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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 10:10:3.0.1.4.18.1.11.1 | 10 | Energy | II | D | 430 | PART 430—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS | A | Subpart A—General Provisions | § 430.1 Purpose and scope. | DOE | [62 FR 29237, May 29, 1997] | 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. 95-619, Pub. L. 100-12, Pub. L. 100-357, and Pub. L. 102-486 which establishes an energy conservation program for consumer products other than automobiles. | |||
| 10:10:3.0.1.4.18.1.11.2 | 10 | Energy | II | D | 430 | PART 430—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS | A | Subpart A—General Provisions | § 430.2 Definitions. | DOE | [42 FR 27898, June 1, 1977] | For purposes of this part, words shall be defined as provided for in section 321 of the Act and as follows— 3-Way incandescent lamp means an incandescent lamp that— (1) Employs two filaments, operated separately and in combination, to provide three light levels; and (2) Is designated on the lamp packaging and marketing materials as being a 3-way incandescent lamp. 700 series fluorescent lamp means a fluorescent lamp with a color rendering index (measured according to the test procedures outlined in Appendix R to subpart B of this part) that is in the range (inclusive) of 70 to 79. Act means the Energy Policy and Conservation Act of 1975, as amended, 42 U.S.C. 6291-6316. Activation lock means a control mechanism (either by a physical device directly on the water heater or a control system integrated into the water heater) that is locked by default and contains a physical, software, or digital communication that must be activated with an activation key to enable to the product to operate at its designed specifications and capabilities and without which the activation of the product will provide not greater than 50 percent of the rated first hour delivery of hot water certified by the manufacturer. Active mode means the condition in which an energy-using product— (1) Is connected to a main power source; (2) Has been activated; and (3) Provides one or more main functions. Air cleaner means a product for improving indoor air quality, other than a central air conditioner, room air conditioner, portable air conditioner, dehumidifier, or furnace, that is an electrically-powered, self-contained, mechanically encased assembly that contains means to remove, destroy, or deactivate particulates, VOC, and/or microorganisms from the air. It excludes products that operate solely by means of ultraviolet light without a fan for air circulation. All-refrigerator means a refrigerator that does not include a compartment capable of maintaining compartment temperatures below 32 °F (0 °C) as determined according to th… | |||
| 10:10:3.0.1.4.18.1.11.3 | 10 | Energy | II | D | 430 | PART 430—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS | A | Subpart A—General Provisions | § 430.3 Materials incorporated by reference. | DOE | [74 FR 12066, Mar. 23, 2009] | (a) Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in this section, the U.S. Department of Energy (DOE) must publish a document in the Federal Register and the material must be available to the public. All approved incorporation by reference (IBR) material is available for inspection at the Department of Energy (DOE) and at the National Archives and Records Administration (NARA). Contact DOE at: The U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Office, EE-5B, 1000 Independence Avenue SW, Washington, DC 20585-0121, (202) 586-9127, Buildings@ee.doe.gov, www.energy.gov/eere/buildings/appliance-and-equipment-standards-program. For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or email fr.inspection@nara.gov. The material may be obtained from the sources in the following paragraphs of this section. (b) Air Movement and Control Association International, Inc. (AMCA), 30 West University Drive, Arlington Heights, IL 60004, (847) 394-0150, or by going to https://www.amca.org/store/item.aspx?ItemId=81. (1) ANSI/AMCA 210-99, Laboratory Methods of Testing Fans for Aerodynamic Performance Rating, ANSI-approved December 2, 1999; IBR approved for appendices CC and CC1 to subpart B. (Co-published as ANSI/ASHRAE 51-1999.) (2) ANSI/ASHRAE 51-07/ANSI/AMCA 210-07 (“ANSI/AMCA 210”), Laboratory Methods of Testing Fans for Certified Aerodynamic Performance Rating, AMCA approved July 28, 2006; IBR approved for appendix X1 to subpart B. (3) ANSI/AMCA Standard 208-18, (“AMCA 208-18”), Calculation of the Fan Energy Index, ANSI approved January 24, 2018, IBR approved for appendix U to this subpart. (4) ANSI/AMCA 210-07, ANSI/ASHRAE 51-07 (“AMCA 210-2007”), Laboratory Methods of Testing Fans for Certified Aerodynamic Performance Rating, ANSI… | |||
| 10:10:3.0.1.4.18.1.11.4 | 10 | Energy | II | D | 430 | PART 430—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS | A | Subpart A—General Provisions | § 430.4 Sources for information and guidance. | DOE | [74 FR 12066, Mar. 23, 2009] | (a) General. The standards listed in this paragraph are referred to in the DOE test procedures and elsewhere in this part but are not incorporated by reference. These sources are given here for information and guidance. (b) IESNA. Illuminating Engineering Society of North America, 120 Wall Street, Floor 17, New York, NY 10005-4001, 212-248-5000, or go to http://www.iesna.org. (1) Illuminating Engineering Society of North America Lighting Handbook, 8th Edition, 1993. (2) [Reserved] (c) IEEE. Institute of Electrical and Electronics Engineers, Inc., 3 Park Avenue, 17th Floor, New York, NY, 10016-5997, 212-419-7900, or go to http://www.ieee.org. (1) IEEE 1515-2000, IEEE Recommended Practice for Electronic Power Subsystems: Parameter Definitions, Test Conditions, and Test Methods, March 30, 2000. (2) IEEE 100, Authoritative Dictionary of IEEE Standards Terms, 7th Edition, January 1, 2006. (d) IEC. International Electrotechnical Commission, available from the American National Standards Institute, 11 W. 42nd Street, New York, NY 10036, 212-642-4936, or go to http://www.iec.ch. (1) IEC 62301, Household electrical appliances—Measurement of standby power, First Edition, June 13, 2005. (2) IEC 60050, International Electrotechnical Vocabulary. (e) National Voluntary Laboratory Accreditation Program, Standards Services Division, NIST, 100 Bureau Drive, Stop 2140, Gaithersburg, MD 20899-2140, 301-975-4016, or go to http://ts.nist.gov/standards/accreditation. (1) National Voluntary Laboratory Accreditation Program Handbook 150-01, Energy Efficient Lighting Products, Lamps and Luminaires, August 1993. (2) [Reserved] | |||
| 10:10:3.0.1.4.18.1.11.5 | 10 | Energy | II | D | 430 | PART 430—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS | A | Subpart A—General Provisions | § 430.5 Error correction procedures for energy conservation standards rules. | DOE | [81 FR 57757, Aug. 24, 2016], as amended at 89 FR 22924, Apr. 3, 2024 | (a) Scope and purpose. The regulations in this section describe an optional procedure through which the Department of Energy may accept and consider submissions regarding possible Errors in its rules under the Energy Policy and Conservation Act, as amended (42 U.S.C. 6291-6317). This section applies to rules establishing or amending energy conservation standards under the Act, except that this section does not apply to direct final rules issued pursuant to section 325(p)(4) of the Act (42 U.S.C. 6295(p)(4)). (b) Definitions. Act means the Energy Policy and Conservation Act of 1975, as amended (42 U.S.C. 6291-6317). Error means an aspect of the regulatory text of a rule that is inconsistent with what the Secretary intended regarding the rule at the time of posting. Examples of possible mistakes that might give rise to Errors include: (i) A typographical mistake that causes the regulatory text to differ from how the preamble to the rule describes the rule; (ii) A calculation mistake that causes the numerical value of an energy conservation standard to differ from what technical support documents would justify; or (iii) A numbering mistake that causes a cross-reference to lead to the wrong text. Rule means a rule establishing or amending an energy conservation standard under the Act. Secretary means the Secretary of Energy or an official with delegated authority to perform a function of the Secretary of Energy under this section. (c) Posting of rules. (1) It is within in the sole discretion of the Secretary to make a rule available to the public to review for Errors in the document's regulatory text. (2) If a rule is made available for review, the Secretary ordinarily will keep the document posted for a period of 45 calendar days, but the Secretary in his or her discretion (while remaining consistent with his or her statutory obligations under EPCA and other legal obligations when promulgating an energy conservation standard) may shorten or lengthen the time period during which the rule document i… | |||
| 10:10:3.0.1.4.18.2.11.1 | 10 | Energy | II | D | 430 | PART 430—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS | B | Subpart B—Test Procedures | § 430.21 Purpose and scope. | DOE | This subpart contains test procedures required to be prescribed by DOE pursuant to section 323 of the Act. | ||||
| 10:10:3.0.1.4.18.2.11.2 | 10 | Energy | II | D | 430 | PART 430—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS | B | Subpart B—Test Procedures | § 430.23 Test procedures for the measurement of energy and water consumption. | DOE | [42 FR 27898, June 1, 1977] | When the test procedures of this section call for rounding off of test results, and the results fall equally between two values of the nearest dollar, kilowatt-hour, or other specified nearest value, the result shall be rounded up to the nearest higher value. (a) Refrigerators and refrigerator-freezers. (1) The estimated annual operating cost for models without an anti-sweat heater switch shall be the product of the following three factors, with the resulting product then being rounded to the nearest dollar per year: (i) The representative average-use cycle of 365 cycles per year; (ii) The average per-cycle energy consumption for the standard cycle in kilowatt-hours per cycle, determined according to appendix A of this subpart; and (iii) The representative average unit cost of electricity in dollars per kilowatt-hour as provided by the Secretary. (2) The estimated annual operating cost for models with an anti-sweat heater switch shall be the product of the following three factors, with the resulting product then being rounded to the nearest dollar per year: (i) The representative average-use cycle of 365 cycles per year; (ii) Half the sum of the average per-cycle energy consumption for the standard cycle and the average per-cycle energy consumption for a test cycle type with the anti-sweat heater switch in the position set at the factory just before shipping, each in kilowatt-hours per cycle, determined according to appendix A of this subpart; and (iii) The representative average unit cost of electricity in dollars per kilowatt-hour as provided by the Secretary. (3) The estimated annual operating cost for any other specified cycle type shall be the product of the following three factors, the resulting product then being rounded to the nearest dollar per year: (i) The representative average-use cycle of 365 cycles per year; (ii) The average per-cycle energy consumption for the specified cycle type, determined according to appendix A of this subpart; and (iii) The representative average unit cost of e… | |||
| 10:10:3.0.1.4.18.2.11.3 | 10 | Energy | II | D | 430 | PART 430—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS | B | Subpart B—Test Procedures | § 430.24 [Reserved] | DOE | |||||
| 10:10:3.0.1.4.18.2.11.4 | 10 | Energy | II | D | 430 | PART 430—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS | B | Subpart B—Test Procedures | § 430.25 Laboratory Accreditation Program. | DOE | [81 FR 72504, Oct. 20, 2016] | The testing for general service fluorescent lamps, general service incandescent lamps (with the exception of lifetime testing), general service lamps (with the exception of applicable lifetime testing), incandescent reflector lamps, compact fluorescent lamps, and fluorescent lamp ballasts, and integrated light-emitting diode lamps must be conducted by test laboratories accredited by an Accreditation Body that is a signatory member to the International Laboratory Accreditation Cooperation (ILAC) Mutual Recognition Arrangement (MRA). A manufacturer's or importer's own laboratory, if accredited, may conduct the applicable testing. | |||
| 10:10:3.0.1.4.18.2.11.5 | 10 | Energy | II | D | 430 | PART 430—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS | B | Subpart B—Test Procedures | § 430.27 Petitions for waiver and interim waiver. | DOE | [79 FR 26599, May 9, 2014, as amended at 85 FR 79820, Dec. 11, 2020; 86 FR 70959, Dec. 14, 2021] | (a) General information. This section provides a means for seeking waivers of the test procedure requirements of this subpart for basic models that meet the requirements of paragraph (a)(1) of this section. In granting a waiver or interim waiver, DOE will not change the energy use or efficiency metric that the manufacturer must use to certify compliance with the applicable energy conservation standard and to make representations about the energy use or efficiency of the covered product. The granting of a waiver or interim waiver by DOE does not exempt such basic models from any other regulatory requirement contained in this part or the certification and compliance requirements of 10 CFR part 429 and specifies an alternative method for testing the basic models addressed in the waiver. (1) Any interested person may submit a petition to waive for a particular basic model any requirements of § 430.23 or of any appendix to this subpart, upon the grounds that the basic model contains one or more design characteristics which either prevent testing of the basic model according to the prescribed test procedures or cause the prescribed test procedures to evaluate the basic model in a manner so unrepresentative of its true energy and/or water consumption characteristics as to provide materially inaccurate comparative data. (2) Manufacturers of basic model(s) subject to a waiver or interim waiver are responsible for complying with the other requirements of this subpart and with the requirements of 10 CFR part 429 regardless of the person that originally submitted the petition for waiver and/or interim waiver. The filing of a petition for waiver and/or interim waiver shall not constitute grounds for noncompliance with any requirements of this subpart. (3) All correspondence regarding waivers and interim waivers must be submitted to DOE either electronically to AS__Waiver__Requests@ee.doe.gov (preferred method of transmittal) or by mail to U.S. Department of Energy, Building Technologies Program, Test Procedure Waiver, … | |||
| 10:10:3.0.1.4.18.3.11.1 | 10 | Energy | II | D | 430 | PART 430—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS | C | Subpart C—Energy and Water Conservation Standards | § 430.31 Purpose and scope. | DOE | [63 FR 13317, Mar. 18, 1998, as amended at 78 FR 62993, Oct. 23, 2013] | This subpart contains energy conservation standards and water conservation standards (in the case of faucets, showerheads, water closets, and urinals) for classes of covered products that are required to be administered by the Department of Energy pursuant to the Energy Conservation Program for Consumer Products Other Than Automobiles under the Energy Policy and Conservation Act, as amended (42 U.S.C. 6291 et seq. ). | |||
| 10:10:3.0.1.4.18.3.11.2 | 10 | Energy | II | D | 430 | PART 430—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS | C | Subpart C—Energy and Water Conservation Standards | § 430.32 Energy and water conservation standards and their compliance dates. | DOE | [54 FR 6077, Feb. 7, 1989] | The energy and water (in the case of faucets, showerheads, water closets, and urinals) conservation standards for the covered product classes are: (a) Refrigerators/refrigerator-freezers/freezers. These standards do not apply to refrigerators and refrigerator-freezers with total refrigerated volume exceeding 39 cubic feet (1104 liters) or freezers with total refrigerated volume exceeding 30 cubic feet (850 liters). The energy standards as determined by the equations of the following table(s) shall be rounded off to the nearest kWh per year. If the equation calculation is halfway between the nearest two kWh per year values, the standard shall be rounded up to the higher of these values. (1) The following standards apply to products manufactured on or after September 15, 2014, and before the 2029/2030 compliance dates depending on product class (see paragraphs (a)(2) and (a)(3) of this section). Table 1 to Paragraph (a)(1) AV = Total adjusted volume, expressed in ft 3 , as determined in appendices A and B to subpart B of this part. av = Total adjusted volume, expressed in Liters. (2) The following standards apply to products manufactured on or after January 31, 2029. Table 2 to Paragraph ( a )( 2 ) AV = Total adjusted volume, expressed in ft 3 , as determined in appendices A and B to subpart B of this part. av = Total adjusted volume, expressed in Liters. I = 1 for a product with an automatic icemaker and = 0 for a product without an automatic icemaker. Door Coefficients ( e.g., K3ABI) are as defined in the following table. Table 3 to Paragraph ( a )( 2 ) Notes: 1 N d is the number of external doors. 2 The maximum N d values are 2 for K12, 3 for K9BI, and 5 for all other K values. (3) The following standards apply to products manufactured on or after January 31, 2030. Table 4 to Paragraph ( a )( 3 ) AV = Total adjusted volume, expressed in ft 3 , as determined in appendices A and B to subpart B of this part. av = Total adjusted volume, expressed in Liters. I = 1 for a product with an a… | |||
| 10:10:3.0.1.4.18.3.11.3 | 10 | Energy | II | D | 430 | PART 430—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS | C | Subpart C—Energy and Water Conservation Standards | § 430.33 Preemption of State regulations. | DOE | [63 FR 13318, Mar. 18, 1998, as amended at 74 FR 12070, Mar. 23, 2009; 78 FR 62993, Oct. 23, 2013] | (a) Any State regulation providing for any energy conservation standard, or water conservation standard (in the case of faucets, showerheads, water closets, and urinals), or other requirement with respect to the energy efficiency, energy use, or water use (in the case of faucets, showerheads, water closets, or urinals) of a covered product that is not identical to a Federal standard in effect under this subpart is preempted by that standard, except as provided for in sections 325(i)(6)(A)(vi), 327(b) and (c) of the Act. (b) No State regulation, or revision thereof, concerning the energy efficiency, energy use, or water use of the covered product shall be effective with respect to such covered product, unless the State regulation or revision in the case of any portion of any regulation that establishes requirements for general service incandescent lamps, intermediate base incandescent lamps, or candelabra base lamps, was enacted or adopted by the State of California or Nevada before December 4, 2007, except that— (1) The regulation adopted by the California Energy Commission with an effective date of January 1, 2008, shall only be effective until the effective date of the Federal standard for the applicable lamp category under paragraphs (A), (B), and (C) of section 325(i)(1) of EPCA; and (2) The States of California and Nevada may, at any time, modify or adopt a State standard for general service lamps to conform with Federal standards with effective dates no earlier than 12 months prior to the Federal effective dates prescribed under paragraphs (A), (B), and (C) of section 325(i)(1) of EPCA, at which time any prior regulations adopted by the State of California or Nevada shall no longer be effective. | |||
| 10:10:3.0.1.4.18.3.11.4 | 10 | Energy | II | D | 430 | PART 430—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS | C | Subpart C—Energy and Water Conservation Standards | § 430.34 Energy and water conservation standards amendments | DOE | [67 FR 36406, May 23, 2002] | The Department of Energy may not prescribe any amended standard which increases the maximum allowable energy use or, in the case of showerheads, faucets, water closets or urinals, the maximum allowable water use, or which decreases the minimum required energy efficiency of a covered product. | |||
| 10:10:3.0.1.4.18.3.11.5 | 10 | Energy | II | D | 430 | PART 430—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS | C | Subpart C—Energy and Water Conservation Standards | § 430.35 Petitions with respect to general service lamps. | DOE | [74 FR 12070, Mar. 23, 2009] | (a) Any person may petition the Secretary for an exemption for a type of general service lamp from the requirements of this subpart. The Secretary may grant an exemption only to the extent that the Secretary finds, after a hearing and opportunity for public comment, that it is not technically feasible to serve a specialized lighting application (such as a military, medical, public safety or certified historic lighting application) using a lamp that meets the requirements of this subpart. To grant an exemption for a product under this paragraph, the Secretary shall include, as an additional criterion, that the exempted product is unlikely to be used in a general service lighting application. (b) Any person may petition the Secretary to establish standards for lamp shapes or bases that are excluded from the definition of general service lamps. The petition shall include evidence that the availability or sales of exempted lamps have increased significantly since December 19, 2007. The Secretary shall grant a petition if the Secretary finds that: (1) The petition presents evidence that demonstrates that commercial availability or sales of exempted incandescent lamp types have increased significantly since December 19, 2007 and are being widely used in general lighting applications; and (2) Significant energy savings could be achieved by covering exempted products, as determined by the Secretary based on sales data provided to the Secretary from manufacturers and importers. | |||
| 10:10:3.0.1.4.18.4.11.1 | 10 | Energy | II | D | 430 | PART 430—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS | D | Subpart D—Petitions To Exempt State Regulation From Preemption; Petitions To Withdraw Exemption of State Regulation | § 430.40 Purpose and scope. | DOE | [63 FR 13318, Mar. 18, 1998] | (a) This subpart prescribes the procedures to be followed in connection with petitions requesting a rule that a State regulation prescribing an energy conservation standard, water conservation standard (in the case of faucets, showerheads, water closets, and urinals), or other requirement respecting energy efficiency, energy use, or water use (in the case of faucets, showerheads, water closets, and urinals) of a type (or class) of covered product not be preempted. (b) This subpart also prescribes the procedures to be followed in connection with petitions to withdraw a rule exempting a State regulation prescribing an energy conservation standard, water conservation standard (in the case of faucets, showerheads, water closets, and urinals), or other requirement respecting energy efficiency, energy use, or water use (in the case of faucets, showerheads, water closets, and urinals) of a type (or class) of covered product. | |||
| 10:10:3.0.1.4.18.4.11.10 | 10 | Energy | II | D | 430 | PART 430—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS | D | Subpart D—Petitions To Exempt State Regulation From Preemption; Petitions To Withdraw Exemption of State Regulation | § 430.49 Finality of decision. | DOE | [54 FR 6078, Feb. 7, 1989, as amended at 63 FR 13319, Mar. 18, 1998] | (a) A decision to prescribe a rule that a State energy conservation standard, water conservation standard (in the case of faucets, showerheads, water closets, and urinals) or other requirement not be preempted is final on the date the rule is issued, i.e., signed by the Secretary. A decision to prescribe such a rule has no effect on other regulations of a covered product of any other State. (b) A decision to prescribe a rule withdrawing a rule exempting a State standard or other requirement is final on the date the rule is issued, i.e., signed by the Secretary. A decision to deny such a petition is final on the day a denial of a request for reconsideration is issued, i.e., signed by the Secretary. | |||
| 10:10:3.0.1.4.18.4.11.2 | 10 | Energy | II | D | 430 | PART 430—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS | D | Subpart D—Petitions To Exempt State Regulation From Preemption; Petitions To Withdraw Exemption of State Regulation | § 430.41 Prescriptions of a rule. | DOE | [63 FR 13318, Mar. 18, 1998] | (a) Criteria for exemption from preemption. Upon petition by a State which has prescribed an energy conservation standard, water conservation standard (in the case of faucets, showerheads, water closets, and urinals), or other requirement for a type or class of covered equipment for which a Federal energy conservation standard or water conservation standard is applicable, the Secretary shall prescribe a rule that such standard not be preempted if he determines that the State has established by a preponderance of evidence that such requirement is needed to meet unusual and compelling State or local energy interests or water interests. For the purposes of this section, the term “unusual and compelling State or local energy interests or water interests” means interests which are substantially different in nature or magnitude than those prevailing in the U.S. generally, and are such that when evaluated within the context of the State's energy plan and forecast, or water plan and forecast the costs, benefits, burdens, and reliability of energy savings or water savings resulting from the State regulation make such regulation preferable or necessary when measured against the costs, benefits, burdens, and reliability of alternative approaches to energy savings or water savings or production, including reliance on reasonably predictable market-induced improvements in efficiency of all equipment subject to the State regulation. The Secretary may not prescribe such a rule if he finds that interested persons have established, by a preponderance of the evidence, that the State's regulation will significantly burden manufacturing, marketing, distribution, sale or servicing of the covered equipment on a national basis. In determining whether to make such a finding, the Secretary shall evaluate all relevant factors including: the extent to which the State regulation will increase manufacturing or distribution costs of manufacturers, distributors, and others; the extent to which the State regulation will disadvantage smaller ma… | |||
| 10:10:3.0.1.4.18.4.11.3 | 10 | Energy | II | D | 430 | PART 430—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS | D | Subpart D—Petitions To Exempt State Regulation From Preemption; Petitions To Withdraw Exemption of State Regulation | § 430.42 Filing requirements. | DOE | (a) Service. All documents required to be served under this subpart shall, if mailed, be served by first class mail. Service upon a person's duly authorized representative shall constitute service upon that person. (b) Obligation to supply information. A person or State submitting a petition is under a continuing obligation to provide any new or newly discovered information relevant to that petition. Such information includes, but is not limited to, information regarding any other petition or request for action subsequently submitted by that person or State. (c) The same or related matters. A person or State submitting a petition or other request for action shall state whether to the best knowledge of that petitioner the same or related issue, act, or transaction has been or presently is being considered or investigated by any State agency, department, or instrumentality. (d) Computation of time. (1) Computing any period of time prescribed by or allowed under this subpart, the day of the action from which the designated period of time begins to run is not to be included. If the last day of the period is Saturday, or Sunday, or Federal legal holiday, the period runs until the end of the next day that is neither a Saturday, or Sunday or Federal legal holiday. (2) Saturdays, Sundays, and intervening Federal legal holidays shall be excluded from the computation of time when the period of time allowed or prescribed is 7 days or less. (3) When a submission is required to be made within a prescribed time, DOE may grant an extension of time upon good cause shown. (4) Documents received after regular business hours are deemed to have been submitted on the next regular business day. Regular business hours for the DOE's National Office, Washington, DC, are 8:30 a.m. to 4:30 p.m. (5) DOE reserves the right to refuse to accept, and not to consider, untimely submissions. (e) Filing of petitions. (1) A petition for a rule shall be submitted in triplicate to: The Assistant Secretary for Conservation and Renewab… | ||||
| 10:10:3.0.1.4.18.4.11.4 | 10 | Energy | II | D | 430 | PART 430—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS | D | Subpart D—Petitions To Exempt State Regulation From Preemption; Petitions To Withdraw Exemption of State Regulation | § 430.43 Notice of petition. | DOE | (a) Promptly after receipt of a petition and its acceptance for filing, notice of such petition shall be published in the Federal Register. The notice shall set forth the availability for public review of all data and information available, and shall solicit comments, data and information with respect to the determination on the petition. Except as may otherwise be specified, the period for public comment shall be 60 days after the notice appears in the Federal Register. (b) In addition to the material required under paragraph (a) of this section, each notice shall contain a summary of the State regulation at issue and the petitioner's reasons for the rule sought. | ||||
| 10:10:3.0.1.4.18.4.11.5 | 10 | Energy | II | D | 430 | PART 430—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS | D | Subpart D—Petitions To Exempt State Regulation From Preemption; Petitions To Withdraw Exemption of State Regulation | § 430.44 Consolidation. | DOE | DOE may consolidate any or all matters at issue in two or more proceedings docketed where there exist common parties, 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. | ||||
| 10:10:3.0.1.4.18.4.11.6 | 10 | Energy | II | D | 430 | PART 430—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS | D | Subpart D—Petitions To Exempt State Regulation From Preemption; Petitions To Withdraw Exemption of State Regulation | § 430.45 Hearing. | DOE | The Secretary may hold a public hearing, and publish notice in the Federal Register of the date and location of the hearing, when he determines that such a hearing is necessary and likely to result in a timely and effective resolution of the issues. A transcript shall be kept of any such hearing. | ||||
| 10:10:3.0.1.4.18.4.11.7 | 10 | Energy | II | D | 430 | PART 430—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS | D | Subpart D—Petitions To Exempt State Regulation From Preemption; Petitions To Withdraw Exemption of State Regulation | § 430.46 Disposition of petitions. | DOE | (a) After the submission of public comments under § 430.42(a), the Secretary shall prescribe a final rule or deny the petition within 6 months after the date the petition is filed. (b) The final rule issued by the Secretary or a determination by the Secretary to deny the petition shall include a written statement setting forth his findings and conclusions, and the reasons and basis therefor. A copy of the Secretary's decision shall be sent to the petitioner and the affected State agency. The Secretary shall publish in the Federal Register a notice of the final rule granting or denying the petition and the reasons and basis therefor. (c) If the Secretary finds that he cannot issue a final rule within the 6-month period pursuant to paragraph (a) of this section, he shall publish a notice in the Federal Register extending such period to a date certain, but no longer than one year after the date on which the petition was filed. Such notice shall include the reasons for the delay. | ||||
| 10:10:3.0.1.4.18.4.11.8 | 10 | Energy | II | D | 430 | PART 430—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS | D | Subpart D—Petitions To Exempt State Regulation From Preemption; Petitions To Withdraw Exemption of State Regulation | § 430.47 Effective dates of final rules. | DOE | [54 FR 6078, Feb. 7, 1989, as amended at 63 FR 13319, Mar. 18, 1998] | (a) A final rule exempting a State standard from Federal preemption will be effective: (1) Upon publication in the Federal Register if the Secretary determines that such rule is needed to meet an “energy emergency condition or water emergency condition (in the case of faucets, showerheads, water closets, and urinals)” within the State. (2) Three years after such rule is published in the Federal Register ; or (3) Five years after such rule is published in the Federal Register if the Secretary determines that such additional time is necessary due to the burdens of retooling, redesign or distribution. (b) A final rule withdrawing a rule exempting a State standard will be effective upon publication in the Federal Register. | |||
| 10:10:3.0.1.4.18.4.11.9 | 10 | Energy | II | D | 430 | PART 430—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS | D | Subpart D—Petitions To Exempt State Regulation From Preemption; Petitions To Withdraw Exemption of State Regulation | § 430.48 Request for reconsideration. | DOE | (a) Any petitioner whose petition for a rule has been denied may request reconsideration within 30 days of denial. The request shall contain a statement of facts and reasons supporting reconsideration and shall be submitted in writing to the Secretary. (b) The denial of a petition will be reconsidered only where it is alleged and demonstrated that the denial was based on error in law or fact and that evidence of the error is found in the record of the proceedings. (c) If the Secretary fails to take action on the request for reconsideration within 30 days, the request is deemed denied, and the petitioner may seek such judicial review as may be appropriate and available. (d) A petitioner has not exhausted other administrative remedies until a request for reconsideration has been filed and acted upon or deemed denied. | ||||
| 10:10:3.0.1.4.18.5.11.1 | 10 | Energy | II | D | 430 | PART 430—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS | E | Subpart E—Small Business Exemptions | § 430.50 Purpose and scope. | DOE | [54 FR 6080, Feb. 7, 1989, as amended at 63 FR 13319, Mar. 18, 1998] | (a) This subpart establishes procedures for the submission and disposition of applications filed by manufacturers of covered consumer products with annual gross revenues that do not exceed $8 million to exempt them temporarily from all or part of energy conservation standards or water conservation standards (in the case of faucets, showerheads, water closets, and urinals) established by this part. (b) The purpose of this subpart is to provide content and format requirements for manufacturers of covered consumer products with low annual gross revenues who desire to apply for temporary exemptions from applicable energy conservation standards or water conservation standards (in the case of faucets, showerheads, water closets, and urinals) . | |||
| 10:10:3.0.1.4.18.5.11.2 | 10 | Energy | II | D | 430 | PART 430—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS | E | Subpart E—Small Business Exemptions | § 430.51 Eligibility. | DOE | Any manufacturer of a covered product with annual gross revenues that do not exceed $8,000,000 from all its operations (including the manufacture and sale of covered products) for the 12-month period preceding the date of application may apply for an exemption. In determining the annual gross revenues of any manufacturer under this subpart, the annual gross revenue of any other person who controls, is controlled, by, or is under common control with, such manufacturer shall be taken into account. | ||||
| 10:10:3.0.1.4.18.5.11.3 | 10 | Energy | II | D | 430 | PART 430—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS | E | Subpart E—Small Business Exemptions | § 430.52 Requirements for applications. | DOE | (a) Each application filed under this subpart shall be submitted in triplicate to: U.S. Department of Energy, Small Business Exemptions, Appliance Efficiency Standards, Assistant Secretary for Conservation and Renewable Energy, Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 20585. (b) An application shall be in writing and shall include the following: (1) Name and mailing address of applicant; (2) Whether the applicant controls, is controlled by, or is under common control with another manufacturer, and if so, the nature of that control relationship; (3) The text or substance of the standard or portion thereof for which the exemption is sought and the length of time desired for the exemption; (4) Information showing the annual gross revenue of the applicant for the preceding 12-month period from all of its operations (including the manufacture and sale of covered products): (5) Information to show that failure to grant an exemption is likely to result in a lessening of competition; (6) Such other information, if any, believed to be pertinent by the petitioner; and (7) Such other information as the Secretary may require. | ||||
| 10:10:3.0.1.4.18.5.11.4 | 10 | Energy | II | D | 430 | PART 430—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS | E | Subpart E—Small Business Exemptions | § 430.53 Processing of applications. | DOE | (a) The applicant shall serve a copy of the application, all supporting documents and all subsequent submissions, or a copy from which confidential information has been deleted pursuant to 10 CFR 1004.11, to the Secretary, which may be made available for public review. (b) Within fifteen (15) days of the receipt of an application, the Secretary will either accept it for filing or reject it, and the applicant will be so notified in writing. Only such applications which conform to the requirements of this subpart and which contain sufficient information for the purposes of a substantive decision will be accepted for filing. Applications which do not so conform will be rejected and an explanation provided to the applicant in writing. (c) For the purpose of this subpart, an application is deemed to be filed on the date it is accepted for filing. (d) Promptly after receipt of an application and its acceptance for filing, notice of such application shall be published in the Federal Register. The notice shall set forth the availability for public review of data and information available, and shall solicit comments, data and information with respect to the determination on the application. Except as may otherwise be specified, the period for public comment shall be 60 days after the notice appears in the Federal Register. (e) The Secretary on his own initiative may convene a hearing if, in his discretion, he considers such hearing will advance his evaluation of the application. | ||||
| 10:10:3.0.1.4.18.5.11.5 | 10 | Energy | II | D | 430 | PART 430—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS | E | Subpart E—Small Business Exemptions | § 430.54 Referral to the Attorney General. | DOE | Notice of the application for exemption under this subpart shall be transmitted to the Attorney General by the Secretary and shall contain (a) a statement of the facts and of the reasons for the exemption, and (b) copies of all documents submitted. | ||||
| 10:10:3.0.1.4.18.5.11.6 | 10 | Energy | II | D | 430 | PART 430—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS | E | Subpart E—Small Business Exemptions | § 430.55 Evaluation of application. | DOE | The Secretary shall grant an application for exemption submitted under this subpart if the Secretary finds, after obtaining the written views of the Attorney General, that a failure to allow an exemption would likely result in a lessening of competition. | ||||
| 10:10:3.0.1.4.18.5.11.7 | 10 | Energy | II | D | 430 | PART 430—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS | E | Subpart E—Small Business Exemptions | § 430.56 Decision and order. | DOE | (a) Upon consideration of the application and other relevant information received or obtained, the Secretary shall issue an order granting or denying the application. (b) The order shall include a written statement setting forth the relevant facts and the legal basis of the order. (c) The Secretary shall serve a copy of the order upon the applicant and upon any other person readily identifiable by the Secretary as one who is interested in or aggrieved by such order. The Secretary also shall publish in the Federal Register a notice of the grant or denial of the order and the reason therefor. | ||||
| 10:10:3.0.1.4.18.5.11.8 | 10 | Energy | II | D | 430 | PART 430—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS | E | Subpart E—Small Business Exemptions | § 430.57 Duration of temporary exemption. | DOE | A temporary exemption terminates according to its terms but not later than twenty-four months after the affective date of the rule for which the exemption is allowed. |
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chapter TEXT,
subchapter TEXT,
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