Federal Register / Vol. 62, No. 125 / Monday, June 30, 1997 / Rules and Regulations

(1) Within 45 days of the panel's

appointment, or, in the event an oral

hearing is held, within 60 days, the

panel shall issue proposed findings of

fact, conclusions and a decision based

upon the evidence in the record. The

proposed findings, conclusions and

decision shall be served upon the

petitioner by certified mail.

(2) Petitioner may submit a response

to the panel's proposed findings of fact,

conclusions and decision, along with

supporting reasons. Such response shall

be received by the Commission within

20 days of petitioner's receipt of the

panel's proposed findings, conclusions

and decision.

(3) The panel may modify, alter or

amend its proposed findings,

conclusions and decision in accordance

with petitioner's response, as it deems

appropriate.

(h) Final ruling by the Commission.

(1) Unless the panel so notifies the

Commission of the need for an

extension of time, at its first regularly

scheduled meeting following the

deadline for the receipt of petitioner's

response to the panel's proposed

findings, conclusions and decision, the

Commission shall make a final ruling

upon the petition. The Commission's

determination shall be based upon the

panel's final or modified proposed

findings, conclusions and decision. The

Commission shall also consider the

petitioner's response to the panel's

original proposed findings, conclusion

and decision. The record shall also be

available for review by the Commission.

(2) The Commission's final ruling

shall be served by certified mail upon

the petitioner and be filed in the

Commission offices, and be made

available for public inspection and

copying in accordance with the bylaws.

(3) Any commissioner shall (on either

the Commissioner's own motion or on

motion of the petitioner) disqualify

himself or herself from consideration of

the Commission's final ruling on the

panel's decision if that commissioner's

impartiality might reasonably be

questioned.

§ 1381 .5 Judicial appeal; escrow.

(a) As set forth in section 16(c) of the

Compact, as approved by 7 U.S.C. 7256,

the district courts of the United States,

in any district in which a handler is an

inhabitant or has his principal place of

business, have jurisdiction to review a

final ruling of the Commission made

pursuant to § 1381.4(h), provided that a

complaint is filed within thirty days

from the date of the entry of that final

ruling.

(b) A petitioner who has been granted

the establishment of an escrow account

as part of the administrative proceeding

and who has timely appealed may

request that its payments be placed into

escrow pending the appeal. Upon such

a request, the Commission shall hold

the money in escrow until the date that

a timely judicial complaint is filed plus

a period of ten days. The Commission

may also, for good cause shown,

continue to hold the money placed in

escrow pending the ultimate resolution

of any appeal, or for such other period

as the Commission may establish.

Daniel Smith,

Executive Director.

[FR Doc. 97-16674 Filed 6-27-97; 8:45 am]

BILLING CODE 1650-01-P

DEPARTMENT OF ENERGY

Office of Energy Efficiency and

Renewable Energy

10 CFR Part 430

[Docket No. EE-RM-220-IF]

RIN: 1904-AA61

Energy Conservation Program for

Consumer Products; Fluorescent and

Incandescent Lamp Test Procedures

AGENCY : Office of Energy Efficiency and

Renewable Energy, DOE.

ACTION : Final rule; delay of effective

date.

SUMMARY : This notice delays the

effective date of the Final Rule for the

Energy Conservation Program for

Consumer Products; Fluorescent and

Incandescent Lamp Test Procedures,

published May 29, 1997 (62 FR 29222).

DATES: The effective date of the final

rule published at 62 FR 29222 is

delayed from June 30, 1997 to October

18, 1997. The incorporation by reference

of certain publications listed in the

regulations and approved by the

Director of the Federal Register as of

June 30, 1997 has been conformed to the

same date.

FOR FURTHER INFORMATION CONTACT: Mr.

Terrence L. Logee, U.S. Department of

Energy, Office of Energy Efficiency and

Renewable Energy, Mail Station EE-43,

Forrestal Building, 1000 Independence

Avenue, SW, Washington, DC 20585-

0121, (202) 586-1689, or Eugene

Margolis, Esq., U.S. Department of

Energy, Office of General Counsel, Mail

Station GC-72, Forrestal Building, 1000

Independence Avenue, SW,

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

9507.

SUPPLEMENTARY INFORMATION:

1. Discussion

35067

Part B of Title III of the Energy Policy

and Conservation Act, as amended

(EPCA or the Act), establishes the

Energy Conservation Program for

Consumer Products Other Than

Automobiles.' The consumer and

commercial products currently subject

to this program (covered products)

include fluorescent and incandescent

reflector lamps, the subjects of today's

notice.

Today's notice delays the effective

date for the Final Rule (62 FR 29222,

May 29, 1997) from June 30, 1997 to

October 18, 1997 (180 days from the

date of issue, April 21, 1997) and the

incorporation by reference of certain

publications listed in the regulations

and approved by the Director of the

Federal Register as of June 30, 1997 has

been conformed to the same date. The

statute states that effective 180 days

after a test procedure is amended no

manufacturer, distributor, retailer, or

private labeler may make any

representation in writing (including

labels) or in advertising with respect to

energy efficiency, energy used or the

cost of energy consumed unless the

product is tested with the revised test

procedure and the representation fairly

discloses the results of such testing.

Section 323(c)(2), 42 U.S.C. 6291(c)(2).

The Final Rule published on May 29,

1997, is an amendment to the Interim

Final Rule, and it includes test

procedures for some lamps which were

not subject to testing under the Interim

Final Rule. Therefore, the delay of the

effective date from June 30, 1997 to

October 18, 1997, will allow

manufacturers adequate time to change

advertising and make new labels that

correctly state the energy used by these

lamps.

List of Subjects in 10 CFR Part 430

Administrative practice and

procedure, Energy conservation,

Fluorescent and incandescent lamps.

Issued in Washington, DC, on July 25,

1997.

Joseph J. Romm,

Acting Assistant Secretary, Energy Efficiency

and Renewable Energy.

[FR Doc. 97-17025 Filed 6-27-97; 8:45 am]

BILLING CODE 6450-01-P

Part B of Title III of EPCA, as amended, is

referred to in this Final Rule as the "Act", and

provisions of the Act are referred to either as

"Section of the Act" or as "Section

, , Part B of Title III is codified at 42 U.S.C.

6291-6309.

 EE-RM-94-220-IF COMMENT 47