82_FR_14479 82 FR 14426 - Energy Conservation Program: Test Procedure for Walk-in Coolers and Walk-in Freezers

82 FR 14426 - Energy Conservation Program: Test Procedure for Walk-in Coolers and Walk-in Freezers

DEPARTMENT OF ENERGY

Federal Register Volume 82, Issue 53 (March 21, 2017)

Page Range14426-14426
FR Document2017-05483

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.

Federal Register, Volume 82 Issue 53 (Tuesday, March 21, 2017) 
[Federal Register Volume 82, Number 53 (Tuesday, March 21, 2017)]
[Rules and Regulations]
[Page 14426]
From the Federal Register Online  [www.thefederalregister.org]
[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.

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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: 
[email protected].
    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: [email protected].

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

14426 Federal Register / Vol. 82, No. 53 / Tuesday, March 21, 2017 / Rules and Regulations DEPARTMENT OF ENERGY position until March 3, 2017. As a DEPARTMENT OF ENERGY result, the Secretary was unable to 10 CFR Parts 429 and 431 accomplish the review and 10 CFR Parts 429 and 431 [Docket No. EERE–2014–BT–TP–0054] consideration during the original [Docket No. EERE–2014–BT–TP–0054] postponement of the effective date of RIN 1904–AD72 the regulation amending the test RIN 1904–AD43 procedure for certain walk-in Energy Conservation Program: Test components. Therefore, DOE hereby Energy Conservation Program: Test Procedure for Walk-in Coolers and Procedures for Compressors further temporarily postpones the Walk-in Freezers effective date of that test procedure AGENCY: Office of Energy Efficiency and AGENCY: Office of Energy Efficiency and regulation to allow the Secretary the Renewable Energy, Department of Renewable Energy, Department of opportunity to accomplish this task. The Energy. Energy. effective date of this test procedure is ACTION: Final rule; further delay of ACTION: Final rule; further delay of postponed until June 26, 2017, the date effective date. effective date. on which the statute requires compliance with that procedure. See 42 SUMMARY: This document further SUMMARY: This document further U.S.C. 6314(d) (requiring use of temporarily postpones the effective date temporarily postpones the effective date applicable test procedure starting 180 of a recently published final rule of a recently published final rule days after being prescribed) and 81 FR establishing test procedures for certain establishing test procedures for certain 95758 (requiring use of the prescribed varieties of compressors. walk-in cooler and freezer components. procedure starting on June 26, 2017). DATES: As of March 21, 2017, the DATES: As of March 21, 2017, the effective date of the rule amending 10 To the extent that 5 U.S.C. 553 applies effective date of the rule amending 10 CFR parts 429 and 431 published in the CFR parts 429 and 431 published in the to this action, it is exempt from notice Federal Register at 82 FR 1052 on Federal Register at 81 FR 95758 on and comment because it constitutes a January 4, 2017, delayed until March 21, December 28, 2016, delayed until March rule of procedure under 5 U.S.C. 2017 at 82 FR 8985 on February 2, 2017, 21, 2017 at 82 FR 8805 on January 31, 553(b)(A). Alternatively, DOE’s is further delayed until July 3, 2017. The 2017, is further delayed until June 26, implementation of this action without incorporation by reference of the 2017. The incorporation by reference of opportunity for public comment, publication listed in this rule is the publication listed in this rule is effective immediately upon publication approved by the Director of the Federal approved by the Director of the Federal in the Federal Register, is based on the Register as of July 3, 2017. Register as of June 26, 2017. good cause exceptions in 5 U.S.C. FOR FURTHER INFORMATION CONTACT: Ms. FOR FURTHER INFORMATION CONTACT: Ms. 553(b)(B) and 553(d)(3). Pursuant to 5 Ashley Armstrong, U.S. Department of Ashley Armstrong, U.S. Department of U.S.C. 553(b)(B), DOE has determined Energy, Office of Energy Efficiency and Energy, Office of Energy Efficiency and that good cause exists to forego the Renewable Energy, Building Renewable Energy, Building requirement to provide prior notice and Technologies Office, EE–2J, 1000 Technologies Office, EE–2J, 1000 an opportunity for public comment Independence Avenue SW., Independence Avenue SW., thereon for this rule as such procedures Washington, DC 20585–0121. Washington, DC 20585–0121. would be impracticable, unnecessary Telephone: (202) 586–6590. Email: Telephone: (202) 586–6590. Email: and contrary to the public interest. DOE Ashey.Armstrong@ee.doe.gov. Ashey.Armstrong@ee.doe.gov. is temporarily postponing the effective Ms. Mary Greene, U.S. Department of Mr. Michael Kido, U.S. Department of date of this regulation pursuant to the Energy, Office of the General Counsel, Energy, Office of the General Counsel, previously-noted need for review by the GC–33, 1000 Independence Ave. SW., 1000 Independence Ave. SW., Secretary and the statutory compliance Washington, DC 20585–0121. Phone: Washington, DC 20585–0121. Phone: date is unaffected by this action. As a (202) 586–1817. Email: Mary.Greene@ (202) 586–8145. Email: Michael.Kido@ result, seeking public comment on this hq.doe.gov. hq.doe.gov. delay is unnecessary and contrary to the SUPPLEMENTARY INFORMATION: On SUPPLEMENTARY INFORMATION: On public interest. It is also impracticable February 1, 2017, the United States January 31, 2017, the United States given the timing of the Secretary’s Department of Energy (‘‘DOE’’) Department of Energy (‘‘DOE’’) confirmation and the March 21 effective temporarily postponed the effective date temporarily postponed the effective date date established by the prior temporary of its final rule amending the test of its final rule amending the test postponement. For these same reasons procedures for compressors published procedure for certain walk-in cooler and DOE finds good cause to waive the 30- in the Federal Register on January 4, walk-in freezer (collectively, ‘‘walk-in’’ day delay in effective date provided for 2017. See 82 FR 8985 (February 2, or ‘‘WICF’’) components published in in 5 U.S.C. 553(d). 2017). The February 1 rule temporarily the Federal Register on December 28, postponed the effective date of the final Issued in Washington, DC, on March 15, 2016. See 82 FR 8805. The January 31 rule by 60 days, starting from January 2017. rule temporarily postponed the effective 20, 2017. The temporary 60-day delay in date of the final rule by 60 days, starting John T. Lucas, effective date was necessary to give the from January 20, 2017. The temporary Acting General Counsel. newly appointed Secretary of Energy pmangrum on DSK4SPTVN1PROD with RULES 60-day delay in effective date was [FR Doc. 2017–05483 Filed 3–20–17; 8:45 am] (Secretary) the opportunity for further necessary to give the newly appointed BILLING CODE 6450–01–P review and consideration of new Secretary of Energy (‘‘Secretary’’) the regulations. However, the Secretary was opportunity for further review and not confirmed and did not begin work consideration of new regulations. in his position until March 3, 2017. As However, the Secretary was not a result, the Secretary was unable to confirmed and did not begin work in his accomplish the review and VerDate Sep<11>2014 13:46 Mar 20, 2017 Jkt 241001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\21MRR1.SGM 21MRR1


Document Created: 2017-03-21 01:09:48
Document Modified: 2017-03-21 01:09:48
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule; further delay of effective date.
DatesAs 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.
ContactMs. 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: [email protected]
FR Citation82 FR 14426 
RIN Number1904-AD72
CFR Citation10 CFR 429
10 CFR 431
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