Federal Register / Vol. 60, No. 98 / Monday, May 22, 1995 / Proposed Rules 27049

agency may make a written request that

the Director review the determination.

Any such request may be made by the

head of an agency only, or by a person

acting in such capacity, but not by any

subordinate officer of such agency.

(b) Notification of parties. The

Director promptly shall notify all parties

of receipt of a request for review.

(c) Determination of Director. (1) The

Director will conduct a review of the

determination of the Hearing Officer

using the agency record, the hearing

record, the request for review, and such

other arguments or information as may

be accepted by the Director. Based on

such review, the Director will issue a

final determination notice that upholds,

reverses, or modifies the determination

of the Hearing Officer. The Director’s

determination upon review of a Hearing

Officer’s decision shall be considered to

be the final determination under this

part and shall not be appealable.

However, if the Director determines that

the hearing record is inadequate, the

Director may remind all or a portion of

the determination to the Hearing Officer

for further proceedings to complete the

hearing record or, at the option of the

Director, to hold a new hearing.

(2) The Director will complete the

review and either issue a final

determination or remand the

determination not later than—

(i) 10 business days after receipt of the

request for review, in the case of a

request by the head of an agency; or

(ii) 30 business days after receipt of

the request for review, in the case of a

request by an appellant.

(3) In any case or any category of

cases, the Director may delegate his or

her authority to conduct a review under

this section to any Deputy or Associate

Directors of the Division. In any case in

which such review is conducted by a

Deputy or Associate Director under

authority delegated by the Director, the

Deputy or Associate Director’s

determination shall be considered to be

the determination of the Director under

this part and shall be final and not

appealable.

(d) Equitable relief. In reaching a

decision on an appeal, the Director shall

have the authority to grant equitable

relief under this part in the same

manner and to the same extent as such

authority is provided an agency under

applicable laws and regulations.

§ 11.9 Bases for determinations.

(a) The Hearing Officers and the

Director are not bound by previous

findings of facts by the agency in

making a determination.

(b) In making a determination on the

appeal, Hearing Officers and the

Director shall ensure that the decision is

consistent with the laws and regulations

of the agency, and with the generally

applicable interpretations of such laws

and regulations.

(c) All determinations of the Hearing

Officers and the Director must be based

on information from the case record,

laws applicable to the matter at issue,

and applicable regulations published in

the Federal Register and in effect on the

date of the adverse decision or the date

on which the acts that gave rise to the

adverse decision occurred, whichever

date is appropriate under the applicable

agency program laws and regulations.

§ 11.10 Effective date and implementation

of final determinations of the Division.

(a) On the return of a case to an

agency pursuant to the final

determination of the Division, the head

of the agency shall implement the final

determination not later than 30 days

after the effective date of the notice of

the final determination.

(b) A final determination will be

effective as of the date of filing of an

application, the date of the transaction

or event in question, or the date of the

original adverse decision, whichever is

applicable under the applicable agency

program statutes or regulations.

§ 11.11 Judicial review.

(a) A final determination of the

Division shall be reviewable and

enforceable by any United States

District Court of competent jurisdiction

in accordance with chapter 7 of title 5,

United States Code.

(b) An appellant may not seek judicial

review of any agency adverse decision

appealable under this part without

receiving a final determination from the

Division pursuant to the procedures of

this part.

§ 11.12 Filing of appeals and computation

of time.

(a) An appeal, a request for Director

review, or any other document will be

considered ‘‘filed’’ when delivered in

writing to the Division, when

postmarked, or when a complete

facsimile copy is received by the

Division.

(b) Whenever the final date for any

requirement of this part falls on a

Saturday, Sunday, Federal holiday, or

other day on which the Division is not

open for the transaction of business

during normal working hours, the time

for filing will be extended to the close

of business on the next working day.

(c) The time for filing an appeal, a

request for Director review, or any other

document, with the Division expires at

5:00 p.m. Eastern Standard Time or

Eastern Daylight Savings time as

applicable on the last day on which

such filing may be made.

Done at Washington, D.C., this 12 day of

May, 1995.

Dan Glickman,

Secretary of Agriculture.

[FR Doc. 95–12261 Filed 5–19–95; 8:45 am]

BILLING CODE 3410–01–M

Animal and Plant Health Inspection

Service

9 CFR Part 3

[Docket No. 93–076–3]

Marine Mammal Negotiated

Rulemaking Advisory Committee;

Establishment

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Notice of intent to establish a

committee.

SUMMARY: The Department of

Agriculture announces its intent to

establish an advisory committee to

develop a recommended rulemaking

proposal to revise the regulations

governing the handling, care, treatment,

and transportation of marine mammals

in captivity. This committee, called the

Marine Mammal Negotiated Rulemaking

Advisory Committee, will be comprised

of representatives with a definable stake

in the outcome of the proposed rule.

DATES: Consideration will be given only

to comments received on or before June

21, 1995.

ADDRESSES: Please send an original and

three copies of your comments to

Docket No. 93–076–3, Animal and Plant

Health Inspection Service, Policy and

Programs Development, Regulatory

Analysis and Development, 4700 River

Road Unit 118, Riverdale, MD 20737–

1228. Please state that your comments

refer to Docket No. 93–076–3.

Comments received may be inspected at

USDA, room 1141, South Building, 14th

Street and Independence Avenue, SW.,

Washington, DC, between 8 a.m. and

4:30 p.m., Monday through Friday,

except holidays. Persons wishing to

inspect comments are requested to call

ahead on (202) 690–2817 to facilitate

entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT:

Dr. Barbara Kohn, Senior Staff

Veterinarian, Animal and Plant Health

Inspection Service, Regulatory

Enforcement and Animal Care, Animal

Care, 4700 River Road Unit 84,

Riverdale, MD 20737–1228, (301) 734–

8699.
27050 Federal Register / Vol. 60, No. 98 / Monday, May 22, 1995 / Proposed Rules

SUPPLEMENTARY INFORMATION:

Background

We are announcing our intent to

establish an advisory committee to

develop a recommended rulemaking

proposal to revise the regulations

governing the handling, care, treatment

and transportation of marine mammals

in captivity.

Under the Animal Welfare Act (the

Act) (7 U.S.C. 2131 et seq.), the

Secretary of Agriculture is authorized to

promulgate standards and other

requirements governing the human

handling, housing, care, treatment, and

transportation of certain animals by

dealers, research facilities, exhibitors,

and carriers and intermediate handlers.

Regulations established under the Act

are contained in 9 CFR parts 1, 2, an 3.

Under the Act, the Department

established regulations in 1979 for the

human handling, care, treatment, and

transportation of marine mammals used

for research or exhibition purposes.

These standards were amended in 1984.

During the 9 years since the standards

were amended, advances have been

made, new information has been

developed, and new concepts have been

implemented with regard to the housing

and care of marine mammals.

On July 23, 1993, we published in the

Federal Register (58 FR 39458, Docket

No. 93–076–1) an advance notice of

proposed rulemaking that solicited

comments on appropriate revisions or

additions to the standards for the

humane care and transportation of

marine mammals used for exhibition or

research.

The comments we received in

response to our advance notice suggest

that it would be highly desirable to

involve all interested parties in

developing appropriate regulatory

standards. We believe consensus among

interested parties is attainable and that

we should proceed with negotiated

rulemaking in developing such

standards

Negotiated Rulemaking

Negotiated rulemaking is a consensusbased approach to the promulgation of

agency rules. It is considered to be an

effective tool for developing regulatory

solutions to problems that affect diverse,

and often competing, interests among

the regulated public. By participating in

this effort, interested parties have more

direct input into the substance of a

proposed rule than they would through

the usual form of notice-and-comment

rulemaking, where a regulatory agency

works more independently to develop a

proposed rule. In negotiated

rulemaking, the participating parties

agree to work together until consensus

is reached on the content of the

proposed rule, which is then published

for public comment. In this manner,

negotiated rulemaking enables an

agency to avoid many of the obstacles

that might be raised in a usual noticeand-comment proposed rulemaking, and

expedites the promulgation and

implementation of a final rule.

We therefore intend to establish a

Marine Mammal Negotiated Rulemaking

Advisory Committee (Committee),

chartered under the Federal Advisory

Committee Act (Pub. L. 92–463). The

Committee will advise the Department

on the content of regulations to revise

and update the standards for the

handling, care, treatment, and

transportation of marine mammals in

captivity.

The establishment of this Committee

is necessary and in the public interest

in connection with the duties and

responsibilities of the Administrator of

the Animal and Plant Health Inspection

Service (APHIS) in ensuring the humane

care of marine mammals held in

captivity by researchers and exhibitors.

These duties and responsibilities

include the promulgation of regulations.

The Committee is intended to serve as

a public forum in which interested

parties can discuss and resolve the

issues involved in developing revised

standards for the care of marine

mammals in captivity. We believe that

this process will allow APHIS to

develop effective regulations for the care

of these animals.

Key Issues for Negotiation

We anticipate that the Committee will

need to address the following issues in

formulating a proposal:

* Space requirements;

* Transportation of marine mammals;

* ‘‘Swim-with-the-dolphins’’ programs;

* Noise levels;

* Water temperatures;

* Recordkeeping requirements;

* Water quality parameters to be

monitored;

* Separation/isolation;

* Feeding;

* Training; and

* Stranding: When does rehabilitation

end and captivity begin?

Guidelines

The following guidelines will apply to

this negotiated rulemaking, subject to

appropriate changes made as a result of

comments received on this notice or as

determined necessary during the

negotiation process:

1. Facilitator. APHIS will use a

facilitator. The facilitator, a neutral third

party, will not be involved in the

substantive development of the

regulation. The facilitator’s role will be

to chair negotiating sessions, to act as a

mediator, to help the negotiations

proceed smoothly, and to help the

participants define and reach

consensus.

2. Good faith negotiation. Because

participants must be willing to negotiate

in good faith, each organization must

authorize a senior official to represent

its interest and to negotiate on its behalf.

The issue of keeping or holding animals

in captivity will not be addressed by the

Committee. The Committee will address

only issues relating to the care and

maintenance of captive marine

mammals.

3. Administrative support and

meetings. APHIS will provide staff

support for the Committee. Meetings

will be held in the Washington, DC,

metropolitan area.

4. Consensus. The goal of the

negotiating process is consensus.

Generally, consensus means that each

interest concurs in the result.

5. Record of meeting. In accordance

with the Federal Advisory Committee

Act, APHIS will keep a record of all

Committee meetings. The record will be

placed in the administrative record for

this rulemaking, and be made available

for public inspection upon request.

meetings will be open to the public.

6. Committee procedures. Under the

general guidance and direction of the

facilitator and subject to applicable legal

requirements, the members of the

Committee will establish detailed

procedures for the conduct of their

Committee meetings.

7. Schedule. The time and location of

Committee meetings will be announced

in the Federal Register.

8. Participants. The Committee will

consist of no more than 25 members and

a facilitator. Participation by more than

25 persons could make it difficult to

conduct effective negotiations. One

purpose of this notice is to help

determine whether regulations

concerning the care of marine mammals

in captivity would substantially affect

interests not adequately represented by

the proposed participants listed in this

notice. We do not believe that each

potentially affected organization or

individual must have its own

representative on the Committee.

However, we firmly believe that each

interest must be adequately represented.

Equal opportunity practices, consistent

with U.S. Department of Agriculture

policies, will be followed in all

appointments to the Committee.

APHIS has tentatively identified the

following interests and parties as

potential participants on the Marine
Federal Register / Vol. 60, No. 98 / Monday, May 22, 1995 / Proposed Rules 27051

Mammal Negotiated Rulemaking

Advisory Committee:

Representing Facility Owners and

Managers

American Zoo and Aquarium

Association

Alliance of Marine Mammal Parks

International Association of Amusement

Parks and Attractions

Marine Mammal Coalition

United States Navy

Related Industry Groups

Coalition of Animal Welfare Institute,

Society for Animal Protective

Legislation, and numerous other

organizations

Center for Marine Conservation

Humane Society of the United States

Representing Those Who Work with

Captive Marine Mammals in Various

Capacities

American Association of Zoo

Veterinarians

International Association for Aquatic

Animal Medicine

International Marine Animal Trainers

Association

Society for Marine Mammology

Federal Government

Marine Mammal Commission

Animal and Plant Health Inspection

Service, USDA

Comments on this tentative list of

participants are invited, as are

suggestions for other potential

participants. Please keep in mind that it

is not necessary that every concerned

organization be represented, as long as

every significant interest is represented.

Negotiation sessions will be open to the

public. individuals and organizations

without designated representatives on

the Committee may attend sessions and

communicate informally with members

of the Committee.

Done in Washington, DC, this 17th day of

March.

Wardell C. Townsend,

Assistant Secretary for Administration.

[FR Doc. 95–12434 Filed 5–19–95; 8:45 am]

BILLING CODE 3410–34–M

DEPARTMENT OF ENERGY

Office of Energy Efficiency and

Renewable Energy

10 CFR Part 430

Energy Efficiency Standards Test

Procedures, Labeling, and Certification

Reporting for Certain Commercial and

Industrial Electric Motors

AGENCY: Office of Energy Efficiency and

Renewable Energy, Department of

Energy.

ACTION: Notice of public meeting.

SUMMARY: The Department of Energy

(DOE) will hold an informal public

meeting to discuss issues and gather

information related to energy efficiency

standards, test procedures, labeling, and

compliance certification for 1 through

200 horsepower electric motors that are

manufactured alone or as a component

of another piece of equipment. All

persons are hereby given notice of the

opportunity to attend this public

meeting and to submit written

statements.

DATES: The public meeting will be held

on Friday, June 2, 1995. Written

statements, in quadruplicate, must be

received by June 30, 1995.

ADDRESSES: Written statements should

be labeled ‘‘Test Procedures and

Efficiency Certification for Electric

Motors,’’ and submitted to: Ms. Sandy

Cooper, Office of Energy Efficiency and

Renewable Energy, Mail Station EE–431,

U.S. Department of Energy, 1000

Independence Avenue SW.,

Washington, DC 20585. Telephone:

(202) 586–7574; Telefax: (202) 586–

4617.

The meeting will begin at 9:30 a.m.,

and will be held at the U.S. Department

of Energy, Forrestal Building, Room 1E–

245, 1000 Independence Avenue SW.,

Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Anthony Balducci, U.S. Department of

Energy, Office of Energy Efficiency

and Renewable Energy, Mail Station

EE–431, Forrestal Building, 1000

Independence Avenue SW.,

Washington, DC 20585, (202) 586–

8459

James Raba, U.S. Department of Energy,

Office of Energy Efficiency and

Renewable Energy, Mail Station EE–

431, Forrestal Building, 1000

Independence Avenue SW.,

Washington, DC 20585, (202) 586–

8654

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, (202)

586–9507.

SUPPLEMENTARY INFORMATION:

1. Authority

Part 3 of Title IV of the National

Energy Conservation Policy Act of 1978

(NECPA), Pub. L. 95–619, amends the

Energy Policy and Conservation Act of

1975 (EPCA) to add ‘‘Energy Efficiency

of Industrial Equipment,’’ which

includes electric motors. The most

recent amendment to EPCA, the Energy

Policy Act of 1992 (EPAct), Pub. L. 102–

486, promulgates definitions related to

electric motors in section 122(a), 106

Stat. 2807, test procedures for motor

efficiency in section 122(b), 106 Stat.

2809, labeling for electric motors in

section 122(c), 106 Stat. 2809, standards

for nominal full-load efficiency in

section 122(d), 106 Stat. 2814, and

certification of compliance by

manufacturers in section 122(e), 106

Stat. 2817.

Section 122(a)(3) of the EPAct (EPCA,

section 340(13)(A), 42 U.S.C. 6311

(13)(A)), defines ‘‘electric motor’’ as any

motor which is ‘‘general purpose Tframe, single-speed, foot-mounting,

polyphase squirrel-cage induction of the

National Electrical Manufacturers

Association (NEMA) Designs A and B,

continuous-rated, operating on 230/460

volts and constant 60 Hertz line power,

as defined in NEMA Standards

Publication MG1–1987.’’ Section 122(d)

of the EPAct (EPCA, section 342(b)(1),

42 U.S.C. section 6313(b)(1)), prescribes

standards for electric motors that are 1

through 200 horsepower, and

‘‘manufactured (alone or as a

component of another piece of

equipment),’’ except for ‘‘definite

purpose motors, special purpose motors,

and those motors exempted by the

Secretary.’’

Section 122(b)(1) of the EPAct (EPCA,

section 343(a)(5)(A), 42 U.S.C. 6314

(a)(5)(A)), requires that testing

procedures for motor efficiency shall be

the test procedures specified in NEMA

Standards Publication MG1–1987, and

the Institute of Electrical and

Electronics Engineers (IEEE) Standard

112 Test Method B for motor efficiency,

as in effect on October 24, 1992. Section

122(b)(1), EPCA section 343(a)(5)(B) and

(C), provide for amendment of the

testing procedures if the test procedures

in the NEMA and IEEE standards are

revised.

Section 122(c)(4) of the EPAct (EPCA,

section 344(d), 42 U.S.C. 6315(d))

directs the Secretary, after consultation

with the Federal Trade Commission, see

EPCA section 344(f), 42 U.S.C. 6315(f),

to prescribe rules requiring motor