Grace Period From Enforcement of Energy-Efficiency Certification for Residential Products, 65105-65106 [E9-29356]

Agencies

• DEPARTMENT OF ENERGY

[Federal Register Volume 74, Number 235 (Wednesday, December 9, 2009)]
[Notices]
[Pages 65105-65106]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-29356]


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DEPARTMENT OF ENERGY


Grace Period From Enforcement of Energy-Efficiency Certification 
for Residential Products

AGENCY: Office of the General Counsel, U.S. Department of Energy.

ACTION: Notice.

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SUMMARY: This notice announces the Department of Energy's (DOE) intent 
to allow manufacturers subject to certain certification requirements to 
remedy deficiencies in their certification submissions and/or to 
certify covered products. DOE will refrain from initiating an 
enforcement action for any violations of 10 CFR 430.62 that are 
remedied prior to 30 days from the date of this Notice.

DATES: This Notice is effective December 9, 2009.

FOR FURTHER INFORMATION CONTACT: Ms. Laura Barhydt at 202-287-5772.

SUPPLEMENTARY INFORMATION: The Energy Policy and Conservation Act of 
1974, as amended, (EPCA or the ``Act'') authorizes the Department of 
Energy (DOE or the ``Department'') to enforce compliance with the 
energy conservation standards established for certain consumer 
products. 42 U.S.C. 6299-6304. To ensure that all covered products 
distributed in the United States comply with DOE's energy conservation 
standards, the Department has promulgated enforcement regulations, 
which include specific certification requirements. See 10 CFR part 430, 
subpart F. Specifically, the Department's rules require manufacturers 
of covered consumer products to ``certify by means of a compliance 
statement and a certification report that each basic model(s) meets the 
applicable energy conservation standard,'' before distributing it in 
commerce within the United States. 10 CFR 430.62.
    On October 14, 2009, DOE issued guidance setting forth the 
Department's interpretation of its enforcement regulations. (74 FR 
52793) The guidance clarified that a failure to certify covered 
products in accordance with DOE's rules is an independent violation of 
EPCA and DOE's implementing regulations and may be subject to 
enforcement action, including the imposition of civil penalties. The 
guidance also announced the Department's intent to exercise its 
enforcement authority more rigorously in the future, beginning with a 
compliance review of certification reports for products and equipment 
covered by DOE regulations.
    DOE has initiated the compliance review announced in the October 
14, 2009 Federal Register notice. We recognize, however, that DOE's 
clarification regarding certification obligations combined with its 
intent to enforce all regulatory obligations much more vigorously were 
not anticipated by the market. Moreover, some manufacturers previously 
have been given, on an ad hoc basis, a thirty day grace period to cure 
defective certifications.
    DOE's goal is threefold: (1) To ensure compliance with its 
regulations; (2) to sanction those who fail to comply with those 
regulations; and (3) to treat all those subject to the regulations 
fairly and equally. To accomplish this goal, DOE therefore believes 
that a one-time grace period of very limited duration and scope is 
warranted to allow manufacturers to immediately review previously 
submitted certification reports and compliance statements for accuracy 
and completeness. The grace period will also allow any manufacturers 
who have not previously submitted the required information to come into 
compliance.
    We hereby notify all manufacturers of covered products that for 30 
days from this Notice DOE will refrain from initiating enforcement 
actions for violations of the certification regulations set forth in 10 
CFR 430.62. We strongly encourage manufacturers to take advantage of 
this limited window to review, correct, and file certification reports 
and compliance statements as needed to come into compliance with our 
rules. Any violations of DOE's certification rules not remedied by 
January 8, 2010 will be subject to enforcement action, including the 
imposition of a civil penalty in accordance with 10 CFR 430.74.
    DOE's determination to refrain from initiating enforcement actions 
for 30 days is limited to violations of the certification requirements 
specified in 10 CFR 430.62. This grace period does not apply to 
violations of the energy efficiency or water conservation standards or 
any other requirements set forth in EPCA or DOE's implementing 
regulations. DOE intends to pursue immediately and aggressively all 
violations of the Department's energy

[[Page 65106]]

efficiency and water conservation standards.
    We have prepared a page of Frequently Asked Questions (FAQ) related 
to this certification grace period, which is available at https://www.gc.doe.gov/documents/Frequently_Asked_Questions.pdf.
    In response to this notice, manufacturers may file required 
certification reports and compliance statements either by mail or 
electronic filing.
    Electronic filing is preferred. To file electronically, go to our 
FAQ at https://www.gc.doe.gov/documents/Frequently_Asked_Questions.pdf 
for instructions.
    Paper filings should be submitted to: Appliance Standards Program 
(EE-2J), U.S. Department of Energy, 1000 Independence Avenue, SW., 
Washington, DC 20585-0121.

    Issued in Washington, DC, on December 4, 2009.
Scott Blake Harris,
General Counsel.
[FR Doc. E9-29356 Filed 12-8-09; 8:45 am]
BILLING CODE 6450-01-P