[Code of Federal Regulations]
[Title 10, Volume 3]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR431.27]

[Page 320-321]
 
                            TITLE 10--ENERGY
 
                    CHAPTER II--DEPARTMENT OF ENERGY
 
PART 431_ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL 
EQUIPMENT--Table of Contents
 
          Subpart B_Test Procedures and Materials Incorporated
 
Sec.  431.27  Department of Energy recognition of nationally recognized certification programs.

    (a) Petition. For a certification program to be classified by the 
Department of Energy as being nationally recognized in the United States 
for the purposes of section 345 of EPCA (``nationally recognized''), the 
organization operating the program must submit a petition to the 
Department requesting such classification, in accordance with paragraph 
(c) of this section and section 431.28 of this part. The petition must 
demonstrate that the program meets the criteria in paragraph (b) of this 
section.
    (b) Evaluation criteria. For a certification program to be 
classified by the Department as nationally recognized, it must meet the 
following criteria:
    (1) It must have satisfactory standards and procedures for 
conducting and administering a certification system, including periodic 
follow up activities to assure that basic models of electric motor 
continue to conform to the efficiency levels for which they were 
certified, and for granting a certificate of conformity.
    (2) It must be independent of electric motor manufacturers, 
importers, distributors, private labelers or vendors. It cannot be 
affiliated with, have financial ties with, be controlled by, or be under 
common control with any such entity.
    (3) It must be qualified to operate a certification system in a 
highly competent manner.
    (4) It must be expert in the content and application of the test 
procedures and methodologies in IEEE Standard 112-1996 Test Method B and 
CSA Standard C390-93 Test Method (1), or similar procedures and 
methodologies for determining the energy efficiency of electric motors. 
It must have satisfactory criteria and procedures for the selection and 
sampling of electric motors tested for energy efficiency.
    (c) Petition format. Each petition requesting classification as a 
nationally recognized certification program must contain a narrative 
statement as to why the program meets the criteria listed in paragraph 
(b) of this section, must be signed on behalf of the organization 
operating the program by an authorized representative, and must be 
accompanied by documentation that supports the narrative statement. The 
following provides additional guidance as to the specific criteria:
    (1) Standards and procedures. A copy of the standards and procedures 
for operating a certification system and for granting a certificate of 
conformity should accompany the petition.
    (2) Independent status. The petitioning organization should identify 
and describe any relationship, direct or indirect, that it or the 
certification program has with an electric motor manufacturer, importer, 
distributor, private labeler, vendor, trade association or other such 
entity, as well as any other relationship it believes might appear to 
create a conflict of interest for the certification program in operating 
a certification system for compliance by electric motors with energy 
efficiency standards. It should explain why it believes such 
relationship would not compromise its independence in operating a 
certification program.
    (3) Qualifications to operate a certification system. Experience in 
operating a certification system should be discussed and substantiated 
by supporting documents. Of particular relevance would be documentary 
evidence that establishes experience in the application of guidelines 
contained in the ISO/IEC Guide 65, General requirements for bodies 
operating product certification systems, ISO/IEC Guide 27, Guidelines 
for corrective action to be taken by a certification body in the event 
of either misapplication of its mark of conformity to a product, or 
products which bear the mark of the certification body being found to 
subject persons or property to risk, and ISO/IEC Guide 28, General rules 
for a model third-party certification system for products, as well as 
experience in overseeing compliance with the guidelines contained in the 
ISO/IEC Guide 25, General requirements for the competence of calibration 
and testing laboratories.
    (4) Expertise in electric motor test procedures. The petition should 
set forth the

[[Page 321]]

program's experience with the test procedures and methodologies in IEEE 
Standard 112-1996 Test Method B and CSA Standard C390-93 Test Method 
(1), and with similar procedures and methodologies. This part of the 
petition should include description of prior projects, qualifications of 
staff members, and the like. Of particular relevance would be 
documentary evidence that establishes experience in applying guidelines 
contained in the ISO/IEC Guide 25, General requirements for the 
competence of calibration and testing laboratories, to energy efficiency 
testing for electric motors.
    (d) Disposition. The Department will evaluate the petition in 
accordance with Sec.  431.28, and will determine whether the applicant 
meets the criteria in paragraph (b) of this section for classification 
as a nationally recognized certification program.