Subject: Energy Efficiency Program for Certain Commercial and
[Federal Register: November 26, 2002 (Volume 67, Number 228)]
[Rules and Regulations]
[Page 70675-70678]
>From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26no02-3]
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DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
10 CFR Part 431
[Docket No. EE-RM-96-400]
RIN 1904-AB11
Energy Efficiency Program for Certain Commercial and Industrial
Equipment: Extension of Time for Electric Motor Manufacturers To
Certify Compliance With Energy Efficiency Standards
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Final rule.
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SUMMARY: This procedural rule amends the compliance certification
regulations by revising the deadline date for all electric motor
manufacturers to certify compliance to the Department of Energy that
their motors meet the applicable energy efficiency standards.
DATES: This rule is effective November 26, 2002.
FOR FURTHER INFORMATION CONTACT: James Raba, U.S. Department of Energy,
Office of Energy Efficiency and Renewable Energy, Mail Station EE-41,
1000 Independence Avenue, SW., Washington, DC 20585-0121, telephone
(202) 586-8654, telefax (202) 586-4617, or: jim.raba@ee.doe.gov.
Francine Pinto, Esq., U.S. Department of Energy, Office of General
Counsel, Mail Station GC-72, 1000 Independence Avenue, SW., Washington,
DC 20585-0103, (202) 586-7432, telefax (202) 586-4116, or:
francine.pinto@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
Section 345(c) of the Energy Policy and Conservation Act of 1975
(EPCA) requires ``manufacturers to certify, through an independent
testing or certification program nationally recognized in the United
States, that such motor meets the applicable [nominal full load
efficiency standard]'' (42 U.S.C. 6316(c)). The Department of Energy
(DOE) construes the statutory language to provide manufacturers with
two equivalent ways to fulfill the certification requirement: (1) A
[[Page 70676]]
manufacturer may certify, through an independent testing program
nationally recognized in the United States, that a covered motor meets
the standard; or (2) a manufacturer may certify, through an independent
certification program nationally recognized in the United States, that
a covered motor meets the standard. DOE is of the view that section
345(c) does not require preference for one program over the other.
The procedures by which a manufacturer may certify the energy
efficiency of the manufacturer's electric motors, through either a
certification program or an accredited laboratory, are set forth in 10
CFR 431.24(a)(5). Section 431.123(a) in 10 CFR part 431 currently
provides that, beginning on June 7, 2002, no electric motor ``subject
to an energy efficiency standard set forth in subpart C of this part''
may be distributed in commerce unless it is covered by a Compliance
Certification that the manufacturer has submitted to DOE.
II. Background
On November 9, 2001, DOE published a notice of final rulemaking in
the Federal Register that amended 10 CFR 431.123(a) to change the
deadline for submission of compliance certifications from November 5,
2001, to June 7, 2002 (66 FR 56604). That action was taken because
there was insufficient independent testing laboratory capacity for
testing the thousands of basic models of electric motors covered by
EPCA's efficiency standards. The notice of final rulemaking reported
that a number of motor manufacturers had elected to base the
certification of their motors' energy efficiency on testing conducted
in a National Voluntary Laboratory Accreditation Program (NVLAP)
accredited laboratory. However, about half of the motor manufacturers
had elected to base their compliance on a certification program that
DOE classifies as nationally recognized. Many of those manufacturers
have committed resources in anticipation of certification programs
being recognized by DOE. As of the November 9, 2001 date of publication
of the notice of final rulemaking, there were no certification programs
nationally recognized for the purposes of section 345(c) of EPCA.
Therefore, it was impossible for manufacturers electing to use a
nationally recognized certification program, as allowed by EPCA, to
test and certify their motors for energy efficiency before November 5,
2001.
At that time, DOE believed that the extension of the certification
deadline to June 7, 2002, would provide sufficient time for all
manufacturers to come into compliance with EPCA's requirements. The new
deadline was based on DOE's belief that it would be able to promptly
complete action on the petitions for certification program recognition
that had been submitted by CSA International and Underwriters
Laboratories, Inc., and that such action could be completed in a
timeframe that would allow manufacturers, if they so chose, to use an
approved certification program and submit required certifications to
DOE by the June 7, 2002 deadline. DOE had published for public comment
the petition of CSA International on April 26, 2000 (65 FR 24429), and
the petition of Underwriters Laboratories, Inc. on October 3, 2001 (66
FR 50355).
III. Discussion of Rule Amendment
DOE was not able to complete action on these two petitions for
certification program recognition by June 7, 2002. DOE published its
interim determinations to approve the CSA International and
Underwriters Laboratories, Inc., petitions for certification program
recognition on July 5, 2002. 67 FR 45018 and 45028. Under the
certification program recognition process set forth in 10 CFR
431.28(a)-(f), after the period for public comment for the interim
determinations closes, DOE will review any comments and information
submitted, as well as any responsive statements of the petitioners. DOE
then will publish a final determination on the petitions. In the
meantime, however, the situation remains the same as it was in November
2001 when DOE granted the previous extension of the deadline in 10 CFR
431.123(a). That is, a number of motor manufacturers have elected to
base the certification of their motors' energy efficiency on a
certification program that DOE classifies as nationally recognized;
many of those manufacturers have committed resources in anticipation of
certification programs being recognized by DOE; there are no
certification programs nationally recognized for the purposes of
section 345(c) of EPCA; it is impossible for manufacturers electing to
use a nationally recognized certification program, as allowed by EPCA,
to test and certify their motors for energy efficiency before June 7,
2002; and there is insufficient independent testing laboratory capacity
for testing the thousands of basic models of electric motors covered by
EPCA's efficiency standards. Therefore, DOE is amending section
431.123(a) to further extend the deadline for motor manufacturers to
certify compliance with EPCA.
In view of the foregoing, DOE today amends 10 CFR 431.123 to
replace ``June 7, 2002'' with a phrase cross-referencing a new
paragraph (g), which establishes a new compliance date. New paragraph
(g) of 10 CFR 431.123 provides that the new compliance date is April
30, 2003, or the date that is 120 days after the date on which DOE
publishes its final determinations for the CSA International and
Underwriters Laboratories, Inc. petitions, whichever is earlier. The
rule further provides that if DOE publishes the final determinations
for the CSA International and Underwriters Laboratories, Inc. petitions
on different dates, the compliance certification date is the date that
is 120 days after the date of publication of the earlier final
determination. DOE believes this approach will result in certifications
by manufacturers using certification programs at the earliest possible
time. While establishing April 30, 2003 as the outside limit on the
extension, DOE expects to issue final determinations on the two
petitions in time to allow manufacturers to come into compliance before
that date.
The Secretary of Energy has approved issuance of this final rule.
IV. Procedural Issues and Regulatory Review
A. Review Under the National Environmental Policy Act
DOE reviewed today's rule under the National Environmental Policy
Act of 1969 (NEPA), 42 U.S.C. 4321 et seq., the regulations of the
Council on Environmental Quality, 40 CFR parts 1500-1508, and DOE's
regulations on compliance with NEPA, 10 CFR part 1021. DOE has
determined that today's rule is covered by the Categorical Exclusion
found at paragraph A6 of appendix A to subpart D of DOE's NEPA
regulations, which applies to rulemakings that are strictly procedural.
Accordingly, neither an environmental assessment nor an environmental
impact statement has been prepared.
B. Review Under Executive Order 12866, ``Regulatory Planning and
Review''
Today's regulatory action has been determined not to be a
``significant regulatory action'' under Executive Order 12866,
``Regulatory Planning and Review'' (58 FR 51735). Accordingly, today's
action was not subject to review under the Executive Order by the
Office of Information and Regulatory Affairs in the Office of
Management and Budget.
[[Page 70677]]
C. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act, 5 U.S.C. 601, et seq., requires
that a federal agency prepare a regulatory flexibility analysis for any
rule for which the agency is required to publish a general notice of
proposed rulemaking. Today's rule is a rule of agency procedure that is
exempt from the Administrative Procedure Act's notice and comment
requirements. Therefore, a regulatory flexibility analysis has not been
prepared.
D. Review Under Executive Order 13132, ``Federalism''
Executive Order 13132, ``Federalism'' (64 FR 43255) requires
federal agencies to develop an accountable process to ensure meaningful
and timely input by State and local officials in the development of
regulatory policies that have ``federalism implications.'' Policies
that have federalism implications are defined in the Executive Order to
include regulations that have ``substantial direct effects 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.'' On March 14, 2000, DOE published a
statement of policy describing the intergovernmental consultation
process it will follow in the development of such regulations (65 FR
13735). DOE has examined today's rule and determined that it does not
have a 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.
No further action is required by the Executive Order.
E. Review Under Executive Order 12630, ``Governmental Actions and
Interference With Constitutionally Protected Property Rights''
DOE has determined that this regulation would not result in any
takings which might require compensation under the Fifth Amendment to
the United States Constitution.
F. Review Under the Paperwork Reduction Act
No new collection of information will be imposed by this
rulemaking. Accordingly, no clearance by the Office of Management and
Budget is required under the Paperwork Reduction Act (44 U.S.C. 3501,
et seq.).
G. Review Under Executive Order 12988, ``Civil Justice Reform''
With respect to the review of existing regulations and the
promulgation of new regulations, section 3 of Executive Order 12988,
``Civil Justice Reform'' (61 FR 4729) imposes on Executive agencies the
general duty to eliminate drafting errors and ambiguity; write
regulations to minimize litigation; provide a clear legal standard for
affected conduct rather than a general standard; and promote
simplification and burden reduction. Section 3(c) of Executive Order
12988 requires Executive agencies to review regulations in light of
applicable standards in section 3(a) and section 3(b) to determine
whether they are met. DOE has completed the required review and
determined that, to the extent permitted by law, this final rule meets
the relevant standards of Executive Order 12988.
H. Review Under Section 32 of the Federal Energy Administration Act
Today's final rule does not incorporate commercial standards by
reference. Therefore, section 32 of the Federal Energy Administration
Act does not apply to today's final rule.
I. Review Under the Unfunded Mandates Reform Act
DOE has determined that today's final rule does not include a
federal mandate that may result in estimated costs of $100 million or
more to state, local or to tribal governments in the aggregate or to
the private sector. Therefore, the requirements of Title II of the
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) do not apply.
J. Review Under the 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 proposed rule or policy that may affect
family well-being. Today's final rule would not have any impact on the
autonomy or integrity of the family as an institution. Accordingly, DOE
has concluded that it is not necessary to prepare a Family Policymaking
Assessment.
K. Review Under Executive Order 13211, ``Actions Concerning Regulations
That Significantly Affect Energy Supply, Distribution, or Use''
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
the Office of Information and Regulatory Affairs (OIRA), Office of
Management and Budget, a Statement of Energy Effects for any proposed
significant energy action. A ``significant energy action'' is defined
as any action by an agency that promulgates or is expected to lead to
the 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
proposed action be implemented, and of reasonable alternatives to the
action and their expected benefits on energy supply, distribution, and
use.
Today's final rule would not have any adverse effects on the
supply, distribution, or use of energy.
L. Review Under the Administrative Procedure Act
Today's final rule is not subject to requirements for prior notice
and opportunity for public comment because it is procedural in nature.
However, to the extent that 5 U.S.C. 553(b) may apply to this
rulemaking, DOE finds that is impracticable and contrary to the public
interest to publish prior notice because it is impossible for
manufacturers who elected to use a nationally recognized certification
program, as allowed by EPCA, to comply with the certification
requirement by the June 7, 2002 deadline, and because regulated
manufacturers should be relieved as promptly as possible of the threat
of potential enforcement of the June 7, 2002 deadline, with which it
was impossible for them to comply. This situation also warrants DOE
making this final rule effective upon publication in the Federal
Register.
M. Review Under the Small Business Regulatory Enforcement Fairness Act
As required by 5 U.S.C. 801, DOE will report to Congress on the
promulgation of today's rule prior to 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).
List of Subjects in 10 CFR Part 431
Administrative practice and procedure, Energy conservation,
[[Page 70678]]
Reporting and recordkeeping requirements.
Issued in Washington, DC, on November 18, 2002.
David K. Garman,
Assistant Secretary, Energy Efficiency and Renewable Energy.
For the reasons set forth in the preamble, part 431 of chapter II
of title 10, Code of Federal Regulations, is amended as follows:
PART 431--ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND
INDUSTRIAL EQUIPMENT
1. The authority citation for part 431 continues to read as
follows:
Authority: 42 U.S.C. 6311-6316.
2. Section 431.123 is amended in paragraph (a), in the first
sentence, by removing the phrase ``Beginning June 7, 2002'' and adding
in its place the phrase ``Beginning on the compliance date specified in
paragraph (g) of this section'', and by adding a new paragraph (g) to
read as follows:
Sec. 431.123 Compliance certification.
* * * * *
(g) Compliance date. The compliance date for purposes of this
section is February 28, 2003, or the date that is 120 days after the
date of publication in the Federal Register of DOE's final
determinations on petitions for certification program recognition
submitted by CSA International and Underwriters Laboratories, Inc.,
whichever is earlier. If DOE publishes the final determinations on
different dates, the compliance certification date for purposes of this
section shall be the date that is 120 days after the date of
publication of the earlier final determination.
[FR Doc. 02-29969 Filed 11-25-02; 8:45 am]
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