### 8744 Federal Register / Vol. 66, No. 23 / Friday, February 2, 2001 / Rules and Regulations good cause for making this rule effective immediately upon publication. **DATES :**  The effective date of the Animal Welfare; Confiscation of Animals regulation, published in the Federal Register on January 3, 2001 at 66 FR 236, is delayed for 60 days, form February 2, 2001 to a new effective date of April 3, 2001. **FOR FURTHER INFORMATION CONTACT :**  Dr. Jerry De Poyster at (301) 734

– 7586.

Dated: January 29, 2001. Ann M. Veneman, Secretary. [FR Doc. 01

– 2867 Filed 2

– 1

– 01; 8:45 am] **BILLING CODE 3410**

**– 34** 
**– M** 

**DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection**  **Service 9 CFR Part 3**  **[Docket No. 93**
**– 076** 
**– 16]**  **Animal Welfare; Marine Mammals: Delay of Effective Date**  **AGENCY :**  Animal and Plant Health Inspection Service, USDA. **ACTION :**  Final Rule; Delay of Effective Date.
**SUMMARY :**  In accordance with the memorandum of January 20, 2001, from the Assistant to the President and Chief of Staff, entitled ‘‘ Regulatory Review Plan, ’’ published in the Federal Register on January 24, 2001, this action temporarily delays for 60 days the effective date of the rule entitled Animal Welfare; Marine Mammals, published in the Federal Register on January 3, 2001, 66 FR 239. The rule amends the Animal Welfare Act regulations in 9 CFR part 3 concerning the humane handling, care, treatment, and transportation of marine mammals in captivity. To the extent that 5 U.S.C. section 553 applies to this action, it is exempt from notice and comment because it constitutes a rule of procedure under 5 U.S.C. section 553(b)(A). Alternatively, the Department ’ s implementation of this rule without opportunity for public comment, effective immediately upon publication today in the Federal Register , is based on the good cause exceptions in 5 U.S.C. section 553(b)(B) and 553(d)(3). Seeking public comment is impracticable, unnecessary and contrary to the public interest. The temporary 60-day delay in effective date is necessary to give Department officials the opportunity for further review and consideration of new regulations, consistent with the Assistant to the President ’ s memorandum of January 20, 2001. Given the imminence of the effective date, seeking prior public comment on this temporary delay would have been impractical, as well as contrary to the public interest in the orderly promulgation and implementation of regulations. The imminence of the effective date is also good cause for making this rule effective immediately upon publication. **DATES :**  The effective date of the Animal Welfare; Marine Mammals regulation, published in the Federal Register on January 3, 2001, at 66 FR 239, is delayed for 60 days, from February 2, 2001, to a new effective date of April 3, 2001. **FOR FURTHER INFORMATION CONTACT :**  Dr. Barbara Kahn at (301 734

– 7833.

Dated: January 29, 2001. Ann M. Veneman, Secretary. [FR Doc. 01

– 2865 Filed 2

– 1

– 01; 8:45 am] **BILLING CODE 3410**

**– 34** 
**– M** 

**DEPARTMENT OF ENERGY Office of Energy Efficiency and**  **Renewable Energy 10 CFR Part 430**  **[Docket No. EE**
**– RM** 
**– 94** 
**– 403]**  **RIN 1904**
**– AA67**  **Energy Conservation Program for Consumer Products; Clothes Washer**  **Energy Conservation Standards**
**AGENCY :**  Department of Energy (DOE). **ACTION :**  Final rule; delay of effective date and correcting amendment.
**SUMMARY :**  In accordance with the memorandum of January 20, 2001, from the Assistant to the President and Chief of Staff, entitled ‘‘ Regulatory Review Plan ’’ (66 FR 7702, January 24, 2001), DOE publishes a rule today that temporarily delays for 60 days the effective date of the amendments to appendix J to subpart B of part 430 for the final rule for the Energy Conservation Program for Consumer Products; Clothes Washer Energy Conservation Standards. This rule also corrects the text of that appendix. **DATES :**  The effective date of the rule amending 10 CFR part 430 published at 66 FR 3314, January 12, 2001 remains January 1, 2004, except that the effective date of the amendments to appendix J to subpart B of part 430 is delayed until April 13, 2001. The correcting amendment in this rule is effective April 13, 2001. **FOR FURTHER INFORMATION CONTACT :**  Michael D. Whatley, (202) 586

– 3410, michael.whatley@hq.doe.gov; Bryan Berringer, (202) 586

– 0371, bryan.berringer@ee.doe.gov; or, Eugene Margolis, (202) 586

– 9526, eugene.margolis@hq.doe.gov

. **SUPPLEMENTARY INFORMATION :**  DOE publishes a rule today that temporarily delays for 60 days the effective date of the amendments to appendix J to subpart B of part 430 for the final rule for the Energy Conservation Program for Consumer Products; Clothes Washer Energy Conservation Standards. This document also corrects the text in appendix J of 10 CFR part 430 of the Code of Federal Regulations. To the extent that 5 U.S.C. section 553 applies to this action, it is exempt from notice and comment because it constitutes a rule of procedure under 5 U.S.C. section 553(b)(A). Alternatively, DOE ’ s implementation of this action without opportunity for public comment, effective immediately upon publication today in the Federal Register , is based on the good cause exceptions in 5 U.S.C. section 553(b)(B) and 553(d)(3). Seeking public comment is impracticable, unnecessary and contrary to the public interest. The temporary 60-day delay in effective date is necessary to give DOE officials the opportunity for further review and consideration of new regulations, consistent with the Assistant to the President ’ s memorandum of January 20, 2001. Given the imminence of the effective date, seeking prior public comment on this temporary delay would have been impractical, as well as contrary to the public interest in the orderly promulgation and implementation of regulations. The imminence of the effective date is also good cause for making this action effective immediately upon publication. List of Subjects in 10 CFR Part 430

Administrative practice and procedure, Energy conservation, Household appliances, Incorporation by reference.

Accordingly, 10 CFR part 430 is corrected by making the following correcting amendment: **PART 430**
**— ENERGY CONSERVATION**  **PROGRAM FOR CONSUMER PRODUCTS** 

1. The authority citation for part 430 continues to read as follows:

Authority: 42 U.S.C. 6291

– 6309; 28 U.S.C. 2461 note.


### 8745 Federal Register / Vol. 66, No. 23 / Friday, February 2, 2001 / Rules and Regulations Appendix J [Amended]

2. Appendix J to subpart B of part 430 is amended in the first sentence of the introductory paragraph by removing the date ‘‘ February 12, 2001 ’’ and adding in its place ‘‘ April 13, 2001 ’’

.

Issued in Washington, D.C. on January 29, 2001. Spencer Abraham, Secretary of Energy. [FR Doc. 01

– 2884 Filed 2

– 1

– 01; 8:45 am] **BILLING CODE 6450**

**– 01** 
**– P** 

**DEPARTMENT OF ENERGY Office of Energy Efficiency and**  **Renewable Energy 10 CFR Part 430**  **[Docket No. EE**
**– RM** 
**– 97** 
**– 900]**  **RIN 1904**
**– AA76**  **Energy Conservation Program for Consumer Products; Energy**  **Conservation Standards for Water Heaters**  **AGENCY :**  Department of Energy (DOE). **ACTION :**  Final rule; notice of review.
**SUMMARY :**  The effective date of the final rule titled ‘‘ Energy Conservation Program for Consumer Products; Energy Conservation Standards for Water Heaters ’’ (66 FR 4474, January 17, 2001) is January 20, 2004. Consistent with the memorandum of January 20, 2001, from the Assistant to the President and Chief of Staff, entitled ‘‘ Regulatory Review Plan ’’ (66 FR 7702, January 24, 2001), DOE today announces that contemporaneous with the review of other recently published final regulations it will be reviewing this final rule to determine whether further actions are warranted. **DATES :**  The effective date of the rule amending 10 CFR part 430 published in the Federal Register at 66 FR 4474 on January 17, 2001 remains January 20, 2004. **FOR FURTHER INFORMATION CONTACT :**  Michael D. Whatley, (202) 586

– 3410, michael.whatley@hq.doe.gov; Terry Logee, (202) 586

– 9127, terry.logee@ee.doe.gov; Francine Pinto, (202) 586

– 7432, francine.pinto@hq.doe.gov; or, Eugene Margolis, (202) 586

– 9526, eugene.margolis@hq.doe.gov.

Issued in Washington, D.C. on January 29, 2001. Spencer Abraham, Secretary of Energy. [FR Doc. 01

– 2885 Filed 2

– 1

– 01; 8:45 am] **BILLING CODE 6450**

**– 01** 
**– P**  **DEPARTMENT OF ENERGY Office of Energy Efficiency and**  **Renewable Energy 10 CFR Part 430**  **[Docket No. EE**
**– RM** 
**– 97** 
**– 440]**  **RIN 1904**
**– AA77**  **Energy Conservation Program for Consumer Products; Central Air**  **Conditioners and Heat Pumps Energy Conservation Standards** 
**AGENCY :**  Department of Energy (DOE). **ACTION :**  Final rule; delay of effective date.
**SUMMARY :**  In accordance with the memorandum of January 20, 2001, from the Assistant to the President and Chief of Staff, entitled ‘‘ Regulatory Review Plan, ’’ published in the Federal Register on January 24, 2001 (66 FR 7702), this action temporarily delays for 60 days the effective date of the rule entitled

‘‘ Energy Conservation Program for Consumer Products; Central Air Conditioners and Heat Pumps Energy Conservation Standards ’’ published in the Federal Register on January 22, 2001 (66 FR 7170). **DATES :**  The effective date of the rule amending 10 CFR part 430 published in the Federal Register at 66 FR 7170 on January 22, 2001, is delayed 60 days, from February 21, 2001, until April 23, 2001. **FOR FURTHER INFORMATION CONTACT :**  Michael D. Whatley, (202) 586

– 3410, michael.whatley@hq.doe.gov; Dr. Michael E. McCabe, (202) 586

– 0854, michael.e.mccabe@ee.doe.gov; or, Eugene Margolis, (202) 586

– 9526, eugene.margolis@hq.doe.gov

. **SUPPLEMENTARY INFORMATION :**  To the extent that 5 U.S.C. section 553 applies to this action, it is exempt from notice and comment because it constitutes a rule of procedure under 5 U.S.C. section 553(b)(A). Alternatively, DOE ’ s implementation of this action without opportunity for public comment, effective immediately upon publication today in the Federal Register , is based on the good cause exceptions in 5 U.S.C. section 553(b)(B) and 553(d)(3). Seeking public comment is impracticable, unnecessary and contrary to the public interest. The temporary 60-day delay in effective date is necessary to give DOE officials the opportunity for further review and consideration of new regulations, consistent with the Assistant to the President ’ s memorandum of January 20, 2001. Given the imminence of the effective date, seeking prior public comment on this temporary delay would have been impractical, as well as contrary to the public interest in the orderly promulgation and implementation of regulations. The imminence of the effective date is also good cause for making this action effective immediately upon publication.

Issued in Washington, D.C. on January 29, 2001. Spencer Abraham, Secretary of Energy. [FR Doc. 01

– 2886 Filed 2

– 1

– 01; 8:45 am] **BILLING CODE 6450**

**– 01** 
**– P** 

**DEPARTMENT OF ENERGY Office of Energy Efficiency and**  **Renewable Energy 10 CFR Part 431**  **[Docket No. EE**
**– RM/STD** 

**– 00** 
**– 100]**  **RIN 1904**
**– AB06**  **Energy Efficiency Program for Commercial and Industrial Equipment;**  **Efficiency Standards for Commercial Heating, Air Conditioning and Water**  **Heating Equipment AGENCY**  **:** Department of Energy (DOE). **ACTION :**  Final rule; delay of effective date.
**SUMMARY :**  In accordance with the memorandum of January 20, 2001, from the Assistant to the President and Chief of Staff, entitled ‘‘ Regulatory Review Plan, ’’ published in the Federal Register on January 24, 2001 (66 FR 7702), this action temporarily delays for 60 days the effective date of the rule entitled

‘‘ Energy Efficiency Program for Commercial and Industrial Equipment; Commercial Heating, Air Conditioning and Water Heating Equipment ’’ published in the Federal Register on January 12, 2001 (66 FR 3336). **DATES :**  The effective date of the rule amending 10 CFR part 431 published in the Federal Register at 66 FR 3336 on January 12, 2001, is delayed for 60 days, from February 12, 2001, until April 13, 2001. **FOR FURTHER INFORMATION CONTACT :**  Michael D. Whatley, (202) 586

– 3410, michael.whatley@hq.doe.gov; Cyrus H. Nasseri, (202) 586

– 9138, cyrus.nasseri@ee.doe.gov; or, Eugene Margolis, (202) 586

– 9526, eugene.margolis@hq.doe.gov. **SUPPLEMENTARY INFORMATION :**  To the extent that 5 U.S.C. section 553 applies to this action, it is exempt from notice and comment because it constitutes a