Energy Conservation Program: Test Procedures for Compressors, 8985-8986 [2017-02134]
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8985
Rules and Regulations
Federal Register
Vol. 82, No. 21
Thursday, February 2, 2017
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
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new books are listed in the first FEDERAL
REGISTER issue of each week.
DEPARTMENT OF ENERGY
10 CFR Parts 429 and 430
[Docket No. EERE–2016–BT–TP–0029]
RIN 1904–AD71
Energy Conservation Program: Test
Procedures for Central Air
Conditioners and Heat Pumps
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Final rule; delay of effective
date.
AGENCY:
This document temporarily
postpones the effective date of a
recently published final rule amending
the test procedures for central air
conditioners and heat pumps.
DATES: Effective February 1, 2017, the
effective date of the rule amending 10
CFR parts 429 and 430 published in the
Federal Register at 82 FR 1426 on
January 5, 2017, is delayed until March
21, 2017. The incorporation by reference
of the publication listed in this rule is
approved by the Director of the Federal
Register as of March 21, 2017.
FOR FURTHER INFORMATION CONTACT: Ms.
Ashley Armstrong, U.S. Department of
Energy, Office of Energy Efficiency and
Renewable Energy, Building
Technologies Office, EE–2J, 1000
Independence Avenue SW.,
Washington, DC 20585–0121.
Telephone: (202) 586–6590. Email:
Ashey.Armstrong@ee.doe.gov. Ms.
Johanna Jochum, U.S. Department of
Energy, Office of the General Counsel,
1000 Independence Ave. SW.,
Washington, DC 20585–0121. Phone:
(202) 287–6307. Email:
Johanna.Jochum@hq.doe.gov.
SUPPLEMENTARY INFORMATION: On
January 20, 2017, the Assistant to the
President and Chief of Staff (‘‘Chief of
Staff’’) issued a memorandum,
published in the Federal Register on
mstockstill on DSK3G9T082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
19:35 Feb 01, 2017
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January 24, 2017 (82 FR 8346), outlining
the President’s plan for managing the
Federal regulatory process at the outset
of the new Administration. In
implementation of one of the measures
directed by that memorandum, the
United States Department of Energy
(‘‘DOE’’) hereby temporarily postpones
the effective date of its final rule
amending the test procedures for central
air conditioners and heat pumps
(collectively, ‘‘CACs and HPs’’)
published in the Federal Register on
January 5, 2017. See 82 FR 1426. The
January 5 rule amends the test
procedures and specific certification,
compliance, and enforcement
provisions related to CACs and HPs.
Consistent with the memorandum, DOE
is temporarily postponing the effective
date of the final rule by 60 days, starting
from January 20, 2017. The temporary
60-day delay in effective date is
necessary to give DOE officials the
opportunity for further review and
consideration of new regulations,
consistent with the Chief of Staff’s
memorandum of January 20, 2017.
To the extent that 5 U.S.C. 553 applies
to this action, it is exempt from notice
and comment because it constitutes a
rule of procedure under 5 U.S.C.
553(b)(A). Alternatively, DOE’s
implementation of this action without
opportunity for public comment,
effective immediately upon publication
in the Federal Register, is based on the
good cause exceptions in 5 U.S.C.
553(b)(B) and 553(d)(3). Pursuant to 5
U.S.C. 553(b)(B), DOE has determined
that good cause exists to forego the
requirement to provide prior notice and
an opportunity for public comment
thereon for this rule as such procedures
would be impracticable, unnecessary
and contrary to the public interest. DOE
is temporarily postponing for 60 days
the effective date of this regulation
pursuant to the previously-noted
memorandum of the Chief of Staff and
is exercising no discretion in
implementing this specific provision of
the memorandum. As a result, seeking
public comment on this delay is
unnecessary and contrary to the public
interest. It is also impracticable given
that the memorandum was issued on
January 20, 2017, and the previous
effective date of the rule at issue was
February 6, 2017. For these same
reasons DOE finds good cause to waive
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the 30-day delay in effective date
provided for in 5 U.S.C. 553(d).
Issued in Washington, DC, on January 26,
2017.
John T. Lucas,
Acting General Counsel.
[FR Doc. 2017–02136 Filed 2–1–17; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
10 CFR Parts 429 and 431
[Docket No. EERE–2014–BT–TP–0054]
RIN 1904–AD43
Energy Conservation Program: Test
Procedures for Compressors
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Final rule; delay of effective
date.
AGENCY:
This document temporarily
postpones the effective date of a
recently published final rule
establishing test procedures for certain
varieties of compressors.
DATES: Effective February 1, 2017, the
effective date of the rule amending 10
CFR parts 429 and 431 published in the
Federal Register at 82 FR 1052 on
January 4, 2017, is delayed until March
21, 2017. The incorporation by reference
of the publication listed in this rule is
approved by the Director of the Federal
Register as of March 21, 2017.
FOR FURTHER INFORMATION CONTACT: Ms.
Ashley Armstrong, U.S. Department of
Energy, Office of Energy Efficiency and
Renewable Energy, Building
Technologies Office, EE–2J, 1000
Independence Avenue SW.,
Washington, DC 20585–0121.
Telephone: (202) 586–6590. Email:
Ashey.Armstrong@ee.doe.gov. Ms. Mary
Greene, U.S. Department of Energy,
Office of the General Counsel, 1000
Independence Ave. SW., Washington,
DC 20585–0121. Phone: (202) 586–1817.
Email: Mary.Greene@hq.doe.gov.
SUPPLEMENTARY INFORMATION: On
January 20, 2017, the Assistant to the
President and Chief of Staff (‘‘Chief of
Staff’’) issued a memorandum,
published in the Federal Register on
January 24, 2017 (82 FR 8346), outlining
the President’s plan for managing the
Federal regulatory process at the outset
SUMMARY:
E:\FR\FM\02FER1.SGM
02FER1
8986
Federal Register / Vol. 82, No. 21 / Thursday, February 2, 2017 / Rules and Regulations
mstockstill on DSK3G9T082PROD with RULES
of the new Administration. In
implementation of one of the measures
directed by that memorandum, the
United States Department of Energy
(‘‘DOE’’) hereby temporarily postpones
the effective date of its final rule
amending the test procedures for
compressors published in the Federal
Register on January 4, 2017. See 82 FR
1052. The January 4 rule establishes a
new test procedure for certain varieties
of compressors. Consistent with the
memorandum, DOE is temporarily
postponing the effective date of the final
rule by 60 days, starting from January
20, 2017. The temporary 60-day delay in
effective date is necessary to give DOE
officials the opportunity for further
review and consideration of new
regulations, consistent with the Chief of
Staff’s memorandum of January 20,
2017.
To the extent that 5 U.S.C. 553 applies
to this action, it is exempt from notice
and comment because it constitutes a
rule of procedure under 5 U.S.C.
553(b)(A). Alternatively, DOE’s
implementation of this action without
opportunity for public comment,
effective immediately upon publication
in the Federal Register, is based on the
good cause exceptions in 5 U.S.C.
553(b)(B) and 553(d)(3). Pursuant to 5
U.S.C. 553(b)(B), DOE has determined
that good cause exists to forego the
requirement to provide prior notice and
an opportunity for public comment
thereon for this rule as such procedures
would be impracticable, unnecessary
and contrary to the public interest. DOE
is temporarily postponing for 60 days
the effective date of this regulation
pursuant to the previously-noted
memorandum of the Chief of Staff and
is exercising no discretion in
implementing this specific provision of
the memorandum. As a result, seeking
public comment on this delay is
unnecessary and contrary to the public
interest. It is also impracticable given
that the memorandum was issued on
January 20, 2017, and the previous
effective date of the rule at issue was
February 3, 2017. For these same
reasons DOE finds good cause to waive
the 30-day delay in effective date
provided for in 5 U.S.C. 553(d).
Issued in Washington, DC, on January 26,
2017.
John T. Lucas,
Acting General Counsel.
[FR Doc. 2017–02134 Filed 2–1–17; 8:45 am]
BILLING CODE 6450–01–P
VerDate Sep<11>2014
19:35 Feb 01, 2017
Jkt 241001
FEDERAL ELECTION COMMISSION
11 CFR Part 111
[Notice 2017–01]
Civil Monetary Penalties Annual
Inflation Adjustments
Federal Election Commission.
Final rules.
AGENCY:
ACTION:
As required by the Federal
Civil Penalties Inflation Adjustment Act
of 1990, the Federal Election
Commission is adjusting for inflation
the civil monetary penalties established
under the Federal Election Campaign
Act, the Presidential Election Campaign
Fund Act, and the Presidential Primary
Matching Payment Account Act. The
civil monetary penalties being adjusted
are those negotiated by the Commission
or imposed by a court for certain
statutory violations, and those imposed
by the Commission for late filing of or
failure to file certain reports required by
the Federal Election Campaign Act. The
adjusted civil monetary penalties are
calculated according to a statutory
formula and the adjusted amounts will
apply to penalties assessed after the
effective date of these rules.
DATES: The final rules are effective on
February 2, 2017.
FOR FURTHER INFORMATION CONTACT: Mr.
Neven F. Stipanovic, Acting Assistant
General Counsel, or Mr. Eugene J.
Lynch, Paralegal, Office of General
Counsel, 999 E Street NW., Washington,
DC 20463, (202) 694–1650 or (800) 424–
9530.
SUPPLEMENTARY INFORMATION: The
Federal Civil Penalties Inflation
Adjustment Act of 1990 (the ‘‘Inflation
Adjustment Act’’),1 as amended by the
Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015 (the ‘‘2015 Act’’),2 requires federal
agencies, including the Commission, to
adjust for inflation the civil monetary
penalties within their jurisdiction
according to prescribed formulas. A
civil monetary penalty is ‘‘any penalty,
fine, or other sanction’’ that (1) ‘‘is for
a specific amount’’ or ‘‘has a maximum
amount’’ under federal law; and (2) that
a federal agency assesses or enforces
‘‘pursuant to an administrative
proceeding or a civil action’’ in federal
court.3 Under the Federal Election
SUMMARY:
1 Public Law 101–410, 104 Stat. 890 (codified at
28 U.S.C. 2461 note), amended by Debt Collection
Improvement Act of 1996, Public Law 104–134, sec.
31001(s)(1), 110 Stat. 1321, 1373; Federal Reports
Elimination Act of 1998, Public Law 105–362, sec.
1301, 112 Stat. 3280.
2 Public Law 114–74, section 701, 129 Stat. 584,
599.
3 Inflation Adjustment Act, section 3(2).
PO 00000
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Fmt 4700
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Campaign Act, 52 U.S.C. 30101–46
(‘‘FECA’’), the Commission may seek
and assess civil monetary penalties for
violations of FECA, the Presidential
Election Campaign Fund Act, 26 U.S.C.
9001–13, and the Presidential Primary
Matching Payment Account Act, 26
U.S.C. 9031–42.
As required by the 2015 Act,4 the
Commission recently instituted a onetime ‘‘catch-up’’ inflation adjustment to
its civil monetary penalties. Civil
Monetary Penalties Inflation
Adjustments, 81 FR 41196 (June 24,
2016). Starting in 2017, the Inflation
Adjustment Act requires federal
agencies to adjust their civil penalties
annually, and the adjustments must take
effect no later than January 15 of every
year.5 Pursuant to guidance issued by
the Office of Management and Budget,6
the Commission is now adjusting its
civil monetary penalties for 2017.7
The Commission must adjust for
inflation its civil monetary penalties
‘‘notwithstanding Section 553’’ of the
Administrative Procedures Act
(‘‘APA’’).8 Thus, the APA’s notice-andcomment and delayed effective date
requirements in 5 U.S.C. 553(b)–(d) do
not apply because Congress has
specifically exempted agencies from
these requirements.9
Furthermore, because the inflation
adjustments made through these final
rules are required by Congress and
involve no Commission discretion or
policy judgments, these rules do not
need to be submitted to the Speaker of
the House of Representatives or the
President of the Senate under the
Congressional Review Act, 5 U.S.C. 801
et seq. Moreover, because the APA’s
notice-and-comment procedures do not
apply to these final rules, the
Commission is not required to conduct
a regulatory flexibility analysis under 5
U.S.C. 603 or 604. See 5 U.S.C. 601(2),
604(a). Nor is the Commission required
to submit these revisions for
congressional review under FECA. See 5
U.S.C. 30111(d)(1), (4) (providing for
4 Inflation
Adjustment Act, section 4(b)(1).
Adjustment Act, section 4(a).
6 See Inflation Adjustment Act section 7(a)
(requiring OMB to ‘‘issue guidance to agencies on
implementing the inflation adjustments required
under this Act’’); see also Memorandum from
Shaun Donovan, Director, Office of Management
and Budget, to Heads of Executive Departments and
Agencies, M–17–11 (Dec. 16, 2016), https://
www.whitehouse.gov/sites/default/files/omb/
memoranda/2016/m-16-06.pdf (‘‘OMB
Memorandum’’).
7 Inflation Adjustment Act, section 5.
8 Inflation Adjustment Act, section 4(b)(2).
9 See, e.g., Asiana Airlines v. FAA, 134 F.3d 393,
396–99 (D.C. Cir. 1998) (finding APA ‘‘notice and
comment’’ requirement not applicable where
Congress clearly expressed intent to depart from
normal APA procedures).
5 Inflation
E:\FR\FM\02FER1.SGM
02FER1
Agencies
[Federal Register Volume 82, Number 21 (Thursday, February 2, 2017)]
[Rules and Regulations]
[Pages 8985-8986]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02134]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
10 CFR Parts 429 and 431
[Docket No. EERE-2014-BT-TP-0054]
RIN 1904-AD43
Energy Conservation Program: Test Procedures for Compressors
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Final rule; delay of effective date.
-----------------------------------------------------------------------
SUMMARY: This document temporarily postpones the effective date of a
recently published final rule establishing test procedures for certain
varieties of compressors.
DATES: Effective February 1, 2017, the effective date of the rule
amending 10 CFR parts 429 and 431 published in the Federal Register at
82 FR 1052 on January 4, 2017, is delayed until March 21, 2017. The
incorporation by reference of the publication listed in this rule is
approved by the Director of the Federal Register as of March 21, 2017.
FOR FURTHER INFORMATION CONTACT: Ms. Ashley Armstrong, U.S. Department
of Energy, Office of Energy Efficiency and Renewable Energy, Building
Technologies Office, EE-2J, 1000 Independence Avenue SW., Washington,
DC 20585-0121. Telephone: (202) 586-6590. Email:
Ashey.Armstrong@ee.doe.gov. Ms. Mary Greene, U.S. Department of Energy,
Office of the General Counsel, 1000 Independence Ave. SW., Washington,
DC 20585-0121. Phone: (202) 586-1817. Email: Mary.Greene@hq.doe.gov.
SUPPLEMENTARY INFORMATION: On January 20, 2017, the Assistant to the
President and Chief of Staff (``Chief of Staff'') issued a memorandum,
published in the Federal Register on January 24, 2017 (82 FR 8346),
outlining the President's plan for managing the Federal regulatory
process at the outset
[[Page 8986]]
of the new Administration. In implementation of one of the measures
directed by that memorandum, the United States Department of Energy
(``DOE'') hereby temporarily postpones the effective date of its final
rule amending the test procedures for compressors published in the
Federal Register on January 4, 2017. See 82 FR 1052. The January 4 rule
establishes a new test procedure for certain varieties of compressors.
Consistent with the memorandum, DOE is temporarily postponing the
effective date of the final rule by 60 days, starting from January 20,
2017. The temporary 60-day delay in effective date is necessary to give
DOE officials the opportunity for further review and consideration of
new regulations, consistent with the Chief of Staff's memorandum of
January 20, 2017.
To the extent that 5 U.S.C. 553 applies to this action, it is
exempt from notice and comment because it constitutes a rule of
procedure under 5 U.S.C. 553(b)(A). Alternatively, DOE's implementation
of this action without opportunity for public comment, effective
immediately upon publication in the Federal Register, is based on the
good cause exceptions in 5 U.S.C. 553(b)(B) and 553(d)(3). Pursuant to
5 U.S.C. 553(b)(B), DOE has determined that good cause exists to forego
the requirement to provide prior notice and an opportunity for public
comment thereon for this rule as such procedures would be
impracticable, unnecessary and contrary to the public interest. DOE is
temporarily postponing for 60 days the effective date of this
regulation pursuant to the previously-noted memorandum of the Chief of
Staff and is exercising no discretion in implementing this specific
provision of the memorandum. As a result, seeking public comment on
this delay is unnecessary and contrary to the public interest. It is
also impracticable given that the memorandum was issued on January 20,
2017, and the previous effective date of the rule at issue was February
3, 2017. For these same reasons DOE finds good cause to waive the 30-
day delay in effective date provided for in 5 U.S.C. 553(d).
Issued in Washington, DC, on January 26, 2017.
John T. Lucas,
Acting General Counsel.
[FR Doc. 2017-02134 Filed 2-1-17; 8:45 am]
BILLING CODE 6450-01-P