund. (b) If a State believes a technical or clerical error was made in arriving at its score, the State may file an appeal in writing with the Assistant Secretary for Conservation and Renewable Energy, within ten days of receipt of notification, at the Office of Weatherization Assistance, U.S. Department of Energy, Mail Stop 5G-023, 1000 Independence Avenue, SW., Washington, DC 20585 and marked "Weatherization Assistance: Appeal." (c) 10 CFR 205.131 and 205.134 provide the format for such a request. (d) The appeal must adequately explain how DOE made a technical or clerical error. (e) DOE shall consider the appeal and notify the State of DOE's final determination within 30 days of the receipt of the appeal, if at all possible. [50 FR 49918, Dec. 5, 1985] § 440.30 Administrative review. (a) If a timely application submitted by a State fails to meet the requirements of this part and the Operations Office Manager intends to deny the application, the Operations Office Manager shall return the application to the State together with a written statement of reasons for the denial. (b) The State will have a reasonable period, as determined by the Operations Office Manager, to amend its application and to resubmit it by a specified date for reconsideration. (c) The Operations Office Manager shall give notice to the applicant in the event that the Operations Office Manager determines that: (1) Any application resubmitted by a State in accordance with paragraph (b) of this section fails to comply with this regulation; (2) Any application returned to a State pursuant to paragraph (a) of this section is not resubmitted in a timely manner as provided in paragraph (b) of this section; or (3) The Operations Office Manager intends to deny the application of a local applicant. (d) The Operations Office Manager shall give notice to a grantee in the event that the Operations Office Manager finds there is a failure by the grantee to comply substantially with the provisions of the Act or this part. (e) The Operations Office Manager shall issue such notice in the form of written notice mailed by registered mail, return receipt requested, to the State, local applicant grantee, and other interested parties, including: (1) A statement of reasons for a determination referred to in paragraph (c) or (d) of this section which the Operations Office Manager intends to make, including an explanation whether any amendments or other actions would result in compliance with the regulation; (2) The date, place, and time of the public hearing to be held by the Operations Office Manager, one subject of which shall be the proposed determination, which hearing shall in no event be later than 15 working days after the receipt of such notice; and (3) The manner in which views may be presented. (f) A party which has received notice under paragraph (e) of this section: (1) May make a written submission of its views with supporting data and arguments to the Operations Office Manager on or prior to the date of the public hearing; and (2) Shall be afforded an opportunity to make an oral presentation at the public hearing. (g) The Operations Office Manager shall consider all relevant views and data, including arguments and other submissions made at the public hearing. The Operations Office Manager shall make, a final determination in writing, stating the reasons for the determination no later than five working days after the public hearing. (h) A State or local applicant or grantee may appeal in writing from an adverse final determination made by the Operations Office Manager under paragraph (g) of this section to the Secretary not later than 10 working days after receipt of the Operations Office Manager determination. The Secretary shall have 21 working days to consider the appeal and take any action with respect thereto which he deems appropriate. Any action taken by the Secretary shall be the final determination of DOE. If no action has been taken by the Secretary after the expiration of the 21 working day period, the Secretary shall be deemed to have approved the determination of the Operations Office Manager. The Secretary may delegate his authority under this section. (i) Notwithstanding anything herein, the public hearing referred to in paragraph (e)(2) of this section may be combined, with any other public hearing in the State conducted pursuant to this part at the discretion of the Operations Office Manager. (j) Upon issuance of the notice provided in paragraph (d) of this section, the Operations Office Manager may take any or all of the actions specified in 10 CFR 600.121(b). If the Operations Office Manager makes a final determination of failure to comply, the grantee will be ineligible to participate in the program under this part unless and until the Operations Office Manager is satisfied that there is no longer a failure to comply. APPENDIX A-STANDARDS FOR WEATHERIZATION MATERIALS The following Government standards are produced by the Consumer Products Safety Commission and are published in Title 16, Code of Federal Regulations. Thermal Insulating Materials for Building Elements Including Walls, Floors, Ceilings, Attics and Roofs Insulation-organic fiber-conformance to Interim Safety Standard 16 CFR Part 1209 Fire Safety Requirements for Thermal Insulating Materials According to Insulation Use-Attic Floor-insulation materials intended for exposed use in attic floors shall be capable of meeting the same flammability requirements given for cellulose insulation in 16 CFR Part 1209 Enclosed spaces-insulation materials intended for use within enclosed stud or joist spaces shall be capable of meeting the smoldering combustion requirements in 16 CFR Part 1209 The following standards which are not otherwise set forth in Part 440 are incorporated by reference and made a part of Part 440. The following standards have been approved for incorporation by reference by the Director of the Federal Register. These materials are incorporated as they exist on February 27 and a notice of any change in these materials will be published in the FEDERAL REGISTER. The standards incorporated by reference are available for inspection at the Office of the Federal Register Information Center, Room 8301, 1100 L Street, NW., Washington, D.C. 20408. Materials incorporated by reference are also available from the following sources: American Society for Testing and Materials, 1916 Race Street, Philadelphia, Pa. 19103 FS-Federal Specifications, General Services Administration, Specifications Section, Room 6039, 7th and D Streets, SW., Washington, D.C. 20407 American National Standards Institute, Inc., 1430 Broadway, New York, N.Y. 10018 Architectural Aluminum Manufacturers Association, 35 East Wacker Drive, Chicago, Ill. 60601 National Woodwork Manufacturers Association, 205 West Touhy Ave., Park Ridge, Ill. 60068 Fir and Hemlock Door Association, Yeon Building, Portland, Oregon 97204 Steel Door Institute, 712 Lakewood Center North, 14600 Detroit Ave., Cleveland, Ohio 44107 Steel Window Institute, 1230 Keith Building, Cleveland, Ohio 44115 National Electrical Manufacturers Association, 2101 L St., NW., Washington, D.C. 20037 American Society of Mechanical Engineers, United Engineering Center, 345 East 47th Street, New York, N.Y. 10017 American Gas Association, 1515 Wilson Boulevard, Arlington, Va. 22209 National Fire Protection Association, Batterymarch Park, Quincy, Mass. 02269 Air-Conditioning and Refrigeration Institute, 1501 Wilson Blvd., Arlington, Va. 22209 Sheet Metal and Air Conditioning Contractor's Association, 8224 Old Courthouse Road, Vienna, Va. 22180 Environmental Protection Agency, 401 M THERMAL INSULATING MATERIALS FOR BUILDING ELEMENTS INCLUDING WALLS, FLOORS, CEILINGS, ATTICS, AND ROOFS |