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Full text of "Federal Register 1979-09-26: Vol 44 Iss 188"

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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 


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. 


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) 

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, 

Omi G. Walden, 

Assistant Secretary, Conservation and Solar 


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 

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 

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 

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 


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. 


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


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 

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 

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 


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 


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 

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

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 

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 

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

• For measuring dry-bulb 

- 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 

- 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 

- 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 

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

- Inference from the dew¬ 
point temperature or relative 

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 

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 


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





Relative Humidity (Percent) 

60 70 80 
































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 

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: 

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 

Form Approvad 0MB No. 038-S79046 

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

Form Approved 


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 

G E Maintenance of specific temperature levels is 
required to protect the health of persons 

(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. 

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

System-specHic exemptions (490.18) 

Exemptions affecting heating ^ cooRng systems 


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 

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 

tuifl^or humidity 

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 

^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. 

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 


(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) 

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^ 


□ 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 


The letter, and any supporting 
documents, should be sent to the 
nearest DOE Regional Office of 
Hearings and Appeals. The 
envelope should be labeled: 
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 

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 


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, 

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