[Code of Federal Regulations]
[Title 10, Volume 3]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR431.21]

[Page 310-311]
 
                            TITLE 10--ENERGY
 
                    CHAPTER II--DEPARTMENT OF ENERGY
 
PART 431_ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL 
EQUIPMENT--Table of Contents
 
                        Subpart B_Electric Motors
 
Sec. 431.21  Procedures for recognition and withdrawal of recognition 
of accreditation bodies and certification programs.

    (a) Filing of petition. Any petition submitted to the Department 
pursuant to Sec. Sec. 431.19(a) or 431.20(a), shall be entitled 
``Petition for Recognition'' (``Petition'') and must be submitted, in 
triplicate to the Assistant Secretary for Energy Efficiency and 
Renewable Energy, U.S. Department of Energy, Forrestal Building, 1000 
Independence Avenue, SW., Washington, DC 20585-0121. In accordance with 
the provisions set forth in 10 CFR 1004.11, any request for confidential 
treatment of any information contained in such a Petition or in 
supporting documentation must be accompanied by a copy of the Petition 
or supporting documentation from which the information claimed to be 
confidential has been deleted.
    (b) Public notice and solicitation of comments. DOE shall publish in 
the Federal Register the Petition 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 on whether the Petition 
should be granted. The Department shall also make available for 
inspection and copying the Petition's supporting documentation from 
which confidential information, as determined by DOE, has been deleted 
in accordance with 10 CFR

[[Page 311]]

1004.11. Any person submitting written comments to DOE with respect to a 
Petition shall also send a copy of such comments to the petitioner.
    (c) Responsive statement by the petitioner. A petitioner may, within 
10 working days of receipt of a copy of any comments submitted in 
accordance with paragraph (b) of this section, respond to such comments 
in a written statement submitted to the Assistant Secretary for Energy 
Efficiency and Renewable Energy. A petitioner may address more than one 
set of comments in a single responsive statement.
    (d) Public announcement of interim determination and solicitation of 
comments. The Assistant Secretary for Energy Efficiency and Renewable 
Energy shall issue an interim determination on the Petition as soon as 
is practicable following receipt and review of the Petition and other 
applicable documents, including, but not limited to, comments and 
responses to comments. The petitioner shall be notified in writing of 
the interim determination. DOE shall also publish in the Federal 
Register the interim determination and shall solicit comments, data and 
information with respect to that interim determination. Written comments 
and responsive statements may be submitted as provided in paragraphs (b) 
and (c) of this section.
    (e) Public announcement of final determination. The Assistant 
Secretary for Energy Efficiency and Renewable Energy shall as soon as 
practicable, following receipt and review of comments and responsive 
statements on the interim determination, publish in the Federal Register 
a notice of final determination on the Petition.
    (f) Additional information. The Department may, at any time during 
the recognition process, request additional relevant information or 
conduct an investigation concerning the Petition. The Department's 
determination on a Petition may be based solely on the Petition and 
supporting documents, or may also be based on such additional 
information as the Department deems appropriate.
    (g) Withdrawal of recognition--(1) Withdrawal by the Department. If 
the Department believes that an accreditation body or certification 
program that has been recognized under Sec. Sec. 431.19 or 431.20, 
respectively, is failing to meet the criteria of paragraph (b) of the 
section under which it is recognized, the Department will so advise such 
entity and request that it take appropriate corrective action. The 
Department will give the entity an opportunity to respond. If after 
receiving such response, or no response, the Department believes 
satisfactory correction has not been made, the Department will withdraw 
its recognition from that entity.
    (2) Voluntary withdrawal. An accreditation body or certification 
program may withdraw itself from recognition by the Department by 
advising the Department in writing of such withdrawal. It must also 
advise those that use it (for an accreditation body, the testing 
laboratories, and for a certification organization, the manufacturers) 
of such withdrawal.
    (3) Notice of withdrawal of recognition. The Department will publish 
in the Federal Register a notice of any withdrawal of recognition that 
occurs pursuant to this paragraph.

                      Energy Conservation Standards