Energy Conservation Program: Compliance Certification for Electric Motors, 59003-59008 [2011-24500]
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59003
Rules and Regulations
Federal Register
Vol. 76, No. 185
Friday, September 23, 2011
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
DEPARTMENT OF ENERGY
10 CFR Part 431
[Docket No. EERE–2010–BT–CE–0014]
RIN 1904–AC23
Energy Conservation Program:
Compliance Certification for Electric
Motors
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AGENCY: Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Final rule; technical
amendment.
SUMMARY: This final rule provides a new
means for manufacturers of electric
motors and their private labelers to
prepare and submit Compliance
Certification information to the
Department of Energy (DOE or the
‘‘Department’’) through an electronic
Web-based tool, the Compliance and
Certification Management System
(CCMS). The CCMS is the preferred
mechanism for submitting Compliance
Certification information for electric
motors covered under the Energy Policy
and Conservation Act (EPCA), as
amended. This rule is also being issued
to correct the sample Compliance
Certification form currently located in
Appendix C to Subpart B of 10 CFR Part
431 to be consistent with the Energy
Independence and Security Act of 2007
(EISA 2007) energy conservation
standards. Additionally, this rule
updates the address and contact
information used to submit Compliance
Certification information through
certified mail to DOE.
DATES: Effective date: September 23,
2011.
ADDRESSES: For access to the docket and
to read background material, visit the
U.S. Department of Energy, Resource
Room of the Building Technologies
Program, 950 L’Enfant Plaza, SW., 6th
Floor, Washington, DC 20024, (202)
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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: Ms.
Ashley Armstrong, 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: 202–586–6590. E-mail:
Ashley.Armstrong@ee.doe.gov; and Ms.
Celia Sher, U.S. Department of Energy,
Office of the General Counsel, Forrestal
Building, GC–71, 1000 Independence
Avenue, SW., Washington, DC 20585.
Telephone: 202–287–6122. E-mail:
Celia.Sher@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
I. Background
EPCA establishes energy efficiency
standards and test procedures for
certain commercial and industrial
equipment, including electric motors,
42 U.S.C. 6291 et seq., and states in
relevant part that, ‘‘the Secretary [of
Energy] shall require manufacturers to
certify’’ that each electric motor meets
the applicable energy efficiency
standards. (42 U.S.C. 6316(c)) To
achieve this end, EPCA authorizes the
Secretary to issue the necessary rules
requiring each manufacturer or private
labeler of covered electric motors to
submit information and reports to
ensure compliance. (42 U.S.C. 6316(a))
This directive is carried out under
Section 431.36 of Title 10 of the Code
of Federal Regulations (CFR), which
requires that each manufacturer or
private labeler, before distributing in
commerce any basic model of an electric
motor subject to the applicable energy
conservation standard, certify by means
of a Compliance Certification that each
basic model(s) meets the applicable
energy conservation standard.
Section 313(b)(1)(B) of EISA 2007
amended EPCA to require 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
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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). Appendix C to
Subpart B of 10 CFR Part 431 provides
a format for a manufacturer or private
labeler to report the energy efficiency of
its basic models of electric motors
according to rated horsepower or
kilowatts, number of poles, and open or
enclosed construction.
II. Discussion
A. Submission of Compliance
Certification Information
DOE establishes that Compliance
Certification information for electric
motors may be submitted to DOE
through either of the following means:
1. Compliance and Certification
Management System (CCMS)—via the
Web portal: https://
www.regulations.doe.gov/ccms. Follow
the instructions on the CCMS Web site
for submitting compliance statements
and certification reports. The CCMS is
a tool for certification of compliance
with applicable energy conservation
standards. Submission of Compliance
Certification information via the CCMS
is strongly encouraged and will satisfy
DOE’s compliance and certification
reporting requirements for electric
motors. 2. Certified Mail—send to:
Certification and Compliance Reports,
U.S. Department of Energy, Office of
Energy Efficiency and Renewable
Energy, Building Technologies Program,
EE–2J, Forrestal Building, 1000
Independence Avenue, SW.,
Washington, DC 20585–0121.
Initially, the CCMS database will be
used only as an alternative method for
the submission of Compliance
Certification information for electric
motors, in addition to the current
certified mail option. In a future
rulemaking, DOE anticipates proposing
to remove the certified mail option to
make electronic submissions of
Compliance Certification information
through the CCMS the sole method of
submission for electric motors. Such a
requirement would be consistent with
DOE’s March 7, 2011 final rule titled
‘‘Certification, Compliance and
Enforcement for Consumer Products and
Commercial and Industrial Equipment.’’
76 FR 12422. In that final rule, DOE
noted its intent, where possible, to
harmonize the certification provisions
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for electric motors with the
requirements for covered products and
equipment under Part 429 of the CFR,
which includes mandatory electronic
submission. 76 FR 12447.
B. Sample Compliance Certification
Form
In order to provide clarity to
manufacturers, DOE is correcting the
sample Compliance Certification form
currently located in Appendix C to
Subpart B of 10 CFR part 431 to be
consistent with the EISA 2007 energy
conservation standards. DOE’s
regulations, under 10 CFR 431.36(b),
require manufacturers of electric motors
to use the format in Appendix C to
subpart B of 10 CFR part 431 for
submitting Compliance Certification
reports. As published, this Compliance
Certification form does not allow
manufacturers to identify the correct
motor subtype and product class
information that would allow DOE to
determine whether a basic model is in
compliance with the EISA 2007
standards. Consequently, today’s final
rule conforms the sample Compliance
Certification form and table with the
efficiency levels resulting from EISA
2007 by replacing the table with a
revised table showing the additional
subtypes and product classes of electric
motors subject to the EISA 2007
standards.
Therefore, these regulations are being
published as final regulations and are
effective immediately.
C. National Environmental Policy Act
DOE has determined that this rule
falls into a class of actions that are
categorically excluded from further
review under the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) and DOE’s
implementing regulations at 10 CFR part
1021. This rule 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.
B. Administrative Procedure Act
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
rulemaking process. 68 FR 7990. DOE
has made its procedures and policies
available on the Office of the General
Counsel’s Web site at https://
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.
The Department finds good cause to
waive notice and comment on these
regulations pursuant to 5 U.S.C.
553(b)(3)(B), and the 30-day delay in
effective date pursuant to 5 U.S.C.
553(d). Notice and comment are
unnecessary and contrary to the public
interest because this final rule does not
require any new actions on the part of
manufacturers, private labelers, or thirdparty representatives; rather it simply
allows an alternative option for
submission of information which is
already required, and is otherwise
technical in nature. A delay in effective
date is unnecessary and contrary to the
public interest for these same reasons.
E. Paperwork Reduction Act
Manufacturers of electric motors must
certify to DOE that their products
comply with any applicable energy
conservation standards. In certifying
compliance, manufacturers must test
their products according to the DOE test
procedures for electric motors,
including any amendments adopted for
those test procedures. DOE has
established regulations for the
certification and recordkeeping
requirements for electric motors. 10 CFR
431.36. The collection-of-information
requirement for the certification and
recordkeeping is subject to review and
approval by OMB under the Paperwork
III. Procedural Requirements
A. Executive Order 12866
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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).
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Reduction Act (PRA). This requirement
has been approved by OMB under OMB
control number 1910–1400. Public
reporting burden for the certification is
estimated to average 20 hours per
response, including the time for
reviewing instructions, searching
existing data sources, gathering and
maintaining the data needed, and
completing and reviewing the collection
of information.
Notwithstanding any other provision
of the law, no person is required to
respond to, nor shall any person be
subject to a penalty for failure to comply
with, a collection of information subject
to the requirements of the PRA, unless
that collection of information displays a
currently valid OMB Control Number.
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
https://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
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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.
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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 and
would have no 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. 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
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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 rulemaking 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 promulgated 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
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might require compensation under the
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
(DOJ) and the Federal Trade
Commission (FTC) concerning the
impact of the commercial or industry
standards on competition. This final
rule to provide for use of the CCMS
system for the submission of
Compliance Certification information
and correct the sample Compliance
Certification form does not 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 before 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).
IV. Approval of the Office of the
Secretary
The Secretary of Energy has approved
publication of this final rule.
List of Subjects in 10 CFR Part 431
Administrative practice and
procedure, Confidential business
information, Energy conservation,
Household appliances, and Reporting
and recordkeeping requirements.
Issued in Washington, DC, on September
12, 2011.
Kathleen Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Office of Technology
Development, Energy Efficiency and
Renewable Energy.
For the reasons set forth in the
preamble, chapter II of title 10, Code of
Federal Regulations, part 431 is
amended to read as set forth below.
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PART 431—ENERGY EFFICIENCY
PROGRAM FOR CERTAIN
COMMERCIAL AND INDUSTRIAL
EQUIPMENT
1. The authority citation for part 431
continues to read as follows:
■
Authority: U.S.C. 6291–6317.
2. Section 431.36 is amended by
revising paragraph (d) to read as
follows:
■
§ 431.36
Compliance Certification.
*
*
*
*
*
(d) Signature and submission. A
manufacturer or private labeler must
submit the Compliance Certification
either on its own behalf, signed by a
corporate official of the company, or
through a third party (for example, a
trade association or other authorized
representative) acting on its behalf.
Where a third party is used, the
Compliance Certification must identify
the official of the manufacturer or
private labeler who authorized the third
party to make representations on the
company’s behalf, and must be signed
by a corporate official of the third party.
The Compliance Certification must be
submitted to the Department
electronically at https://
www.regulations.doe.gov/ccms.
Alternatively, the Compliance
Certification may be submitted by
certified mail to: Certification and
Compliance Reports, U.S. Department of
Energy, Office of Energy Efficiency and
Renewable Energy, Building
Technologies Program, EE–2J, Forrestal
Building, 1000 Independence Avenue,
SW., Washington, DC 20585–0121.
*
*
*
*
*
■ 3. Appendix C to subpart B of part 431
is revised to read as follows:
APPENDIX C TO SUBPART B OF PART
431—COMPLIANCE CERTIFICATION
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Certification of Compliance With Energy
Efficiency Standards for Electric Motors
(Office of Management and Budget Control
Number: 1910–1400. Expires February 13,
2014)
An electronic form is available at https://
www.regulations.doe.gov/ccms/.
1. Name and Address of Company (the
‘‘company’’):
lllllllllllllllllllll
lllllllllllllllllllll
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lllllllllllllllllllll
2. Name(s) to be Marked on Electric Motors
to Which this Compliance Certification
Applies:
lllllllllllllllllllll
lllllllllllllllllllll
lllllllllllllllllllll
lllllllllllllllllllll
3. If manufacturer or private labeler wishes
to receive a unique Compliance Certification
number for use with any particular brand
name, trademark, or other label name, fill out
the following two items:
A. List each brand name, trademark, or
other label name for which the company
requests a Compliance Certification number:
lllllllllllllllllllll
lllllllllllllllllllll
lllllllllllllllllllll
B. List other name(s), if any, under which
the company sells electric motors (if not
listed in item 2 above):
lllllllllllllllllllll
lllllllllllllllllllll
lllllllllllllllllllll
Submit electronically at https://
www.regulations.doe.gov/ccms.
Submit paper form by Certified Mail to:
U.S. Department of Energy, Office of Energy
Efficiency and Renewable Energy, Building
Technologies (EE–2J), Forrestal Building,
1000 Independence Avenue, SW.,
Washington, DC 20585–0121.
This Compliance Certification reports on
and certifies compliance with requirements
contained in 10 CFR Part 431 (Energy
Conservation Program for Certain
Commercial and Industrial Equipment) and
Part C of the Energy Policy and Conservation
Act (Pub. L. 94–163), and amendments
thereto. It is signed by a responsible official
of the above named company. Attached and
incorporated as part of this Compliance
Certification is a Listing of Electric Motor
Efficiencies. For each rating of electric
motor* for which the Listing specifies the
nominal full load efficiency of a basic model,
the company distributes no less efficient
basic model with that rating and all basic
models with that rating comply with the
applicable energy efficiency standard.
* For this purpose, the term ‘‘rating’’ means
one of the combinations of an electric motor’s
horsepower (or standard kilowatt equivalent),
number of poles, motor type, and open or
enclosed construction, with respect to which
§ 431.25 of 10 CFR Part 431 prescribes
nominal full load efficiency standards.
Person to Contact for Further Information:
Name: lllllllllllllllll
Address: llllllllllllllll
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lllllllllllllllllllll
lllllllllllllllllllll
lllllllllllllllllllll
Telephone Number: lllllllllll
Facsimile Number: llllllllllll
If any part of this Compliance Certification,
including the Attachment, was prepared by
a third party organization under the
provisions of 10 CFR 431.36, the company
official authorizing third party
representations:
Name: lllllllllllllllll
Address: llllllllllllllll
lllllllllllllllllllll
lllllllllllllllllllll
lllllllllllllllllllll
Telephone Number: lllllllllll
Facsimile Number: llllllllllll
Third Party Organization Officially Acting
as Representative:
Third Party Organization:
llllllll
Responsible Person at the Organization: ll
lllllllllllllllllllll
Address: llllllllllllllll
lllllllllllllllllllll
lllllllllllllllllllll
lllllllllllllllllllll
Telephone Number: lllllllllll
Facsimile Number: llllllllllll
All required determinations on which this
Compliance Certification is based were made
in conformance with the applicable
requirements in 10 CFR Part 431, subpart B.
All information reported in this Compliance
Certification is true, accurate, and complete.
The company is aware of the penalties
associated with violations of the Act and the
regulations thereunder, and is also aware of
the provisions contained in 18 U.S.C. 1001,
which prohibits knowingly making false
statements to the Federal Government.
Signature: llllllllllllllll
Date: llllllllllllllllll
Name: lllllllllllllllll
Title: llllllllllllllllll
Firm or Organization: llllllllll
Attachment of Certification of Compliance
With Energy Efficiency Standards for
Electric Motor Efficiencies
Date: llllllllllllllllll
Name of Company:
lllllllllll
Motor Type (i.e., general purpose electric
motor (subtype I), fire pump electric motor,
general purpose electric motor (subtype II),
NEMA Design B general purpose electric
motor)
lllllllllllllllllllll
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Least efficient basic model—(model numbers(s))
Nominal full-load efficiency
Motor horsepower/standard kilowatt equivalent
Open motors
(number of poles)
Enclosed motors
(number of poles)
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4
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5/3.7 .................................................................................................
6
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8
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2
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4
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1/.75 .................................................................................................
6
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Note: Place an asterisk beside each reported nominal full load efficiency that is determined by actual testing rather than by application of an
alternative efficiency determination method. Also list below additional basic models that were subjected to actual testing.
Basic Model means all units of a given type
of electric motor (or class thereof)
manufactured by a single manufacturer, and
which (i) have the same rating, (ii) have
electrical design characteristics that are
essentially identical, and (iii) do not have
any differing physical or functional
characteristics that affect energy
consumption or efficiency.
Rating means one of the combinations of
an electric motor’s horsepower (or standard
kilowatt equivalent), number of poles, motor
type, and open or enclosed construction,
with respect to which § 431.25 of 10 CFR Part
431 prescribes nominal full load efficiency
standards.
Least efficient basic model—(model numbers(s))
Nominal full-load efficiency
Motor horsepower/standard kilowatt equivalent
Open motors
(number of poles)
Enclosed motors
(number of poles)
8
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Federal Register / Vol. 76, No. 185 / Friday, September 23, 2011 / Rules and Regulations
Least efficient basic model—(model numbers(s))
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Motor horsepower/standard kilowatt equivalent
Open motors
(number of poles)
Enclosed motors
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8
[FR Doc. 2011–24500 Filed 9–22–11; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2011–0647; Directorate
Identifier 2010–NM–193–AD; Amendment
39–16812; AD 2011–20–03]
RIN 2120–AA64
Airworthiness Directives; Airbus Model
A300 B4–600, B4–600R, and F4–600R
Series Airplanes, and Model C4–605R
Variant F Airplanes (Collectively Called
A300–600 Series Airplanes) and A310
Series Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
erowe on DSK2VPTVN1PROD with RULES
SUMMARY: We are adopting a new
airworthiness directive (AD) for the
products listed above. This AD results
from mandatory continuing
airworthiness information (MCAI)
originated by an aviation authority of
another country to identify and correct
an unsafe condition on an aviation
product. The MCAI describes the unsafe
condition as:
Surface defects were visually detected on
the rudder of an A319 and an A321 in-service
aeroplane. Investigation has determined that
the defects reported on both rudders
corresponded to areas that had been
reworked in production. The investigation
confirmed that the defects were as a result of
de-bonding between the skin and honeycomb
core. Such reworks were also performed on
some rudders fitted on A310 and A300–600
aeroplanes.
An extended de-bonding, if not detected
and corrected, may degrade the structural
integrity of the rudder. The loss of the rudder
leads to degradation of the handling qualities
and reduces the controllability of the
aeroplane.
*
*
*
*
*
We are issuing this AD to require
actions to correct the unsafe condition
on these products.
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DATES: This AD becomes effective
October 28, 2011.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of October 28, 2011.
ADDRESSES: You may examine the AD
docket on the Internet at https://
www.regulations.gov or in person at the
U.S. Department of Transportation,
Docket Operations, M–30, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE.,
Washington, DC.
FOR FURTHER INFORMATION CONTACT: Dan
Rodina, Aerospace Engineer,
International Branch, ANM–116,
Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone
(425) 227–2125; fax (425) 227–1149.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would
apply to the specified products. That
NPRM was published in the Federal
Register on June 29, 2011 (76 FR 38069).
That NPRM proposed to correct an
unsafe condition for the specified
products. The MCAI states:
Surface defects were visually detected on
the rudder of an A319 and an A321 in-service
aeroplane. Investigation has determined that
the defects reported on both rudders
corresponded to areas that had been
reworked in production. The investigation
confirmed that the defects were as a result of
de-bonding between the skin and honeycomb
core. Such reworks were also performed on
some rudders fitted on A310 and A300–600
aeroplanes.
An extended de-bonding, if not detected
and corrected, may degrade the structural
integrity of the rudder. The loss of the rudder
leads to degradation of the handling qualities
and reduces the controllability of the
aeroplane.
To address this unsafe condition, EASA
issued AD 2010–0002 [which corresponds to
FAA AD 2010–16–13, Amendment 39–16390
(75 FR 49370, August 13, 2010)], superseding
[EASA] AD 2009–0166, to require
inspections of specific areas and, depending
on findings, the application of corrective
actions for those rudders where production
reworks have been identified.
PO 00000
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This new [EASA] AD addresses the rudder
population that has also been reworked in
production but not included in the
applicability of EASA AD 2010–0002.
The required actions, for certain
rudders, include vacuum loss
inspections and elasticity laminate
checker inspections for defects
including de-bonding between the skin
and honeycomb core of the rudder. The
corrective action is contacting the FAA
or EASA for repair instructions if any
defects are found. For certain other
rudders, the required actions include
replacing the rudder with a serviceable
rudder. We are considering similar
rulemaking action on Model A319 and
A321 airplanes. You may obtain further
information by examining the MCAI in
the AD docket.
Comments
We gave the public the opportunity to
participate in developing this AD. We
received no comments on the NPRM (76
FR 38069, June 29, 2011) or on the
determination of the cost to the public.
Conclusion
We reviewed the available data and
determined that air safety and the
public interest require adopting the AD
as proposed.
Differences Between This AD and the
MCAI or Service Information
We have reviewed the MCAI and
related service information and, in
general, agree with their substance. But
we might have found it necessary to use
different words from those in the MCAI
to ensure the AD is clear for U.S.
operators and is enforceable. In making
these changes, we do not intend to differ
substantively from the information
provided in the MCAI and related
service information.
We might also have required different
actions in this AD from those in the
MCAI in order to follow our FAA
policies. Any such differences are
highlighted in a NOTE within the AD.
Costs of Compliance
We estimate that this AD will affect
215 products of U.S. registry. We also
estimate that it will take about 4 work-
E:\FR\FM\23SER1.SGM
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Agencies
[Federal Register Volume 76, Number 185 (Friday, September 23, 2011)]
[Rules and Regulations]
[Pages 59003-59008]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-24500]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 76, No. 185 / Friday, September 23, 2011 /
Rules and Regulations
[[Page 59003]]
DEPARTMENT OF ENERGY
10 CFR Part 431
[Docket No. EERE-2010-BT-CE-0014]
RIN 1904-AC23
Energy Conservation Program: Compliance Certification for
Electric Motors
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Final rule; technical amendment.
-----------------------------------------------------------------------
SUMMARY: This final rule provides a new means for manufacturers of
electric motors and their private labelers to prepare and submit
Compliance Certification information to the Department of Energy (DOE
or the ``Department'') through an electronic Web-based tool, the
Compliance and Certification Management System (CCMS). The CCMS is the
preferred mechanism for submitting Compliance Certification information
for electric motors covered under the Energy Policy and Conservation
Act (EPCA), as amended. This rule is also being issued to correct the
sample Compliance Certification form currently located in Appendix C to
Subpart B of 10 CFR Part 431 to be consistent with the Energy
Independence and Security Act of 2007 (EISA 2007) energy conservation
standards. Additionally, this rule updates the address and contact
information used to submit Compliance Certification information through
certified mail to DOE.
DATES: Effective date: September 23, 2011.
ADDRESSES: For access to the docket and to read background material,
visit the U.S. Department of Energy, Resource Room of the Building
Technologies Program, 950 L'Enfant Plaza, SW., 6th Floor, Washington,
DC 20024, (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: Ms. Ashley Armstrong, 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: 202-586-6590. E-mail:
Ashley.Armstrong@ee.doe.gov; and Ms. Celia Sher, U.S. Department of
Energy, Office of the General Counsel, Forrestal Building, GC-71, 1000
Independence Avenue, SW., Washington, DC 20585. Telephone: 202-287-
6122. E-mail: Celia.Sher@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
I. Background
EPCA establishes energy efficiency standards and test procedures
for certain commercial and industrial equipment, including electric
motors, 42 U.S.C. 6291 et seq., and states in relevant part that, ``the
Secretary [of Energy] shall require manufacturers to certify'' that
each electric motor meets the applicable energy efficiency standards.
(42 U.S.C. 6316(c)) To achieve this end, EPCA authorizes the Secretary
to issue the necessary rules requiring each manufacturer or private
labeler of covered electric motors to submit information and reports to
ensure compliance. (42 U.S.C. 6316(a)) This directive is carried out
under Section 431.36 of Title 10 of the Code of Federal Regulations
(CFR), which requires that each manufacturer or private labeler, before
distributing in commerce any basic model of an electric motor subject
to the applicable energy conservation standard, certify by means of a
Compliance Certification that each basic model(s) meets the applicable
energy conservation standard.
Section 313(b)(1)(B) of EISA 2007 amended EPCA to require 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). Appendix C to Subpart B of 10 CFR Part 431 provides a format for
a manufacturer or private labeler to report the energy efficiency of
its basic models of electric motors according to rated horsepower or
kilowatts, number of poles, and open or enclosed construction.
II. Discussion
A. Submission of Compliance Certification Information
DOE establishes that Compliance Certification information for
electric motors may be submitted to DOE through either of the following
means: 1. Compliance and Certification Management System (CCMS)--via
the Web portal: https://www.regulations.doe.gov/ccms. Follow the
instructions on the CCMS Web site for submitting compliance statements
and certification reports. The CCMS is a tool for certification of
compliance with applicable energy conservation standards. Submission of
Compliance Certification information via the CCMS is strongly
encouraged and will satisfy DOE's compliance and certification
reporting requirements for electric motors. 2. Certified Mail--send to:
Certification and Compliance Reports, U.S. Department of Energy, Office
of Energy Efficiency and Renewable Energy, Building Technologies
Program, EE-2J, Forrestal Building, 1000 Independence Avenue, SW.,
Washington, DC 20585-0121.
Initially, the CCMS database will be used only as an alternative
method for the submission of Compliance Certification information for
electric motors, in addition to the current certified mail option. In a
future rulemaking, DOE anticipates proposing to remove the certified
mail option to make electronic submissions of Compliance Certification
information through the CCMS the sole method of submission for electric
motors. Such a requirement would be consistent with DOE's March 7, 2011
final rule titled ``Certification, Compliance and Enforcement for
Consumer Products and Commercial and Industrial Equipment.'' 76 FR
12422. In that final rule, DOE noted its intent, where possible, to
harmonize the certification provisions
[[Page 59004]]
for electric motors with the requirements for covered products and
equipment under Part 429 of the CFR, which includes mandatory
electronic submission. 76 FR 12447.
B. Sample Compliance Certification Form
In order to provide clarity to manufacturers, DOE is correcting the
sample Compliance Certification form currently located in Appendix C to
Subpart B of 10 CFR part 431 to be consistent with the EISA 2007 energy
conservation standards. DOE's regulations, under 10 CFR 431.36(b),
require manufacturers of electric motors to use the format in Appendix
C to subpart B of 10 CFR part 431 for submitting Compliance
Certification reports. As published, this Compliance Certification form
does not allow manufacturers to identify the correct motor subtype and
product class information that would allow DOE to determine whether a
basic model is in compliance with the EISA 2007 standards.
Consequently, today's final rule conforms the sample Compliance
Certification form and table with the efficiency levels resulting from
EISA 2007 by replacing the table with a revised table showing the
additional subtypes and product classes of electric motors subject to
the EISA 2007 standards.
III. 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 finds good cause to waive notice and comment on
these regulations pursuant to 5 U.S.C. 553(b)(3)(B), and the 30-day
delay in effective date pursuant to 5 U.S.C. 553(d). Notice and comment
are unnecessary and contrary to the public interest because this final
rule does not require any new actions on the part of manufacturers,
private labelers, or third-party representatives; rather it simply
allows an alternative option for submission of information which is
already required, and is otherwise technical in nature. A delay in
effective date is unnecessary and contrary to the public interest for
these same reasons. Therefore, these regulations are being published as
final regulations and are effective immediately.
C. National Environmental Policy Act
DOE has determined that this rule falls into a class of actions
that are categorically excluded from further review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and DOE's
implementing regulations at 10 CFR part 1021. This rule 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.
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 rulemaking process.
68 FR 7990. DOE has made its procedures and policies available on the
Office of the General Counsel's Web site at https://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
Manufacturers of electric motors must certify to DOE that their
products comply with any applicable energy conservation standards. In
certifying compliance, manufacturers must test their products according
to the DOE test procedures for electric motors, including any
amendments adopted for those test procedures. DOE has established
regulations for the certification and recordkeeping requirements for
electric motors. 10 CFR 431.36. The collection-of-information
requirement for the certification and recordkeeping is subject to
review and approval by OMB under the Paperwork Reduction Act (PRA).
This requirement has been approved by OMB under OMB control number
1910-1400. Public reporting burden for the certification is estimated
to average 20 hours per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB Control Number.
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 https://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
[[Page 59005]]
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 and would have no
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. 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 rulemaking 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 promulgated 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 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 (DOJ) and the Federal Trade
Commission (FTC) concerning the impact of the commercial or industry
standards on competition. This final rule to provide for use of the
CCMS system for the submission of Compliance Certification information
and correct the sample Compliance Certification form does not 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 before 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).
IV. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this final
rule.
List of Subjects in 10 CFR Part 431
Administrative practice and procedure, Confidential business
information, Energy conservation, Household appliances, and Reporting
and recordkeeping requirements.
Issued in Washington, DC, on September 12, 2011.
Kathleen Hogan,
Deputy Assistant Secretary for Energy Efficiency, Office of Technology
Development, Energy Efficiency and Renewable Energy.
For the reasons set forth in the preamble, chapter II of title 10,
Code of Federal Regulations, part 431 is amended to read as set forth
below.
[[Page 59006]]
PART 431--ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND
INDUSTRIAL EQUIPMENT
0
1. The authority citation for part 431 continues to read as follows:
Authority: U.S.C. 6291-6317.
0
2. Section 431.36 is amended by revising paragraph (d) to read as
follows:
Sec. 431.36 Compliance Certification.
* * * * *
(d) Signature and submission. A manufacturer or private labeler
must submit the Compliance Certification either on its own behalf,
signed by a corporate official of the company, or through a third party
(for example, a trade association or other authorized representative)
acting on its behalf. Where a third party is used, the Compliance
Certification must identify the official of the manufacturer or private
labeler who authorized the third party to make representations on the
company's behalf, and must be signed by a corporate official of the
third party. The Compliance Certification must be submitted to the
Department electronically at https://www.regulations.doe.gov/ccms.
Alternatively, the Compliance Certification may be submitted by
certified mail to: Certification and Compliance Reports, U.S.
Department of Energy, Office of Energy Efficiency and Renewable Energy,
Building Technologies Program, EE-2J, Forrestal Building, 1000
Independence Avenue, SW., Washington, DC 20585-0121.
* * * * *
0
3. Appendix C to subpart B of part 431 is revised to read as follows:
APPENDIX C TO SUBPART B OF PART 431--COMPLIANCE CERTIFICATION
Certification of Compliance With Energy Efficiency Standards for
Electric Motors (Office of Management and Budget Control Number: 1910-
1400. Expires February 13, 2014)
An electronic form is available at https://www.regulations.doe.gov/ccms/.
1. Name and Address of Company (the ``company''):
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2. Name(s) to be Marked on Electric Motors to Which this
Compliance Certification Applies:
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3. If manufacturer or private labeler wishes to receive a unique
Compliance Certification number for use with any particular brand
name, trademark, or other label name, fill out the following two
items:
A. List each brand name, trademark, or other label name for
which the company requests a Compliance Certification number:
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B. List other name(s), if any, under which the company sells
electric motors (if not listed in item 2 above):
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Submit electronically at https://www.regulations.doe.gov/ccms.
Submit paper form by Certified Mail to: U.S. Department of
Energy, Office of Energy Efficiency and Renewable Energy, Building
Technologies (EE-2J), Forrestal Building, 1000 Independence Avenue,
SW., Washington, DC 20585-0121.
This Compliance Certification reports on and certifies
compliance with requirements contained in 10 CFR Part 431 (Energy
Conservation Program for Certain Commercial and Industrial
Equipment) and Part C of the Energy Policy and Conservation Act
(Pub. L. 94-163), and amendments thereto. It is signed by a
responsible official of the above named company. Attached and
incorporated as part of this Compliance Certification is a Listing
of Electric Motor Efficiencies. For each rating of electric motor*
for which the Listing specifies the nominal full load efficiency of
a basic model, the company distributes no less efficient basic model
with that rating and all basic models with that rating comply with
the applicable energy efficiency standard.
* For this purpose, the term ``rating'' means one of the
combinations of an electric motor's horsepower (or standard kilowatt
equivalent), number of poles, motor type, and open or enclosed
construction, with respect to which Sec. 431.25 of 10 CFR Part 431
prescribes nominal full load efficiency standards.
Person to Contact for Further Information:
Name:------------------------------------------------------------------
Address:---------------------------------------------------------------
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Telephone Number:------------------------------------------------------
Facsimile Number:------------------------------------------------------
If any part of this Compliance Certification, including the
Attachment, was prepared by a third party organization under the
provisions of 10 CFR 431.36, the company official authorizing third
party representations:
Name:------------------------------------------------------------------
Address:---------------------------------------------------------------
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Telephone Number:------------------------------------------------------
Facsimile Number:------------------------------------------------------
Third Party Organization Officially Acting as Representative:
Third Party Organization:----------------------------------------------
Responsible Person at the Organization:--------------------------------
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Address:---------------------------------------------------------------
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Telephone Number:------------------------------------------------------
Facsimile Number:------------------------------------------------------
All required determinations on which this Compliance
Certification is based were made in conformance with the applicable
requirements in 10 CFR Part 431, subpart B. All information reported
in this Compliance Certification is true, accurate, and complete.
The company is aware of the penalties associated with violations of
the Act and the regulations thereunder, and is also aware of the
provisions contained in 18 U.S.C. 1001, which prohibits knowingly
making false statements to the Federal Government.
Signature:-------------------------------------------------------------
Date:------------------------------------------------------------------
Name:------------------------------------------------------------------
Title:-----------------------------------------------------------------
Firm or Organization:--------------------------------------------------
Attachment of Certification of Compliance With Energy Efficiency
Standards for Electric Motor Efficiencies
Date:------------------------------------------------------------------
Name of Company:-------------------------------------------------------
Motor Type (i.e., general purpose electric motor (subtype I),
fire pump electric motor, general purpose electric motor (subtype
II), NEMA Design B general purpose electric motor)
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[[Page 59007]]
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Least efficient basic model--(model numbers(s)) Nominal full-load efficiency
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Motor horsepower/standard Open motors (number of poles) Enclosed motors (number of poles)
kilowatt equivalent -------------------------------------------------------------------------------
8 6 4 2 8 6 4 2
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Note: Place an asterisk beside each reported nominal full load efficiency that is determined by actual testing
rather than by application of an alternative efficiency determination method. Also list below additional basic
models that were subjected to actual testing.
Basic Model means all units of a given type of electric motor
(or class thereof) manufactured by a single manufacturer, and which
(i) have the same rating, (ii) have electrical design
characteristics that are essentially identical, and (iii) do not
have any differing physical or functional characteristics that
affect energy consumption or efficiency.
Rating means one of the combinations of an electric motor's
horsepower (or standard kilowatt equivalent), number of poles, motor
type, and open or enclosed construction, with respect to which Sec.
431.25 of 10 CFR Part 431 prescribes nominal full load efficiency
standards.
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Least efficient basic model--(model numbers(s)) Nominal full-load efficiency
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Motor horsepower/standard Open motors (number of poles) Enclosed motors (number of poles)
kilowatt equivalent -------------------------------------------------------------------------------
8 6 4 2 8 6 4 2
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[[Page 59008]]
Etc............................. ------ ------ ------ ------ ------ ------ ------ ------
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[FR Doc. 2011-24500 Filed 9-22-11; 8:45 am]
BILLING CODE 6450-01-P