Unknown. Final rule; technical amendment

6,453 words·~29 min read·/register/2011/09/23/2011-24500

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2011-09-23.xml --- 76 185 Friday, September 23, 2011 Contents Agriculture Agriculture Department See Food and Nutrition Service See Forest Service Antitrust Division Antitrust Division NOTICES National Cooperative Research and Production Act of 1993: Limo Foundation, 59161-59162 2011-24394 National Center for Manufacturing Sciences, Inc., 59162 2011-24398 National Warheads and Energetics Consortium, 59161 2011-24396 Robotics Technology Consortium, Inc., 59160-59161 2011-24397 Army Army Department See Engineers Corps NOTICES Interim Change to Military Freight Traffic Unified Rules Publication No. 1, 59119 2011-24492 Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Disease Centers for Disease Control and Prevention NOTICES Meetings:

Disease, Disability, and Injury Prevention and Control Special Emphasis Panel; Initial Review, 59133 2011-24667 Subcommittee on Dose Reconstruction Reviews, Advisory Board on Radiation and Worker Health, 59133 2011-24541 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 59133-59134 2011-24522 Medicare and Medicaid Programs: Approval of Joint Commission's Continued Deeming Authority for Critical Access Hospitals, 59134-59136 2011-24496 Medicare and Medicaid Programs;

Continued Deeming Authority for Home Health Agencies Applications: Community Health Accreditation Program, 59136-59138 2011-24547 Medicare Program; Medicare Appeals: Adjustment to the Amount in Controversy Threshold Amounts for Calendar Year 2012, 59138-59139 2011-24539 Central Central Intelligence Agency RULES Access by Historical Researchers and Certain Former Government Personnel, 59034-59036 2011-21576 Classification Challenge Regulations, 59031-59032 2011-21574 Mandatory Declassification Review, 59032-59034 2011-21572 PROPOSED RULES Freedom of Information Act Regulations, 59071-59073 2011-21577 Privacy Act, 59073-59074 2011-21575 Coast Guard Coast Guard RULES Drawbridge Operations:

Hutchinson River, Bronx, NY, 59036 2011-24417 NOTICES Meetings: Merchant Marine Personnel Advisory Committee, Correction, 59147-59148 2011-24579 Commerce Commerce Department See Economics and Statistics Administration See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration See Patent and Trademark Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Commercial Fishing Vessel Cost and Earnings Data Collection Survey in Northeast Region, 59110-59111 2011-24435 Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List; Additions and Deletions, 59116-59117 2011-24463 Procurement List; Proposed Additions and Deletions, 59117-59118 2011-24462 Commodity Futures Commodity Futures Trading Commission NOTICES Meetings; Sunshine Act, 2011-24650 2011-24652 2011-24654 59118-59119 2011-24655 Consumer Product Consumer Product Safety Commission RULES Standard for Flammability of Mattresses and Mattress Pads, 59014-59023 2011-24482 NOTICES Meetings;

Sunshine Act, 59119 2011-24545 2011-24546 Defense Department Defense Department See Army Department See Engineers Corps Economics and Statistics Economics and Statistics Administration NOTICES Meetings: Bureau of Economic Analysis Advisory Committee, 59111 2011-24497 Education Education Department RULES State Fiscal Stabilization Fund Program, 59036-59050 2011-24407 PROPOSED RULES State Fiscal Stabilization Fund Program and Discretionary and Other Formula Grant Programs, 59074-59085 2011-24563 NOTICES Race to Top Fund Phase 3:

Correction, 59124-59125 2011-24624 Employment and Training Employment and Training Administration NOTICES Affirmative Determinations Regarding Applications for Reconsideration: Navistar Truck Development and Technology Center, Fort Wayne, IN, 59166 2011-24478 Parkdale America, LLC, Plant #22, Galax, VA, 59166-59167 2011-24479 Tecumseh Products Corp., Ann Arbor, MI, 59167 2011-24476 Amended Certifications Regarding Eligibility to Apply for Worker Adjustment Assistance: Sara Lee Corp., et al., 59168 2011-24471 Siemens Medical Solutions USA, Inc., Concord, VA and Malvern, PA, 59167-59168 2011-24468 Determinations Regarding Eligibility to Apply for Worker Adjustment and Alternative Trade Adjustment Assistance, 59168-59170 2011-24477 Investigations Regarding Certifications of Eligibility to Apply for Worker Adjustment and Alternative Trade Adjustment Assistance, 59170 2011-24469 Negative Determinations Regarding Applications for Reconsideration:

Hartford Financial Services, Inc., Hartford, CT, 59170-59171 2011-24470 Travelers Insurance, Syracuse, NY, 59171 2011-24480 Energy Department Energy Department RULES Energy Conservation Program: Compliance Certification for Electric Motors; Technical Amendment, 59003-59008 2011-24500 Engineers Engineers Corps NOTICES Environmental Impact Statements; Availability, etc.: Newhall Ranch Resource Management and Development Plan, Santa Clarita, CA, 59121-59122 2011-24509 Proposed Marine Terminal Development at Pier S, etc., Port of Long Beach, Los Angeles County, CA, 59119-59121 2011-24507 Puyallup River General Investigation Study, Pierce County, WA, 59123-59124 2011-24484 US 17 and Market Street (US 17 Business) Corridor, Northern New Hanover and Southern Pender Counties, NC, 59122-59123 2011-24485 Environmental Protection Environmental Protection Agency PROPOSED RULES Approvals and Promulgations of Air Quality Implementation Plans:

Delaware; Adhesives and Sealants, 59087-59088 2011-24518 Delaware; Amendments to Control of Volatile Organic Compound Emissions from Offset Lithographic Printing and Letterpress Printing, 59089-59090 2011-24521 Approvals and Promulgations of Implementation Plans: Oregon; New Source Review/Prevention of Significant Deterioration Rule Revisions and Air Quality Permit Streamlining Rule Revisions, 59090-59102 2011-24525 NOTICES Environmental Impact Statements; Availability, etc.:

Weekly Receipt, 59125 2011-24504 Meetings: Ozone Transport Commission, 59125-59126 2011-24537 Pesticide Experimental Use Permits; Receipt of Applications, 59126-59127 2011-24515 Executive Office of the President See Central Intelligence Agency Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus Model A300-600 Series Airplanes and A310 Series Airplanes, 59008-59011 2011-24203 BAE SYSTEMS (OPERATIONS) LIMITED Model BAe 146 and Avro 146-RJ Airplanes, 59011-59013 2011-24202 Rolls-Royce plc

(RR)RB211 Trent 800 Series Turbofan Engines; Correction, 59013 2011-24282 Amendment of Class E Airspace: Burlington, VT, 59013-59014 2011-24349 PROPOSED RULES Airworthiness Directives: Bombardier, Inc. Model CL-600-2B16 (CL 601 3A, CL 601 3R, and CL 604 Variants) Airplanes, 59067-59069 2011-24432 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Aircraft Registration Renewal, 59185 2011-24458 Certification of Airmen for Operation of Light-Sport Aircraft, 59184 2011-24456 New England Region Aviation Expo Database, 59186 2011-24457 Notice of Landing Area Proposal, 59185-59186 2011-24459 Use of Certain Personal Oxygen Concentrator Devices on Board Aircraft, 59184-59185 2011-24465 Federal Communications Federal Communications Commission RULES Preserving Open Internet, 59192-59235 2011-24259 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 2011-24531 59127-59128 2011-24661 Federal Emergency Federal Emergency Management Agency NOTICES Emergency Declarations: North Dakota; Amendment No. 3, 59148 2011-24453 Pennsylvania; Amendment No. 2, 59148 2011-24452 Major Disaster Declarations: North Dakota; Amendment No. 11, 59149 2011-24450 Texas; Amendment No. 1, 59149-59150 2011-24447 Texas; Amendment No. 2, 59149 2011-24446 Vermont; Amendment No. 7, 59148-59149 2011-24448 Federal Housing Finance Agency Federal Housing Finance Agency PROPOSED RULES Regulatory Review Plan, 59066-59067 2011-24405 Federal Maritime Federal Maritime Commission NOTICES Ocean Transportation Intermediary Licenses; Applicants, 59128 2011-24414 Ocean Transportation Intermediary Licenses; Reissuances, 59128 2011-24413 Ocean Transportation Intermediary Licenses; Revocations, 59128-59129 2011-24412 Federal Reserve Federal Reserve System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Prohibition on Funding of Unlawful Internet Gambling, 59188-59189 2011-24520 Fiscal Fiscal Service RULES Federal Government Participation in Automated Clearing House, 59024-59031 2011-23898 Fish Fish and Wildlife Service NOTICES Environmental Impact Statements; Availability, etc.: Elizabeth Hartwell Mason Neck and Featherstone National Wildlife Refuges, Virginia, 59153-59155 2011-24552 Food and Drug Food and Drug Administration RULES Oral Dosage Form New Animal Drugs: Tylosin, 59023-59024 2011-24461 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: New Animal Drugs for Investigational Uses, 59139-59141 2011-24433 Determinations that Drug Products were Not Withdrawn from Sale for Reasons of Safety or Effectiveness: LOXITANE Capsules, et al., 59141 2011-24402 Guidance for Industry; Availability: Reproductive and Developmental Toxicities - Integrating Study Results to Assess Concerns, 59142 2011-24431 Meetings: Advisory Committee for Reproductive Health Drugs and Drug Safety and Risk Management Advisory Committee, 59143-59144 2011-24532 Advisory Committee for Reproductive Health Drugs and the Drug Safety and Risk Management Advisory Committee, 59142-59143 2011-24533 Withdrawal of Approval of 27 New Drug Applications and 58 Abbreviated New Drug Applications: Novartis Pharmaceuticals Corp. et al.; Correction, 59144 2011-24400 Food and Nutrition Food and Nutrition Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Supplemental Nutrition Assistance Program Prisoner and Death Match Requirements, 59109-59110 2011-24411 Forest Forest Service NOTICES Publications of Legal Notices of Proposed Hazardous Fuel Reduction Projects: Alaska Region, 59110 2011-24295 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 59129-59133 2011-24442 2011-24443 2011-24444 2011-24495 Health Resources Health Resources and Services Administration NOTICES National Practitioners Data Bank: Name Change of Proactive Disclosure Service to Continuous Query, 59144-59145 2011-24403 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Housing Housing and Urban Development Department PROPOSED RULES Section 8 Management Assessment Program Lease-Up Indicator; Revision, 59069-59071 2011-24514 NOTICES Federal Property Suitable as Facilities to Assist Homeless, 59150-59151 2011-24150 Funding Awards: HOPE VI Main Street Grant Program Fiscal Year 2009, 59151-59152 2011-24399 Section 4 Capacity Building for Community Development and Affordable Housing Program Fiscal Year 2011, 59152-59153 2011-24395 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service International Trade Adm International Trade Administration NOTICES Antidumping Duty Administrative Reviews; Extension of Time for Final Results: Pure Magnesium from the People's Republic of China, 59111 2011-24557 Antidumping Duty Changed Circumstances Reviews; Extension of Time Limit for Final Results Diamond Sawblades and Parts Thereof from the People's Republic of China, 59111-59112 2011-24559 Justice Department Justice Department See Antitrust Division NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Semi-Annual Progress Report for Rural Domestic Violence, Dating Violence, Sexual Assault, Stalking, and Child Abuse Enforcement Assistance Program, 59160 2011-24473 Labor Department Labor Department See Employment and Training Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Attestation by Employers Using Crewmembers for Longshore Activities at Locations in State of Alaska, 59165-59166 2011-24481 Federal Employees Compensation Act Medical Report Forms, Claim for Compensation, 59162-59163 2011-24472 Guam Military Base Realignment Contractors Recruitment Standards, 59163-59165 2011-24483 Land Land Management Bureau RULES Minerals Management: Adjustment of Cost Recovery Fees, 59058-59063 2011-24494 NOTICES Environmental Impact Statements; Availability, etc.: Proposed Ironwood Forest National Monument Resource Management Plan, 59156-59157 2011-24340 South Coast Draft Resource Management Plan Revision, 59155-59156 2011-24493 Public Land Orders: No. 7783; Extension of Withdrawal Created by Subtitle A of Public Law No. 104 201; Colorado, 59157-59158 2011-24524 Merit Merit Systems Protection Board NOTICES Opportunities To File Amicus Briefs, 59171-59172 2011-24439 NASA National Aeronautics and Space Administration NOTICES Meetings: NASA Advisory Council; Science Committee; Astrophysics Subcommittee, 59172-59173 2011-24491 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings: Humanities Panel, 59173 2011-24401 National Institute National Institute of Standards and Technology NOTICES Meetings: Information Security and Privacy Advisory Board, 59112-59113 2011-24529 Requests for Information: How to Structure Proposed New Program; Advanced Manufacturing Technology Consortia, 59113 2011-24538 National Institute National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: NINR End-of-Life and Palliative Care Science Needs Assessment; Funding Source (Survey of Authors), 59145 2011-24510 Meetings: Advisory Committee on Research on Women's Health, Office of Director, 59146 2011-24505 Center for Scientific Review, 59146-59147 2011-24503 National Institute of Diabetes and Digestive and Kidney Diseases, 59145-59146 2011-24508 National Institute of Environmental Health Sciences, 59147 2011-24501 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of Caribbean, Gulf of Mexico, and South Atlantic: Snapper Grouper Fishery of South Atlantic; Closure, 59063-59064 2011-24502 Stone Crab Fishery of Gulf of Mexico; Removal of Regulations, 59064 2011-24274 Fisheries of Exclusive Economic Zone Off Alaska: Shallow-Water Species by Vessels Using Trawl Gear in Gulf of Alaska, 59064-59065 2011-24499 PROPOSED RULES Fisheries of Caribbean, Gulf of Mexico, and South Atlantic: Spiny Lobster Fishery of Gulf of Mexico and South Atlantic, 59102-59108 2011-24550 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Pacific Islands Logbook Family of Forms, 59113-59114 2011-24436 National Park National Park Service NOTICES Environmental Impact Statements; Availability, etc.: Apostle Islands National Lakeshore, WI, 59159 2011-24555 Effigy Mounds National Monument, Iowa, 59158-59159 2011-24543 National Science National Science Foundation NOTICES Meetings: Ad Hoc Advisory Committee on Merit Review Process, 59173 2011-24486 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Draft Regulatory Guides; Withdrawals: Standard Format and Content of License Applications for Conventional Uranium Mills, 59173-59174 2011-24475 Environmental Assessments; Availability, etc.: License NS-1, Baltimore, MD, 59174-59175 2011-24474 Meetings; Sunshine Act, 59175 2011-24606 Patent Patent and Trademark Office RULES Changes to Implement Prioritized Examination Track of Enhanced Examination Timing Control Procedures, 59050-59055 2011-24467 Revision of Standard for Granting Inter Partes Reexamination Request, 59055-59058 2011-24464 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 59114 2011-24506 Establishment of One-Year Retention Period for Trademark-Related Papers, etc.; Request for Comment, 59114-59115 2011-24466 Patent Fee Changes under Leahy-Smith America Invents Act; Availability, 59115-59116 2011-24672 Personnel Personnel Management Office NOTICES Meetings: Federal Salary Council, 59175 2011-24490 Postal Regulatory Postal Regulatory Commission PROPOSED RULES Appeals of Post Office Closings, 59085-59087 2011-24311 Postal Service Postal Service NOTICES Meetings; Sunshine Act, 59175-59176 2011-24704 Public Debt Public Debt Bureau See Fiscal Service Small Business Small Business Administration NOTICES Disaster Declarations: Georgia, 59177 2011-24416 Indiana, 59176-59177 2011-24418 New Mexico, 59176 2011-24429 New York, 59177 2011-24422 New York; Amendment 1, 59176 2011-24419 Major Disaster Declarations: Maine, 59177-59178 2011-24430 New York; Amendment 7, 2011-24420 59178-59179 2011-24424 North Carolina; Amendment 3, 59180 2011-24426 Pennsylvania; Amendment 1, 59179 2011-24428 Peurto Rico; Amendment 2, 59178 2011-24427 Puerto Rico; Amendment 2, 59179 2011-24423 Puerto Rico; Amendment 3, 59179-59180 2011-24425 Texas; Amendment 1, 59179 2011-24421 Social Social Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 59180-59182 2011-24437 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition Determinations: Impressionism; Masterworks on Paper, 59182 2011-24540 Exchange Visitor Programs: Summer Work Travel Program Sponsor On-Site Reviews, 59182-59183 2011-24551 Surface Transportation Surface Transportation Board NOTICES Renewal of National Grain Car Council, 59186 2011-24449 Renewal of Rail Energy Transportation Advisory Committee, 59186-59187 2011-24440 Tennessee Tennessee Valley Authority NOTICES Meetings: Regional Resource Stewardship Council, 59183-59184 2011-24535 Transportation Department Transportation Department See Federal Aviation Administration See Surface Transportation Board Treasury Treasury Department See Fiscal Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 59187-59188 2011-24488 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Prohibition on Funding of Unlawful Internet Gambling, 59188-59189 2011-24520 Veteran Affairs Veterans Affairs Department NOTICES Meetings: Special Medical Advisory Group, 59189-59190 2011-24410 Voluntary Service National Advisory Committee, 59190 2011-24415 Separate Parts In This Issue Part II Federal Communications Commission, 59192-59235 2011-24259 Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 76 185 Friday, September 23, 2011 Rules and Regulations DEPARTMENT OF ENERGY 10 CFR Part 431 [Docket No. EERE-2010-BT-CE-0014] RIN 1904-AC23 Energy Conservation Program: Compliance Certification for Electric Motors AGENCY: Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Final rule; technical amendment. SUMMARY: This final rule provides a new means for manufacturers of electric motors and their private labelers to prepare and submit Compliance Certification information to the Department of Energy (DOE or the “Department”) through an electronic Web-based tool, the Compliance and Certification Management System (CCMS). The CCMS is the preferred mechanism for submitting Compliance Certification information for electric motors covered under the Energy Policy and Conservation Act (EPCA), as amended. This rule is also being issued to correct the sample Compliance Certification form currently located in Appendix C to Subpart B of 10 CFR Part 431 to be consistent with the Energy Independence and Security Act of 2007 (EISA 2007) energy conservation standards. Additionally, this rule updates the address and contact information used to submit Compliance Certification information through certified mail to DOE. DATES: *Effective date:* September 23, 2011. ADDRESSES: For access to the docket and to read background material, visit the U.S. Department of Energy, Resource Room of the Building Technologies Program, 950 L'Enfant Plaza, SW., 6th Floor, Washington, DC 20024,

(202)586-2945, between 9 a.m. and 4 p.m. Monday through Friday, except Federal holidays. Please call Ms. Brenda Edwards at the above telephone number for additional information regarding visiting the Resource Room. FOR FURTHER INFORMATION CONTACT: Ms. Ashley Armstrong, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Program, EE-2J, 1000 Independence Avenue, SW., Washington, DC 20585-0121. Telephone: 202-586-6590. E-mail: *Ashley.Armstrong@ee.doe.gov;* and Ms. Celia Sher, U.S. Department of Energy, Office of the General Counsel, Forrestal Building, GC-71, 1000 Independence Avenue, SW., Washington, DC 20585. Telephone: 202-287-6122. E-mail: *Celia.Sher@hq.doe.gov.* SUPPLEMENTARY INFORMATION: I. Background EPCA establishes energy efficiency standards and test procedures for certain commercial and industrial equipment, including electric motors, 42 U.S.C. 6291 *et seq.,* and states in relevant part that, “the Secretary [of Energy] shall require manufacturers to certify” that each electric motor meets the applicable energy efficiency standards. (42 U.S.C. 6316(c)) To achieve this end, EPCA authorizes the Secretary to issue the necessary rules requiring each manufacturer or private labeler of covered electric motors to submit information and reports to ensure compliance. (42 U.S.C. 6316(a)) This directive is carried out under Section 431.36 of Title 10 of the Code of Federal Regulations (CFR), which requires that each manufacturer or private labeler, before distributing in commerce any basic model of an electric motor subject to the applicable energy conservation standard, certify by means of a Compliance Certification that each basic model(s) meets the applicable energy conservation standard. Section 313(b)(1)(B) of EISA 2007 amended EPCA to require each National Electrical Manufacturers Association

(NEMA)Design B, general purpose electric motor with a power rating of more than 200 horsepower, but not greater than 500 horsepower, manufactured (alone or as a component of another piece of equipment) after December 19, 2010, to have a nominal full load efficiency that is not less than the values in NEMA Standard MG-1

(2006)Table 12-11. (42 U.S.C. 6313(b)(2)(D)) DOE codified this requirement at 10 CFR 431.25(f). 74 FR 12058 (March 23, 2009). Appendix C to Subpart B of 10 CFR Part 431 provides a format for a manufacturer or private labeler to report the energy efficiency of its basic models of electric motors according to rated horsepower or kilowatts, number of poles, and open or enclosed construction. II. Discussion A. Submission of Compliance Certification Information DOE establishes that Compliance Certification information for electric motors may be submitted to DOE through either of the following means: 1. Compliance and Certification Management System (CCMS)—via the Web portal: *https://www.regulations.doe.gov/ccms.* Follow the instructions on the CCMS Web site for submitting compliance statements and certification reports. The CCMS is a tool for certification of compliance with applicable energy conservation standards. Submission of Compliance Certification information via the CCMS is strongly encouraged and will satisfy DOE's compliance and certification reporting requirements for electric motors. 2. Certified Mail—send to: Certification and Compliance Reports, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Program, EE-2J, Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 20585-0121. Initially, the CCMS database will be used only as an alternative method for the submission of Compliance Certification information for electric motors, in addition to the current certified mail option. In a future rulemaking, DOE anticipates proposing to remove the certified mail option to make electronic submissions of Compliance Certification information through the CCMS the sole method of submission for electric motors. Such a requirement would be consistent with DOE's March 7, 2011 final rule titled “Certification, Compliance and Enforcement for Consumer Products and Commercial and Industrial Equipment.” 76 FR 12422. In that final rule, DOE noted its intent, where possible, to harmonize the certification provisions for electric motors with the requirements for covered products and equipment under Part 429 of the CFR, which includes mandatory electronic submission. 76 FR 12447. B. Sample Compliance Certification Form In order to provide clarity to manufacturers, DOE is correcting the sample Compliance Certification form currently located in Appendix C to Subpart B of 10 CFR part 431 to be consistent with the EISA 2007 energy conservation standards. DOE's regulations, under 10 CFR 431.36(b), require manufacturers of electric motors to use the format in Appendix C to subpart B of 10 CFR part 431 for submitting Compliance Certification reports. As published, this Compliance Certification form does not allow manufacturers to identify the correct motor subtype and product class information that would allow DOE to determine whether a basic model is in compliance with the EISA 2007 standards. Consequently, today's final rule conforms the sample Compliance Certification form and table with the efficiency levels resulting from EISA 2007 by replacing the table with a revised table showing the additional subtypes and product classes of electric motors subject to the EISA 2007 standards. III. Procedural Requirements A. Executive Order 12866 Today's regulatory action is not a “significant regulatory action” under section 3(f) of Executive Order 12866, “Regulatory Planning and Review,” 58 FR 51735 (October 4, 1993). Accordingly, this action was not subject to review under that Executive Order by the Office of Information and Regulatory Affairs

(OIRA)of the Office of Management and Budget (OMB). B. Administrative Procedure Act The Department finds good cause to waive notice and comment on these regulations pursuant to 5 U.S.C. 553(b)(3)(B), and the 30-day delay in effective date pursuant to 5 U.S.C. 553(d). Notice and comment are unnecessary and contrary to the public interest because this final rule does not require any new actions on the part of manufacturers, private labelers, or third-party representatives; rather it simply allows an alternative option for submission of information which is already required, and is otherwise technical in nature. A delay in effective date is unnecessary and contrary to the public interest for these same reasons. Therefore, these regulations are being published as final regulations and are effective immediately. C. National Environmental Policy Act DOE has determined that this rule falls into a class of actions that are categorically excluded from further review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 *et seq.* ) and DOE's implementing regulations at 10 CFR part 1021. This rule amends an existing rule without changing its environmental effect, and, therefore, is covered by the Categorical Exclusion A5 found in appendix A to subpart D, 10 CFR part 1021. Accordingly, neither an environmental assessment nor an environmental impact statement is required. D. Regulatory Flexibility Act The Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ) requires preparation of an initial regulatory flexibility analysis for any rule that must be proposed for public comment, unless the agency certifies that the rule will have no significant economic impact on a substantial number of small entities. As required by Executive Order 13272, “Proper Consideration of Small Entities in Agency Rulemaking,” 67 FR 53461 (August 16, 2002), DOE published procedures and policies on February 19, 2003, to ensure that the potential impacts of its rules on small entities are properly considered during the rulemaking process. 68 FR 7990. DOE has made its procedures and policies available on the Office of the General Counsel's Web site at *http://www.gc.doe.gov.* Because a notice of proposed rulemaking is not required under the Administrative Procedure Act or other applicable law, the Regulatory Flexibility Act does not require certification or the conduct of a regulatory flexibility analysis for this rule. E. Paperwork Reduction Act Manufacturers of electric motors must certify to DOE that their products comply with any applicable energy conservation standards. In certifying compliance, manufacturers must test their products according to the DOE test procedures for electric motors, including any amendments adopted for those test procedures. DOE has established regulations for the certification and recordkeeping requirements for electric motors. 10 CFR 431.36. The collection-of-information requirement for the certification and recordkeeping is subject to review and approval by OMB under the Paperwork Reduction Act (PRA). This requirement has been approved by OMB under OMB control number 1910-1400. Public reporting burden for the certification is estimated to average 20 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Notwithstanding any other provision of the law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the PRA, unless that collection of information displays a currently valid OMB Control Number. F. Unfunded Mandates Reform Act of 1995 Title II of the Unfunded Mandates Reform Act of 1995

(UMRA)(Pub. L. 104-4) requires each Federal agency to assess the effects of Federal regulatory actions on State, local, and Tribal governments and the private sector. For proposed regulatory actions likely to result in a rule that may cause expenditures by State, local, and Tribal governments, in the aggregate, or by the private sector, of $100 million or more (adjusted annually for inflation), section 202 of UMRA requires a Federal agency to publish estimates of the resulting costs, benefits, and other effects on the national economy. (2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to develop an effective process to permit timely input by elected officers of State, local, and Tribal governments on a proposed “significant intergovernmental mandate.” UMRA also requires an agency plan for giving notice and opportunity for timely input to small governments that may be affected before establishing a requirement that might significantly or uniquely affect them. On March 18, 1997, DOE published a statement of policy on its process for intergovernmental consultation under UMRA (62 FR 12820) (also available at *http://www.gc.doe.gov* ). Today's final rule contains neither an intergovernmental mandate nor a mandate that may result in the expenditure of $100 million or more in any year, so these requirements do not apply. G. Treasury and General Government Appropriations Act, 1999 Section 654 of the Treasury and General Government Appropriations Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family Policymaking Assessment for any rule that may affect family well-being. Today's rule would have no impact on the autonomy or integrity of the family as an institution. Accordingly, DOE has concluded that it is unnecessary to prepare a Family Policymaking Assessment. H. Executive Order 13132 Executive Order 13132, “Federalism,” 64 FR 43255 (August 4, 1999) imposes certain requirements on agencies formulating and implementing policies or regulations that preempt State law or that have Federalism implications. The executive order requires agencies to examine the constitutional and statutory authority supporting any action that would limit the policymaking discretion of the States and to carefully assess the necessity for such actions. DOE has examined this final rule and determined that it would not preempt State law and would have no substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Executive Order 13132 requires no further action. I. Executive Order 12988 With respect to the review of existing regulations and the promulgation of new regulations, section 3(a) of Executive Order 12988, “Civil Justice Reform,” 61 FR 4729 (February 7, 1996), imposes on Federal agencies the general duty to adhere to the following requirements:

(1)Eliminate drafting errors and ambiguity,

(2)write regulations to minimize litigation,

(3)provide a clear legal standard for affected conduct rather than a general standard, and

(4)promote simplification and burden reduction. Regarding the review required by section 3(a), section 3(b) of Executive Order 12988 specifically requires that Executive agencies make every reasonable effort to ensure that the regulation

(1)clearly specifies the preemptive effect, if any;

(2)clearly specifies any effect on existing Federal law or regulation;

(3)provides a clear legal standard for affected conduct while promoting simplification and burden reduction;

(4)specifies the retroactive effect, if any;

(5)adequately defines key terms; and

(6)addresses other important issues affecting clarity and general draftsmanship under any guidelines issued by the Attorney General. Section 3(c) of Executive Order 12988 requires Executive agencies to review regulations in light of applicable standards in sections 3(a) and 3(b) to determine whether they are met or it is unreasonable to meet one or more of them. DOE has completed the required review and determined that, to the extent permitted by law, this rule meets the relevant standards of Executive Order 12988. J. Treasury and General Government Appropriations Act, 2001 The Treasury and General Government Appropriations Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most disseminations of information to the public under guidelines established by each agency pursuant to general guidelines issued by OMB. OMB's guidelines were published at 67 FR 8452 (February 22, 2002), and DOE's guidelines were published at 67 FR 62446 (October 7, 2002). DOE has reviewed today's rulemaking under the OMB and DOE guidelines and has concluded that it is consistent with applicable policies in those guidelines. K. Executive Order 13211 Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use,” 66 FR 28355 (May 22, 2001), requires Federal agencies to prepare and submit to OMB a Statement of Energy Effects for any proposed significant energy action. A “significant energy action” is defined as any action by an agency that promulgated or is expected to lead to promulgation of a final rule, and that

(1)is a significant regulatory action under Executive Order 12866, or any successor order; and

(2)is likely to have a significant adverse effect on the supply, distribution, or use of energy; or

(3)is designated by the Administrator of OIRA as a significant energy action. For any proposed significant energy action, the agency must give a detailed statement of any adverse effects on energy supply, distribution, or use should the proposal be implemented, and of reasonable alternatives to the action and their expected benefits on energy supply, distribution, and use. Today's regulatory action is not a significant regulatory action under Executive Order 12866 or any successor order; would not have a significant adverse effect on the supply, distribution, or use of energy; and has not been designated by the Administrator of OIRA as a significant energy action. Accordingly, DOE has not prepared a Statement of Energy Effects. L. Executive Order 12630 Pursuant to Executive Order 12630, “Governmental Actions and Interference with Constitutionally Protected Property Rights,” 53 FR 8859 (March 15, 1988), DOE has determined that this rule would not result in any takings that might require compensation under the Fifth Amendment to the U.S. Constitution. M. Section 32 of the Federal Energy Administration Act of 1974 Under section 301 of the Department of Energy Organization Act (Pub. L. 95-91), the Department of Energy must comply with section 32 of the Federal Energy Administration Act of 1974 (Pub. L. 93-275), as amended by the Federal Energy Administration Authorization Act of 1977 (Pub. L. 95-70). (15 U.S.C. 788) Section 32 provides that where a proposed rule authorizes or requires use of commercial standards, the notice of proposed rulemaking must inform the public of the use and background of such standards. In addition, section 32(c) requires DOE to consult with the Department of Justice

(DOJ)and the Federal Trade Commission

(FTC)concerning the impact of the commercial or industry standards on competition. This final rule to provide for use of the CCMS system for the submission of Compliance Certification information and correct the sample Compliance Certification form does not require the use of any commercial standards. Therefore, no consultation with either DOJ or FTC is required. N. Congressional Notification As required by 5 U.S.C. 801, DOE will report to Congress on the promulgation of today's rule before its effective date. The report will state that it has been determined that the rule is not a “major rule” as defined by 5 U.S.C. 804(2). IV. Approval of the Office of the Secretary The Secretary of Energy has approved publication of this final rule. List of Subjects in 10 CFR Part 431 Administrative practice and procedure, Confidential business information, Energy conservation, Household appliances, and Reporting and recordkeeping requirements. Issued in Washington, DC, on September 12, 2011. Kathleen Hogan, Deputy Assistant Secretary for Energy Efficiency, Office of Technology Development, Energy Efficiency and Renewable Energy. For the reasons set forth in the preamble, chapter II of title 10, Code of Federal Regulations, part 431 is amended to read as set forth below. PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT 1. The authority citation for part 431 continues to read as follows: Authority: U.S.C. 6291-6317. 2. Section 431.36 is amended by revising paragraph

(d)to read as follows: § 431.36 Compliance Certification.

(d)*Signature and submission.* A manufacturer or private labeler must submit the Compliance Certification either on its own behalf, signed by a corporate official of the company, or through a third party (for example, a trade association or other authorized representative) acting on its behalf. Where a third party is used, the Compliance Certification must identify the official of the manufacturer or private labeler who authorized the third party to make representations on the company's behalf, and must be signed by a corporate official of the third party. The Compliance Certification must be submitted to the Department electronically at *https://www.regulations.doe.gov/ccms.* Alternatively, the Compliance Certification may be submitted by certified mail to: Certification and Compliance Reports, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Program, EE-2J, Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 20585-0121. 3. Appendix C to subpart B of part 431 is revised to read as follows: APPENDIX C TO SUBPART B OF PART 431—COMPLIANCE CERTIFICATION Certification of Compliance With Energy Efficiency Standards for Electric Motors (Office of Management and Budget Control Number: 1910-1400. Expires February 13, 2014) An electronic form is available at *https://www.regulations.doe.gov/ccms/.* 1. Name and Address of Company (the “company”): 2. Name(s) to be Marked on Electric Motors to Which this Compliance Certification Applies: 3. If manufacturer or private labeler wishes to receive a unique Compliance Certification number for use with any particular brand name, trademark, or other label name, fill out the following two items: A. List each brand name, trademark, or other label name for which the company requests a Compliance Certification number: B. List other name(s), if any, under which the company sells electric motors (if not listed in item 2 above): Submit electronically at *https://www.regulations.doe.gov/ccms.* *Submit paper form by Certified Mail to:* U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies (EE-2J), Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 20585-0121. This Compliance Certification reports on and certifies compliance with requirements contained in 10 CFR Part 431 (Energy Conservation Program for Certain Commercial and Industrial Equipment) and Part C of the Energy Policy and Conservation Act (Pub. L. 94-163), and amendments thereto. It is signed by a responsible official of the above named company. Attached and incorporated as part of this Compliance Certification is a Listing of Electric Motor Efficiencies. For each rating of electric motor* for which the Listing specifies the nominal full load efficiency of a basic model, the company distributes no less efficient basic model with that rating and all basic models with that rating comply with the applicable energy efficiency standard. * For this purpose, the term “rating” means one of the combinations of an electric motor's horsepower (or standard kilowatt equivalent), number of poles, motor type, and open or enclosed construction, with respect to which § 431.25 of 10 CFR Part 431 prescribes nominal full load efficiency standards. Person to Contact for Further Information: Name: Address: Telephone Number: Facsimile Number: If any part of this Compliance Certification, including the Attachment, was prepared by a third party organization under the provisions of 10 CFR 431.36, the company official authorizing third party representations: Name: Address: Telephone Number: Facsimile Number: Third Party Organization Officially Acting as Representative: Third Party Organization: Responsible Person at the Organization: Address: Telephone Number: Facsimile Number: All required determinations on which this Compliance Certification is based were made in conformance with the applicable requirements in 10 CFR Part 431, subpart B. All information reported in this Compliance Certification is true, accurate, and complete. The company is aware of the penalties associated with violations of the Act and the regulations thereunder, and is also aware of the provisions contained in 18 U.S.C. 1001, which prohibits knowingly making false statements to the Federal Government. Signature: Date: Name: Title: Firm or Organization: Attachment of Certification of Compliance With Energy Efficiency Standards for Electric Motor Efficiencies Date: Name of Company: Motor Type (i.e., general purpose electric motor (subtype I), fire pump electric motor, general purpose electric motor (subtype II), NEMA Design B general purpose electric motor) Motor horsepower/standard kilowatt equivalent Least efficient basic model—(model numbers(s)) Nominal full-load efficiency Open motors (number of poles) 8 6 4 2 Enclosed motors (number of poles) 8 6 4 2 1/.75 ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ 1.5/1.1 ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ 2/1.5 ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ 3/2.2 ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ 5/3.7 ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ Etc ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ Note: Place an asterisk beside each reported nominal full load efficiency that is determined by actual testing rather than by application of an alternative efficiency determination method. Also list below additional basic models that were subjected to actual testing. *Basic Model* means all units of a given type of electric motor (or class thereof) manufactured by a single manufacturer, and which

(i)have the same rating,

(ii)have electrical design characteristics that are essentially identical, and

(iii)do not have any differing physical or functional characteristics that affect energy consumption or efficiency. *Rating* means one of the combinations of an electric motor's horsepower (or standard kilowatt equivalent), number of poles, motor type, and open or enclosed construction, with respect to which § 431.25 of 10 CFR Part 431 prescribes nominal full load efficiency standards. Models Actually Tested and Not Previously Identified Motor horsepower/standard kilowatt equivalent Least efficient basic model—(model numbers(s)) Nominal full-load efficiency Open motors (number of poles) 8 6 4 2 Enclosed motors (number of poles) 8 6 4 2 ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ Etc ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ [FR Doc. 2011-24500 Filed 9-22-11; 8:45 am]

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