[Code of Federal Regulations]
[Title 10, Volume 3]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR440.3]

[Page 646-649]
 
                            TITLE 10--ENERGY
 
                    CHAPTER II--DEPARTMENT OF ENERGY
 
PART 440--WEATHERIZATION ASSISTANCE FOR LOW-INCOME PERSONS--Table of Contents
 
Sec. 440.3  Definitions.

    As used in this part:
    Act means the Energy Conservation in Existing Buildings Act of 1976, 
as amended, 42 U.S.C. 6851 et seq.
    Assistant Secretary means the Assistant Secretary for Conservation 
and Renewable Energy or official to whom the

[[Page 647]]

Assistant Secretary's functions may be redelegated by the Secretary.
    Base Allocation means the fixed amount of funds for each State as 
set forth in Sec. 440.10(b)(1).
    CAA means a Community Action Agency.
    Capital-Intensive furnace or cooling efficiency modifications means 
those major heating and cooling modifications which require a 
substantial amount of funds, including replacement and major repairs, 
but excluding such items as tune-ups, minor repairs, and filters.
    Children means dependents not exceeding 19 years or a lesser age set 
forth in the State plan.
    Community Action Agency means a private corporation or public agency 
established pursuant to the Economic Opportunity Act of 1964, Pub. L. 
88-452, which is authorized to administer funds received from Federal, 
State, local, or private funding entities to assess, design, operate, 
finance, and oversee antipoverty programs.
    Cooling Degree Days means a population-weighted annual average of 
the climatological cooling degree days for each weather station within a 
State, as determined by DOE.
    Deputy Assistant Secretary means the Deputy Assistant Secretary for 
Technical and Financial Assistance or any official to whom the Deputy 
Assistant Secretary's functions may be redelegated by the Assistant 
Secretary.
    DOE means the Department of Energy.
    Dwelling Unit means a house, including a stationary mobile home, an 
apartment, a group of rooms, or a single room occupied as separate 
living quarters.
    Elderly Person means a person who is 60 years of age or older.
    Family Unit means all persons living together in a dwelling unit.
    Formula Allocation means the amount of funds for each State as 
calculated based on the formula in Sec. 440.10(b)(3).
    Formula Share means the percentage of the total formula allocation 
provided to each State as calculated in Sec. 440.10 (b)(3).
    Governor means the chief executive officer of a State, including the 
Mayor of the District of Columbia.
    Grantee means the State or other entity named in the Notification of 
Grant Award as the recipient.
    Handicapped Person means any individual (1) who is a handicapped 
individual as defined in section 7(6) of the Rehabilitation Act of 1973, 
(2) who is under a disability as defined in section 1614(a)(3)(A) or 
223(d)(1) of the Social Security Act or in section 102(7) of the 
Developmental Disabilities Services and Facilities Construction Act, or 
(3) who is receiving benefits under chapter 11 or 15 of title 38, U.S.C.
    Heating Degree Days means a population-weighted seasonal average of 
the climatological heating degree days for each weather station within a 
State, as determined by DOE.
    Incidental Repairs means those repairs necessary for the effective 
performance or preservation of weatherization materials. Such repairs 
include, but are not limited to, framing or repairing windows and doors 
which could not otherwise be caulked or weather-stripped and providing 
protective materials, such as paint, used to seal materials installed 
under this program.
    Indian Tribe means any tribe, band, nation, or other organized group 
or community of Native Americans, including any Alaskan native village, 
or regional or village corporation as defined in or established pursuant 
to the Alaska Native Claims Settlement Act, Pub. L. 92-203, 85 Stat. 
688, which (1) is recognized as eligible for the special programs and 
services provided by the United States to Native Americans because of 
their status as Native Americans, or (2) is located on, or in proximity 
to, a Federal or State reservation or rancheria.
    JTPA means the Job Training Partnership Act, 29 U.S.C. 1501 et seq.
    Local Applicant means a CAA or other public or non profit entity 
unit of general purpose local government.
    Low Income means that income in relation to family size which:
    (1) Is at or below 125 percent of the poverty level determined in 
accordance with criteria established by the Director of the Office of 
Management and Budget, except that the Secretary may

[[Page 648]]

establish a higher level if the Secretary, after consulting with the 
Secretary of Agriculture and the Secretary of Health and Human Services, 
determines that such a higher level is necessary to carry out the 
purposes of this part and is consistent with the eligibility criteria 
established for the weatherization program under section 222(a)(12) of 
the Economic Opportunity Act of 1964;
    (2) Is the basis on which cash assistance payments have been paid 
during the preceding twelve month-period under titles IV and XVI of the 
Social Security Act or applicable State or local law; or
    (3) If a State elects, is the basis for eligibility for assistance 
under the Low Income Home Energy Assistance Act of 1981, provided that 
such basis is at least 125 percent of the poverty level determined in 
accordance with criteria established by the Director of the Office of 
Management and Budget.
    Native American means a person who is a member of an Indian tribe.
    Program Allocation means the base allocation plus formula allocation 
for each State.
    Relevant Reporting Period means the Federal fiscal year beginning on 
October 1 and running through September 30 of the following calendar 
year.
    Rental Dwelling Unit means a dwelling unit occupied by a person who 
pays rent for the use of the dwelling unit.
    Residential Energy Expenditures means the average annual cost of 
purchased residential energy, including the cost of renewable energy 
resources.
    Secretary means the Secretary of the Department of Energy.
    Separate Living Quarters means living quarters in which the 
occupants do not live and eat with any other persons in the structure 
and which have either direct access from the outside of the building or 
through a common hall or complete kitchen facilities for the exclusive 
use of the occupants. The occupants may be a single family, one person 
living alone, two or more families living together, or any other group 
of related or unrelated persons who share living arrangements, and 
includes shelters for homeless persons.
    Shelter means a dwelling unit or units whose principal purpose is to 
house on a temporary basis individuals who may or may not be related to 
one another and who are not living in nursing homes, prisons, or similar 
institutional care facilities.
    Single-Family Dwelling Unit means a structure containing no more 
than one dwelling unit.
    Skirting means material used to border the bottom of a dwelling unit 
to prevent infiltration.
    State means each of the States and the District of Columbia.
    Subgrantee means an entity managing a weatherization project which 
receives a grant of funds awarded under this part from a grantee.
    Support Office Director means the Director of the DOE Field Support 
Office with the responsibility for grant administration or any official 
to whom that function may be redelegated by the Assistant Secretary.
    Total Program Allocations means the annual appropriation less funds 
reserved for training and technical assistance.
    Tribal Organization means the recognized governing body of any 
Indian tribe or any legally established organization of Native Americans 
which is controlled, sanctioned, or chartered by such governing body.
    Unit of General Purpose Local Government means any city, county, 
town, parish, village, or other general purpose political subdivision of 
a State.
    Vestibule means an enclosure built around a primary entry to a 
dwelling unit.
    Weatherization Materials mean:
    (1) Caulking and weatherstripping of doors and windows;
    (2) Furnace efficiency modifications including, but not limited to--
    (i) Replacement burners, furnaces, or boilers or any combination 
thereof;
    (ii) Devices for minimizing energy loss through heating system, 
chimney, or venting devices; and
    (iii) Electrical or mechanical furnace ignition systems which 
replace standing gas pilot lights;
    (3) Cooling efficiency modifications including, but not limited to--
    (i) Replacement air conditioners;
    (ii) Ventilation equipment;
    (iii) Screening and window films; and
    (iv) Shading devices.

[[Page 649]]

    Weatherization Project means a project conducted in a single 
geographical area which undertakes to weatherize dwelling units that are 
energy inefficient.

[49 FR 3629, Jan. 27, 1984, as amended at 50 FR 712, Jan. 4, 1985; 50 FR 
49917, Dec. 5, 1985; 55 FR 41325, Oct. 10, 1990; 58 FR 12525, Mar. 4, 
1993; 60 FR 29480, June 5, 1995]

    Effective Date Note: At 65 FR 77217, Dec. 8, 2000, Sec. 440.3 was 
amended by removing the definition for ``JTPA''; by revising the words 
in the definitions for ``Handicapped Person'' to read ``Persons with 
disabilities'' and place in alphabetical order; and by adding the 
definitions for Base temperature, Electric base-load, High residential 
energy user, Household with a high energy burden, and Non-Federal 
leveraged resources in alphabetical order; effective Jan. 8, 2001. For 
the convenience of the user, the revised and added text is set forth as 
follows:

Sec. 440.3  Definitions.

                                * * * * *

    Base temperature means the temperature used to compute heating and 
cooling degree days. The average daily outdoor temperature is subtracted 
from the base temperature to compute heating degree days, and the base 
temperature is subtracted from the average daily outdoor temperature to 
compute cooling degree days.

                                * * * * *

    Electric base-load measures means measures which address the energy 
efficiency and energy usage of lighting and appliances.

                                * * * * *

    High residential energy user means a low-income household whose 
residential energy expenditures exceed the median level of residential 
expenditures for all low-income households in the State.
    Household with a high energy burden means a low-income household 
whose residential energy burden (residential expenditures divided by the 
annual income of that household) exceeds the median level of energy 
burden for all low-income households in the State.

                                * * * * *

    Non-Federal leveraged resources means those benefits identified by 
State or local agencies to supplement the Federal grant activities and 
that are made available to or used in conjunction with the DOE 
Weatherization Assistance Program for the purposes of the Act for use in 
eligible low-income dwelling units.

                                * * * * *