[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: 10CFR431.29]
[Page 322-325]
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. 431.29 Petitions for waiver, and applications for interim waiver,
of test procedure.
(a) General criteria. (1) Any interested person may submit a
petition to waive for a particular basic model any requirements of Sec.
431.23 of this subpart, upon the grounds that either the basic model
contains one or more design characteristics which either prevent testing
of the basic model according to the prescribed test procedures, or the
prescribed test procedures may evaluate the basic model in a manner so
unrepresentative of its true energy consumption characteristics as to
provide materially inaccurate comparative data.
(2) Any interested person who has submitted a Petition for Waiver as
provided in this subpart may also file an Application for Interim Waiver
of the applicable test procedure requirements.
(b) Submission, content, and publication. (1) A Petition for Waiver
must be submitted, in triplicate, to the Assistant Secretary for Energy
Efficiency and Renewable Energy, United States Department of Energy.
Each Petition for Waiver shall:
(i) Identify the particular basic model(s) for which a waiver is
requested, the design characteristic(s) constituting the grounds for the
petition, and the specific requirements sought to be waived and shall
discuss in detail the need for the requested waiver;
(ii) Identify manufacturers of all other basic models marketed in
the United States and known to the petitioner to incorporate similar
design characteristic(s);
(iii) Include any alternate test procedures known to the petitioner
to evaluate in a manner representative of the energy consumption
characteristics of the basic model; and
(iv) Be signed by the petitioner or by an authorized representative.
In accordance with the provisions set forth in 10 CFR 1004.11, any
request for confidential treatment of any information contained in a
Petition for Waiver or in supporting documentation must be accompanied
by a copy of the petition, application or supporting documentation from
which the information claimed to be confidential has been deleted. DOE
shall publish in the Federal Register the petition and supporting
documents from which confidential information, as determined by DOE, has
been deleted in accordance with 10 CFR 1004.11 and shall solicit
comments, data and information with respect to the determination of the
petition.
(2) An Application for Interim Waiver must be submitted in
triplicate, with the required three copies of the Petition for Waiver,
to the Assistant Secretary for Energy Efficiency and Renewable Energy,
U.S. Department of Energy. Each Application for Interim Waiver shall
reference the Petition for Waiver by identifying the particular basic
model(s) for which a waiver and temporary exception are being sought.
Each Application for Interim Waiver shall demonstrate likely success of
the Petition for Waiver and shall address
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what economic hardship and/or competitive disadvantage is likely to
result absent a favorable determination on the Application for Interim
Waiver. Each Application for Interim Waiver shall be signed by the
applicant or by an authorized representative.
(c) Notification to other manufacturers. (1) Each petitioner, after
filing a Petition for Waiver with DOE, and after the Petition for Waiver
has been published in the Federal Register, must, within five working
days of such publication, notify in writing all known manufacturers of
domestically marketed units of the same product type (as listed in
section 340(1) of the Act) and must include in the notice a statement
that DOE has published in the Federal Register on a certain date the
Petition for Waiver and supporting documents from which confidential
information, if any, as determined by DOE, has been deleted in
accordance with 10 CFR 1004.11. Each petitioner, in complying with the
requirements of this paragraph, must file with DOE a statement
certifying the names and addresses of each person to whom a notice of
the Petition for Waiver has been sent.
(2) Each applicant for Interim Waiver, whether filing jointly with,
or subsequent to, a Petition for Waiver with DOE, must concurrently
notify in writing all known manufacturers of domestically marketed units
of the same product type (as listed in Section 340(1) of the Act) and
must include in the notice a copy of the Petition for Waiver and a copy
of the Application for Interim Waiver. In complying with this section,
each applicant must in the written notification include a statement that
the Assistant Secretary for Energy Efficiency and Renewable Energy will
receive and consider timely written comments on the Application for
Interim Waiver. Each applicant, upon filing an Application for Interim
Waiver, must in complying with the requirements of this paragraph
certify to DOE that a copy of these documents have been sent to all
known manufacturers of domestically marked units of the same product
type (as listed in section 340(1) of the Act). Such certification must
include the names and addresses of such persons. Each applicant also
must comply with the provisions of paragraph (c)(1) of this section with
respect to the petition for waiver.
(d) Comments; responses to comments. (1) Any person submitting
written comments to DOE with respect to an Application for Interim
Waiver must also send a copy of the comments to the applicant.
(2) Any person submitting written comments to DOE with the respect
to a Petition for Waiver must also send a copy of such comments to the
petitioner. In accordance with subparagraph (b)(1) of this section, a
petitioner may submit a rebuttal statement to the Assistant Secretary
for Energy Efficiency and Renewable Energy.
(e) Provisions specific to interim waivers. (1) Disposition of
application. If administratively feasible, applicant will be notified in
writing of the disposition of the Application for Interim Waiver within
15 business days of receipt of the application. Notice of DOE's
determination on the Application for Interim Waiver must be published in
the Federal Register.
(2) Consequences of filing application. The filing of an Application
for Interim Waiver shall not constitute grounds for noncompliance with
any requirements of this subpart, until an Interim Waiver has been
granted.
(3) Criteria for granting. An Interim Waiver from test procedure
requirements will be granted by the Assistant Secretary for Energy
Efficiency and Renewable Energy if it is determined that the applicant
will experience economic hardship if the Application for Interim Waiver
is denied, if it appears likely that the Petition for Waiver will be
granted, and/or the Assistant Secretary determines that it would be
desirable for public policy reasons to grant immediate relief pending a
determination on the Petition for Waiver.
(4) Duration. An interim waiver will terminate 180 days after
issuance or upon the determination on the Petition for Waiver, whichever
occurs first. An interim waiver may be extended by DOE for 180 days.
Notice of such extension and/or any modification of the terms or
duration of the interim waiver shall be published in the Federal
Register, and shall be based on relevant information contained in the
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record and any comments received subsequent to issuance of the interim
waiver.
(f) Provisions specific to waivers--(1) Rebuttal by petitioner.
Following publication of the Petition for Waiver in the Federal
Register, a petitioner may, within 10 working days of receipt of a copy
of any comments submitted in accordance with paragraph (b)(1) of this
section, submit a rebuttal statement to the Assistant Secretary for
Energy Efficiency and Renewable Energy. A petitioner may rebut more than
one response in a single rebuttal statement.
(2) Disposition of petition. The petitioner will be notified in
writing as soon as practicable of the disposition of each Petition for
Waiver. The Assistant Secretary for Energy Efficiency and Renewable
Energy will issue a decision on the petition as soon as is practicable
following receipt and review of the Petition for Waiver and other
applicable documents, including, but not limited to, comments and
rebuttal statements.
(3) Consequence of filing petition. The filing of a Petition for
Waiver will not constitute grounds for noncompliance with any
requirements of this subpart, until a waiver or interim waiver has been
granted.
(4) Granting of waivers: criteria, conditions, and publication.
Waivers will be granted by the Assistant Secretary for Energy Efficiency
and Renewable Energy, if it is determined that the basic model for which
the waiver was requested contains a design characteristic which either
prevents testing of the basic model according to the prescribed test
procedures, or the prescribed test procedures may evaluate the basic
model in a manner so unrepresentative of its true energy consumption
characteristics as to provide materially inaccurate comparative data.
Waivers may be granted subject to conditions, which may include
adherence to alternate test procedures specified by the Assistant
Secretary for Energy Efficiency and Renewable Energy. The Assistant
Secretary will promptly publish in the Federal Register notice of each
waiver granted or denied, and any limiting conditions of each waiver
granted.
(g) Revision of regulation. Within one year of the granting of any
waiver, the Department of Energy will publish in the Federal Register a
notice of proposed rulemaking to amend its regulations so as to
eliminate any need for the continuation of such waiver. As soon
thereafter as practicable, the Department of Energy will publish in the
Federal Register a final rule. Such waiver will terminate on the
effective date of such final rule.
(h) Exhaustion of remedies. In order to exhaust administrative
remedies, any person aggrieved by an action under this section must file
an appeal with the DOE's Office of Hearings and Appeals as provided in
10 CFR Part 1003, subpart C.
Appendix A to Subpart B of Part 431--Uniform Test Method for Measuring
Nominal Full Load Efficiency of Electric Motors
1. Definitions.
Definitions contained in section 431.2 are applicable to this
appendix.
2. Test procedures.
Efficiency and losses shall be determined in accordance with NEMA
MG1-1993 with Revisions 1 through 4, paragraph 12.58.1, ``Determination
of Motor Efficiency and Losses,'' and either
(1) CSA International (or Canadian Standards Association) Standard
C390-93 Test Method (1), Input-Output Method with Indirect Measurement
of the Stray-Load Loss and Direct Measurement of the Stator Winding
(I2R), Rotor Winding (I2R), Core and Windage-
Friction Losses, or
(2) IEEE Standard 112-1996 Test Method B, Input-Output with Loss
Segregation, with IEEE correction notice of January 20, 1998, except as
follows:
(i) Page 8, subclause 5.1.1, Specified temperature, the introductory
clause does not apply. Instead the following applies:
The specified temperature used in making resistance corrections
should be determined by one of the following (Test Method B only allows
the use of preference a) or b).), which are listed in order of
preference.
(ii) Page 17, subclause 6.4.1.3, No-load test, the text does not
apply. Instead, the following applies:
See 5.3 including 5.3.3, the separation of core loss from friction
and windage loss. Prior to making this test, the machine shall be
operated at no-load until the input has stabilized.
(iii) Page 40, subclause 8.6.3, Termination of test, the third
sentence does not apply. Instead, the following applies:
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For continuous rated machines, the temperature test shall continue
until there is 1 [deg]C or less change in temperature rise over a 30-
minute time period.
(iv) Page 47, at the top of 10.2 Form B, immediately after the line
that reads ``Rated Load Heat Run Stator Winding Resistance Between
Terminals,'' the following additional line applies:
Temperature for Resistance Correction (ts) = ---- [deg]C
(See 6.4.3.2).
(v) Page 47, at the bottom of 10.2 Form B, after the first sentence
to footnote tt, the following additional sentence applies:
The values for ts and tt shall be based on the
same method of temperature measurement, selected from the four methods
in subclause 8.3.
(vi) Page 47, at the bottom of 10.2 Form B, below the footnotes and
above ``Summary of Characteristics,'' the following additional note
applies:
Note: The temperature for resistance correction (ts) is
equal to [(4)-(5) + 25 [deg]C].
(vii) Page 48, item (22), the torque constants ``k = 9.549 for
torque, in N[middot]m'' and ``k = 7.043 for torque, in lbf[middot]ft''
do not apply. Instead, the following applies:
``k2 = 9.549 for torque, in N[middot]m'' and
``k2 = 7.043 for torque, in lbf[middot]ft.''
(viii) Page 48, at the end of item (27), the following additional
reference applies:
``See 6.4.3.2''.
(ix) Page 48, item (29), ``See 4.3.2.2, Eq. 4,'' does not apply.
Instead the following applies:
Is equal to (10) [middot] [k1 + (4) - (5) + 25 [deg]C] /
[k1 + (7)], see 6.4.3.3''.
3. Amendments to test procedures.
Any revision to IEEE Std 112-1996 Test Method B with correction
notice of January 20, 1998, to NEMA Standards Publication MG1-1993 with
Revisions 1 through 4, or to CSA Standard C390-93 Test Method (1),
subsequent to promulgation of this appendix A, shall not be effective
for purposes of test procedures required under part 431 and this
appendix A, unless and until part 431 and this appendix A are amended.