Energy Conservation Program: Test Procedure for Walk-in Coolers and Walk-in Freezers, 14426 [2017-05483]
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Federal Register / Vol. 82, No. 53 / Tuesday, March 21, 2017 / Rules and Regulations
DEPARTMENT OF ENERGY
10 CFR Parts 429 and 431
[Docket No. EERE–2014–BT–TP–0054]
RIN 1904–AD72
Energy Conservation Program: Test
Procedure for Walk-in Coolers and
Walk-in Freezers
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Final rule; further delay of
effective date.
AGENCY:
This document further
temporarily postpones the effective date
of a recently published final rule
establishing test procedures for certain
walk-in cooler and freezer components.
DATES: As of March 21, 2017, the
effective date of the rule amending 10
CFR parts 429 and 431 published in the
Federal Register at 81 FR 95758 on
December 28, 2016, delayed until March
21, 2017 at 82 FR 8805 on January 31,
2017, is further delayed until June 26,
2017. The incorporation by reference of
the publication listed in this rule is
approved by the Director of the Federal
Register as of June 26, 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.
Mr. Michael Kido, U.S. Department of
Energy, Office of the General Counsel,
1000 Independence Ave. SW.,
Washington, DC 20585–0121. Phone:
(202) 586–8145. Email: Michael.Kido@
hq.doe.gov.
SUMMARY:
On
January 31, 2017, the United States
Department of Energy (‘‘DOE’’)
temporarily postponed the effective date
of its final rule amending the test
procedure for certain walk-in cooler and
walk-in freezer (collectively, ‘‘walk-in’’
or ‘‘WICF’’) components published in
the Federal Register on December 28,
2016. See 82 FR 8805. The January 31
rule temporarily postponed the effective
date of the final rule by 60 days, starting
from January 20, 2017. The temporary
60-day delay in effective date was
necessary to give the newly appointed
Secretary of Energy (‘‘Secretary’’) the
opportunity for further review and
consideration of new regulations.
However, the Secretary was not
confirmed and did not begin work in his
pmangrum on DSK4SPTVN1PROD with RULES
SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
13:46 Mar 20, 2017
Jkt 241001
position until March 3, 2017. As a
result, the Secretary was unable to
accomplish the review and
consideration during the original
postponement of the effective date of
the regulation amending the test
procedure for certain walk-in
components. Therefore, DOE hereby
further temporarily postpones the
effective date of that test procedure
regulation to allow the Secretary the
opportunity to accomplish this task. The
effective date of this test procedure is
postponed until June 26, 2017, the date
on which the statute requires
compliance with that procedure. See 42
U.S.C. 6314(d) (requiring use of
applicable test procedure starting 180
days after being prescribed) and 81 FR
95758 (requiring use of the prescribed
procedure starting on June 26, 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 the effective
date of this regulation pursuant to the
previously-noted need for review by the
Secretary and the statutory compliance
date is unaffected by this action. As a
result, seeking public comment on this
delay is unnecessary and contrary to the
public interest. It is also impracticable
given the timing of the Secretary’s
confirmation and the March 21 effective
date established by the prior temporary
postponement. For these same reasons
DOE finds good cause to waive the 30day delay in effective date provided for
in 5 U.S.C. 553(d).
Issued in Washington, DC, on March 15,
2017.
John T. Lucas,
Acting General Counsel.
[FR Doc. 2017–05483 Filed 3–20–17; 8:45 am]
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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; further delay of
effective date.
AGENCY:
This document further
temporarily postpones the effective date
of a recently published final rule
establishing test procedures for certain
varieties of compressors.
DATES: As of March 21, 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, delayed until March 21,
2017 at 82 FR 8985 on February 2, 2017,
is further delayed until July 3, 2017. The
incorporation by reference of the
publication listed in this rule is
approved by the Director of the Federal
Register as of July 3, 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,
GC–33, 1000 Independence Ave. SW.,
Washington, DC 20585–0121. Phone:
(202) 586–1817. Email: Mary.Greene@
hq.doe.gov.
SUMMARY:
On
February 1, 2017, the United States
Department of Energy (‘‘DOE’’)
temporarily postponed 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 8985 (February 2,
2017). The February 1 rule temporarily
postponed the effective date of the final
rule by 60 days, starting from January
20, 2017. The temporary 60-day delay in
effective date was necessary to give the
newly appointed Secretary of Energy
(Secretary) the opportunity for further
review and consideration of new
regulations. However, the Secretary was
not confirmed and did not begin work
in his position until March 3, 2017. As
a result, the Secretary was unable to
accomplish the review and
SUPPLEMENTARY INFORMATION:
E:\FR\FM\21MRR1.SGM
21MRR1
]]>Agencies
[Federal Register Volume 82, Number 53 (Tuesday, March 21, 2017)]
[Rules and Regulations]
[Page 14426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05483]
[[Page 14426]]
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DEPARTMENT OF ENERGY
10 CFR Parts 429 and 431
[Docket No. EERE-2014-BT-TP-0054]
RIN 1904-AD72
Energy Conservation Program: Test Procedure for Walk-in Coolers
and Walk-in Freezers
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Final rule; further delay of effective date.
-----------------------------------------------------------------------
SUMMARY: This document further temporarily postpones the effective date
of a recently published final rule establishing test procedures for
certain walk-in cooler and freezer components.
DATES: As of March 21, 2017, the effective date of the rule amending 10
CFR parts 429 and 431 published in the Federal Register at 81 FR 95758
on December 28, 2016, delayed until March 21, 2017 at 82 FR 8805 on
January 31, 2017, is further delayed until June 26, 2017. The
incorporation by reference of the publication listed in this rule is
approved by the Director of the Federal Register as of June 26, 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.
Mr. Michael Kido, U.S. Department of Energy, Office of the General
Counsel, 1000 Independence Ave. SW., Washington, DC 20585-0121. Phone:
(202) 586-8145. Email: Michael.Kido@hq.doe.gov.
SUPPLEMENTARY INFORMATION: On January 31, 2017, the United States
Department of Energy (``DOE'') temporarily postponed the effective date
of its final rule amending the test procedure for certain walk-in
cooler and walk-in freezer (collectively, ``walk-in'' or ``WICF'')
components published in the Federal Register on December 28, 2016. See
82 FR 8805. The January 31 rule temporarily postponed the effective
date of the final rule by 60 days, starting from January 20, 2017. The
temporary 60-day delay in effective date was necessary to give the
newly appointed Secretary of Energy (``Secretary'') the opportunity for
further review and consideration of new regulations. However, the
Secretary was not confirmed and did not begin work in his position
until March 3, 2017. As a result, the Secretary was unable to
accomplish the review and consideration during the original
postponement of the effective date of the regulation amending the test
procedure for certain walk-in components. Therefore, DOE hereby further
temporarily postpones the effective date of that test procedure
regulation to allow the Secretary the opportunity to accomplish this
task. The effective date of this test procedure is postponed until June
26, 2017, the date on which the statute requires compliance with that
procedure. See 42 U.S.C. 6314(d) (requiring use of applicable test
procedure starting 180 days after being prescribed) and 81 FR 95758
(requiring use of the prescribed procedure starting on June 26, 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 the effective date of this regulation pursuant
to the previously-noted need for review by the Secretary and the
statutory compliance date is unaffected by this action. As a result,
seeking public comment on this delay is unnecessary and contrary to the
public interest. It is also impracticable given the timing of the
Secretary's confirmation and the March 21 effective date established by
the prior temporary postponement. 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 March 15, 2017.
John T. Lucas,
Acting General Counsel.
[FR Doc. 2017-05483 Filed 3-20-17; 8:45 am]
BILLING CODE 6450-01-P
