82 FR 8805 - Energy Conservation Program: Test Procedure for Walk-in Coolers and Walk-in Freezers

DEPARTMENT OF ENERGY

Federal Register Volume 82, Issue 19 (January 31, 2017)

Page Range		8805-8806
FR Document		2017-01956

This document delays the effective date of a recently published final rule amending the test procedure for certain walk-in cooler and freezer components.

Federal Register, Volume 82 Issue 19 (Tuesday, January 31, 2017)

[Federal Register Volume 82, Number 19 (Tuesday, January 31, 2017)]
[Rules and Regulations]
[Pages 8805-8806]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-01956]


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DEPARTMENT OF ENERGY

10 CFR Parts 429 and 431

[Docket No. EERE-2016-BT-TP-0030]
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; delay of effective date.

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SUMMARY: This document delays the effective date of a recently 
published final rule amending the test procedure for certain walk-in 
cooler and freezer components.

DATES: Effective January 26, 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, is delayed until March 21, 2017.

FOR FURTHER INFORMATION CONTACT:

[[Page 8806]]

    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.
    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 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 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 procedure for walk-in coolers and walk-in 
freezers (collectively, ``walk-ins'') published in the Federal Register 
on December 28, 2016. See 81 FR 95758. The December 28 rule clarifies 
certain specific aspects related to the testing of walk-in 
refrigeration systems, updates certain related certification and 
enforcement provisions, and establishes labeling requirements to assist 
in determining compliance with relevant walk-in standards. 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 January 
27, 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 24, 2017.
John T. Lucas,
Acting General Counsel.
[FR Doc. 2017-01956 Filed 1-26-17; 4:15 pm]
 BILLING CODE 6450-01-P

8806 Federal Register / Vol. 82, No. 19 / Tuesday, January 31, 2017 / Rules and Regulations

Ms. Ashley Armstrong, U.S. and contrary to the public interest. DOE President and Chief of Staff (‘‘Chief of
Department of Energy, Office of Energy is temporarily postponing for 60 days Staff’’) issued a memorandum,
Efficiency and Renewable Energy, the effective date of this regulation published in the Federal Register on
Building Technologies Office, EE–2J, pursuant to the previously-noted January 24, 2017 (82 FR 8346), outlining
1000 Independence Avenue SW., memorandum of the Chief of Staff and the President’s plan for managing the
Washington, DC, 20585–0121. is exercising no discretion in Federal regulatory process at the outset
Telephone: (202) 586–6590. Email: implementing this specific provision of of the new Administration. In
Ashey.Armstrong@ee.doe.gov. the memorandum. As a result, seeking implementation of one of the measures
Michael Kido, U.S. Department of public comment on this delay is directed by that memorandum, the
Energy, Office of the General Counsel, unnecessary and contrary to the public United States Department of Energy
1000 Independence Ave. SW., interest. It is also impracticable given (‘‘DOE’’) hereby temporarily postpones
Washington, DC 20585–0121. Phone: that the memorandum was issued on the effective date of its final rule
(202) 586–8145. Email: Michael.Kido@ January 20, 2017, and the previous amending the energy conservation
hq.doe.gov. effective date of the rule at issue was standards for ceiling fans published in
SUPPLEMENTARY INFORMATION: January 27, 2017. For these same the Federal Register on January 19,
On January 20, 2017, the Assistant to reasons DOE finds good cause to waive 2017. See 82 FR 6826. The January 19
the President and Chief of Staff (‘‘Chief the 30-day delay in effective date rule establishes amended standards for
of Staff’’) issued a memorandum, provided for in 5 U.S.C. 553(d). ceiling fans that are expressed for each
published in the Federal Register on Issued in Washington, DC, on January 24, product class as the minimum allowable
January 24, 2017 (82 FR 8346), outlining 2017. efficiency in terms of cubic feet per
the President’s plan for managing the John T. Lucas, minute per watt (‘‘CFM/W’’), as a
Federal regulatory process at the outset Acting General Counsel. function of ceiling fan diameter. (The
of the new Administration. In [FR Doc. 2017–01956 Filed 1–26–17; 4:15 pm]
previous energy conservation standards
implementation of one of the measures applicable to ceiling fans were design
BILLING CODE 6450–01–P
directed by that memorandum, the standards prescribed in the Energy
United States Department of Energy Policy and Conservation Act of 1975, as
(‘‘DOE’’) hereby temporarily postpones DEPARTMENT OF ENERGY amended.) Consistent with the
the effective date of its final rule memorandum, DOE is temporarily
amending the test procedure for walk-in 10 CFR Part 430 postponing the effective date of the final
coolers and walk-in freezers rule by 60 days, starting from January
[Docket No. EERE–2012–BT–STD–0045]
(collectively, ‘‘walk-ins’’) published in 20, 2017. The temporary 60-day delay in
the Federal Register on December 28, RIN 1904–AD28 effective date is necessary to give DOE
2016. See 81 FR 95758. The December officials the opportunity for further
Energy Conservation Program: Energy review and consideration of new
28 rule clarifies certain specific aspects
Conservation Standards for Ceiling regulations, consistent with the Chief of
related to the testing of walk-in
Fans Staff’s memorandum of January 20,
refrigeration systems, updates certain
related certification and enforcement AGENCY: Office of Energy Efficiency and 2017.
provisions, and establishes labeling Renewable Energy, Department of To the extent that 5 U.S.C. 553 applies
requirements to assist in determining Energy. to this action, it is exempt from notice
compliance with relevant walk-in ACTION: Final rule; delay of effective and comment because it constitutes a
standards. Consistent with the date. rule of procedure under 5 U.S.C.
memorandum, DOE is temporarily 553(b)(A). Alternatively, DOE’s
postponing the effective date of the final SUMMARY: This document delays the implementation of this action without
rule by 60 days, starting from January effective date of a recently published opportunity for public comment,
20, 2017. The temporary 60-day delay in final rule amending the energy effective immediately upon publication
effective date is necessary to give DOE conservation standards for ceiling fans. in the Federal Register, is based on the
officials the opportunity for further DATES: The effective date of the rule good cause exceptions in 5 U.S.C.
review and consideration of new amending 10 CFR part 430 published in 553(b)(B) and 553(d)(3). Pursuant to 5
regulations, consistent with the Chief of the Federal Register at 82 FR 6826 on U.S.C. 553(b)(B), DOE has determined
Staff’s memorandum of January 20, January 19, 2017, is delayed to March that good cause exists to forego the
2017. 21, 2017. requirement to provide prior notice and
To the extent that 5 U.S.C. 553 applies FOR FURTHER INFORMATION CONTACT: an opportunity for public comment
to this action, it is exempt from notice Ms. Ashley Armstrong, U.S. thereon for this rule as such procedures
and comment because it constitutes a Department of Energy, Office of Energy would be impracticable, unnecessary
rule of procedure under 5 U.S.C. Efficiency and Renewable Energy, and contrary to the public interest. DOE
553(b)(A). Alternatively, DOE’s Building Technologies Office, EE–2J, is temporarily postponing for 60 days
implementation of this action without 1000 Independence Avenue SW., the effective date of this regulation
opportunity for public comment, Washington, DC 20585–0121. pursuant to the previously-noted
effective immediately upon publication Telephone: (202) 586–6590. Email: memorandum of the Chief of Staff and
in the Federal Register, is based on the Ashey.Armstrong@ee.doe.gov. is exercising no discretion in
asabaliauskas on DSK3SPTVN1PROD with RULES

good cause exceptions in 5 U.S.C. Elizabeth Kohl, U.S. Department of implementing this specific provision of
553(b)(B) and 553(d)(3). Pursuant to 5 Energy, Office of the General Counsel, the memorandum. As a result, seeking
U.S.C. 553(b)(B), DOE has determined 1000 Independence Ave. SW., public comment on this delay is
that good cause exists to forego the Washington, DC 20585–0121. Phone: unnecessary and contrary to the public
requirement to provide prior notice and (202) 586–7796. Email: Elizabeth.Kohl@ interest. For these same reasons DOE
an opportunity for public comment hq.doe.gov. finds good cause to waive the 30-day
thereon for this rule as such procedures SUPPLEMENTARY INFORMATION: On delay in effective date provided for in 5
would be impracticable, unnecessary January 20, 2017, the Assistant to the U.S.C. 553(d).

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Document Created: 2017-01-31 00:20:08
Document Modified: 2017-01-31 00:20:08

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule; delay of effective date.
Dates		Effective January 26, 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, is delayed until March 21, 2017.
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]
FR Citation		82 FR 8805
RIN Number		1904-AD72
CFR Citation		10 CFR 429 10 CFR 431