Federal Register 1979-09-26: Vol 44 Iss 188

Wednesday
September 26, 1979

Part III

Department of
Energy _

Emergency Building Temperature
Restrictions; Availability of Forms; Final
Forms and Instructions

55504 Federal Register / Vol. 44, No. 188 / Wednesday. September 26.1979 / Rules and Regulations

DEPARTMENT OF ENERGY

10 CFR Part 4M

[Docket No. CAS-RM-79-109]

Emergency Building Temperature
Restrictions; Availability of Forms;

Final Forms and Instructions

AQENCY: Department of Energy.

action: Notice of Availability of Forms;
Final Forms and Instructions.

summary: The Department of Energy
(DOE) has issued the certification and
compliance forms required by the final
regulations on emergency building
temperature restrictions published in the
Federal Register on July 5,1979 (10 CFR
Part 490,44 FR 39354). The “Certificate
of Building Compliance,*' “Exemption
Information Form” and the “Building
Compliance Information Form" are
published as an Appendix to this Notice,
together with the instructions for their
use prepared by DOE. These forms and
instructions are now being distributed
by DOE to affected building owners and
operators by direct mail. In addition, the
forms and instructions are available at
the Regional Offices of DOE, Federal
Information Centers, the Main Post
Offices in large metropolitan areas, and
at State Energy Offices. They may also
be obtained upon request to DOE at the
address and telephone number
contained in this Notice.

EFFECTIVE DATE: Because of delays
encoimtered in the printing and
distribution of the forms, enforcement of
the requirements relating to posting of
the “Certificate of Building Compliance"
and submission to DOE of the “Building
Compliance Information Form” will not
begin until after September 1,1979.

FOR FURTHER INFORMATION CONTACT:

Henry G. Bartholomew, Emergency Building
Temperature Restrictions Program, Office
of Conservation and Solar Applications,
Department of Energy, Room GE-004A
(C^39), Forrestal Building, Washington,
D.C. 20585 (202) 252-4966.

Lewis Shollenberger, Office of General
Counsel, 20 Massachusetts Avenue. NW.,
Room 3228, Washington, D.C. 20585 (202)
376-4011.

SUPPLEMENTARY INFORMATION: On July
5,1979, the Department of Energy (DOE)
published final regulations (10 CFR Part
490,44 FR 39354) (the Regulations)
implementing the President’s “Standby
Conservation Plan No. 2, Emergency
Building Temperature Restrictions" (the
Plan). The Plan and the Regulations
were declared by the President to be
effective on July 16,1979. DOE published
a notice on July 16,1979 of the effective

date of the Plan and the Regulations (44
FR 41205).

Section 490.43(a)(1) of the Relations
requires affected building owners or
operators to complete in accordance
with forms and instructions provided by
DOE, and to post in a prominent
location within the covered building, a
“Certificate of Building Compliance”
certifying compliance with the
requirements of the Regulations. Section
490.43(b) requires building owners or
operators to submit to DOE in
accordance with forms and instructions
provided by DOE, a “Building
Compliance Information Form”. Section
490.31(d) of the Regulations requires
building owners or operators to retain
and make available, upon request of
DOE or its delegate, information
described in § 490.31(c) pertaining to
general exemptions claimed.

DOE has issued and is presently
distributing to affected building owners
and operators a packet of instructions
and forms. The packet is published as
the Appendix to this Notice. Included in
each packet are the “Certificate of
Building Compliance,” the “Building
Compliance Information Form” and an
“Exemption Information Form” to be
retained by the owner or operator for
inspection. Also included are
instructions for compliance with the
Regulations and for the use of the forms.

It should be noted that “Building
Compliance Information Form” and
accompanying instructions provide that
only those owners or operators or
covered buildings who claim a general
exemption under the Regulations are
required to submit the form to DOE.

DOE is distributing the forms and
instructions packets by direct mail. The
packets are available at the Regional
Offices of DOE, Federal Information
Centers, the Main Post Offices in the 65
largest metropolitan areas, and at State
Energy Offices. Packets may also be
obtained fi'om;

Department of Energy, Emergency Building
Temperature Restrictions Program, Room
GE-004A, (CS-39), Forrestal Building,
Washington,‘D.C. 20585.

In addition, requests for packets may
be made by telephoning DOE:

Within Continental U.S.—(800) 424-9122
From Alaska/Hawaii/Puerto Rico/Virgin
Islands—(800) 424-9088
Within Washington, D.C. metropolitan area—
(202) 252-4950.

Because of delays encountered in the
printing and distribution of the forms,
enforcement of the requirements of
§ 490.43(a)(1) and (b) with respect to
posting the “Certificate of Building
Compliance” and submission to DOE of
the “Building Compliance Information

Form” will not begin imtil after
September 1,1979.

This Notice concerns a discretionary
activity of DOE and is not a regulatory
activity for purposes of the notice and
conunent requirements of the
Administrative Procedure Act (5 U.S.C.
551) and the Department of Energy
Organization Act (42 U.S.C. 7101).

Issued in Washington, D.C., on August 29,
1979.

Omi G. Walden,

Assistant Secretary, Conservation and Solar
Applications.

MLUNG CODE 64S0-01-M

Federal Register / Vol. 44. No. 188 / Wednesday. September 26,1979 / Rules and Regulations

What You Must Do With
These Instructions

If you are a Building Owner,
Operator, or Manager with control
over the building’s heating,
cooling, and hot water system,
you must

• Comply with these regula¬
tions, and

• Complete the appropriate
forms.

If you are a Building Tenant with
control over any portion of the
building’s heating or cooling sys¬
tem, you must

• Comply with these regula¬
tions, and

• Fonward these instructions to
the building owner, operator,
or manager.

If you are a Building Tenant with
no control over any portion of the
building’s heating or cooling sys¬
tem, you are requested to:

• Forward these instructions to
the building owner, operator,
or manager.

The Emergency Building Temper¬
ature Restrictions Regulations,^
effective July 16,1979, place tem¬
porary restrictions on temperatures
for heating, cooling, and domestic
hot water in commercial, indus¬
trial, government, and other non-
residential buildings. The regula¬
tions generally require that
thermostats be set no lower than
78° F for cooling, no higher than
65° F for heating, and no higher
than 105° F for domestic hot
water. Provisions are made, how¬
ever, for maintenance of room
temperatures at these limits as an
'alternative to thermostat settings.
The regulations also require room
temperature set-backs during
periods when the building is
unoccupied.

Owners and operators of build¬
ings covered by the regulations
are required to post a Certificate
of Building Compliance in a
prominent location in their build¬
ings within 30 days of the effec¬
tive date of the regulations.
Tenants also are required to com¬
ply with the regulations although
they are not required to post a
Certificate or file documents with
the Government.

Certain types of buildings and
portions of certain buildings are
excluded from the temperature
restrictions. Exemptions also are
available under certain specified
conditions.

Civil penalties of up to $5,000
- and criminal penalties of up to
$10,000 are provided for violations
of the regulations. The regulations
will remain in effect until April 16,
1980, unless rescinded earlier by
the President

^Pursuant to Sections 201<ai and (b) of the
Energy Policy and Conservation Act of 1975
142 use 6201 et seqj, the President developed
Standby Conservation Plan Nc 2. Emergency
Building Temperature Restrictions tthe Plan) and
sent It to the Congress on March 1. 1979 The
Department of Energy (DOE) published a notice
in the Federal Register on March 8. 1979144 FR
12906). of the President's adoption of the Plan
The Plan was approved by resolutions of the
Senate on May 2. 1979. and of the House of
Representatives on May 10. 1979. Proposed
regulations were published in the Federal
Register on June 1. 1979144 FR 31922) DOE
j published final regulations in the Federal

Register on July 5. 1979 (44 FR 39364). On
July 10. 1979. the President issued and trans¬
mitted to Congress a Proclamation slating his
tinding that a "severe energy supply inter¬
ruption currently exists with respect to the
supply of imported crude oit and petroleum
products" (44 FR 40629) In the Proclamation,
the President invoked his authority to imple¬
ment the emergency building temperature
restrictions, and declared July 16. 1979. as the
effective date of the Plan and the regulations
DOE published a notice in the Federal Register
on July 16. 1979. of the etlective date of the
Plan and the regulations (44 FR 41205)

55506 Federal Register / Vol. 44, No. 188 / Wednesday, September 26,1979 / Rules and Regulations

REGULATIONS

Part A: How to Determine if
the Regulations Apply to
Your Building

!■ Buildings which are covered.
The regulations cover all non-
residential buildings in the coun¬
try unless a building is specifi¬
cally excluded or exempted.

O

As Buildings which are ex¬
cluded The regulations exclude
all or portions of four types of
buildings

A

Residential Buildings. Build¬
ings or areas of buildings, used
exclusively tor residential pur¬
poses are not subject to these
temperature restnctions However,
non- residential portions of such
buildings that have separate
heating cooling or hot water
temperature controls, and which
are used tor commercial, indus¬
trial or other business^ purposes
are covered and must'comply
with the regulations

Mote's and Other Lodging
Facilities Buildings that, in the
. •niinary course of business, pro¬
vide lodging or sleeping accomo¬
dations to the public or to private
guests are not covered by these
regulations However, if the non¬
sleeping areas of such buildings
have separate heating, cooling or
water temperature controls, these
areas are covered by the regula¬
tions In hotel buildings, for
example the retail stores, restau¬
rants meeting rooms, lobbies,
and offices that have separate
temperature controls are covered
and must be m compliance with
the regulations

Ca Hospitals and Other Health-
Care Facilities. Facilities autho¬
rized under State law to provide
hospital or health-care services
(t.g., general or specialized hos¬
pitals, clinics, and nursing or con¬
valescent homes) are excluded
However, if the administrative or
other portions of such buildings
where patient care is not provided
have separate heating, cooling or
water temperature controls, such
areas are covered by the regula-'
tions Medical, dental and nursing
school buildings, administrative
buildings, and other buildings
associated with hospitals and
other health-care facilities, but
where patients are not treated, are
covered and must comply with
the regulations The offices of '
physicians and dentists are not
excluded, but an exemption for
health-related reasons is avail
able (For further detail, please
see the Exemption Information
Form.)

i^B Elementary Schools, Nursery
Schools, and Day-Care Centers.
Buildings housing elementary
schools (through sixth grade),
nursery schools, and day-care
centers (as defined by State or
local law) are not covered by the
regulations. However, if a building
is used by both elementary and
junior or senior high school level
students, and those areas used by
junior or senior high school
students have separate heating,
cooling oi water temperature con¬
trols, then those areas are covered
and must be in compliance with
the regulations.

It is possible for portions of a
building to be excluded while the
remainder of the same building is
covered by these regulations. If
you determine, after careful read¬
ing of these instructions, that your
entire building comes under one

of the exclusions, you need do
nothing further. However, if you
determine that your building is
not wholly excluded, you must
comply with the regulations.

3a Buitdirrgs atKl facilities
which are exempted A building
owner, operator or tenant may be
entitled to an exemption from the
temperature restrictions under
certain specified conditions.

These exemptions are described
on the Exemption Information
Form The exemptions are of two
types. (1) general exemptions,
which relate to the circumstances
of a business activity, and
(2) system related exemptions,
which relate to conditions or
operating features of heating,
cooling or hot water equipment
and systems

As a njle, the general exemp¬
tions are available only to that
portion or area of a building
where the specified conditions
exist. For example, an exemption
for “special equipment,” such as
a computer facility, would be
available only in those areas with¬
in the covered building containing
such equipment, and in no other
areas. Only if the building is served
by a single master temperature
control does the exemption ex¬
tend beyond such areas.

Federal Register / Vol. 44, No. 188 / Wednesday, September 26,1979 / Rules and Regulations 55507

Part B: How to Comply with
the Regulations —
Certificates and Forms

This manual contains three
separate forms; (1) Certificate of
Building Compliance. (2) Exemp¬
tion Information Form, and (3)
Building Compliance Information
Form. Only the owner or operator
of the covered building is required
to complete these forms. Instruc¬
tions on the responsibilities and
liabilities-of tenants are presented
in Part E, below.

Certificate of Building Com¬
pliance: In all cases (unless the
building is wholly excluded), the
owner or operator must complete
this form, remove it from the
manual, and post it in a prominent
public location within the building,
e g., lobby or bulletin board.

Failure to post this Certificate by
August 15.1979, 30,days after the
effective date of the regulations,
is a violation subject to penalties.
However, delays occurring in the
distribution and receipt of the
forms will be taken into account
in determining compliance with
the certification requirement. '

Exemption Information Form; This
form IS to be completed only if
one or more of the specified
exemptions are claimed for areas
within a covered building, or if a
special exception has been
granted by DOE. If exemptions
are claimed by tenants of the
building, the building owner or
operator is advised to obtain a
written statement from such
tenants which describes and justi¬
fies the claimed exemptionjs).

Such support documentation
should be retained by the owner/
operator, along with the Form,
and must be available for review
in the event of an inspection of
the building.

Important Note: You are not re¬
quired to apply to DOE for an
exemption from these temperature
restrictions. Any authorized
exemption (as specified on the
Exemption Information Form)
becomes effective immediately
upon your completion of the
Form. You may be subject to a
penalty, however, if a claimed
exemption is determined to be
invalid upon a later inspection and
ruling by DOE. A building owner
or operator shall not be liable for
penalties as a result of an invalid
exemption claimed by a tenant.

Building Compliance Information
Form: Submittal of this form is
mandatory only if claiming an
exemption. Those claiming an
exemption must complete the
Form and return it to DOE with
proper postage by August 15,
1979, or within 10 days after
receipt of this manual, whichever
is later

Part C: How to Comply with
the Regulations —Adjusting
Air Temperatures

la Heating and Cooling Tem¬
perature Restrictions. The regu¬
lations divide heating, ventilating,
and air-conditioning (HVAC) sys¬
tems into two basic categories:

(1) simple systems which, at any
given time, can either heat or
cool, but cannot heat and cool
simultaneously, and (2) compound
or integrated systems which have
the capability to heat and cool
simultaneously, or heat one area
of a building while cooling
another

These instructions cover those
periods when the building is nor¬
mally occupied. A building is corv
sidered occupied, day or night,
when all or part of it is used for
ordinary or customary functions,
but not including such daily
service functions as cleaning and
maintenance. Instructions for
heating and cooling during un¬
occupied periods are provided
below

A

Simple Systems: When the
cooling system is operating, the
thermostats shall be set so that
no cooling energy is used to
lower the room temperature below
78* F. When the heating system is
operating, thermostats shall be set
so that no heating energy is used
to raise the room temperature
above 65* F. (The temperature is
to be measured with a “dry-bulb,”
or ordinary thermometer.) How¬
ever, when cooling, the dry-bulb
temperature may be lowered
below 78* F to the extent neces¬
sary to lower the room "dew¬
point” temperature to not lower

Federal Re gister / Voi. 44, No. 188 / Wednesday. September 26, 1979 / Rules and Regulations

REGULATIONS ^ “

ttian 65* F. (Dew-point temperature
is a measure of humidity. Instnjc-
tions on how to determine the
dew-point temperature are pro¬
vided below under Temperature
Measurement Techniques.)

You may comply with these re¬
quirements by simply setting the
thermostat(s) to the required point,

i.e., 78* F when cooling or 65*F
when heating, or you may comply
by adjusting the thermostats) so
that the room air temperature is
maintained at the prescribed
levels. For further instructions,
see Temperature Measurement
Techniques, below.

Ba Compound or Integrated
Systems: These systems include
dual-duct, reheat recool, multi¬
zone fans, fan-coil units in com¬
bination with central air or refrig¬
erant induction units in combina¬
tion with central air, central
systems with independent window
air-conditioners or heat pumps,
and similar systems. Several alter¬
natives are provided for compli¬
ance in buildings with these
systems, depending upon the
type or configuration of HVAC
system used.

1 . The building owner/operator
may set each temperature control
device so the dry-bulb temper¬
ature (as measured in any room
controlled by the same device) is
not lower than 78® F when cooling
or higher than 65® F when heating.
For example, if the air temper¬
ature in three separate rooms is
controlled by one thermostat, you
may use the measured dry-bulb '
temperature in any one of those
rooms to determine whether you
are in compliance with the regula¬
tions. 'egardless of the thermostat
setting. This same approach may
be applied to control the dew¬
point temperature.

2 . Alternatively, the owner/
operator rrtay use one of the com¬
pliance strategies outlined below:

3 . Heating coils combined with
constant-ak-volume and/or
vaiiable-air-volume HVAC sys¬
tems. In such systems, the
heating coils used for exterior
zor>es of a building typically are
located in fan-coil units, induction
units, baseboard heaters or similar
units. To be in compliance, you
may set the air-temperature con¬
trol devices so that:

• When cooling, no heat is pro¬
vided to the hating unit,

• At all times, no coolant liquid
e g., chilled water or refriger¬
ant, is supplied to the cooling
coils at temperatures below
55® F; and

• When heating, the room dry- '
bulb temperature is maintained
not higher than 65® F.

b> Central chiller/heat pump
HVAC systems. Such systems
typically use a central chiller to
supply cool air to the inner core
of the building and circulate the
warm condenser water from the
chiller to the exterior rooms
where heat is extracted by room
heat pumps. For such systems,
the building shall not be cooled
below 78® F. When heating, the
exterior zones shall not be heated
above 65® F.

C Constant or variable-air-
volume-with-reheat and variable-
air-volume (“aH-aH*! systems: To
be in compliance, set air temper¬
ature control devices so that

• At all times, the temperature
of the air leaving the coolirrg
coils is at least 60® F; artd

• When cooling, the heating
system is turned OFF and the
thermostats (or other local
temperature control devices)
are set at 78® F; and

• When heating, the cooling
system is turned OFF and the
thermostats are set at 65® F.

3. Instead of using any of the
above compliance strategies, the
owner/operator^may use an alter¬
native approacK if a licensed pro¬
fession^ engineer certifies it will
consume less energy for heating
and cooling the building than the
approaches described above. How¬
ever, such an alternative approach
must include adjusting the cooling
system so that: (a) no liquid
coolant is provided to cooling
coils at a temperature below
55® F; or (b) the dry-bulb
temperature of air leaving the
cooling coils is 60® F or higher.

Important Note: You may alter¬
nate at any time between the
compliance strategies described
in B-1, B-2, and B-3. above, to
achieve permissible temperature
levels. For example, with a fan-
coil system, if room temperature
when cooling cannot be reduced
to 78“ F with a circulated chilled
water temperature of 55® F. you
may lower the temperature of the
chilled water. In doing so. how¬
ever, you must then insure that
room air temperature is not
lowered below 78° F. If at another
time, outside air temperatures or

interior heat loads should be
reduced, you may adopt the alter¬
native approach of maintaining
chilled water at 55“ F, or higher,
regardless of the actual room air
temperatures. Other actions may
improve levels of comfort. Fans
will assist the normal movement
of air. Windows may be better in¬
sulated with shades or drapes.
People may be moved away from
hot or cold exterior walls and
windows.

Aa Temperature Restrictions
When a Building Is Unoccupied.
These provisions apply to all
covered buildings, whether they
have simple or complex HVAC
systems.

HVAC systems must be turned
OFF when a building is to be
unoccupied for 8 hours or more,
unless damage would occur to
the building or its contents or the
minimum anticipated outdoor air
temperature (dry-bulb) during the
unoccupied period is expected to
be lower than 50" F.

In the latter case, the temper¬
ature control devices must be set
so that either, (a) the room dry-
bulb temperature is not greater
than 55° F, or (b) the heated
supply-air dry-bulb temperature is
less than 100° F, or (c) the heating-
water temperature is less than
120°F, or (d) the room air temper¬
ature control devices are set to a
level not higher than 55° F, or at
their lowest set-point. Both
heating and cooling systems may
be turned OFF by turning off the
circulating air or circulating water
systems.

WH Temperature Measurement
Techniques. To determine whether
a building is in compliance with
these temperature restrictions, any
one of the following measurement
techniques may be used:

#%aCompliance may be shown
by reading the set-point of the
thermostat. Building owners/
operators are required to maintain
thermostats at reasonable toler¬
ances of accuracy. Any intentional
alteration or damaging of such
devices to produce inaccurate
readings is a violation of the
regulations.

Alternatively, measurements
of the actual room temperature
and humidity levels may be made
by the following means;

• For measuring dry-bulb
temperatures:

- Reading a thermometer
placed within two feet of the
thermostat; or

- Averaging the thermometer
readings taken two feet away
from and at the center of
each external wall in the
room, and at the center of
the room; or

- Taking the temperature at
the center of the room if
there are no external walls.

• For measuring dew-point
temperature:

- Using an instrument that
indicates dew-point temper¬
ature; or

- Inference from the dry-bulb
temperature and relative
humidity (See Table 1 below.)

• For measuring relative
humidity:

- A humidity-indicating device
(hygrometer); or

- Inference from the dew¬
point or from wet-bulb and
dry-bulb temperature mea¬
surements (psychrometer).

• For measuring wet-bulb
temperature:

- An instrument for measuring
wet-bulb temperature (psy¬
chrometer); or

- Inference from the dew¬
point temperature or relative
humidity.

Dew-point or wet-bulb temper¬
atures and relative humidity may
be measured within two feet of
the humidity space-conditioning
control device (humidistat), if
located in the room, or in the
same location used in measuring
the dry-bulb temperature. To allow
for HVAC system cycling, several
temperature and humidity readings
may be spaced to accommodate
the time needed for compressors
to go through their “on-off”
cycles. Where an air-temperature
control device controls the tem¬
perature in more than one room,
the measurement(s) may be made
in any one room controlled by
that device.

Use of Portable Heaters and
Ventilating Equipment. The use of
auxiliary heating devices, e.g.,
portable electric heaters or heat
lamps, is prohibited, except:

(1) when the room dry-bulb tem¬
perature is below 65° F, or (2) to
provide spot heating when the
building is unoccupied. For
example, a person working over¬
time may use auxiliary heating
equipment.

The use of ventilating fans or
ventilating systems is authorized,
even when such use will raise the
room temperature above B5°F
(dry-bulb) or lower it below 78° F
(dry-bulb). The use of free-standing
fans within rooms is authorized at
all times.

Federal Register / Vol. 44, No. 188 / Wednesday. September 26,1979 / Rule8jpd_Regidatio|M

reculahoms

Table 1: Dew-point temperature (“F) estimated from measurements of
dry-bulb temperature and relative humidity.

Diy-Bulb

Temperature

(«F)

50

Relative Humidity (Percent)

60 70 80

90

70

51*

56*

60*

64*

67*

75

55*

60*

65*

68*

72*

78

58*

63*

67*

71*

75*

80

60*

65*

69*

73*

77*

85

64*

70*

74*

78*

82*

Using an ordinary thermometer
and a relative humidity gauge, the
approximate dew-point temper¬
ature can be estimated from this
Table. Example: If the indoor
dry-bulb temperature measures
78" F and the relative humidity
(measured within the room) is 70
percent, the dew-point temper¬
ature is approximately 67* F.
Under these conditions, the
thermostat may be lowered below
78* F to reduce the dew-point

temperature to not more than
65* F. This may be done by first
lowering the thermostat one
degree to 77* F, and rechecking
the relative humidity after the
room temperature has stabilized.

If the estimated dew-point
temperature is still above 65* F,
the thermostat may be lowered
slightly again, and this process
repeated until the estimated dew¬
point is 65* F.

hot-water tank and the nearest
tap. This will allow water in the
storage tank to be heated above
105* F.

Water temperature control
devices must be maintained within
reasonable tolerar>ces of accuracy,
and any alteration with the intent
of having that device function in¬
accurately is prohibited.

Part E: Tenant
Responsibilities

Tenants of buildings covered by
these regulations who have con¬
trol of temperature control devices
such as wall thermostats and win¬
dow air-conditioners are required
to maintain such devices at the
levels required by the regulations.
Failure to comply with these
requirements is a violation subject
to penalties.

A tenant entitled to an exemp¬
tion is required to notify the
building owner or operator in
writing of such exemption. The
exemption becomes effective
upon notification of the owner/
operator. The owner/operator will
attach the claimed exemption to
the Exemption Information Form
which he is required to complete
and retain on file.

Part D: How to Comply with
the Regulations —Adjusting
Water Temperatures

These restrictions apply only to
“domestic" hot water—that is,
water used for personal hygiene
or general cleaning, for example,
in rest rooms or janitorial facilities.
Temperature control devices for
domestic hot water must be set
at 105* F or the lowest setting on
the control device, whichever is
higher. When a building is unoccu¬
pied for more than eight hours,
the domestic hot-water cir¬
culating system pumps (if any)
must be turned OFF. unless this
would damage the building, its
systems, or its internal processes.

Exemptions from these require¬
ments are described on the
Exemption Information Form.

Compliance with the hot-water
temperature restrictions may be
determined by measuring the
water temperatute;

a. in the hot-water supply line:
or

b. at the tank temperature corv
trol point; or

c. at the tap nearest to the tank
discharge point.

Some systems may not have
large hot-water storage capacity.
In such cases, operators may take
advantage of option “c" by install¬
ing a mixing valve between the

Part F: Special Exceptions

In addition to the exemptions (see
the Exemption Information Form^
special exceptions will be granted
when these regulations create
special hardship, inequity, or an
unfair distribution of the burden.
Applications for special excep¬
tions must be in writing and signed
by the person or fjersons so
affected. The application should
set forth the revelant facts and ex¬
plain why these regulations create
a special hardship, inequity, or an
unfair distribution of the burden.
The building (or area therein) in
which the requested exception
would apply also should be
identified.

Form Approvad 0MB No. 038-S79046

55512 Federal Register / Vol. 44, No. 188 / Wednesday, September 26,1979 / Rules and Regulations

Form Approved
OI<BNo.038-S79046

U.S. DEPARTMENT OF ENERGY
EXEMPTION INFORMATION FORM

Building owners or operators must complete this form and keep it on file.
Please do not forward the form to the Department of Energy.

1. Respondent/Building Identification

2 . Building Owner Identification oi ditierent)

(RestK>ndent s Name)

tBuildjng Addressi

(Owner’s Name)

(RF's;ii'nde'‘i s An‘a Code and Telephone Number)

4. Exemption Information

Instiuctions. You are entitled to claim
as much of the building’s area as is requin
vide necessary temperatures to exempt areas'
Exemptions shall become effect ive wh en claim
There are two types of exemptiyiS^t^^^eygi^
exemption which results from ^it^i^jon or yonr

General exemptions (490.31)

□ A. Maintenance of s
is required by m^
applicable instn/tijl
tracts) to prevenidl
490.31(a)(1) ExarrrV

tem^^T^ levels
N^rrs^Jf(or other
^^ent senrice con-
apeiial equipment
m ijloms.

□ B. Maintenance of speciied^^perature and
humidity levels is critical to materials and equip¬
ment used in manufacturing, industrial or com¬
mercial processes. 490.31(a)(2) Examples: freeze
drying, certain printing processes, and nrranu-
facturing and handling of explosives.

□ C. Maintenance of specified temperature and
humidity levels is required for proper storage or
handling of food or other agricultural commod¬
ities, raw materials, goods in process, and
finished goods. 490.31(a)(3) Example: perishable-
food warehouses.

usiness, and (2) a system-specific exemption due
to the nature of your building’s heating arid cooling
and/or hot water systems. Please check the exemp-
tion(s) that apply to your building. Note that section
numbers refer to Department of Energy regulations
(44 FR 39354, July 5,1979).

G D. Special environmental conditions are required
to protect plant or animal life or materials essen¬
tial to the operation of a business. 490.31(a)(4)
Examples: greenhouses, museums, certain
laboratories, art galleries, zoos, and veterinary
hospitals.

G E Maintenance of specific temperature levels is
required to protect the health of persons
490.31(a)(5):

(i) in offices of physicians, dentists, and other
members of health care professions licensed by
the state to provide health-related services; or

(ii) engaged in rehabilitative physical therapy in
physical therapy facilities; or

(iii) utilizing indoor swimming pools. (This
exemption applies only to heating restrictions.)

G F. Maintenance of specific temperature or
humidity levels is required to prevent damage to
the structure or insulation of the building.
490.31(a)(6)

Federal Register / Vol. 44. No. 186 / Wednesday. September 26,1979 / Rules and Regulations 55513

System-specHic exemptions (490.18)

Exemptions affecting heating ^ cooRng systems

(490.18)

G G. Buildings or portions thereof which are neither
heated nor cooled; and buildings or portions
thereof which are equipped with space heating
devices and space cooling devices with total
rated output less than 3.5 Btu per hour (1 watt)
per square foot of gross floor area (You should
be able to find the output on a label on the
equipment, in the manufacturer's literature, or in
the warranty statement) 490.18(aK1)

r 1 H. Buildings that are cooled by a heating, venti¬
lating, and air conditioning (HVAQ system
capable of using outdoor air or evaporation of
water for cooling effect without operation of a
vapor compression or absorption-refrigeration
system. (Applicable only at those times when
such a system' is used for cooling and when the^
outdoor air and/or evaporator effect provides the
only cooling source.) 490.18(a)(2)

G I- Buildings that use othenMise wasted en«i^^
or to power, HVAC systems. (Applica^r^wXw
those times when wasted energy is Mre ^

source of heating and cooling energyJV
490.18(a)(3)

G J. Buildings that use solar

(Applicable only at those tli^es^hef
energy is the only source of\elft^
energy.) 490.18(a)(4) \ V,

G K. Buildings that
capacity is ins
at minimum a
levels for cooli
levels may be

VAC sy

bunding
tuifl^or humidity
emperature

y/or the period

necessary for the temperature to reach the mini¬
mum level otherwise permitted durirrg tne build¬
ing’s occupied period 480.18(14

G L If a licensed Professional Engineer (P.E4 certi¬
fies that operation of the HVAC system in accor¬
dance with the regulations will result in corv
sumption of mor&energy than will some alternate
procedure and ttle^ner/operator agrees to
implement thj/aU6lMte procedure. 490.12(^1)

Exemptions afQCtin|(

G M. Buildings wT^
ingjMuipment ais
^^ffi^^indu^

^td^rtems (490.24)

tTMo^^tic hot water heat-
arcMiaes hot water for manu-
iweommercial processes
»ter temperature higher than

^^^uildin^yfere domestic hot water is the
r^nigsourc^n water avails^ for dishwashing or
purposes which are covered under state or
^^fml health regulations prescribing a Ngher
^^mn^wum temperature than 105*F. 490.24(14

^ Ar^ildings where domestic water heating/
^A^pace heating boilers are combined. (TNs
|ymemption a 4 )plies only when the space heater
^ is used.) 48024(c)

G P. Buildings where solar energy (except for
pumps and fans) provides the only source for
domestic hot water heating energy. When a norv-
solar energy source is operating together with
solar energy, this exemption does not apply.
49024(d)

G Q. Buildings where othenwise wasted energy
provides the only source for domestic hot water
heating energy. (Applies only at those times
when wasted energy is the only source of
energy.) 490.24(e)

5. Exemption Justification

For each exemption checked in Section 4 above,
attach hereto, and retain for possible inspection,
written statements provided to you by tenants claim¬
ing exemptions within your building.

6. Specific Exceptions

G Check here if a specific exception has been
granted by the Department of Errergy for the
building or any portion of the building.

55514 Federal Register / Vol. 44, No. 188 / Wednesday. September 26,1979 / Rules and Regulations

U.S. DEPARTMENT OF ENERGY
BUILDING COMPLIANCE INFORMATION FORM

(Submittal of this Form is Mandatory if any Exemptions are Claimed )

Please Type or Print—See Instructions on Pages 3.

1. Building Owner-Operator-Manager

Name (Last. First Middle)

Building Street Address

Z Building Size

A. Approxin^ Gross Floor Area in
Thousand^ Square Feet

□□□□□

4. Exemptions (If Claimed)
General

D A. Equipment Warranty

□ B. Processes
D C. Perishables

D D. Plant/Animal/Materials

□ E. Health Protection

□ F. Building Structure

5. Compliance Action Ti

□ A. Full Compliance

Syst^ Specilic^ ’

D H. Ootsi^N^?^

□ I. Waste E ne^
^^^^Sola^n^y

5erV(apacity

□ m. Certification

ompliance With
Authorized Exemptions

Hot Water

G M. Dual Use
G N. Dishwashing
G O. Combined
G P..Solar Energy
G Q. Waste Energy

G C. Exception Requested

6. Year This Building Was Originally Constructed

□□□□

7. Types of Fuels Used For Heating and Air Conditioning

Space Heating Air Conditioning

G A Electricity G A Electricity

G B. Natural Gas G B. Gas

G C. Fuel Oil G C. Other (specify) _

G D. Coal

G E. Propane 0. What percentage of this building’Si—ii—ii—•

G F. Other (specify) _ 9^°®® space is air conditioned? I II II 1 7e

Federal Register / Vol. 44, No. 188 / Wednesday, September 26,1979 / Rules and Regulations 55515

REGULATIONS

The letter, and any supporting
documents, should be sent to the
nearest DOE Regional Office of
Hearings and Appeals. The
envelope should be labeled:
“APPLICATION FOR EXCEPTION—
EBTR." Mailing addresses for the
five DOE Regional Offices of
Hearings and Appeals are:

26 Federal Plaza

New York City, NY 10007

1655 Peachtree StreeL N.E.

Atlanta, GA 30309

2626 Mockingbird Lane
Dallas, TX 75235

175 West Jackson Street
Chicago, IL 60604

111 Pine Street

San Francisco, CA 94111

Important Note: a special excep¬
tion does not become effective
until such time as it is granted by
the Department of Energy and the
applicant has been notified.

Part G: Obtaining Further
information

la Toll-Fiee Telephone Lines.

Information concerning this pro¬
gram and how to comply with its
regulations may be obtained by
using the toll-free telephone
numbers listed below. The lines
will be operational between
9:00 A.M. and 5:30 P.M. (Eastern
time), Monday through Friday.

Continental U.S.: 800-424-9122

Alaska, Hawaii,

Puerto Rico,

Virgin Islands: 800-424-9088

Metropolitan

Washington, D.C.: 252-4950

2b doe Regional Offices. Addi¬
tional program information and
materials may be obtained from

Region I

150 Causeway St.

Boston, MA 02114
(617) 223-3106

Region II

26 Federal Plaza
New York, NY 10007
(212) 264-8856

Region III
1421 Cherry St.

Philadelphia, PA 19102
(215) 597-3606

Region IV

1655 Peachtree St., N.E.

Atlanta, GA 30309
(404) 881-2838

Region V

175 W. Jackson St.

Chicago, IL 60604
(312) 353-1036

Region VI

2626 W. Mockingbird Lane
P.O. Box 35228
Dallas, TX 75235
(214) 767-7777

Region VII
324 East 11 St.

Kansas City, MO 64106
(816) 374-3815

Region VIII
1075 S. Yukon

P.O. Box 26247, Belmar Branch
Lakewood, CO 80226
(303) 234-2765

Region IX
111 Pine St.

San Francisco, CA 94111
(415) 556-7148

Region X
915 Second Ave.

Seattle, WA 98174
(206) 442-7285

the following Department of
Energy Regional Offices.

Connecticut, Massachusetts,
Maine, New Hampshire, Rhode
Island, Vermont

New Jersey, New York, Puerto
Rico, Virgin Islands

Delaware, District of Columbia, .
Maryland, Pennsylvania, Virginia,
West Virginia

Alabama, Canal Zone, Florida,
Georgia, Kentucky, Mississippi,
North Carolina, South Carolina,
Tennessee

Illinois, Indiana, Michigan,
Minnesota, Ohio, Wisconsin

Arkansas, Oklahoma, Louisiana,
New Mexico, Texas

Iowa, Kansas, Missouri, Nebraska

Colorado, Montana, North Dakota,
South Dakota, Wyoming, Utah

American Samoa, Arizona,
California, Guam, Hawaii, Nevada,
Trust Territories of the Pacific

Alaska, Idaho, Oregon, Washington