[Federal Register Volume 74, Number 235 (Wednesday, December 9, 2009)]
[Notices]
[Pages 65105-65106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29356]
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DEPARTMENT OF ENERGY
Grace Period From Enforcement of Energy-Efficiency Certification
for Residential Products
AGENCY: Office of the General Counsel, U.S. Department of Energy.
ACTION: Notice.
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SUMMARY: This notice announces the Department of Energy's (DOE) intent
to allow manufacturers subject to certain certification requirements to
remedy deficiencies in their certification submissions and/or to
certify covered products. DOE will refrain from initiating an
enforcement action for any violations of 10 CFR 430.62 that are
remedied prior to 30 days from the date of this Notice.
DATES: This Notice is effective December 9, 2009.
FOR FURTHER INFORMATION CONTACT: Ms. Laura Barhydt at 202-287-5772.
SUPPLEMENTARY INFORMATION: The Energy Policy and Conservation Act of
1974, as amended, (EPCA or the ``Act'') authorizes the Department of
Energy (DOE or the ``Department'') to enforce compliance with the
energy conservation standards established for certain consumer
products. 42 U.S.C. 6299-6304. To ensure that all covered products
distributed in the United States comply with DOE's energy conservation
standards, the Department has promulgated enforcement regulations,
which include specific certification requirements. See 10 CFR part 430,
subpart F. Specifically, the Department's rules require manufacturers
of covered consumer products to ``certify by means of a compliance
statement and a certification report that each basic model(s) meets the
applicable energy conservation standard,'' before distributing it in
commerce within the United States. 10 CFR 430.62.
On October 14, 2009, DOE issued guidance setting forth the
Department's interpretation of its enforcement regulations. (74 FR
52793) The guidance clarified that a failure to certify covered
products in accordance with DOE's rules is an independent violation of
EPCA and DOE's implementing regulations and may be subject to
enforcement action, including the imposition of civil penalties. The
guidance also announced the Department's intent to exercise its
enforcement authority more rigorously in the future, beginning with a
compliance review of certification reports for products and equipment
covered by DOE regulations.
DOE has initiated the compliance review announced in the October
14, 2009 Federal Register notice. We recognize, however, that DOE's
clarification regarding certification obligations combined with its
intent to enforce all regulatory obligations much more vigorously were
not anticipated by the market. Moreover, some manufacturers previously
have been given, on an ad hoc basis, a thirty day grace period to cure
defective certifications.
DOE's goal is threefold: (1) To ensure compliance with its
regulations; (2) to sanction those who fail to comply with those
regulations; and (3) to treat all those subject to the regulations
fairly and equally. To accomplish this goal, DOE therefore believes
that a one-time grace period of very limited duration and scope is
warranted to allow manufacturers to immediately review previously
submitted certification reports and compliance statements for accuracy
and completeness. The grace period will also allow any manufacturers
who have not previously submitted the required information to come into
compliance.
We hereby notify all manufacturers of covered products that for 30
days from this Notice DOE will refrain from initiating enforcement
actions for violations of the certification regulations set forth in 10
CFR 430.62. We strongly encourage manufacturers to take advantage of
this limited window to review, correct, and file certification reports
and compliance statements as needed to come into compliance with our
rules. Any violations of DOE's certification rules not remedied by
January 8, 2010 will be subject to enforcement action, including the
imposition of a civil penalty in accordance with 10 CFR 430.74.
DOE's determination to refrain from initiating enforcement actions
for 30 days is limited to violations of the certification requirements
specified in 10 CFR 430.62. This grace period does not apply to
violations of the energy efficiency or water conservation standards or
any other requirements set forth in EPCA or DOE's implementing
regulations. DOE intends to pursue immediately and aggressively all
violations of the Department's energy
[[Page 65106]]
efficiency and water conservation standards.
We have prepared a page of Frequently Asked Questions (FAQ) related
to this certification grace period, which is available at http://www.gc.doe.gov/documents/Frequently_Asked_Questions.pdf.
In response to this notice, manufacturers may file required
certification reports and compliance statements either by mail or
electronic filing.
Electronic filing is preferred. To file electronically, go to our
FAQ at http://www.gc.doe.gov/documents/Frequently_Asked_Questions.pdf
for instructions.
Paper filings should be submitted to: Appliance Standards Program
(EE-2J), U.S. Department of Energy, 1000 Independence Avenue, SW.,
Washington, DC 20585-0121.
Issued in Washington, DC, on December 4, 2009.
Scott Blake Harris,
General Counsel.
[FR Doc. E9-29356 Filed 12-8-09; 8:45 am]
BILLING CODE 6450-01-P