Federal Register / Vol. 75, No. 245 / Wednesday, December 22, 2010 / Rules and Regulations 80289 

Section of OMB guidance 

Section in this 

part where 

supplemented 

What the supplementation clarifies 

(1) 2 CFR 182.225(a) .................. § 1536.225 Whom in the Environmental Protection Agency a recipient other than an individual must 

notify if an employee is convicted for a violation of a criminal drug statute in the workplace. 

(2) 2 CFR 182.300(b) .................. § 1536.300 Whom in the Environmental Protection Agency a recipient who is an individual must notify if he or she is convicted of a criminal drug offense resulting from a violation occurring during the conduct of any award activity. 

(3) 2 CFR 182.500 ...................... § 1536.500 Who in the Environmental Protection Agency is authorized to determine that a recipient 

other than an individual is in violation of the requirements of 2 CFR part 182, as implemented by this part. 

(4) 2 CFR 182.505 ...................... § 1536.505 Who in the Environmental Protection Agency is authorized to determine that a recipient 

who is an individual is in violation of the requirements of 2 CFR part 182, as implemented by this part. 

(c) Sections of the OMB guidance that 

this part does not supplement. For any 

section of OMB guidance in Subparts A 

through F of 2 CFR part 182 that is not 

listed in paragraph (b) of this section, 

Environmental Protection Agency 

policies and procedures are the same as 

those in the OMB guidance. 

Subpart A—Purpose and Coverage 

[Reserved.] 

Subpart B—Requirements for 

Recipients Other Than Individuals 

§ 1536.225 Whom in the Environmental 

Protection Agency does a recipient other 

than an individual notify about a criminal 

drug conviction? 

A recipient other than an individual 

that is required under 2 CFR 182.225(a) 

to notify Federal agencies about an 

employee’s conviction for a criminal 

drug offense must notify the EPA award 

official from each Environmental 

Protection Agency office from which it 

currently has an award. 

Subpart C—Requirements for 

Recipients Who Are Individuals 

§ 1536.300 Whom in the Environmental 

Protection Agency does a recipient who is 

an individual notify about a criminal drug 

conviction? 

A recipient who is an individual and 

is required under 2 CFR 182.300(b) to 

notify Federal agencies about a 

conviction for a criminal drug offense 

must notify the EPA award official from 

each Environmental Protection Agency 

office from which it currently has an 

award. 

Subpart D—Responsibilities of Agency 

Awarding Officials 

§ 1536.400 What method do I use as an 

agency awarding official to obtain a 

recipient’s agreement to comply with the 

OMB guidance? 

To obtain a recipient’s agreement to 

comply with applicable requirements in 

the OMB guidance at 2 CFR part 182, 

you must include the following term or 

condition in the award: 

Drug-free workplace. You as the recipient 

must comply with drug-free workplace 

requirements in Subpart B (or Subpart C, if 

the recipient is an individual) of 2 CFR 

Subtitle B, Chapter XV, Part 1536, which 

adopts the Governmentwide implementation 

(2 CFR part 182) of sec. 5152–5158 of the 

Drug-Free Workplace Act of 1988 (Pub. L. 

100–690, Title V, Subtitle D; 41 U.S.C. 701– 

707). 

Subpart E—Violations of This Part and 

Consequences 

§ 1536.500 Who in the Environmental 

Protection Agency determines that a 

recipient other than an individual violated 

the requirements of this part? 

The EPA Administrator or designee is 

the official authorized to make the 

determination under 2 CFR 182.500. 

§ 1536.505 Who in the Environmental 

Protection Agency determines that a 

recipient who is an individual violated the 

requirements of this part? 

The EPA Administrator or designee is 

the official authorized to make the 

determination under 2 CFR 182.505. 

Title 40—Protection of Environment 

Chapter I 

PART 36—[REMOVED] 

■ 2. Remove Part 36. 

[FR Doc. 2010–32134 Filed 12–21–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[Docket No. EERE–2010–BT–STD–WAV– 

0045] 

Energy Efficiency Program for 

Consumer Products: Waiver of Federal 

Preemption of State Regulations 

Concerning the Water Use or Water 

Efficiency of Showerheads, Faucets, 

Water Closets and Urinals 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Final rule. 

SUMMARY: The U.S Department of 

Energy (DOE) waives the general rule of 

Federal preemption for energy 

conservation standards under 42 U.S.C. 

6297(c) with respect to any State 

regulation concerning the water use or 

water efficiency of faucets, 

showerheads, water closets and urinals 

if such State regulation is: More 

stringent than Federal regulation 

concerning the water use or water 

efficiency for that same type or class of 

product; and applicable to any sale or 

installation of all products in that 

particular type or class. 

DATES: Effective Date: This rule is 

effective December 22, 2010. 

ADDRESSES: The public may review 

copies of all materials related to this 

rulemaking at the U.S. Department of 

Energy, Resource Room of the Building 

Technologies Program, 950 L’Enfant 

Plaza, SW., Suite 600, Washington, DC, 

(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: 

Lucas Adin, U.S. Department of Energy, 

Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies Program, EE–2J, 950 


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80290 Federal Register / Vol. 75, No. 245 / Wednesday, December 22, 2010 / Rules and Regulations 

1For editorial reasons, upon codification in the 

U.S. Code, Part B was re-designated Part A. 

L’Enfant Plaza, SW., Washington, DC 

20585–0121, (202) 287–1317, e-mail: 

Lucas.Adin@ee.doe.gov. 

Jennifer Tiedeman, Esq., GC–71, U.S. 

Department of Energy, Office of the 

General Counsel, 1000 Independence 

Avenue, SW., Washington, DC 20585, 

(202) 287–6111, e-mail: 

Jennifer.Tiedeman@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Authority and Background 

II. Procedural Requirements 

A. Executive Order 12866 

B. Administrative Procedure Act 

C. National Environmental Policy Act of 

1969 

D. Regulatory Flexibility Act 

E. Paperwork Reduction Act 

F. Unfunded Mandates Reform Act of 1995 

G. Treasury and General Government 

Appropriations Act, 1999 

H. Executive Order 13132 

I. Executive Order 12988 

J. Treasury and General Government 

Appropriations Act, 2001 

K. Executive Order 13211 

L. Executive Order 12630 

M. Section 32 of the Federal Energy 

Administration Act of 1974 

N. Congressional Notification 

III. Approval of the Office of the Secretary 

I. Authority and Discussion 

Title III, Part B of the Energy Policy 

and Conservation Act (EPCA), Public 

Law 94–163 (42 U.S.C. 6291–6309, as 

codified), established the Energy 

Conservation Program for ‘‘Consumer 

Products Other Than Automobiles.’’ 1

The consumer products subject to this 

program (hereafter ‘‘covered products’’) 

include faucets, showerheads, water 

closets and urinals, the subjects of 

today’s notice. Under EPCA, the overall 

program consists essentially of testing, 

labeling, and Federal energy 

conservation standards, including water 

conservation standards for faucets, 

showerheads, water closets and urinals. 

National standards for these water-using 

products are based on the American 

Society of Mechanical Engineers 

(ASME)/American National Standards 

Institute (ANSI) standards A112.18.1M, 

for showerheads and faucets, and 

A112.19.6, for water closets and urinals. 

42 U.S.C. 6295(j), (k). 

42 U.S.C. 6295(j)(3)(C) and 

6295(k)(3)(C) requires that, not later 

than six months after the conclusion of 

a five-consecutive-year period during 

which the ASME/ANSI has not 

amended these faucet, showerhead, 

water closet or urinal standards in order 

to improve water efficiency, DOE must 

publish a final rule waiving preemption 

for Federal standards under 42 U.S.C. 

6297(c) with respect to any State 

regulation concerning the water use or 

water efficiency of such type or class of 

showerhead, faucet, water closet or 

urinal if such State regulation meets the 

following two conditions. First, the 

State regulation concerning water use or 

water efficiency for a particular type or 

class of showerhead, faucet, water closet 

or urinal must be more stringent than 

the Federal regulation concerning water 

use or water efficiency for that same 

type or class of showerhead, faucet, 

water closet or urinal. 42 U.S.C. 

6295(j)(3)(C)(i), 6295(k)(3)(C)(i). Second, 

the State regulation concerning the 

water use or water efficiency for a 

particular type or class of showerhead, 

faucet, water closet or urinal must be 

applicable to any sale or installation of 

all products in that particular type or 

class. 42 U.S.C. 6295(j)(3)(C)(ii), 

6295(k)(3)(C)(ii). 

The provisions in 42 U.S.C. 

6295(j)(3)(C) and 6295(k)(3)(C) represent 

a choice by Congress to deviate from the 

general rule of Federal preemption, 

where the relevant industry consensus 

body has failed to act to improve water 

efficiency for a significant period of 

time. ASME/ANSI last made a 

substantive amendment to its standards 

regarding the water efficiency 

requirements for showerheads and 

faucets on May 29, 1996 (ASME/ANSI 

A112.18.1M–1996), and for water 

closets and urinals on April 19, 1996 

(ASME/ANSI A112.19.6–1995). Both of 

these standards were incorporated by 

reference into the Code of Federal 

Regulations in a final rule issued by 

DOE on March 18, 1998. 63 FR 13308. 

Because more than five years have 

passed since ASME/ANSI last amended 

the water efficiency requirements in 

either of these standards, DOE must 

issue this final rule waiving the 

provisions of 42 U.S.C. 6297(c) with 

respect to any State regulation 

concerning the water use or water 

efficiency of a particular type or class of 

showerhead, faucet, water closet or 

urinal that is both more stringent than 

the relevant Federal regulation and is 

applicable to any sale or installation or 

all products in that particular type or 

class. 

II. 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 of Energy finds good 

cause to waive prior notice and an 

opportunity for public comment on 

these regulations pursuant to 5 U.S.C. 

533(b)(B), because such procedures are 

unnecessary. EPCA imposes a nondiscretionary duty on DOE to waive 

Federal preemption in a defined factual 

circumstance. That circumstance has 

occurred. Therefore, this rule is 

necessary for DOE to implement this 

statutorily-imposed obligation. Public 

comment on DOE’s implementation of 

this legal mandate would serve no 

useful purpose. For the same reason, 

DOE finds good cause, pursuant to 5 

U.S.C. 553(d)(3), to waive the 30-day 

delay in effective date for this rule. 

Therefore, these regulations are being 

published as final regulations and are 

effective December 22, 2010. 

C. National Environmental Policy Act of 

1969 

DOE has determined that this rule 

falls into a class of actions that are 

categorically excluded from review 

under the National Environmental 

Policy Act of 1969 (NEPA; 42 U.S.C. 

4321 et seq.) and DOE’s implementing 

regulations at 10 CFR part 1021. This 

rule at most 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. Moreover, a State’s 

promulgation of a regulation concerning 

water use or water efficiency for a 

particular type or class of showerhead, 

faucet, water closet or urinal is not a 

Federal action subject to NEPA. 

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 


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Federal Register / Vol. 75, No. 245 / Wednesday, December 22, 2010 / Rules and Regulations 80291 

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 

This rulemaking imposes no new 

information or recordkeeping 

requirements. Accordingly, OMB 

clearance is not required under the 

Paperwork Reduction Act. (44 U.S.C. 

3501 et seq.) 

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; in 

fact, this rule waives preemption of 

State law and has no negative impact on 

any State. 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 notice 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 promulgates 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 


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80292 Federal Register / Vol. 75, No. 245 / Wednesday, December 22, 2010 / Rules and Regulations 

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 

and the Federal Trade Commission 

concerning the impact of the 

commercial or industry standards on 

competition. This final rule to waive the 

provisions of 42 U.S.C. 6297(c) in 

certain circumstances is not a proposed 

rule and does not authorize or 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. 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). 

III. Approval of the Office of the 

Secretary 

The Secretary of Energy has approved 

publication of this final rule. 

Issued in Washington, DC, on December 

15, 2010. 

Cathy Zoi, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy. 

[FR Doc. 2010–32116 Filed 12–21–10; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

10 CFR Part 431 

[Docket Number EERE–2008–BT–TP–0008] 

RIN 1904–AB71 

Energy Conservation Program: Energy 

Conservation Standards for Electric 

Motors 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Final rule; technical correction. 

SUMMARY: The U.S. Department of 

Energy (DOE) published a final rule on 

March 23, 2009, promulgating energy 

conservation standards for certain 

electric motors as prescribed in the 

Energy Policy and Conservation Act, as 

amended by the Energy Independence 

and Security Act. This document is 

being issued to correct the energy 

efficiency levels that DOE promulgated 

for NEMA Design B general purpose 

electric motors that, due to a drafting 

error, are not consistent with statutory 

requirements. 

DATES: This technical correction is 

effective as of December 22, 2010. 

FOR FURTHER INFORMATION CONTACT: Mr. 

James Raba, 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) 586–8654. E-mail: 

Jim.Raba@ee.doe.gov. 

In the Office of the General Counsel, 

contact Ms. Ami Grace-Tardy, U.S. 

Department of Energy, Office of the 

General Counsel, GC–71, 1000 

Independence Avenue, SW., 

Washington, DC 20585. Telephone: 

(202) 586–5709. E-mail: Ami.GraceTardy@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Energy Policy and Conservation 

Act (EPCA), as amended by section 

313(b)(1)(B) of the Energy Independence 

and Security Act (EISA 2007), requires 

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) 

It was recently discovered that the 

efficiency levels under 10 CFR 431.25(f), 

for NEMA Design B, six-pole open 

motors rated 250, 300, and 350 

horsepower are not consistent with the 

EISA 2007 levels as prescribed. Today’s 

final rule conforms these efficiency 

levels with EPCA, as amended by EISA 

2007, by replacing the nominal full load 

efficiency of ‘‘94.5’’ with ‘‘95.4.’’ 

II. Need for Correction 

As published, the nominal full load 

efficiency table at 10 CFR 431.25(f) 

contains three values that deviate from 

the requirements established by EPCA, 

as amended by EISA 2007. To correct 

this error, DOE is amending 10 CFR 

431.25(f) to replace the current table 

with a corrected table of values. In light 

of the statutory requirement, the change 

addressed by today’s document is 

technical in nature. In addition, because 

DOE does not have the discretion to 

deviate from these statutorily-prescribed 

requirements, DOE finds that there is 

good cause under 5 U.S.C. 553(b)(B) to 

not issue a separate notice to solicit 

public comment on the changes 

contained in this document. Issuing a 

separate notice to solicit public 

comments would be impractical, 

unnecessary, and contrary to the public 

interest. 

List of Subjects in 10 CFR part 431 

Administrative practice and 

procedure, Energy conservation, 

Reporting and recordkeeping 

requirements. 

Issued in Washington, DC, on December 

15, 2010. 

Cathy Zoi, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy. 

■ For the reasons stated in the preamble, 

DOE amends 10 CFR Part 431 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. 6291–6317. 

■ 2. Section 431.25 is amended by 

revising paragraph (f) to read as follows: 

§ 431.25 Energy conservation standards 

and effective dates. 

* * * * * 

(f) Each 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), on or 

after December 19, 2010, shall have a 

nominal full load efficiency that is not 

less than the following: 


emcdonald on DSK2BSOYB1PROD with RULES