Title 10--ENERGY
Chapter II--DEPARTMENT OF ENERGY


Source: 39 FR 35472, Mar. 13, 1974, unless otherwise noted. (a) This subpart sets forth the procedures to be followed when a subpoena, order, or...


disclosure prohibited unless approved by appropriate DOE official. No employee or former employee of the DOE shall, in response to a demand of a court or other...


event of a demand for production or disclosure. (a) Whenever a demand is made upon an employee or former employee of the DOE for the production of material or the...


the appropriate DOE official. If the General Counsel approves a demand for the production of material or disclosure of information, he shall so notify the Regional...


decision concerning a demand is not made prior to the time a response to the demand is required. If response to the demand is required before the instructions from...


event of an adverse ruling. If the court or other authority declines to stay the effect of the demand in response to a request made in accordance with Sec....


sanctions that are available in proceedings before the Department of Energy and State Offices, in accordance with parts 209 through 214 of this chapter. Any exception,...


part, unless otherwise provided. In addition, as used in this part, the term: Action means an order, interpretation, notice of probable violation or ruling issued, or...


appearances in the discretion of the DOE, and participate in any proceeding described in this part on his own behalf or by a duly authorized representative. Any...


petition and other documents submitted in connection therewith, filed with the DOE or a State Office under this chapter is considered to be filed when it has...


any period of time prescribed or allowed by these regulations or by an order of the DOE or a State Office, the day of the act, event, or default from which the...


[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: 10CFR205.6] [Page 10] TITLE 10--ENERGY CHAPTER II--DEPARTMENT OF ENERGY PART 205_ADMINISTRATIVE PROCEDURES AND SANCTIONS--Table of Contents Subpart A_General Provisions Sec. 205.6 Extension of time. When a document is required to be filed within a prescribed time, an extension of time to file may be granted by the office with which the document is required to be filed upon good cause shown. ...


under this part shall be served personally or by registered or certified mail or by regular United States mail (only when service is effected by the DOE or a State Office), except...


have the definitions indicated unless otherwise provided. (1) ``DOE Official'' means the Secretary of the Department of Energy, the Administrator of the Economic...


to all documents required or permitted to be filed with the DOE or with a State Office. (b) Signing. All applications, petitions, requests, appeals, comments or...


effective as against all persons having actual notice thereof upon issuance, in accordance with its terms, unless and until it is stayed, modified, suspended, or rescinded....


this part and any other provision of this chapter, the provisions of this part shall control with respect to procedure. (b) Notwithstanding paragraph (a) of this...


reports, DOE or FEO forms, written communications and other documents to be submitted to or filed with the DOE National Office in accordance with this chapter shall...


all documents to be filed with the ERA pursuant to this part shall be filed with the appropriate ERA Regional Office (unless otherwise specified in part 211 of this...


of probable violation or other directives issued, all proceedings initiated, and all other actions taken in accordance with part 205 as it existed prior to the effective...


NW., Washington, DC, a public docket room in which shall be made available for public inspection and copying: (a) A list of all persons who have applied for...


for an interpretation and for the consideration of such request. Responses, which may include verbal or written responses to general inquiries or to other than...


should be clearly labeled as such both on the request and on the outside of the envelope in which the request is transmitted, and shall be in writing and signed by...


delegate or with the appropriate Regional Counsel at the address provided in Sec. 205.12. (Emergency Petroleum Allocation Act of 1973, Pub. L. 93-159, as amended, Pub....


pertaining to the circumstances, [[Page 18]] act or transaction that is the subject of the request and to the DOE action sought. Such facts shall include the...


a request and utilize in its evaluation any relevant facts obtained by such investigation. The DOE may accept submissions from third persons relevant to any request...


interpretation and other relevant information received or obtained during the proceeding. (b) The interpretation shall contain a statement of the information...


Act of 1973, Pub. L. 93-159, as amended, Pub. L. 93-511, Pub. L. 94-99, Pub. L. 94-133, Pub. L. 94-163, and Pub. L. 94-385, Federal Energy Administration Act of 1974,...


by the General Counsel. All rulings shall be published in the Federal Register. Any person is entitled to rely upon such ruling, to the extent provided in...


there have been a substantial number of inquiries with regard to similar factual situations or a particular section of the regulations. (b) The General Counsel...


the modification or rescission in the Federal Register; or (2) A rulemaking proceeding in accordance with subpart L of this part. (b) Unless and until a...


[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: 10CFR205.153] [Page 20] TITLE 10--ENERGY CHAPTER II--DEPARTMENT OF ENERGY PART 205_ADMINISTRATIVE PROCEDURES AND SANCTIONS--Table of Contents Subpart K_Rulings Sec. 205.153 Comments. A written comment on or objection to a published ruling may be filed at any time with the General Counsel at the address specified in Sec. 205.12. ...


[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: 10CFR205.154] [Page 20] TITLE 10--ENERGY CHAPTER II--DEPARTMENT OF ENERGY PART 205_ADMINISTRATIVE PROCEDURES AND SANCTIONS--Table of Contents Subpart K_Rulings Sec. 205.154 Appeal. There is no administrative appeal of a ruling. Subpart L [Reserved] ...


conducting a DOE conference, hearing, or public hearing. Such proceedings shall be convened in the discretion of the DOE, consistent with the requirements of...


on its own initiative or upon request by a person, when it appears that such conference will materially advance the proceeding. The determination as to who may attend...


its own initiative or upon request by a person, when it appears that such hearing will materially advance the proceedings. The determination as to who may attend a...


(1) When the proposed rule or regulation is likely to have a substantial impact on the Nation's economy or large numbers of individuals or businesses; or (2)...


Authority: Emergency Petroleum Allocation Act of 1973, Pub. L. 93- 159, as amended, Pub. L. 93-511, Pub. L. 94-99, Pub. L. 94-133, Pub. L. 94-163, and Pub. L....


(a) If the ERA finds, after the 30-day or other period authorized for reply to the Notice of Probable Violation, that a violation has occurred, is continuing, or...


(a) In a Proposed Remedial Order proceeding the ERA has the burden of establishing a prima facie case as to the validity of the findings of fact and conclusions of...


(a) Within 15 days after publication of the notice of a Proposed Remedial Order in the Federal Register any aggrieved person may file a Notice of Objection to...


supplemental information. Within 20 days after service of a Notice of Objection to a Proposed Remedial Order the ERA may serve, upon the person to whom the...


service list. (a) Upon receipt of a Notice of Objection, the Office of Hearings and Appeals shall publish a notice in the Federal Register which states the...


of all submissions. (a)(1) Statements of Objections, Responses to such Statements, and any motions or other documents filed in connection with a proceeding shall...


(a) A person who has filed a Notice of Objection shall file a Statement of Objections to a Proposed Remedial Order within 40 days after service of the Notice...


objections; reply. (a) Within 30 days after service of a Statement of Objections each participant may file a Response. If any motions are served with the...


(a) If a person intends to file a Motion for Discovery, he must file it at the same time that he files his Statement of Objections or at the same time he files his Response...


A participant who has unsuccessfully attempted in writing to obtain information that another participant claims is confidential may file a Motion for Discovery...


(a) Filing Requirements. At the time a person files a Statement of Objections he may also file a motion requesting an evidentiary hearing be convened. A...


purpose of oral argument only. (a) A participant is entitled upon timely request to a hearing to present oral argument with respect to the Proposed Remedial Order,...


(a) After considering all information received during the proceeding, the Director of the Office of Hearings and Appeals or his designee may issue a final Remedial...


order to FERC. (a) The person to whom a Remedial Order is issued by the Office of Hearings and Appeals may file an administrative appeal if the Remedial...


(a) No person who is not employed or otherwise supervised by the Office of Hearings and Appeals shall submit ex parte communications to the Director or any...


Interim and Ancillary Orders. The Director of the Office of Hearings and Appeals or his designee may permit upon motion any document or submission referred to in...


to administrative appeal. A Notice of Probable Violation, Notice of Proposed Disallowance, Proposed Remedial Order or Interim Remedial Order for Immediate...


(a) A Remedial Order, a Remedial Order for Immediate Compliance, an Order of Disallowance, or a Consent Order may require the person to whom it is directed to roll...


(a) Notwithstanding any other provision of this subpart, the DOE may at any time resolve an outstanding compliance investigation or proceeding, or a proceeding...


Order 10485, as amended by Executive Order 12038; Federal Energy Administration Act of 1974, Pub. L. 93-275, as amended; Pub. L. 94-332, Pub. L. 94-385, Pub. L....


(1) No interested person shall make an off-the-record communication or knowingly cause an off-the-record communication to be made to any decisional employee. ...


92-210; Emergency Petroleum Allocation Act of 1973, Pub. L. 93-159, as amended, Pub. L. 93-511, Pub. L. 94-99, Pub. L. 94-133, Pub. L. 94-163, and Pub. L. 94-385, Federal...


the issuance of a Remedial Order (including for purposes of this subpart a Remedial Order for Immediate Compliance and an Order of Disallowance), or a Consent Order, the...


the Petition, the Director of the Office of Hearings and Appeals or his designee shall issue a Proposed Decision and Order. The Proposed Decision and Order shall...


a final Decision and Order issued pursuant to Sec. 205.282 may file an Application for Refund. All Applications must be signed by the applicant and specify the DOE order to...


Appeals may appoint an administrator to evaluate Applications under guidelines established by the Office of Hearings and Appeals. The administrator, if he is not a...


be filed no later than the date that the Office of Hearings and Appeals establishes pursuant to Sec. 205.283(b). Any Application that is not filed on a timely basis may...


by the Office of Hearings and Appeals or its designee in a given case shall not exceed the amount to be remitted pursuant to the relevant DOE enforcement order, plus...


refund procedures specified in this subpart, the Director of the Office of Hearings and Appeals or his designee shall issue an order providing for the custody of the funds to...


or his designee may issue any interim or ancillary orders, or make any rulings or determinations to ensure that refund proceedings, including the actions of the...


Authority: Department of Energy Organization Act, Pub. L. No. 95-91, 91 Stat. 565 (42 U.S.C. Section 7101). Federal Power Act, Pub. L. 66- 280, 41 Stat. 1063 (16 U.S.C....


Each application should be made at least six months in advance of the initiation of the proposed electricity export, except when otherwise...


Every application shall contain the following information set forth in the order indicated below: (a) The exact legal name of the applicant. (b) The...


There shall be filed with the application and as a part thereof the following exhibits: (a) Exhibit A. A copy of the agreement or proposed agreement under which...


Where the application is for authority to export less than 1,000,000 kilowatt hours annually, applicants need [[Page 37]] not furnish the information...


(a) An authorization to transmit electric energy from the United States to a foreign country granted by order of the ERA under section 202(e) of the Federal Power Act shall...


No authorization granted pursuant to section 202(e) of the Act shall be deemed to prevent an authorization from being granted to any other person or entity...


copies An original and two conformed copies of an application containing the information required under Sec. Sec. 205.300 through 205.309 must...


reports. (a) Persons authorized to transmit electric energy from the United States shall promptly file all supplements, notices of succession in ownership...


fees. Applications shall be addressed to the Office of Utility Systems of the Economic Regulatory Administration. Every application shall be accompanied by a fee...


(a) Any person, firm, co-operative, corporation or other entity who operates an electric power transmission or distribution facility crossing the border of the United...


Pursuant to the DOE's responsibility under the National Environmental Policy Act, the DOE must make an environmental determination of the proposed action. If, as a result...


Every application shall be accompanied by a fee prescribed in Sec. 205.326 of this subpart and shall provide, in the order indicated, the following: ...


(a) Neither a permit issued by the ERA pursuant to Executive Order 10485, as amended, nor the facility shall be transferable or assignable. Provided written notice is...


copies. All applicants shall file an original and two conformed copies of the application and all accompanying documents required under Sec. Sec. 205.320...


Persons receiving permits to construct, connect, operate or maintain electric transmission facilities at international boundaries shall submit to the ERA, by February 15...


fees. Applications shall be forwarded to the Office of Utility Systems of the Economic Regulatory Administration and shall be accompanied by a filing fee of $150....


The applicant may be required after filing the application to furnish such supplemental information as the ERA may deem pertinent. Such requests shall be written and a...


for Presidential Permits--Alternative 1. (a) NEPA Compliance. Except as provided in paragraphs (c) and (e) of this section, when an applicant seeks a...


for Presidential Permits--Alternative 2. (a) NEPA Compliance. Except as provided in paragraph (b) and (e) of this section, applicants seeking Presidential Permits...


The purpose of this rule is to establish a procedure for the Office of International Affairs and Energy Emergencies (IE) to obtain current information regarding...


For the purpose of this section, a report or a part of a report may be made jointly by two or more entities. Every electric utility or other entity engaged in...


The emergency situation data shall be supplied to the DOE Emergency Operations Center in accordance with the current DOE pamphlet on reporting procedures....


reports. If directed by the Director, Office of Energy Emergency Operations in writing and noticed in the Federal Register, a utility or other subject...


Sections 202(c) and 202(d) of the Federal Power Act are applicable to any ``entity'' which owns or operates electric power generation, transmission or distribution facilities....


``Emergency,'' as used herein, is defined as an unexpected inadequate supply of electric energy which may result from the unexpected outage or breakdown of...


of copies. An original and two conformed copies of the applications and reports required under Sec. Sec. 205.370 through 205.379 shall be filed with the Division...


Every application for an emergency order shall set forth the following information as required. This information shall be considered by the DOE in determining that...


in the application. Each ``entity'' designated as a potential source of emergency assistance or as a potential supplier of transmission services and...


fuel or energy supply. An inadequate utility system fuel inventory or energy supply is a matter of managerial and engineering judgment based on such factors...


The applicant and the generating or transmitting systems from which emergency service is requested are encouraged to utilize the rates and charges contained in...


In addition to the information specified below, the DOE may require additional reports as it deems necessary. (a) Where the DOE has authorized the temporary connection...


facilities. Upon the termination of any emergency for the mitigation of which the DOE ordered the construction of temporary facilities, such facilities shall...


the installation of permanent facilities for emergency use only. Application for DOE approval of a permanent connection for emergency use only shall conform with...


this subpart is to set forth the manner in which energy information which the Administrator is authorized to obtain by sections 11 (a) and (b) of ESECA will...


Administrator means the Federal Energy Administrator of his delegate. Energy information includes all information in whatever form on (1) fuel...


ESECA. (a) Whenever the Administrator determines that: (1) Certain energy information is necessary to assist in the formulation of energy policy or to carry...


(a) Information obtained by the DOE under authority of ESECA shall be available to the public in accordance with the provisions of part 202 of this chapter. Upon a...


circumvents or contravenes or results in a circumvention or contravention of the requirements of any provision of this subpart or any order issued pursuant thereto is a violation...


(a) Purpose and scope. (1) This section establishes the procedures for determining the nature and extent of violations of this subpart and the procedures...


and sanctions shall be deemed cumulative and not mutually exclusive. (2) Each day that a violation of the provisions of this subpart or any order issued...


subpoenas; contempt. Any United States district court within the jurisdiction of which any inquiry is carried on may, upon petition by the Attorney General at the request of...


and rulemaking. Applications for exceptions, exemptions or requests for interpretations relating to this subpart shall be filed in accordance with the...


(EPCA) authorizing the Administrator to prescribe standards and procedures by which persons engaged in the business of producing, transporting, refining, distributing,...


in DOE or the Administrator under these regulations may be delegated to any regular full-time employee of the Department of Energy, and, by agreement, to any regular...


the Department of Energy. (b) Information and allocation provisions of the International Energy Program means the provisions of chapter V of the Program relating to...


persons engaged in the business of producing, transporting, refining, distributing. or storing petroleum products shall develop voluntary agreements which are required...


involving two or more potential participants shall be initiated and chaired by the Administrator or other regular full-time Federal employee designated by him. ...


subpart shall be open to all interested persons. Interested persons desiring to attend meetings under this subpart may be required pursuant to notice to advise the...


meeting held pursuant to this subpart. (b)(1) Except as provided in paragraphs (b) (2) through (4) of this section, potential participants shall keep a full and...


This subpart establishes the standards and procedures by which persons engaged in the business of producing, transporting, refining, distributing, or storing petroleum...


(a) Except for meetings of bodies created by the International Energy Agency, any meeting among participants in a voluntary agreement pursuant to this subpart, for the purpose...


(a) Subject to the provisions of paragraph (c) of this section, meetings held to carry out a voluntary agreement, or to develop or carry out a plan of action pursuant to this...


(a) The Administrator or his delegate shall keep a verbatim transcript of any meeting held pursuant to this subpart except where (1) due to considerations of time or...


meetings and communications. (a) Except as provided in paragraph (b) of this section, records or transcripts prepared pursuant to this subpart shall be available...


meetings and communications. (a) Except as provided in paragraph (b) of this section, records or transcripts prepared pursuant to this subpart shall be available...
...


after 1980, the project operator with respect to any enhanced oil recovery project for which a report had been filed previously with DOE pursuant to paragraph (h)(2)(i) of...


to furnish information concerning foreign crude oil supply arrangements. The authority set out in this section is not...


the Department of Energy. Host government means the government of the country in which crude oil is produced and includes any entity which it controls, directly...


or purchase, from any country, from fields actually in production, (1) an average of 150,000 barrels per day or more of crude oil for a period of at least one year, or...


necessary to assist in the formulation of energy policy or to carry out any other function of the Administrator, he may require the production by any person of any agreement...


country shall report to the DOE within 30 days of the date on which he receives actual notice: (a) Any change (including changes in the timing of collection) by the...


any supply arrangement subject to reporting pursuant to Sec. 215.3(a), or may reasonably have a significant effect on the terms and conditions of an arrangement subject to...


by the Department of Energy (``DOE'') in considering and making certain findings required by section 101(c)(3) of the Defense Production Act of 1950, as amended, 50 U.S.C....


the Department of Energy. (b) Applicant means a person requesting priorities or allocation assistance in connection with an energy program or project. (c)...


a program or project which may qualify as an eligible energy program or project and wishing to receive assistance as authorized by DPA section 101(c)(1) may submit...


the applicant and other available information, DOE will assess the application and (1) determine whether or not the energy program or project in connection with which...


materials and equipment, for which an applicant requested assistance, are critical and essential to an eligible energy program or project, and in such cases will forward to...


with Sec. 216.4, does not determine that the energy program or project maximizes domestic energy supplies or does not find that the supplies of materials and...


DPA section 101(c) creates or threatens to create a conflict with priorities and allocation support provided in connection with the national defense pursuant to DPA...


addressed to: Department of Energy, Procurement and Assistance Management Directorate, Attn: MA-422, Forrestal Building, 1000 Independence Avenue, SW., Washington,...


material fact in the course of the application process or in a petition for reconsideration is guilty of a crime, and upon conviction may be punished by fine or imprisonment...


Conservation Act (Pub. L. 94-163) (42 U.S.C. 6271), as amended, which authorizes the President to take such action as he determines to be necessary for performance of...


International Energy Program has been activated; and, (2) The President has transmitted this rule to Congress, has found putting such rule into effect is required in order...


Act (Pub. L. 95-91), and includes the Secretary of Energy or his delegate. EPCA means the Energy Policy and Conservation Act (Pub. L. 94-163),...


emergency exists, firms engaged in producing, transporting, refining, distributing, or storing oil shall take such actions as are determined by the DOE to be necessary...


actions specified therein relating to supplying the stated volume of oil to a specified recipient including, but not limited to, distributing, producing, storing,...


be based on the price conditions prevailing for comparable commercial transactions at the time the supply order is served. Subpart...


supply orders. They shall be exclusive of any other procedures contained in this chapter, unless such other procedures are specifically made applicable hereto by...


hereby made applicable to this part: (a) Subpart A-- General Provisions; Provided, that Sec. 205.11 shall not apply; and Provided further, that in addition to...


of an application for review of a supply order. An application for review is a summary proceeding which will be initiated only if the critieria described in paragraph (g)(2)...


applicant has made a compelling showing that it would incur serious and irreparable injury unless immediate stay relief is granted pending determination of an application for...


be submitted to: Administrator, Economic Regulatory Administration, Department of Energy, 2000 M Street, NW., Washington, DC 20461, and to the Director, Office of Hearings...


relating to the scope, nature and extent of compliance by any person with the rules, regulations or statutes of the DOE or any order promulgated by the DOE under...


the circumvention or contravention of the requirements of any provision of this part 218 or any order issued pursuant thereto is a violation of the DOE regulations stated...


this part 218 or any order issued pursuant thereto shall be subject to penalties and sanctions as provided herein. (1) The provisions herein for penalties and sanctions...


engaged, is engaging, or is [[Page 76]] about to engage in any act or practice constituting a violation of any regulation or order issued under this part 218, the...


sets forth the procedures to be utilized by the Economic Regulatory Administration of the Department of Energy and the Department of Defense whenever the priority supply of crude...


part applies to the mandatory supply of crude oil, refined petroleum products (including liquefied petroleum gases) and lubricants to the Department of Defense for its own use or...


[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: 10CFR221.11] [Page 76] TITLE 10--ENERGY CHAPTER II--DEPARTMENT OF ENERGY PART 221_PRIORITY SUPPLY OF CRUDE OIL AND PETROLEUM PRODUCTS TO THE DEPARTMENT OF DEFENSE UNDER THE DEFENSE PRODUCTION ACT--Table of Contents Subpart B_Exclusions Sec. 221.11 Natural gas and ethane. The supply of natural gas and ethane are excluded from this part. ...


For purposes of this part-- Directive means an official action taken by ERA which requires a named person to take an action in accordance with its provisions. DOD...


(a) When DOD finds that (1) a fuel supply shortage for DOD exists or is anticipated which would have a substantial negative impact on the national defense, and...


DOD request. (a) Upon receipt of a request from DOD for a priority rating as provided in Sec. 221.31, it shall be reviewed promptly by ERA. The ERA will assess...


(a) Issuance. If ERA determines that issuance of a priority rating for a crude oil or refined petroleum product is necessary to provide the crude oil or petroleum products...


Defense against claims for damages. No person shall be liable for damages or penalties for any act or failure to act resulting directly or indirectly from...


(a) No supplier may discriminate against an order or contract on which a priority rating has been placed under this part by charging higher prices, by...


(a) Each person receiving an order or directive under this part shall keep for at least two years from the date of full compliance with such order or...


sanctions. (a) Any practice that circumvents or contravenes the requirements of this part or any order or directive issued under this part is a violation of...


part to promote the conservation of energy, to reduce the rate of growth of energy demand, and to reduce dependence on imported oil through the development and implementation...


Act means title III, part D, as amended, of the Energy Policy and Conservation Act, 42 U.S.C. 6321 et seq. Alternative transportation fuel means methanol, denatured ethanol,...


assistance under this part shall comply with applicable laws and regulations including, but without limitation, the requirements of: (1) Executive Order...


of any State to DOE and subject to the availability of personnel and funds, DOE will provide information and technical assistance to the State in connection with...


under this part shall submit to the cognizant Regional Office Director a quarterly program performance report and a quarterly financial status report. (b) Reports...


are not otherwise set forth in this part are incorporated by reference and made a part of this part. The following standards have been approved for incorporation...


the State Energy Program, which allows States to apply for financial assistance to undertake a wide range of required and optional energy- related...


to each State having an approved annual application from funds available for any fiscal year to develop, modify, or implement a plan. (b) DOE shall...


activities in an amount totalling not less [[Page 85]] than 20 percent of the financial assistance allocated to the State under Sec. 420.11(b). (b) Cash...


this subpart, a State shall submit to the cognizant Regional Office Director an original and two copies of the annual application executed by the Governor, including an...


an application for financial assistance under this subpart and for approval of an amendment, if any, to a State plan, the cognizant Regional Office Director may request the State...


criteria for required program activities. (a) Mandatory lighting efficiency standards for public buildings shall: (1) Be implemented throughout the State,...


must be ready for implementation may be granted if DOE determines that the extension is justified. A written request for an extension, with accompanying...


in the State plan. These activities may include, but are not limited to, the following: (1) Program activities of public education to promote energy...


be used: (1) For construction, such as construction of mass transit systems and exclusive bus lanes, or for construction or repair of buildings or structures; ...


420.14 to file a notice requesting administrative review in accordance with paragraph (b) of this section. If an applicant does not timely file such a notice, the decision under...


special projects financial assistance under this part. (b) For years in which such funding is available, States may apply for financial assistance to undertake...


shall publish in the Federal Register one or more notice(s) of availability of SEP special projects financial assistance. (b) Each notice of availability shall...


Register, DOE shall, upon request, provide States interested in applying for one or more project(s) under the special projects financial assistance with a detailed...


general and special project activity-specific requirements for applications for special projects financial assistance in the program guidance/solicitation. (b)...


to provide either: (a) A matching contribution of at least a specified percentage of the Federal financial assistance award; or (b) A...


review of all applications to ensure that the State has provided the information required by this subpart, 10 CFR part 600, and the program guidance/solicitation. ...


[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: 10CFR420.36] [Page 93] TITLE 10--ENERGY CHAPTER II--DEPARTMENT OF ENERGY PART 420_STATE ENERGY PROGRAM--Table of Contents Subpart C_Implementation of Special Projects Financial Assistance Sec. 420.36 Evaluation criteria. The evaluation criteria, including program activity-specific criteria, will be set forth in the program guidance/solicitation document. ...


of the technical evaluations; (2) The priorities of DOE, SEP, and the participating program offices; (3) The availability of funds for the various special...


are subject to 10 CFR part 600 and to any prohibitions and limitations required by the DOE programs that are providing the special projects funding. (b) DOE...


part B of title III (42 U.S.C. 6291-6309) of the Energy Policy and Conservation Act (Pub. L. 94-163), as amended by Pub. L. 95-619, Pub. L. 100-12, Pub. L. 100-357, and Pub....


part B of title III (42 U.S.C. 6291-6309) of the Energy Policy and Conservation Act (Pub. L. 94-163), as amended by Pub. L. 95-619, Pub. L. 100-12, Pub. L. 100-357, and Pub....
...


[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: 10CFR430.21] [Page 106] TITLE 10--ENERGY CHAPTER II--DEPARTMENT OF ENERGY PART 430_ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS--Table of Contents Subpart B_Test Procedures Sec. 430.21 Purpose and scope. This subpart contains test procedures required to be prescribed by DOE pursuant to section 323 of the Act. ...


following standards which are not otherwise set forth in Part 430 are incorporated by reference and made a part of Part 430. The standards listed in this section have...


following standards which are not otherwise set forth in Part 430 are incorporated by reference and made a part of Part 430. The standards listed in this section have...
...


section 323(c) of the Act, or to comply with rules prescribed under sections 324 or 325 of the Act, a sample shall be selected and tested comprised of units which...


general service incandescent lamps, incandescent reflector lamps, and medium base compact fluorescent lamps, shall be performed in accordance with Appendix R to this...


may submit a petition to waive for a particular basic model any requirements of Sec. 430.23, or of any appendix to this subpart, upon the grounds that the basic...


and water conservation standards (in the case of faucets, showerheads, water closets, and urinals) for classes of covered products that are required to be administered...


and water conservation standards (in the case of faucets, showerheads, water closets, and urinals) for classes of covered products that are required to be administered...
...


and water conservation standards (in the case of faucets, showerheads, water closets, and urinals) for classes of covered products that are required to be administered...
...
...


and water conservation standards (in the case of faucets, showerheads, water closets, and urinals) for classes of covered products that are required to be administered...
...
...
...


energy conservation standard, or water conservation standard (in the case of faucets, showerheads, water closets, and urinals), or other requirement with respect to the...


energy conservation standard, or water conservation standard (in the case of faucets, showerheads, water closets, and urinals), or other requirement with respect to the...
...


scope. Source: 54 FR 6078, Feb. 7, 1989, unless otherwise noted. (a) This subpart prescribes the procedures to be followed in connection with...


of a rule. (a) Criteria for exemption from preemption. Upon petition by a State which has prescribed an energy conservation standard, water conservation...


requirements. (a) Service. All documents required to be served under this subpart shall, if mailed, be served by first class mail. Service upon a person's...


of petition. (a) Promptly after receipt of a petition and its acceptance for filing, notice of such petition shall be published in the Federal Register. The notice...


DOE may consolidate any or all matters at issue in two or more proceedings docketed where there exist common parties, common questions of fact and law, and...


The Secretary may hold a public hearing, and publish notice in the Federal Register of the date and location of the hearing, when he determines that such a hearing...


petitions. (a) After the submission of public comments under Sec. 430.42(a), the Secretary shall prescribe a final rule or deny the petition within 6 months...


of final rules. (a) A final rule exempting a State standard from Federal preemption will be effective: (1) Upon publication in the Federal Register if...


reconsideration. (a) Any petitioner whose petition for a rule has been denied may request reconsideration within 30 days of denial. The request shall contain...


of decision. (a) A decision to prescribe a rule that a State energy conservation standard, water conservation standard (in the case of faucets, showerheads,...


(a) This subpart establishes procedures for the submission and disposition of applications filed by manufacturers of covered consumer products with annual...


do not exceed $8,000,000 from all its operations (including the manufacture and sale of covered products) for the 12-month period preceding the date of application may...


be submitted in triplicate to: U.S. Department of Energy, Small Business Exemptions, Appliance Efficiency Standards, Assistant Secretary for Conservation and...


application, all supporting documents and all subsequent submissions, or a copy from which confidential information has been deleted pursuant to 10 CFR 1004.11, to the...


this subpart shall be transmitted to the Attorney General by the Secretary and shall contain (a) a statement of the facts and of the reasons for the exemption, and (b)...


submitted under this subpart if the Secretary finds, after obtaining the written views of the Attorney General, that a failure to allow an exemption would likely result in...


information received or obtained, the Secretary shall issue an order granting or denying the application. (b) The order shall include a written statement setting forth...


[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: 10CFR430.57] [Page 289] TITLE 10--ENERGY CHAPTER II--DEPARTMENT OF ENERGY PART 430_ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS--Table of Contents Subpart E_Small Business Exemptions Sec. 430.57 Duration of temporary exemption. A temporary exemption terminates according to its terms but not later than twenty-four months after the affective date of the rule for which the exemption is allowed. ...


This subpart sets forth the procedures to be followed for certification and enforcement testing to determine whether a basic model of a covered product...


section 332 of the Act: (1) Failure to permit access to, or copying of records required to be supplied under the Act and this rule or failure to make reports...


of this section, each manufacturer or private labeler before distributing in commerce any basic model of a covered product subject to the applicable energy...


a basic model complies with the applicable energy performance standard or water performance standard (in the case of faucets, showerheads, water closets, and...


any covered product into the United States shall comply with the provisions of the Act and of this part, and is subject to the remedies of this part. (b) Any...


apply to any covered product if (a) such covered product is manufactured, sold, or held for sale for export from the United States (or such product was imported for...


in writing concerning the energy performance or water performance (in the case of faucets, showerheads, water closets, and urinals) of a particular covered product...


model is determined noncompliant by DOE in accordance with Sec. 430.70 of this part or if a manufacturer or private labeler determines a model to be in noncompliance, then...


this part, the Secretary or the Secretary's designee, may sign and issue subpoenas for the attendance and testimony of witnesses and the production of relevant books,...


comply with an applicable energy conservation standard or water conservation standard (in the case of faucets, showerheads, water closets, and urinals): (a) DOE...


an order assessing a civil penalty against any person under this section, the Secretary shall provide to such person notice of the proposed penalty. Such notice...


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...


for the implementation of Part C of Title III of the Energy Policy and Conservation Act, as amended, 42 U.S.C. 6311-6316, which establishes an energy conservation program...


for the implementation of Part C of Title III of the Energy Policy and Conservation Act, as amended, 42 U.S.C. 6311-6316, which establishes an energy conservation program...
...


test procedures for electric motors, required to be prescribed by DOE pursuant to section 343 of EPCA, 42 U.S.C. 6314, and identifies materials incorporated by reference in...


by reference. (1) General. The following standards which are not otherwise set forth in this part 431 are incorporated by reference. The material listed in paragraph...


For purposes of 10 CFR Part 431 and EPCA, the test procedures for measuring the energy efficiency of an electric motor shall be the test procedures specified...


party determines the energy efficiency of an electric motor in order to comply with an obligation imposed on it by or pursuant to Part C of Title III of EPCA, 42 U.S.C. 6311-6316,...


to Sec. 431.24(a)(5)(ii) must be conducted in an accredited laboratory for which the accreditation body was: (1) The National Institute of Standards and...


(a) Petition. To be classified by the Department of Energy as an accreditation body, an organization must submit a petition to the Department requesting...


certification programs. (a) Petition. For a certification program to be classified by the Department of Energy as being nationally recognized in the United...


of accreditation bodies and certification programs. (a) Filing of petition. Any petition submitted to the Department pursuant to Sec. 431.26(a) or 431.27(a)...


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....


conservation standards for certain types of covered equipment pursuant to Part C-Certain Industrial Equipment, Energy Policy and Conservation Act, as amended (42...


(a) Each electric motor manufactured (alone or as a component of another piece of equipment) after October 24, 1997, or in the case of an electric motor which requires...


providing for any energy conservation standard, or other requirement with respect to the energy efficiency or energy use, of an electric motor that is not identical to...


431.61 Purpose and scope. (a) The regulations in this subpart prescribe the procedures to be followed in connection with petitions requesting a rule that...


431.62 Prescriptions of a rule. (a) Criteria for exemption from preemption. Upon petition by a State which has prescribed an energy conservation standard...


431.63 Filing requirements. (a) Service. All documents required to be served under this subpart shall, if mailed, be served by first class mail. Service upon...


431.64 Notice of petition. (a) Promptly after receipt of a petition and its acceptance for filing, notice of such petition shall be published in the...


431.65 Consolidation. DOE may consolidate any or all matters at issue in two or more proceedings docketed where there exist common parties, common...


431.66 Hearing. The Secretary may hold a public hearing, and publish notice in the Federal Register of the date and location of the hearing, when...


431.67 Disposition of petitions. (a) After the submission of public comments under Sec. 431.63(a), the Secretary shall prescribe a final rule or deny the...


431.68 Effective dates of final rules. (a) A final rule exempting a State standard from Federal preemption will be effective: (1) Upon publication in...


431.69 Request for reconsideration. (a) Any petitioner whose petition for a rule has been denied may request reconsideration within 30 days of denial. The...


431.70 Finality of decision. (a) A decision to prescribe a rule that a State energy conservation standard or other requirement not be preempted is final on...


for electric motors pursuant to section 344 of EPCA, 42 U.S.C. 6315. It addresses labeling and marking the equipment with information indicating its energy efficiency...


Required information. The permanent [[Page 331]] nameplate of an electric motor for which standards are prescribed in Sec. 431.42 must be marked clearly with...


E supersede any State regulation to the extent required by section 327 of the Act. Pursuant to the Act, all State regulations that require the disclosure for any electric...


this subpart set forth the procedures for manufacturers to certify that electric motors comply with the applicable energy efficiency standards set forth in subpart C of this part,...


a prohibited act pursuant to sections 332 and 345 of the Act: (1) Distribution in commerce by a manufacturer or private labeler of any new covered equipment which is...


on the compliance date specified in paragraph (g) of this section, a manufacturer or private labeler shall not distribute in commerce any basic model of an electric...


any electric motor subject to energy efficiency standards prescribed under section 342 of the Act must establish, maintain and retain records of the following: the...


and 345 of the Act, any person importing any covered equipment into the United States shall comply with the provisions of the Act and of this part, and is subject to...


and 345 of the Act, this part shall not apply to any covered equipment if (a) such covered equipment is manufactured, sold, or held for sale for export from...


information in writing, concerning the energy performance of a particular electric motor sold by a particular manufacturer or private labeler, which indicates that...


(a) In the event that a model is determined non-compliant by the Department in accordance with Sec. 431.127 of this part or if a manufacturer or private labeler determines a...


of the Act, for purposes of carrying out this part, the Secretary or the Secretary's designee, may sign and issue subpoenas for the attendance and testimony of witnesses and...


a basic model of a covered equipment does not comply with an applicable energy conservation standard: (a) The Department will notify the manufacturer, private labeler,...


sections 333(d) and 345 of the Act, before issuing an order assessing a civil penalty against any person under this section, the Secretary shall provide to such person notice of...


10 CFR 1004.11, any person submitting information or data which the person believes to be confidential and exempt from public disclosure should submit one complete copy,...


431.701 Purpose and scope. Source: 66 FR 3354, Jan. 12, 2001, unless otherwise noted. This subpart sets forth the minimum efficiency levels for...


431.702 Commercial warm air furnaces. Each commercial warm air furnace manufactured after October 29, 2003 must meet the following energy efficiency...


431.703 Small and large commercial package air conditioning and heating equipment. Each commercial water- or evaporatively-cooled air conditioner...


numbering systems will be used. (1) For the purpose of designating a section, the system employed in the Code of Federal Regulations (CFR) will be employed. The...


of this part provide minimum standards for energy efficiency for the design of new Federal commercial and multi-family high rise residential buildings. The performance...


design requirements for the building envelope, electrical distribution systems and equipment for electric power, lighting, heating, ventilating, air conditioning, service...


must be designed and constructed consistent with the provisions of subpart D of this part. 102.2 Buildings designed and constructed to meet the...


103.1 The standards, technical handbooks, papers and regulations listed in Sec. 434.701, shall be considered part of this part to the prescribed extent of such reference....


105.1 Building materials and equipment shall be identified in designs in a manner that will allow for a determination of their compliance with the applicable provisions of...


this part, the following terms, phrases, and words shall be defined as provided: Accessible (as applied to equipment): admitting close approach; not guarded by locked...


design parameters shall be used for calculations required under subpart D of this part. 301.1.1 Exterior Design Conditions. Exterior Design Conditions shall be...


design parameters shall be used for calculations required under subpart D of this part. 301.1.1 Exterior Design Conditions. Exterior Design Conditions shall be...
...


materials. The building envelope and its associated assemblies and materials shall meet the provisions of this section. 402.1 Calculations and...


materials. The building envelope and its associated assemblies and materials shall meet the provisions of this section. 402.1 Calculations and...
...


equipment. 404.1 Service Water Heating Equipment Efficiency. Equipment must satisfy the minimum performance efficiency specified in Table 404.1 when tested...


E permits the use of the Building Energy Cost Compliance Alternative as an alternative to many elements of subpart D. When this subpart is used, it must be used with subpart C...


cost budget. 502.1 The annual Energy Cost Budgets shall be determined in accordance with the Prototype Building Procedure in Sec. 434.503 and Sec. 434.504 or...


503.1 The Prototype Building procedure shall be used for all building types listed below. For mixed-use buildings the Energy Cost Budget is derived by allocating the floor...


the energy cost budget. 504.1 Determine the building type of the Proposed Design using the categories in subsection 503.1. Using the appropriate Prototype...


505.1 The Reference Building procedure shall be used only when the Proposed Design cannot be represented by one or a combination of the Prototype Building listed in...


determine the energy cost budget. 506.1 Each floor shall be oriented in the same manner for the Reference [[Page 389]] Building as in the...


507.1 The Prototype or Reference Buildings shall be modeled using the criteria of subsections 510 and 521. The modeling shall use a climate data set appropriate...


and design energy cost. 508.1 The Design Energy Consumption shall be calculated by modeling the Proposed Design using the same methods, assumptions,...


the Design Energy Cost is less than or equal to the Energy Cost Budget, and all of the minimum requirements of subsection 501.2 are met, the Proposed Design complies with...


510.1 The Standard Calculation Procedure consists of methods and assumptions for calculating the Energy Cost Budget for the Prototype or Reference Building and the...


511.1 The Prototype Building shall consist of the same number of stories, and gross and conditioned floor area as the Proposed Design, with equal...


512.1 The systems and types of energy specified in this section are provided only for purposes of calculating the Energy Cost Budget. They are not requirements for either systems or...


schedules are default assumptions. The same assumptions shall be made in computing Design Energy Consumption as were used in calculating the Energy Cost Budget. ...


Lighting Power Allowance (ILPA), for calculating the Energy Cost Budget shall be determined from subsection 401.3.2. The lighting power used to calculate the Design...


loads and profiles are default assumptions. The same assumptions shall be made in calculating Design Energy Consumption as were used in calculating the Energy Cost Budget. ...


516.1 Insulation and Glazing. The insulation and glazing characteristics of the Prototype and Reference Building envelope shall be determined by using the first column...


517.1 The specifications and requirements for the HVAC systems of the Prototype and Reference Buildings shall be those in Table 517.1.1, HVAC Systems for Prototype...


518.1 The service water loads for Prototype and Reference Buildings are defined in terms of Btu/h per person in Table 518.1.1, Service Hot Water Quantities. The service water...


occupied conditioned spaces in the Prototype, Reference and [[Page 404]] Proposed Design Buildings in all climates shall be simulated as being both heated...


520.1 Lighting. The interior lighting power allowance (ILPA) for calculating the Energy Cost Budget shall be determined from Table 401.3.2a. The Design Energy Consumption may be...


521.1 Annual energy consumption shall be simulated with a multi- zone, 8760 hours per year building energy model. The model shall account for: 521.1.1 The dynamic...


subpart provides an alternative path for compliance with the standards that allow for greater flexibility in the design of energy efficient buildings using an annual energy...


602.1 The Energy Use Budget shall be calculated for the appropriate Prototype or Reference Building in accordance with the procedures prescribed in subsection 502...


603.1 The Design Energy Use shall be calculated by modeling the Proposed Design using the same methods, assumptions, climate data, and simulation tool as were used...


this section is demonstrated if the Design Energy Use is equal to or less than the Energy Use Budget. [GRAPHIC] [TIFF OMITTED] TR06OC00.031 604.2 The...


605.1 The Standard Calculation Procedure consists of methods and assumptions for calculating the Energy Use Budgets for Prototype and Reference Buildings and the Energy Use...


criteria established in subsection 521 for the selection of a simulation tool shall be followed when using the compliance path prescribed in subpart F of...


607.1 The following life cycle cost criteria applies to the fuel selection requirements of this subpart and to option life cycle cost analyses performed to evaluate...


standards, technical handbooks, papers, regulations, and portions thereof, that are referred to in the sections and subsections in the following list are hereby incorporated...


Buildings Sec. 435.300 Purpose. (a) This subpart establishes voluntary energy conservation performance standards for new residential buildings. The...


Buildings Sec. 435.301 Scope. (a) The energy conservation performance standards for new Federal residential buildings will apply to the design of all new...


Buildings Sec. 435.302 Definitions. (a) ANSI means American National Standards Institute. (b) ASHRAE Handbook means American Society of Heating,...


Buildings Sec. 435.303 Requirements for the design of a Federal residential building. (a) The head of each Federal agency responsible for the construction of...


Buildings Sec. 435.304 The COSTSAFR Program. (a) The COSTSAFR Program (Version 3.0) provides a computerized calculation procedure to determine the most...


Buildings Sec. 435.305 Alternative compliance procedure. (a) If a proposed building design includes unusual or innovative energy conservation measures which...


Buildings Sec. 435.306 Selecting a life cycle effective proposed building design. In selecting between or among proposed building designs which comply with...


cycle cost effective investments in building energy systems, building water systems and energy and water conservation measures for Federal buildings. [61 FR...


and improve the design for construction of Federal buildings such that the energy consumption per gross square foot of Federal buildings in use during the fiscal year 1995...


This subpart establishes a methodology and procedures for estimating and comparing the life cycle costs of Federal buildings, for determining the life...


the fiscal year in which a life cycle cost analysis is conducted. Building energy system means an energy conservation measure or any portion of the structure of a...


this part is a systematic analysis of relevant costs, excluding sunk costs, over a study period, relating initial costs to future costs by the technique of discounting...


other costs for an energy or water conservation measure considered for retrofit to an existing Federal building or a building energy system or building water system considered...


to present values the future cash flows established in either current or constant dollars consistent with the nominal or real discount rate, and related tables, published...


436.16 and 436.17 and measuring cost effectiveness by the modes of analysis described by Sec. 436.19 through Sec. 436.22, a format for accomplishing the analysis which...


relevant non-fuel cost categories are-- (1) Investment costs; (2) Non-fuel operation and maintenance cost; (3) Replacement cost; and (4) Salvage value. ...


establish energy costs in the base year by multiplying the total units of energy used in the base year by the price per unit of energy in the base year as determined...


each Federal agency shall measure cost-effectiveness by combining cost data established under Sec. Sec. 436.16 and 436.17 in the appropriate mode of analysis as...


of-- (a) Investment costs, less salvage values at the end of the study period; (b) Non-fuel operation and maintenance costs: (c) Replacement costs less...


subtracting life cycle costs based on the proposed project from life cycle costs based on not having it. For a new building design, net savings is the difference between the...


the ratio of the present value savings to the present value costs of an energy or water conservation measure. The numerator of the ratio is the present value of net savings...


return is the overall rate of return on an energy or water conservation measure. It is calculated by subtracting 1 from the nth root of the ratio of the terminal value of...


is the number of years required for the [[Page 425]] cumulative value of energy or water cost savings less future non-fuel or non-water costs to equal...


cash flows are uncertain and are not fixed under Sec. 436.14, Federal agencies may examine the impact of uncertainty on the calculation of life cycle cost effectiveness...


Source: 60 FR 18334, Apr. 10, 1995, unless otherwise noted. (a) General. This subpart provides procedures and methods which apply to Federal agencies with regard to...


As used in this subpart-- Act means Title VIII of the National Energy Conservation Policy Act. Annual energy audit means a procedure including, but not limited...


(a) DOE shall prepare a list, to be updated annually, or more often as necessary, of firms qualified to provide energy cost savings performance services and grouped...


contractor selection. (a) Competitive selection. Competitive selections based on solicitation of firms are subject to the following procedures-- (1) With respect to...


(a) Subject to paragraph (b) of this section, Federal agencies may enter into a multiyear energy savings performance contract for a period not to exceed 25 years, as authorized...


(a) Mandatory requirements. In addition to contractual provisions otherwise required by the Act or this subpart, any energy savings performance contract shall...


(a) Any amount paid by a Federal agency pursuant to any energy savings performance contract entered into under this subpart may be paid only from funds appropriated or...


(a) After contractor implementation of energy conservation measures and annually thereafter during the contract term, an annual energy audit shall be conducted by the...


(a) Except as otherwise provided by this subpart, termination of energy savings performance contracts shall be subject to the termination...


amended, 42 U.S.C. 6361; Executive Order 11912, as amended, 42 FR 37523 (July 20, 1977); National Energy Conservation Policy Act, title V, part 3, 42 U.S.C. 8251 et...


all grades of gasoline for use in internal combustion engines except aviation gasoline. Does not include diesel fuel. Aviation gasoline (AVGAS) means all special...


shall prepare and submit to the Under Secretary, DOE, within six months from the effective date of these guidelines, a general operations 10-year plan which shall consist of...


10-year plan each agency shall establish and maintain energy conservation goals in accordance with the requirements of this section. (b) Agencies shall establish...


for inclusion in its plan the measures identified in appendix C of this subpart. (b) The following questions should be considered in the evaluation of...


emergency conservation plan, a summary of which shall be included in the general operations plan, for assuaging the impact of a sudden disruption in the supply of oil-based...


submit an ``Annual Report on Energy Management'' based on fiscal year data to the Secretary of DOE. The general operations portion of this report will encompass all...


to DOE and DOE will evaluate the sufficiency of the plan in accordance with the requirements of this subpart. Written notification of the adequacy of the plan including...


the Under Secretary for a waiver from the procedures and requirements of this subpart. The request for a waiver must identify the specific requirements and procedures of...


low-income persons, reduce their total residential expenditures, and improve their health and safety, especially low-income persons who are particularly vulnerable such as...


(a) Executive Order 12372 entitled ``Intergovernmental Review of Federal Programs'', 48 FR 3130, and the DOE Regulation implementing this Executive Order...


et seq. Assistant Secretary means the Assistant Secretary for Conservation and Renewable Energy or official to whom the Assistant Secretary's functions may be redelegated...


application. (b) Based on total program allocations at or above the amount of total program allocations under Pub. L. 103-332, DOE shall determine the program allocation...


the amount of funds made available to a State to carry out the purposes of this part, that: (1) The low-income members of an Indian tribe are not receiving...


the requirements of this part not later than 60 days after the date of notice to apply is received from the Support Office Director. After receipt of an application...


apply for financial assistance under this part in the event: (1) A State, within which a local applicant is situated, fails to submit an application within 60 days...


and must conduct one or more public hearings to receive comments on a proposed State plan. The notice for the hearing must specify that copies of the plan...


subgrantee is selected on the basis of public comment received during a public hearing conducted pursuant to Sec. 440.14(a) and other appropriate findings regarding: (i)...


ensure that: (a) No dwelling unit may be weatherized without documentation that the dwelling unit is an eligible dwelling unit as provided in Sec. 440.22; ...


council which serves the same functions as a State policy advisory council, must be established by a State or by the Regional Office Director if a State does not participate in...


and related matters included in paragraphs (c)(1) through (9) of this section shall not exceed an average of $2,500 per dwelling unit weatherized in the...


paid to training participants, public service employment workers, or other Federal or State training programs; and (b) Payments to employ labor or to engage...


Sec. 440.18 (e)(2) or Sec. 440.21(b) from funds designated by the grantee for carrying out low-cost/no-cost weatherization activities provided: (1)...


materials. Paragraphs (c) and (d) of this section describe the cost-effectiveness tests that weatherization materials must pass before...


family unit: (1) Whose income is at or below 125 percent of the poverty level determined in accordance with criteria established by the Director of the Office of Management...


of Health and Human Services, shall monitor and evaluate the operation of projects carried out by CAA's receiving financial assistance under this part through...


including records which fully disclose the amount and disposition by each grantee and subgrantee of the funds received, the total cost of a weatherization project or...


answers in writing to specific questions, surveys, or questionnaires as DOE determines to be necessary to carry out its responsibilities or the responsibilities of...


answers in writing to specific questions, surveys, or questionnaires as DOE determines to be necessary to carry out its responsibilities or the responsibilities of...
...


to make incentive payments for electric energy generated and sold by a qualified renewable energy facility owned by a State or nonprofit electric cooperative under the...


being used at a qualified renewable energy facility to generate electricity or from a second harvesting of such a plant if planted before October 1,...


[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: 10CFR451.3] [Page 465] TITLE 10--ENERGY CHAPTER II--DEPARTMENT OF ENERGY PART 451_RENEWABLE ENERGY PRODUCTION INCENTIVES--Table of Contents Sec. 451.3 Who may apply. Any owner, or operator with the written consent of the owner, but not both, of a qualified renewable energy facility, may apply for incentive payments for net electric energy generated from a renewable energy source and sold. ...


the following qualifications-- (a) Owner qualifications. The owner must be-- (1) A State or a political subdivision of a State (or agency, authority, or...


in Sec. 451.8 (a) through (e), to obtain a preliminary and conditional determination of eligibility. (2) To assist DOE in its budget planning, the owner or...


a qualified renewable energy facility for 10 fiscal years. Such period shall begin with the fiscal year in which application for payment for electricity generated by the...


be measured by a standard metering device that-- (a) Meets generally accepted industry standards; (b) Is maintained in proper working order according to...


shall provide the following information-- (a) A statement indicating that the applicant is the owner, of the facility or is the operator of the facility and has the...


(b) Audits. DOE may require the applicant to conduct at its own expense and submit an independent audit, or DOE may conduct an audit, to verify the number of kilowatt-hours...


part shall appeal, on or before 45 days from date of the notice issued by the DOE Deciding Official, to the Office of Hearings and Appeals, 1000 Independence Avenue,...


et seq. (b) This part authorizes grants to States or to public or non-profit schools and hospitals to assist them in conducting preliminary energy audits and...


III of the National Energy Conservation Policy Act, Public Law 95-619, 92 Stat. 3238 (42 U.S.C. 6371), and the State Energy Efficiency Programs Improvement Act of 1990, Public...


(a) The DOE Financial Assistance Rules (10 CFR part 600 as amended) except as otherwise provided in this rule; (b) Executive Order 12372 entitled...


[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: 10CFR] [Page 475] TITLE 10--ENERGY CHAPTER II--DEPARTMENT OF ENERGY Subpart A_General Provisions Sec. 455.4 Recordkeeping. Each State or other entity within a State receiving financial assistance under this part shall make and retain records required and specified by the DOE Financial Assistance Rules, 10 CFR part 600, and this part. ...


[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: 10CFR] [Page 475] TITLE 10--ENERGY CHAPTER II--DEPARTMENT OF ENERGY Subpart A_General Provisions Sec. 455.5 Suspension and termination of grants. Suspension and termination procedures shall be as set forth in the DOE Financial Assistance Rules, 10 CFR part 600. [[Page 476]] ...


renewable resource measures and, to the extent appropriate, program assistance, and/or marketing. The State Plan shall include: (a) A statement setting forth...


submitted to DOE within 90 days of the effective date of this subpart or any amended regulations. Upon request by a State, and for good cause shown, DOE may grant an extension...


and public care institutions and coordinating agencies representing them to implement technical assistance and energy conservation measures grant programs and to...


public care institutions shall be allocated among the States by multiplying the sum available by the allocation factor set forth in paragraph (c) of this section. ...


set forth in the notice issued by DOE pursuant to Sec. 455.30(c), funds allocated to that State for technical assistance and energy conservation measures will...


for financial assistance under this part and sets forth the eligibility criteria for schools, hospitals, units of local government, and public care institutions to...


an applicant must: (a) Be a school, hospital, unit of local government, public care institution, or coordinating agency representing them except that...


is to provide a report based on an on-site analysis of the building which meets the requirements of this section and the State's procedures for implementing...


period of energy conservation measures. (1) The simple payback period of each energy conservation measure (except measures to shift demand, or renewable...


this part is a systematic comparison of the relevant significant cost savings and costs associated with an energy conservation measure over its expected useful life,...


[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: 10CFR] [Page 484] TITLE 10--ENERGY CHAPTER II--DEPARTMENT OF ENERGY Subpart F_Energy Conservation Measures for Schools and Hospitals Sec. 455.70 Purpose. This subpart sets forth the eligibility criteria for schools and hospitals to receive grants for energy conservation measures, including renewable resource measures, and the elements of an energy conservation measure program. ...


(1) Be a school, hospital, or coordinating agency representing them as defined in Sec. 455.2; (2) Be located in a State which has an approved State Plan...


program), acquisition, and installation of energy conservation measures to reduce energy consumption or measures to allow the use of renewable resources in schools...


[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: 10CFR] [Page 485] TITLE 10--ENERGY CHAPTER II--DEPARTMENT OF ENERGY Subpart G_State Administrative Expenses Sec. 455.80 Purpose. This subpart describes what constitutes a State administrative expense that may receive financial assistance under this part and sets forth the eligibility criteria for States to receive grants for administrative expenses. ...


Sec. 455.21 and (b) Be operating a program to provide technical assistance and energy conservation measure grants, or technical assistance, program assistance,...


marketing programs, and energy conservation measures including costs associated with: (a) Personnel whose time is expended directly in support of...


assistance, and marketing that may receive financial assistance under this part and sets forth the eligibility criteria for States to receive grants for technical...


marketing, a State must: (a) Have in place a State Plan approved by DOE which includes a description of the State's program or programs to provide...


all requirements of this part which apply to DOE-awarded technical assistance program grants except that States: [[Page 486]] (a) Are not required to...


than 50 percent of the costs of technical assistance programs and energy conservation measures unless the grantee qualifies for the exceptions specified in Sec. Sec....


or other forms of borrowed funds, such as those provided by loans and performance contracts, even if such financing does not provide for the grantee to receive clear...


a building, toward the required cost-share for an energy conservation measure grant in that building: (a) A non-Federally funded technical assistance program; (b)...


when the technical assistance programs or updates and the energy conservation measure projects for which credit is sought meet the applicable program requirements, such...


conservation measures funded by a grant under this part may use such funds to meet their cost- sharing obligations pursuant to Sec. 455.100. (b) Where the rebate or...


(a) Each eligible applicant desiring to receive financial assistance (either from DOE directly, through a State serving as a coordinating agency, or through another organization...


under this part, has a total estimated cost for acquisition and installation of more than $5,000, any construction contract or subcontract in excess of $2,000, using...


application in accordance with the provisions of this section. (a) Where a State is operating a program solely to provide grants to schools and hospitals, the maximum amount...


to it for a grant program cycle to fund administrative expenses under Sec. 455.120 and technical assistance and program assistance programs, or for up to 50 percent...


technical assistance programs, program assistance, and marketing shall include certifications that the State: (a) Has established a program or programs to fund,...


subparts E, F, and J of this part, Sec. 455.130(b), any additional requirements of the approved State Plan, State environmental laws, and other applicable laws and...


in accordance with its approved State Plan. (b) For technical assistance programs, buildings shall be ranked in descending priority based upon the energy...


and hospitals experiencing severe hardship based upon an applicant's inability to provide the non- Federal share as specified in the State plan pursuant to Sec....


assistance, or marketing, as described in Sec. 455.121, may submit such an application to DOE any time after the allocations have been announced as part of, or...


institutions in the development of its State Plan; (b) Notifying eligible institutions and coordinating agencies of the content of the approved State Plan and any amendment...


submitted by a State in accordance with Sec. 455.133 if DOE determines that the applications meet the objectives of the Act, and comply with the applicable State...


coordinating agencies representing them for up to 50 percent of the costs of performing technical assistance programs for buildings covered by an application approved...


performing technical assistance programs for buildings covered by an application approved in accordance with Sec. 455.140; except that in the case of schools and hospitals...


E and energy conservation measures in accordance with subpart F or energy conservation measures non-Federally funded pursuant to Sec. 455.121, DOE may make grant awards...


special programs to provide technical assistance and program assistance pursuant to Sec. 455.121, DOE may make a grant award to a State for up to 100 percent of the...


Director to disapprove an application for a grant award for State administrative expenses subject to special conditions or a decision under Sec. 455.21 of this part by...


to disapprove its application for a grant award to file a notice requesting administrative review. If an applicant does not timely file such a notice, the decision...


forward to the Deputy Assistant Secretary the notice requesting administrative review, the decision to disapprove as to which administrative review is sought, a...


days, shall give actual notice to the State and Federal Register notice of the date, place, time, and procedures which shall apply to the public hearing. Any public...


an application, with a supporting statement of reasons, for discretionary review by the Assistant Secretary. If administrative review is sought pursuant to paragraph (a)...


[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: 10CFR] [Page 499] TITLE 10--ENERGY CHAPTER II--DEPARTMENT OF ENERGY Subpart N_Administrative Review Sec. 455.155 Finality of decision. A decision under Sec. 455.153 shall be final for DOE if there is no review sought under Sec. 455.154. If there is review under Sec. 455.154, the decision thereunder shall be final for DOE, and no appeal shall lie elsewhere in DOE. PART 456 [RESERVED] ...


[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: 10CFR470.1] [Page 499] TITLE 10--ENERGY CHAPTER II--DEPARTMENT OF ENERGY PART 470_APPROPRIATE TECHNOLOGY SMALL GRANTS PROGRAM--Table of Contents Sec. 470.1 Purpose and scope. This part contains guidelines for the implementation of the appropriate technology small grants program required to be prescribed by section 112 of the Act. ...


Pub. L. 95-39, 91 Stat. 180, 42 U.S.C. 5907a. Affiliate means a concern which, either directly or indirectly, controls or has the power to control another concern,...


technology small grants program for the purpose of encouraging development and demonstration of, and the dissemination of information with respect to,...


agencies, Indian tribes and small businesses. (b) The aggregate amount of support made available to any participant in the program, including affiliates, shall not...


Solar Energy of DOE. (b) The program shall be implemented regionally, based on the 10 standard Federal regions or combinations thereof, to insure substantial...


for support under the program pursuant to simplified application procedures. Projects may be supported under the program only if they have successfully completed under...


technical, cost, and other information to enable comprehensive evaluation and that it has been properly signed. If the proposal does not meet these requirements,...


the following formula; (1) Two-thirds to be allocated according to population; and [[Page 504]] (2) One-third to be allocated according to the number...


other entities provide cost sharing on their behalf. Regional Program Managers, with the consent of the proposer, may work with States, local governments or other entities...


program and the entering into and administration of grants, cooperative agreements, and contracts under the program, shall be governed by the provisions of DOE-AR and DOE-PR...


of notification of elimination from consideration. Debriefings will be provided at the earliest feasible time as determined by the Regional...


the energy-related systems and supporting technologies developed or demonstrated under the program. In addition, DOE shall maintain and make available to recipients of...


to each new contract, grant, cooperative agreement, Department of Energy project, or other agency project funded or to be funded under the authority of that Act. 15...


95-238, 92 Stat. 47. Advanced automobile propulsion system means an energy conversion system, including engine and drivetrain, which utilizes advanced technology and...


or contract under the Act to support research and development activities of an advanced automobile propulsion system shall-- (a) State whether the activities...


a grant, cooperative agreement, or contract under the Act shall include the information required under Sec. 473.10 in the unsolicited proposal document filed under...


section apply, the manager shall cause to be published in the Commerce Business Daily a statement describing the unsolicited proposal, solicitation, DOE project, or...


[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: 10CFR473.21] [Page 506] TITLE 10--ENERGY CHAPTER II--DEPARTMENT OF ENERGY PART 473_AUTOMOTIVE PROPULSION RESEARCH AND DEVELOPMENT--Table of Contents Sec. 473.21 Supplemental information and rebuttal. The manager may request additional information from an applicant or any interested person who files an objection under Sec. 473.20. [[Page 507]] ...


Review the proposed research and development to be performed under grant, under cooperative agreement, under contract, as a DOE project, or as an agency project and any other...


manager; (2) A representative of the DOE if the manager is not an employee of the DOE; and (3) A representative of any other Federal agency deemed appropriate...


the manager-- (1) Shall determine whether the research and development to be performed complies with the standards and criteria of Sec. 473.30; (2)...


section 17 of the Federal Nonnuclear Energy Research and Development Act of 1974, as amended, 42 U.S.C. 5918 (1970); [[Page 508]] (b) Subject neither...


or as an agency project under the Act may be certified under these regulations only if the research and development to be conducted-- (a) Supplements the...


to be used by the Environmental Protection Agency in calculating corporate average fuel economy values pursuant to regulations at 40 CFR Part 600--Fuel Economy of...


values (weighted 55/45 percent, respectively), as determined by the Environmental Protection Agency in accordance with 40 CFR parts 86 and 600. Electric vehicle means...


value and the Highway Fuel Economy Driving Schedule energy consumption value in units of Watt-hours per mile; (2) Determine the combined energy consumption value...


Highway Fuel Economy Driving Schedule and Urban Dynamometer Driving Schedule test cycles at 40 CFR parts 86 and 600. (b) The ``Special Test Procedures'' provisions of 40...


stakeholder input in this review. The Department will publish the findings of the review and any resulting adjustments to Part 474 in the...


under titles III, IV, V, and VI of the Energy Policy Act of 1992. (Pub. L. 102-486) (b) The provisions of this subpart cover the definitions...


into possession or control. Act means the Energy Policy Act of 1992 (Pub. L. 102-486) and any amendments thereof. After-Market Converted Vehicle means an Original...


a person has a fleet or to calculate alternative fueled vehicle acquisition requirements, the following vehicles are excluded-- (a) Motor vehicles held for lease or...


this part that are not filed in compliance with Sec. Sec. 490.5 or 490.6 of this part constitute general information and the responses provided shall not be binding...


this part shall have the right to file a request for an interpretive ruling on a question with regard to how the regulations apply to particular facts and circumstances. ...


and 5 U.S.C. 553(e), any person may file a petition for generally applicable rulemaking under titles III, IV, and V of the Act with the DOE General Counsel. (b) How to file....


sale of, or conversion to, light duty alternative fueled motor vehicles in violation of applicable regulations of any Federal, State or local government agency. ...


Section 507(o) of the Act which requires, subject to some exemptions, that certain percentages of new light duty motor vehicles acquired for State fleets be alternative...


in this part, of the new light duty motor vehicles acquired annually for State government fleets, including agencies thereof but excluding municipal fleets, the...


as acquisitions for the purpose of compliance with the requirements of section 490.201 of this part: (a) The purchase or lease of an Original Equipment...


of meeting its requirements under section 490.201 exclusively with acquisitions for State fleets, a State may follow a Light Duty Alternative Fueled Vehicle Plan that has...


from the vehicle acquisition mandate in section 490.201 of this part, a State shall submit to DOE a written request for exemption, along with supporting documentation...


file an annual report for each State fleet on or before the December 31 after the close of the model year, beginning with model year 1997. The State annual report may...


[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: 10CFR490.206] [Page 519] TITLE 10--ENERGY CHAPTER II--DEPARTMENT OF ENERGY PART 490_ALTERNATIVE FUEL TRANSPORTATION PROGRAM--Table of Contents Subpart C_Mandatory State Fleet Program Sec. 490.206 Violations. Violations of this subpart are subject to investigation and enforcement under subpart G of this part. ...


which requires, subject to some exemptions, that certain annual percentages of new light duty motor vehicles acquired by alternative fuel providers must be alternative...


following definitions apply to this subpart-- Affiliate means a person that, directly or indirectly, controls, is controlled by, or is under common ownership or control...


of this part, of the light duty motor vehicles newly acquired by a covered person described in section 490.303 of this part, the following percentages shall...


a covered person must comply with the requirements of this subpart if that person is-- (1) A covered person whose principal business is producing,...


as provided in paragraph (b) of this section, the vehicle acquisition mandate schedule in section 490.302 of this part applies to all light duty motor vehicles newly acquired...


model year qualify as acquisitions for the purpose of compliance with the requirements of section 490.302 of this part-- (a) The purchase or lease of an Original...


to section 490.302 of this part shall be operated solely on alternative fuels, except when these vehicles are operating in an area where the appropriate...


or business unit, whose principal business is generating, transmitting, importing, or selling, at wholesale or retail, electricity has the option of delaying the...


vehicle acquisition mandate in this subpart, a covered person, or its affiliate, division, or business unit which is subject to section 490.302 of this...


with the vehicle acquisition schedule in section 490.302 or section 490.307, that person shall file an annual report under this section, on a form obtainable from DOE, with...


[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: 10CFR490.310] [Page 523] TITLE 10--ENERGY CHAPTER II--DEPARTMENT OF ENERGY PART 490_ALTERNATIVE FUEL TRANSPORTATION PROGRAM--Table of Contents Subpart D_Alternative Fuel Provider Vehicle Acquisition Mandate Sec. 490.310 Violations. Violations of this subpart are subject to investigation and enforcement under subpart G of this part. Subpart E [Reserved] ...


section 508 of the Act, which provides for the allocation of credits to fleets or covered persons who acquire alternative fueled vehicles in excess of the number they...


[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: 10CFR490.501] [Page 523] TITLE 10--ENERGY CHAPTER II--DEPARTMENT OF ENERGY PART 490_ALTERNATIVE FUEL TRANSPORTATION PROGRAM--Table of Contents Subpart F_Alternative Fueled Vehicle Credit Program Sec. 490.501 Applicability. This subpart applies to all fleets and covered persons who are required to acquire alternative fueled vehicles by this part. ...


vehicle credits by-- (a) Acquiring alternative fueled vehicles, including those in excluded categories under section 490.3 of this part and those exceeding...


described in section 490.507 of this part, DOE shall allocate one credit for each alternative fueled vehicle a fleet or covered person acquires that exceeds the number...


covered person in an annual report under this part, DOE shall treat each credit as the [[Page 524]] acquisition of an alternative fueled vehicle that the fleet or...


covered person who obtains an alternative fueled vehicle credit. (b) DOE shall send to each fleet and covered person an annual credit account balance statement after the...


is required to acquire alternative fueled vehicles may transfer an alternative fueled vehicle credit to-- (1) A fleet that is required to acquire alternative...


allocation of alternative fueled vehicle credits must submit a credit activity report by the December 31 after the close of a model year to the Office of Energy...


titles III, IV, V, and VI of the Act and to enforcement of section 501, 503(b), 507 or 508 of the Act, or any regulation issued under...


of the Act, DOE may hold such hearings, take such testimony, sit and act at such times and places, administer such oaths, and require by subpena the attendance and testimony...


(1) File, in such form as DOE may prescribe, reports or answers in writing to specific questions relating to any function of DOE under this part; and (2)...


[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: 10CFR490.603] [Page 525] TITLE 10--ENERGY CHAPTER II--DEPARTMENT OF ENERGY PART 490_ALTERNATIVE FUEL TRANSPORTATION PROGRAM--Table of Contents Subpart G_Investigations and Enforcement Sec. 490.603 Prohibited acts. It is unlawful for any person to violate any provision of section 501, 503(b), or 507 of the Act, or any regulations issued under such sections. ...


shall be subject to a civil penalty of not more than $5,500 for each violation. (b) Willful violations. Whoever willfully violates section 490.603 of this part...


or may agree to settle an enforcement proceeding, if the person agrees to come into compliance in a manner satisfactory to DOE. DOE normally will not commence...


pay, a civil penalty in a written statement setting forth supporting findings of violation of the Act or a relevant regulation of this part. The proposed assessment and...


the date of issuance of a proposed assessment and order to pay, a person must appeal a proposed assessment and order to the Office of Hearings and Appeals, U.S. Department...


(a) This subpart implements provisions of the Energy Conservation Reauthorization Act of 1998 (Pub. L. 105-388) that require, subject to some limitations, the allocation...


apply to this subpart-- Biodiesel means a diesel fuel substitute produced from nonpetroleum renewable resources that meets the registration requirements for...


one credit for each qualifying volume of the biodiesel component of a fuel that contains at least 20 percent biodiesel by volume if: (1) Each qualifying volume of...


covered person shall submit its request, on a form obtained from DOE, to the Office of Energy Efficiency and Renewable Energy, U. S. Department of Energy, EE-34,...


this subpart, DOE shall, for the model year in which the purchase of a qualifying volume is made, treat that purchase as the acquisition of one alternative fueled vehicle...


lower the 20 percent biodiesel volume requirement of this subpart for reasons related to cold start, safety, or vehicle function considerations. [[Page 527]] ...


volume of the biodiesel component of fuel for purposes of allocation of credits under this subpart only after it: (a) Collects data establishing that the average...


[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: 10CFR490.708] [Page 527] TITLE 10--ENERGY CHAPTER II--DEPARTMENT OF ENERGY PART 490_ALTERNATIVE FUEL TRANSPORTATION PROGRAM--Table of Contents Subpart H_Biodiesel Fuel Use Credit Sec. 490.708 Violations. Violations of this subpart are subject to investigation and enforcement under subpart G of this part. PARTS 491-499 [RESERVED] ...




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