82_FR_8824 82 FR 8805 - Energy Conservation Program: Test Procedure for Walk-in Coolers and Walk-in Freezers

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 Range8805-8806
FR Document2017-01956

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.

-----------------------------------------------------------------------

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



                                                                                                                                                                                                          8805

                                                  Rules and Regulations                                                                                          Federal Register
                                                                                                                                                                 Vol. 82, No. 19

                                                                                                                                                                 Tuesday, January 31, 2017



                                                  This section of the FEDERAL REGISTER                    INFORMATION CONTACT      section of this               to the rule’s underlying premise or
                                                  contains regulatory documents having general            document.                                              approach, or would be ineffective or
                                                  applicability and legal effect, most of which              • NRC’s Agencywide Documents                        unacceptable without a change.
                                                  are keyed to and codified in the Code of                Access and Management System                             The NRC received one comment on
                                                  Federal Regulations, which is published under           (ADAMS): You may obtain publicly-                      the direct final rule (ADAMS Accession
                                                  50 titles pursuant to 44 U.S.C. 1510.
                                                                                                          available documents online in the                      No. ML16305A134). The NRC
                                                  The Code of Federal Regulations is sold by              ADAMS Public Documents collection at                   determined that this comment is not
                                                  the Superintendent of Documents. Prices of              http://www.nrc.gov/reading-rm/                         within the scope of the direct final rule,
                                                  new books are listed in the first FEDERAL               adams.html. To begin the search, select                which is limited to the specific changes
                                                  REGISTER issue of each week.                            ‘‘ADAMS Public Documents’’ and then                    contained in Amendment No. 2 to CoC
                                                                                                          select ‘‘Begin Web-based ADAMS                         No. 1040. The NRC also determined that
                                                                                                          Search.’’ For problems with ADAMS,                     this was not a significant adverse
                                                  NUCLEAR REGULATORY                                      please contact the NRC’s Public                        comment and did not make any changes
                                                  COMMISSION                                              Document Room (PDR) reference staff at                 to the direct final rule as a result of the
                                                                                                          1–800–397–4209, 301–415–4737, or by                    public comment.
                                                  10 CFR Part 72                                          email to pdr.resource@nrc.gov. The                       Therefore, because no significant
                                                  [NRC–2016–0155]                                         ADAMS accession number for each                        adverse comments were received, the
                                                                                                          document referenced (if it is available in             direct final rule will become effective as
                                                  RIN 3150–AJ80
                                                                                                          ADAMS) is provided the first time that                 scheduled. The final CoC, Technical
                                                  List of Approved Spent Fuel Storage                     it is mentioned in the SUPPLEMENTARY                   Specifications, and Safety Evaluation
                                                  Casks: Holtec International HI–STORM                    INFORMATION section.                                   Report can be viewed in ADAMS under
                                                  UMAX Canister Storage System;                              • NRC’s PDR: You may examine and                    Accession No. ML16341B061.
                                                  Certificate of Compliance No. 1040,                     purchase copies of public documents at                   Dated at Rockville, Maryland, this 12th day
                                                  Amendment No. 2                                         the NRC’s PDR, Room O1–F21, One                        of January 2017.
                                                                                                          White Flint North, 11555 Rockville                       For the Nuclear Regulatory Commission.
                                                  AGENCY:   Nuclear Regulatory                            Pike, Rockville, Maryland 20852.
                                                                                                                                                                 Cindy Bladey,
                                                  Commission.                                             FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                 Chief, Rules, Announcements, and Directives
                                                  ACTION: Direct final rule; confirmation of              Gregory Trussell, Office of Nuclear                    Branch, Division of Administrative Services,
                                                  effective date.                                         Material Safety and Safeguards, U.S.                   Office of Administration.
                                                                                                          Nuclear Regulatory Commission,                         [FR Doc. 2017–01178 Filed 1–30–17; 8:45 am]
                                                  SUMMARY:   The U.S. Nuclear Regulatory                  Washington, DC 20555–0001; telephone:
                                                  Commission (NRC) is confirming the                      301–415–6445; email: Gregory.Trussell@
                                                                                                                                                                 BILLING CODE 7590–01–P
                                                  effective date of January 9, 2017, for the              nrc.gov.
                                                  direct final rule that was published in
                                                                                                          SUPPLEMENTARY INFORMATION: On
                                                  the Federal Register on October 25,                                                                            DEPARTMENT OF ENERGY
                                                                                                          October 25, 2016 (81 FR 73335), the
                                                  2016. The direct final rule amended the
                                                                                                          NRC published a direct final rule                      10 CFR Parts 429 and 431
                                                  NRC’s spent fuel storage regulations by
                                                                                                          amending its regulations in § 72.214 of
                                                  revising the ‘‘List of approved spent fuel                                                                     [Docket No. EERE–2016–BT–TP–0030]
                                                                                                          title 10 of the Code of Federal
                                                  storage casks’’ to include Amendment
                                                                                                          Regulations by revising the ‘‘List of                  RIN 1904–AD72
                                                  No. 2 to Certificate of Compliance (CoC)
                                                                                                          approved spent fuel storage casks’’ to
                                                  No. 1040 for the Holtec International                                                                          Energy Conservation Program: Test
                                                                                                          include Amendment No. 2 to CoC No.
                                                  HI–STORM UMAX Canister Storage                                                                                 Procedure for Walk-in Coolers and
                                                                                                          1040 for the Holtec International HI–
                                                  System.                                                                                                        Walk-in Freezers
                                                                                                          STORM UMAX Canister Storage
                                                  DATES: Effective Date: The effective date               System. Amendment No. 2 adds new
                                                  of January 9, 2017, for the direct final                                                                       AGENCY:  Office of Energy Efficiency and
                                                                                                          fuel types to the HI–STORM UMAX
                                                  rule published October 25, 2016 (81 FR                                                                         Renewable Energy, Department of
                                                                                                          Canister Storage System and updates an
                                                  73335), is confirmed.                                                                                          Energy.
                                                                                                          existing fuel type description.
                                                  ADDRESSES: Please refer to Docket ID                    Additionally, Amendment No. 2                          ACTION: Final rule; delay of effective
                                                  NRC–2016–0155 when contacting the                       updates Table 3–4 of Appendix B of the                 date.
                                                  NRC about the availability of                           CoC to reflect correct terminology and                 SUMMARY:   This document delays the
                                                  information for this action. You may                    makes editorial changes to Appendix B                  effective date of a recently published
                                                  obtain publicly-available information                   of the CoC to clarify the description of               final rule amending the test procedure
                                                  related to this action by any of the                    the top surface pad.                                   for certain walk-in cooler and freezer
                                                  following methods:                                         In the direct final rule, the NRC stated
                                                                                                                                                                 components.
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                                                     • Federal Rulemaking Web site: Go to                 that if no significant adverse comments
                                                  http://www.regulations.gov and search                   were received, the direct final rule                   DATES:  Effective January 26, 2017 the
                                                  for Docket ID NRC–2016–0155. Address                    would become effective on January 9,                   effective date of the rule amending 10
                                                  questions about NRC dockets to Carol                    2017. As described more fully in the                   CFR parts 429 and 431 published in the
                                                  Gallagher; telephone: 301–415–3463;                     direct final rule, a significant adverse               Federal Register at 81 FR 95758 on
                                                  email: Carol.Gallagher@nrc.gov. For                     comment is a comment where the                         December 28, 2016, is delayed until
                                                  technical questions, contact the                        commenter explains why the rule would                  March 21, 2017.
                                                  individual listed in the FOR FURTHER                    be inappropriate, including challenges                 FOR FURTHER INFORMATION CONTACT:



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                                                  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
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; delay of effective date.
DatesEffective 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.
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 8805 
RIN Number1904-AD72
CFR Citation10 CFR 429
10 CFR 431

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