56604 Federal Register /Vol. 66, No. 218 /Friday, November 9, 2001 /Rules and Regulations

1 percent of the total expected grower

revenue.

This action increases the assessment

obligation imposed on handlers. While

assessments impose some additional

costs on all handlers, the costs are

minimal and uniform on all handlers.

Some of the additional costs maybe

passed on to producers. However, these

costs are offset by the benefits derived

by the operation of the marketing order.

In addition, the Committee's meeting

was widely publicized throughout the

California dried prune industry and all

interested persons were invited to

attend the meeting and participate in

Committee deliberations on all issues.

Like all Committee meetings, the June

28, 2001, meeting was a public meeting

and all entities, both large and small,

were able to express views on this issue.

This rule imposes no additional

reporting or recordkeeping requirements

on either small or large California dried

prune handlers. As with all Federal

marketing order programs, reports and

forms are periodically reviewed to

reduce information requirements and

duplication by industry and public

sector agencies.

The USDA has not identified any

relevant Federal rules that duplicate,

overlap, or conflict with this rule.

A proposed rule concerning this

action was published in the Federal

Register on August 20, 2001 (66 FR

43534). Copies of the proposed rule

were also mailed or sent via facsimile to

all prune handlers. Finally, the proposal

was made available through the Internet

by the Office of the Federal Register and

USDA. A 30-day comment period

ending September 19, 2001, was

provided for interested persons to

respond to the proposal. No comments

were received.

A small business guide on complying

with fruit, vegetable, and specialty crop

marketing agreements and orders may

be viewed at: http://www.ams.usda.gov/

fv/moab/html. Any questions about the

compliance guide should be sent to Jay

Guerber at the previously mentioned

address in the FOR FURTHER INFORMATION

CONTACT section.

After consideration of all relevant

material presented, including the

information and recommendation

submitted by the Committee and other

available information, it is hereby found

that this rule, as hereinafter set forth,

will tend to effectuate the declared

policy of the Act.

Pursuant to 5 U.S.C. 553, it also found

and determined that good cause exists

for not postponing the effective date of

this rule until 30 days after publication

in the Federal Register because the

2001-02 crop year begins on August 1,

2001, and the marketing order requires

that the rate of assessment for each crop

year apply to all assessable dried prunes

handled during such crop year. Further,

handlers are aware of this action which

was recommended at a public meeting.

Also, 30-day comment period was

provided for in the proposed rule and

no comments were received.

List of Subjects in 7 CFR Part 993

Plums, Prunes, Marketing agreements,

Reporting and recordkeeping

requirements.

For the reasons set forth in the

preamble, 7 CFR part 993 is amended as

follows:

PART 993-DRIED PRUNES

PRODUCED IN CALIFORNIA

1. The authority citation for 7 CFR

part 993 continues to read as follows:

Authority: 7 U.S.C. 601-674.

2. Section 993.347 is revised to read

as follows:

§ 993.347 Assessment rate.

On and after August 1, 2001, an

assessment rate of $2.80 per ton is

established for California dried prunes.

Dated: November 5, 2001.

A.J. Yates,

Administrator, Agricultural Marketing

Service.

[FR Doc. 01-28204 Filed 11-8-01; 8:45 am]

BILLING CODE 3410-02-P

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 : Notice of final rulemaking.

SUMMARY : This procedural rule amends

the compliance certification section of

subpart G, Certification and

Enforcement, of Title 10 Code of Federal

Regulations Part 431, by revising the

deadline date from November 5, 2001 to

June 7, 2002, 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

9, 2001.

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.

Eugene Margolis, Esq., U.S.

Department of Energy, Office of General

Counsel, Mail Station GC-72, 1000

Independence Avenue, SW.,

Washington, DC 20585-0103, (202) 586-

9526, telefax (202) 586-4116, or:

eugene.margolis@hq.doe.gov.

SUPPLEMENTARY INFORMATION:

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 (Department) construes the

statutory language to provide

manufacturers with two equivalent

ways to fulfill the certification

requirement: (1) manufacturers may

certify, through an independent testing

program nationally recognized in the

United States, that such motor meets the

standards; or (2) manufacturers may

certify, through an independent

certification program nationally

recognized in the United States that

such motor meets the standards. The

Department is of the view that section

345(c) does not require preference for

one program over the other.

Section 431.24(a)(5) of 10 CFR Part

431, sets forth procedures by which a

manufacturer may have a certification

program or an accredited laboratory,

which the Department has classified as

nationally recognized, certify the energy

efficiency of a manufacturer's electric

motors. Section 431.123(a) of 10 CFR

Part 431 states that 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, and that the Compliance

Certification must be submitted to the

Department not later than November 5,

2001.

EE-RM-96-400 COMMENT 61
Federal Register /Vol. 66, No. 218/Friday, November 9, 2001/Rules and Regulations

Background

The Department estimates that there

are 41 manufacturers that manufacture

motors covered by the statute. Thus far,

it appears that half of the manufacturers

have elected to certify the efficiency of

their electric motors through an

independent testing laboratory, and half

through a certification program. Also,

section III.F.2. of the preamble to the

Proposed Rule for Electric Motors, 61

FR 60455 (November 27, 1996),

summarizes testimony and written

statements from manufacturers and the

National Electrical Manufacturers

Association which speak of different

basic models of motors numbering in

the thousands that are being

manufactured and could potentially be

required to undergo testing for

efficiency.

As of the publication date of this final

rule, there continues to be insufficient

testing capacity. According to the

National Institute of Standards and

Technology, National Voluntary

Laboratory Accreditation Program

(NVLAP) "2001 Directory," dated March

2001, there are 11 testing laboratories

that meet the requirements of section

431.24(a)(5) of 10 CFR Part 431 and

could be available to test motors for the

purposes of section 345(c) of EPCA. Of

those testing laboratories, two are not in

any way affiliated with a motor

manufacturer; and of those two, only

one is located in the United States. Thus

far, a number of motor manufacturers

have elected to base the certification of

their motors' energy efficiency on

testing conducted in a NVLAP

accredited laboratory. Certain other

motor manufacturers have, in "good

faith," elected to base their compliance

on a certification program, and have

either had their motors tested in

advance or have committed resources in

anticipation of certification programs

becoming recognized by the Department

of Energy. As of today's Federal

Register notice of final rulemaking,

there are no certification programs

nationally recognized for the purposes

of section 345(c) of EPCA. Therefore, the

Department believes it will be

impossible for many manufacturers to

make the choice allowed by EPCA to

test and certify their motors for energy

efficiency before November 5, 2001.

Discussion

Presently, two certification programs

have, under the provisions of section

431.28 of 10 CFR part 431, petitioned

the Department to be classified as

nationally recognized in the United

States for the purposes of section 345(c)

of EPCA: CSA International, 65 FR

24429 (April 26, 2000), and

Underwriters Laboratories Inc., 66 FR

50355 (October 3, 2001). The

Department believes the only way to

make the statutory testing and certifying

capacity available would be to delay

enforcement so as to enable the

Department to conclude the recognition

process required under section 431.28 of

10 CFR Part 431, and thereafter allow

manufacturers sufficient time to certify

the efficiency of their motors through

either an independent testing or

certification program. The recognition

process set forth in section 431.28(a)-(f)

of 10 CFR Part 431 consists, in sum, of:

(1) a certification organization filing a

petition with the Department, (2) public

notice and solicitation of comments, (3)

allowance for a responsive statement by

the petitioner, (4) public announcement

of an interim determination by the

Department and solicitation of

comments, and (5) public

announcement of a final determination.

In addition, the Department must

analyze the information presented in the

petition, prepare and issue a Federal

Register notice to solicit public

comments, address those comments

received, prepare and issue a second

Federal Register notice that announces

an interim determination and further

solicits public comments, address those

comments, and thereafter, prepare and

issue a Federal Register notice that

announces a final determination. Also,

the Department would conduct an

independent investigation to gather

additional information relevant to the

petition. Such a process could take up

to 12 months. The Department believes

that its investigation and determination

process should be stringent because a

certification program underlies the

compliance determination for many

motors. In the case of the recognition

processes already underway both for

GSA International and Underwriters

Laboratories Inc., the Department would

need up to 15 weeks in order to reach

its final determinations. Following those

determinations, manufacturers would

need up to 16 weeks to complete the

efficiency certification process for their

motors. Therefore, the Department has

decided to amend the deadline in

section 431.123(a) to give manufacturers

additional time to certify compliance of

their motors, either by choosing a

testing laboratory accredited by NVLAP

or by any nationally recognized

certification program that DOE may

approve.

Conclusion

The Department's goal is to have in

place a certification capability for the

industry that would provide reasonable

56605

assurance to consumers that the motors

they purchase are of the efficiency

specified by the manufacturer and are in

compliance with governing standards.

The Department believes that the

integrity of the certification process

must be maintained, while at the same

time the fair operation of the motor

market must be supported. Accordingly,

the Department today amends section

431.123(a) of 10 CFR part 431, by

revising the deadline date for

manufacturers to certify compliance to

the Department of Energy, from

November 5, 2001 to June 7, 2002.

Procedural Issues and Regulatory

Review

A. Review Under the National

Environmental Policy Act

Review under the National

Environmental Policy Act was

addressed in the notice of proposed

rulemaking (NOPR) ,61 FR 60460

(November 27, 1996), and in the final

rule which established 10 CFR part 431,

64 FR 54139 (October 5, 1999). The

Department concluded that neither an

environmental assessment nor an

environmental impact statement is

needed. The same conclusion applies to

today's final rule.

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.

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 which is exempt from

the APA'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 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

EE-RM-96-400 COMMENT 61
56606 Federal Register / Vol. 66, No. 218 / Friday, November 9, 2001 / Rules and Regulations

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"

The Department's review under

Executive Order 12630, "Governmental

Actions and Interference with

Constitutionally Protected Property

Rights," was addressed in the NOPR, 61

FR at 60462, and in the final rule which

established 10 CFR part 431, 64 FR at

54140. The Department determined that

this regulation would not result in any

takings which might require

compensation under the Fifth

Amendment to the United States

Constitution. The same conclusion

applies to today's final rule.

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

The Department's review under the

Unfunded Mandates Reform Act

(UMRA) was addressed in the NOPR, 61

FR at 60463, and in the final rule which

established 10 CFR part 431, 64 FR at

54141. The Department 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 same conclusion applies

to today's final rule.

J. 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).

K. 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, the

Department has concluded that it is not

necessary to prepare a Family

Policymaking Assessment.

L. 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.

M. Review Under the Administrative

Procedure Act

In the Department's view, today's

final rule is not subject to requirements

for prior notice and opportunity for

public comment because it is procedural

in nature. In the alternative, to the

extent that 5 U.S.C. 553(b) may apply to

this rulemaking, the Department finds

that is impracticable and contrary to the

public interest to publish prior notice

because the Department cannot enforce

the existing regulatory deadline and

cannot relieve regulated manufacturers

of the threat of potential enforcement of

the deadline before November 5, 2001,

without dispensing with prior notice.

List of Subjects in 10 CFR Part 431

Administrative practice and

procedure, Energy conservation,

Reporting and recordkeeping

requirements.

Issued in Washington, DC, on November 6,

2001.

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 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: 42 U.S.C. 6311-6316.

EE-RM-96-400 COMMENT 61
Federal Register / Vol. 66, No. 218 / Friday, November 9, 2001 / Rules and Regulations

§431.123 [Amended] written comments on the proposal. No

2. In section 431.123, paragraph (a) is

amended in the first sentence by

removing the phrase "Beginning 24

months after November 4, 1999" and

adding in its place the phrase

"Beginning June 7, 2002."

[FR Doc. 01-28215 Filed 11-8-01; 8:45 am]

BILLING CODE 6450-01-P

comments were received.

The Rule

This amendment to Title 14 Code of

Federal Regulations, part 71 (14 CFR

part 71) revises Class E airspace at

Logan, UT, in order to provide adequate

controlled airspace for Instrument Flight

Rules (IFR) operations at Logan-Cache

Airport, Logan, UT. This amendment

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No . 01-ANM-14]

Revision of Class E Airspace, Logan,

UT

revises Class E5 airspace at Logan, UT,

to enhance safety and efficiency of IFR

flight operations in the Logan, UT,

terminal area. The FAA establishes

Class E airspace where necessary to

contain aircraft transitioning between

the terminal and en route environments.

This rule is designed to provide for the

safe and efficient use of the navigable

airspace and to promote safe flight

operations under Instrument Flight

AGENCY: Federal Aviation Rules (IFR) at the Logan-Cache Airport

Administration (FAA), DOT. and between the terminal and en route

ACTION : Final rule.

SUMMARY : This action revises the Class

E airspace at Logan, UT. A newly

developed Area Navigation (RNAV)

Standard Instrument Approach

Procedure (SIAP) and Departure

Procedure (DP) to the Logan-Cache

Airport made this action necessary.

Additional Class E 700-feet and 1,200-

feet controlled airspace, above the

surface of the earth is required to

contain aircraft conducting IFR

operations at Logan-Cache Airport. The

intended effect of this proposal is to

provide adequate controlled airspace for

Instrument Flight Rules (IFR) operations

at Logan-Cache Airport, Logan, UT.

EFFECTIVE DATE : 0901 UTC, December

27, 2001.

FOR FURTHER INFORMATION CONTACT:

Brian Durham, ANM-520.7, Federal

Aviation Administration, Docket No.

00-ANM-14, 1601 Lind Avenue SW.,

Renton, Washington 98055-4056:

telephone number: (425) 227-2527.

SUPPLEMENTARY INFORMATION:

History

On August 14, 2001, the FAA

proposed to amend Title 14 Code of

Federal Regulations, part 71 (14 CFR

part 71) by revising Class E airspace at

Logan, UT, in order to provide a safer

IFR environment at Logan-Cache

Airport, Logan, UT (66 FR 42619). This

amendment provides additional Class

E5 700-feet and 1,200-feet controlled

airspace at Logan, UT, to contain aircraft

executing the RNAV (Global Positioning

System (GPS) RWY 35 and FELDI RNAV

DP at Logan-Cache Airport. Interested

parties were invited to participate in the

rulemaking proceeding by submitting

transition stages.

The area will be depicted on

aeronautical charts for pilot reference.

The coordinates for this airspace docket

are based on North American Datum 83.

Class E airspace areas extending upward

from 700 feet or more above the surface

of the earth, are published in Paragraph

6005, of FAA Order 7400.9J dated

September 1, 2001, and effective

September 16, 2001, which is

incorporated by reference in 14 CFR

71.1. The Class E airspace designation

listed in this document will be

published subsequently in the Order.

The FAA has determined that this

regulation only involves an established

body of technical regulations for which

frequent and routine amendments are

necessary to keep them operationally

current. It, therefore, (1) is not a

"significant regulatory action" under

Executive Order 12866; (2) is not a

"significant rule" under DOT

Regulatory Policies and Procedures (44

FR 11034; February 26, 1979); and (3)

does not warrant preparation of a

Regulatory Evaluation as the anticipated

impact is so minimal. Since this is a

routine matter that will only affect air

traffic procedures and air navigation, it

is certified that this rule, will not have

a significant economic impact on a

substantial number of small entities

under the criteria of the Regulatory

Flexibility Act.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference,

Navigation (air).

Adoption of the Amendment

In consideration of the foregoing, the

Federal Aviation Administration

amends 14 CFR part 71 as follows:

56607

PART 71-DESIGNATION OF CLASS A,

CLASS B, CLASS C, CLASS D, AND

CLASS E AIRSPACE AREAS;

AIRWAYS ; ROUTES; AND REPORTING

POINTS

1. The authority citation for 14 CFR

part 71 continues to read as follows:

Authority: 49 U.S.C. 106(g), 40103, 40113,

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-

1963 Comp., p. 389.

§71.1 [Amended]

2. The incorporation by reference in

14 CFR 71.1 of the Federal Aviation

Administration Order 7400.9J, Airspace

Designations and Reporting Points,

dated September 1, 2001, and effective

September 16, 2001, is amended as

follows:

Paragraph 6005 Class E airspace areas

extending upward from 700 feet or more

above the surface of the earth

ANM UT E5 Logan, UT [Revised]

Logan-Cache Airport, UT

(lat. 41°47'16" N., long. 111°51'10" W.)

That airspace extending upward from 700

feet above the surface bounded by a line

beginning at lat. 42°03'30" N., long.

112°00'00" W.; to lat. 42°02'42" N., long.

111°46'00" W.; to lat. 41°07'30" N., long.

111°46'00" W.; to lat. 41°07'30"N., long.

111°57'23" W.; to lat. 41°47'30" N ., long.

112°03'00" W.; to lat. 42°01'20" N., long.

112°03'00" W.; to lat. 42°03'15" N., long.

112°00'00" W.; thence to point of origin; and

that airspace extending upward from 1,200

feet above the surface bounded on the north

by the south edge of V-4, on the east by long.

111°40'33" W., on the south by the north

edge of V-288, on the west by the east edge

of V-21; that airspace extending upward

from 10,500 feet MSL bounded on the

northeast by the southwest edge of V-142, on

the west by long. 111°40'33" W., and on the

south by the north edge of V-288, excluding

that airspace within the Evanston, WY, Class

E airspace area.

* * *

Issued in Washington, DC, on November 6,

2001.

Reginald C. Matthews,

Manager, Airspace and Rules Division.

[FR Doc. 01-28248 Filed 11-8-01; 8:45 am]

BILLING CODE 4910-13-P

DEPARTMENT OF JUSTICE

Office of the Attorney General

21 CFR Part 1306

[AG Order No. 2534-20011

Dispensing of Controlled Substances

To Assist Suicide

AGENCY : Department of Justice.

EE-RM-96-400 COMMENT 61