[Code of Federal Regulations]
[Title 10, Volume 3]
[Revised as of January 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR430.75]

[Page 382-385]
 
                            TITLE 10--ENERGY
 
                    CHAPTER II--DEPARTMENT OF ENERGY
 
PART 430_ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS--Table of 
Contents
 
                 Subpart F_Certification and Enforcement
 
Sec. 430.75  Confidentiality.

    Pursuant to the provisions of 10 CFR 1004.11, any person submitting 
information or data which the person believes to be confidential and 
exempt law from public disclosure should submit one complete copy, and 
fifteen copies from which the information believed to be confidential 
has been deleted. In accordance with the procedures established at 10 
CFR 1004.11, DOE shall make its own determination with regard to any 
claim that information submitted be exempt from public disclosure.

                        OMB Control No. 1910-1400

     Appendix A to Subpart F of Part 430--Compliance Statement and 
                          Certification Report

                          COMPLIANCE STATEMENT

Product:________________________________________________________________
Manufacturer's or Private Labeler's Name and Address:

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

    This compliance statement and all certification reports submitted 
are in accordance with 10 CFR Part 430 (Energy or Water Conservation 
Program for Consumer Products) and the Energy Policy and Conservation 
Act, as amended. The compliance statement is signed by a responsible 
official of the above named company. The basic model(s) listed in 
certification reports comply with the applicable energy conservation 
standard or water (in the case of faucets, showerheads, water closets, 
and urinals) conservation standard. All testing on which the 
certification reports are based was conducted in conformance with 
applicable test requirements prescribed in 10 CFR part 430 subpart B. 
All information reported in the certification report(s) is true, 
accurate, and complete. The company is aware of the penalties associated 
with violations of the Act, the regulations thereunder, and is also 
aware of the provisions contained in 18 U.S.C. 1001, which prohibits 
knowingly making false statements to the Federal Government.

Name of Company Official:_______________________________________________
Signature:______________________________________________________________
Title:__________________________________________________________________
Firm or Organization:___________________________________________________
Address:________________________________________________________________
Telephone Number:_______________________________________________________
Facsimile Number:_______________________________________________________
Date:___________________________________________________________________

               Third Party Representation (if applicable)

    For certification reports prepared and submitted by a third party 
organization under the provisions of Sec. 430.62 of 10 CFR part 430, 
the company official who authorized said third party representation is:

Name:___________________________________________________________________
Title:__________________________________________________________________
Address:________________________________________________________________
Telephone Number:_______________________________________________________
Facsimile Number:_______________________________________________________

    The third party organization submitting the certification report on 
behalf of the company is:

Third Party Organization:_______________________________________________
Address:________________________________________________________________
Telephone Number:_______________________________________________________
Facsimile Number:_______________________________________________________

                          CERTIFICATION REPORT

Date:___________________________________________________________________
Product Type:___________________________________________________________
Product Class:__________________________________________________________
Manufacturer:___________________________________________________________
Private Labeler (if applicable):________________________________________
Name:___________________________________________________________________
Title:__________________________________________________________________
Address:________________________________________________________________
Telephone Number:_______________________________________________________
Facsimile Number:_______________________________________________________


[[Page 383]]

________________________________________________________________________
    For Existing, New, or Modified Models \1\:
---------------------------------------------------------------------------

    \1\ Provide specific product information including, for each basic 
model, the manufacturer's model numbers and the information required in 
Sec. 430.62(a)(4)(i) through (a)(4)(xvii)).
---------------------------------------------------------------------------

    For Discontinued Models \2\:
---------------------------------------------------------------------------

    \2\ Provide manufacturer's model number.

[63 FR 13321, Mar. 18, 1998]

   Appendix B to Subpart F of Part 430--Sampling Plan For Enforcement 
                                 Testing

                             Double Sampling

    Step 1. The first sample size (n1) must be four or more 
units.
    Step 2. Compute the mean (x1) of the measured energy 
performance or water performance (in the case of faucets, showerheads, 
water closets, and urinals) of the n1 units in the first 
sample as follows:
[GRAPHIC] [TIFF OMITTED] TR18MR98.010

where (x1) is the measured energy efficiency, energy or water 
(in the case of faucets, showerheads, water closets, and urinals) 
consumption of unit I.
    Step 3. Compute the standard deviation (s1) of the 
measured energy or water performance of the (n1) units in the 
first sample as follows:
[GRAPHIC] [TIFF OMITTED] TR18MR98.011

    Step 4. Compute the standard error (SX1) of 
the measured energy or water performance of the n1 units in 
the first sample as follows:
[GRAPHIC] [TIFF OMITTED] TR18MR98.012

    Step 5. Compute the upper control limit (UCL1) and lower 
control limit (LCL1) for the mean of the first sample using 
the applicable DOE energy or water performance standard (EPS) as the 
desired mean and a probability level of 95 percent (two-tailed test) as 
follows:
[GRAPHIC] [TIFF OMITTED] TR18MR98.013

[GRAPHIC] [TIFF OMITTED] TR18MR98.014

where t is a statistic based on a 95 percent two-tailed probability 
level and a sample size of n1.
    Step 6(a). For an Energy Efficiency Standard, compare the mean of 
the first sample (x1) with the upper and lower control limits 
(UCL1 and LCL1) to determine one of the following:
    (1) If the mean of the first sample is below the lower control 
limit, then the basic model is in noncompliance and testing is at an 
end. (Do not go on to any of the steps below.)
    (2) If the mean of the first sample is equal to or greater than the 
upper control limit, then the basic model is in compliance and testing 
is at an end. (Do not go on to any of the steps below.)
    (3) If the sample mean is equal to or greater than the lower control 
limit but less than the upper control limit, then no determination of 
compliance or noncompliance can be made and a second sample size is 
determined by Step 7(a).
    Step 6(b). For an Energy or Water Consumption Standard, compare the 
mean of the first sample (x1) with the upper and lower 
control limits (UCL1 and LCL1) to determine one of 
the following:
    (1) If the mean of the first sample is above the upper control 
limit, then the basic model is in noncompliance and testing is at an 
end. (Do not go on to any of the steps below.)
    (2) If the mean of the first sample is equal to or less than the 
lower control limit, then the basic model is in compliance and testing 
is at an end. (Do not go on to any of the steps below.)
    (3) If the sample mean is equal to or less than the upper control 
limit but greater than the lower control limit, then no determination of 
compliance or noncompliance can be made and a second sample size is 
determined by Step 7(b).
    Step 7(a). For an Energy Efficiency Standard, determine the second 
sample size (n2) as follows:
[GRAPHIC] [TIFF OMITTED] TR18MR98.015

    where s1 and t have the values used in Steps 4 and 5, 
respectively. The term ``0.05 EPS'' is the difference between the 
applicable energy efficiency standard and 95 percent of the standard, 
where 95 percent of the standard is taken as the lower control limit. 
This procedure yields a sufficient combined sample size 
(n1+n2) to give an estimated 97.5 percent 
probability of obtaining a determination of compliance when the true 
mean efficiency is equal to the applicable standard. Given the solution 
value of n2, determine one of the following:
    (1) If the value of n2 is less than or equal to zero and 
if the mean energy efficiency of the first sample (x1) is 
either equal to or greater

[[Page 384]]

than the lower control limit (LCL1) or equal to or greater 
than 95 percent of the applicable energy efficiency standard (EES), 
whichever is greater, i.e., if n2 <= 0 and x1 
= max (LCL1, 0.95 EES), the basic model is in 
compliance and testing is at an end.
    (2) If the value of n2 is less than or equal to zero and 
the mean energy efficiency of the first sample (x1) is less 
than the lower control limit (LCL1) or less than 95 percent 
of the applicable energy efficiency standard (EES), whichever is 
greater, i.e., if n2 <= 0 and x1 = max 
(LCL1, 0.95 EES), the basic model is in noncompliance and 
testing is at an end.
    (3) If the value of n2 is greater than zero, then value 
of the second sample size is determined to be the smallest integer equal 
to or greater than the solution value of n2 for equation 
(6a). If the value of n2 so calculated is greater than 20-
n1, set n2 equal to 20-n1.
    Step 7(b). For an Energy or Water Consumption Standard, determine 
the second sample size (n2) as follows:
[GRAPHIC] [TIFF OMITTED] TR18MR98.016

where s1 and t have the values used in Steps 4 and 5, 
respectively. The term ``0.05 EPS'' is the difference between the 
applicable energy or water consumption standard and 105 percent of the 
standard, where 105 percent of the standard is taken as the upper 
control limit. This procedure yields a sufficient combined sample size 
(n1+n2) to give an estimated 97.5 percent 
probability of obtaining a determination of compliance when the true 
mean consumption is equal to the applicable standard. Given the solution 
value of n2, determine one of the following:
    (1) If the value of n2 is less than or equal to zero and 
if the mean energy or water consumption of the first sample 
(x1) is either equal to or less than the upper control limit 
(UCL1) or equal to or less than 105 percent of the applicable 
energy or water performance standard (EPS), whichever is less, i.e., if 
n2 <= 0 and x1 <= min (UCL1, 1.05 EPS), 
the basic model is in compliance and testing is at an end.
    (2) If the value of n2 is less than or equal to zero and 
the mean energy or water consumption of the first sample (x1) 
is greater than the upper control limit (UCL1) or more than 
105 percent of the applicable energy or water performance standard 
(EPS), whichever is less, i.e., if n2 <= 0 and x1 
 min (UCL1, 1.05 EPS), the basic model is in 
noncompliance and testing is at an end.
    (3) If the value of n2 is greater than zero, then the 
value of the second sample size is determined to be the smallest integer 
equal to or greater than the solution value of n2 for 
equation (6b). If the value of n2 so calculated is greater 
than 20-n1, set n2 equal to 20-n1.
    Step 8. Compute the combined mean (x2) of the measured 
energy or water performance of the n1 and n2 units 
of the combined first and second samples as follows:
[GRAPHIC] [TIFF OMITTED] TR18MR98.017

    Step 9. Compute the standard error (Sx1) of the measured 
energy or water performance of the n1 and n2 units 
in the combined first and second samples as follows:
[GRAPHIC] [TIFF OMITTED] TR18MR98.018

    Note: s1 is the value obtained in Step 3.

    Step 10(a). For an Energy Efficiency Standard, compute the lower 
control limit (LCL2) for the mean of the combined first and 
second samples using the DOE energy efficiency standard (EES) as the 
desired mean and a one-tailed probability level of 97.5 percent 
(equivalent to the two-tailed probability level of 95 percent used in 
Step 5) as follows:
[GRAPHIC] [TIFF OMITTED] TR18MR98.019

where the t-statistic has the value obtained in Step 5.
    Step 10(b). For an Energy or Water Consumption Standard, compute the 
upper control limit (UCL2) for the mean of the combined first 
and second samples using the DOE energy or water performance standard 
(EPS) as the desired mean and a one-tailed probability level of 102.5 
percent (equivalent to the two-tailed probability level of 95 percent 
used in Step 5) as follows:
[GRAPHIC] [TIFF OMITTED] TR18MR98.020

where the t-statistic has the value obtained in Step 5.
    Step 11(a). For an Energy Efficiency Standard, compare the combined 
sample mean (x2) to the lower control limit (LCL2) 
to find one of the following:
    (1) If the mean of the combined sample (x2) is less than 
the lower control limit (LCL2) or 95 percent of the 
applicable energy efficiency standard (EES), whichever is greater, i.e., 
if x2 < max (LCL2, 0.95 EES), the basic model is 
in noncompliance and testing is at an end.
    (2) If the mean of the combined sample (x2) is equal to 
or greater than the lower control limit (LCL2) or 95 percent 
of the applicable energy efficiency standard (EES), whichever is 
greater, i.e., if x2 = max (LCL2, 0.95 
EES), the basic model is in compliance and testing is at an end.
    Step 11(b). For an Energy or Water Consumption Standard, compare the 
combined sample mean (x2) to the upper control limit 
(UCL2) to find one of the following:

[[Page 385]]

    (1) If the mean of the combined sample (x2) is greater 
than the upper control limit (UCL2) or 105 percent of the 
applicable energy or water performance standard (EPS), whichever is 
less, i.e., if x2  min (UCL2, 1.05 
EPS), the basic model is in noncompliance and testing is at an end.
    (2) If the mean of the combined sample (x2) is equal to 
or less than the upper control limit (UCL2) or 105 percent of 
the applicable energy or water performance standard (EPS), whichever is 
less, i.e., if x2 <= min (UCL2, 1.05 EPS), the 
basic model is in compliance and testing is at an end.

                       Manufacturer-Option Testing

    If a determination of non-compliance is made in Steps 6, 7 or 11, 
the manufacturer may request that additional testing be conducted, in 
accordance with the following procedures.
    Step A. The manufacturer requests that an additional number, 
n3, of units be tested, with n3 chosen such that 
n1+n2+n3 does not exceed 20.
    Step B. Compute the mean energy or water performance, standard 
error, and lower or upper control limit of the new combined sample in 
accordance with the procedures prescribed in Steps 8, 9, and 10, above.
    Step C. Compare the mean performance of the new combined sample to 
the revised lower or upper control limit to determine one of the 
following:
    a.1. For an Energy Efficiency Standard, if the new combined sample 
mean is equal to or greater than the lower control limit or 95 percent 
of the applicable energy efficiency standard, whichever is greater, the 
basic model is in compliance and testing is at an end.
    a.2. For an Energy or Water Consumption Standard, if the new 
combined sample mean is equal to or less than the upper control limit or 
105 percent of the applicable energy or water consumption standard, 
whichever is less, the basic model is in compliance and testing is at an 
end.
    b.1. For an Energy Efficiency Standard, if the new combined sample 
mean is less than the lower control limit or 95 percent of the 
applicable energy efficiency standard, whichever, is greater, and the 
value of n1+n2+n3 is less than 20, the 
manufacturer may request that additional units be tested. The total of 
all units tested may not exceed 20. Steps A, B, and C are then repeated.
    b.2. For an Energy or Water Consumption Standard, if the new 
combined sample mean is greater than the upper control limit or 105 
percent of the applicable energy or water consumption standard, 
whichever is less, and the value of 
n1+n2+n3 is less than 20, the 
manufacturer may request that additional units be tested. The total of 
all units tested may not exceed 20. Steps A, B, and C are then repeated.
    c. Otherwise, the basic model is determined to be in noncompliance.

[63 FR 13321, Mar. 18, 1998]