82_FR_8825 82 FR 8806 - Energy Conservation Program: Energy Conservation Standards for Ceiling Fans

82 FR 8806 - Energy Conservation Program: Energy Conservation Standards for Ceiling Fans

DEPARTMENT OF ENERGY

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

Page Range8806-8807
FR Document2017-01958

This document delays the effective date of a recently published final rule amending the energy conservation standards for ceiling fans.

Federal Register, Volume 82 Issue 19 (Tuesday, January 31, 2017)
[Federal Register Volume 82, Number 19 (Tuesday, January 31, 2017)]
[Rules and Regulations]
[Pages 8806-8807]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-01958]


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DEPARTMENT OF ENERGY

10 CFR Part 430

[Docket No. EERE-2012-BT-STD-0045]
RIN 1904-AD28


Energy Conservation Program: Energy Conservation Standards for 
Ceiling Fans

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 energy conservation standards for 
ceiling fans.

DATES: The effective date of the rule amending 10 CFR part 430 
published in the Federal Register at 82 FR 6826 on January 19, 2017, is 
delayed to 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: [email protected].
    Elizabeth Kohl, U.S. Department of Energy, Office of the General 
Counsel, 1000 Independence Ave. SW., Washington, DC 20585-0121. Phone: 
(202) 586-7796. Email: [email protected].

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 energy conservation 
standards for ceiling fans published in the Federal Register on January 
19, 2017. See 82 FR 6826. The January 19 rule establishes amended 
standards for ceiling fans that are expressed for each product class as 
the minimum allowable efficiency in terms of cubic feet per minute per 
watt (``CFM/W''), as a function of ceiling fan diameter. (The previous 
energy conservation standards applicable to ceiling fans were design 
standards prescribed in the Energy Policy and Conservation Act of 1975, 
as amended.) 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. 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).


[[Page 8807]]


    Issued in Washington, DC, on January 24, 2017.
John T. Lucas,
Acting General Counsel.
[FR Doc. 2017-01958 Filed 1-30-17; 8:45 am]
 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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                                                                    Federal Register / Vol. 82, No. 19 / Tuesday, January 31, 2017 / Rules and Regulations                                                      8807

                                                    Issued in Washington, DC, on January 24,              activities published in the Federal                      Issued in Washington, DC, on January 24,
                                                  2017.                                                   Register on December 27, 2016. See 81                  2017.
                                                  John T. Lucas,                                          FR 94910. In the December 27 rule, DOE                 John T. Lucas,
                                                  Acting General Counsel.                                 clarified that the Department may assess               Acting General Counsel.
                                                  [FR Doc. 2017–01958 Filed 1–30–17; 8:45 am]             civil penalties against certain                        [FR Doc. 2017–01959 Filed 1–30–17; 8:45 am]
                                                  BILLING CODE 6450–01–P                                  contractors and subcontractors for                     BILLING CODE 6450–01–P
                                                                                                          violations of the prohibition against
                                                                                                          retaliating against an employee who
                                                  DEPARTMENT OF ENERGY                                    reports violations of law,                             FARM CREDIT ADMINISTRATION
                                                                                                          mismanagement, waste, abuse, or
                                                  10 CFR Part 820                                                                                                12 CFR Part 622
                                                                                                          dangerous/unsafe workplace conditions,
                                                  [Docket No. EA–RM–16–PRDNA]                             among other protected activities,                      RIN 3052–AD21
                                                  RIN 1992–AA52                                           concerning nuclear safety (referred to as
                                                                                                          ‘‘whistleblowers’’). Specifically, DOE                 Rules of Practice and Procedure;
                                                  Procedural Rules for DOE Nuclear                        clarified the definition of ‘‘DOE Nuclear              Adjusting Civil Money Penalties for
                                                  Activities                                              Safety Requirements’’ and clarified that               Inflation
                                                  AGENCY:  Office of Enterprise                           the prohibition against whistleblower                  AGENCY:    Farm Credit Administration.
                                                  Assessments, Office of Enforcement,                     retaliation is a DOE Nuclear Safety                    ACTION:   Final rule.
                                                  Office of Nuclear Safety Enforcement,                   Requirement to the extent that it
                                                  Department of Energy.                                   concerns nuclear safety. Consistent with               SUMMARY:   This regulation implements
                                                  ACTION: Final rule; stay of regulations.
                                                                                                          the memorandum, DOE is temporarily                     inflation adjustments to civil money
                                                                                                          staying regulations in the final rule by               penalties (CMPs) that the Farm Credit
                                                  SUMMARY:    This document stays DOE                     an additional 60 days starting from                    Administration (FCA) may impose or
                                                  regulations for the assessment of civil                 January 20, 2017. The temporary 60-day                 enforce pursuant to the Farm Credit Act
                                                  penalties against certain contractors and               stay is necessary to give DOE officials                of 1971, as amended (Farm Credit Act),
                                                  subcontractors for violations of the                    the opportunity for further review and                 and pursuant to the Flood Disaster
                                                  prohibition against an employee who                     consideration of new regulations,                      Protection Act of 1973, as amended by
                                                  reports violations of law,                              consistent with the Chief of Staff’s                   the National Flood Insurance Reform
                                                  mismanagement, waste, abuse or                          memorandum of January 20, 2017.                        Act of 1994 (Reform Act), and further
                                                  dangerous/unsafe workplace conditions,                                                                         amended by the Biggert-Waters Flood
                                                  among other protected activities,                          To the extent that 5 U.S.C. 553 applies             Insurance Reform Act of 2012 (Biggert-
                                                  concerning nuclear safety.                              to this action, it is exempt from notice               Waters Act).
                                                                                                          and comment because it constitutes a
                                                  DATES: Effective January 31, 2017, 10                                                                          DATES: This regulation is effective on
                                                  CFR 820.2 (the definition for ‘‘DOE                     rule of procedure under 5 U.S.C.                       January 31, 2017.
                                                  Nuclear Safety Requirements’’), 820.14,                 553(b)(A). Alternatively, DOE’s
                                                                                                                                                                 FOR FURTHER INFORMATION CONTACT:
                                                  820.20(a) and (b), and appendix A to                    implementation of this action without
                                                                                                                                                                 Michael T. Wilson, Policy Analyst,
                                                  part 820, section XIII, are stayed until                opportunity for public comment,
                                                                                                                                                                 Office of Regulatory Policy, Farm Credit
                                                  March 21, 2017.                                         effective immediately upon publication                 Administration, McLean, VA 22102–
                                                  FOR FURTHER INFORMATION CONTACT:
                                                                                                          in the Federal Register, is based on the               5090, (703) 883–4124, TTY (703) 883–
                                                     Steven Simonson, U.S. Department of                  good cause exceptions in 5 U.S.C.                      4056, or Autumn Agans, Attorney-
                                                  Energy, Office of Enterprise                            553(b)(B) and 553(d)(3). Pursuant to 5                 Advisor, Office of General Counsel,
                                                  Assessments/Germantown Building,                        U.S.C. 553(b)(B), DOE has determined                   Farm Credit Administration, McLean,
                                                  1000 Independence Ave. SW.,                             that good cause exists to forego the                   VA 22102–5090, (703) 883–4082, TTY
                                                  Washington, DC 20585–1290. Phone:                       requirement to provide prior notice and                (703) 883–4056.
                                                  (301) 903–2816. Email:                                  an opportunity for public comment                      SUPPLEMENTARY INFORMATION:
                                                  Steven.Simonson@hq.doe.gov.                             thereon for this rule as such procedures
                                                     K.C. Michaels, U.S. Department of                    would be impracticable, unnecessary                    I. Objective
                                                  Energy, Office of the General Counsel,                  and contrary to the public interest. DOE                 The objective of this regulation is to
                                                  1000 Independence Ave. SW.,                             is temporarily staying this regulation                 adjust the maximum CMPs for inflation
                                                  Washington, DC 20585–0121. Phone:                       pursuant to the previously-noted                       through a final rulemaking to retain the
                                                  (202) 586–3430. Email:                                  memorandum of the Chief of Staff and                   deterrent effect of such penalties.
                                                  Kenneth.Michaels@hq.doe.gov.                            is exercising no discretion in
                                                  SUPPLEMENTARY INFORMATION: On
                                                                                                                                                                 II. Background
                                                                                                          implementing this specific provision of
                                                  January 20, 2017, the Assistant to the                  the memorandum.                                        A. Introduction
                                                  President and Chief of Staff (‘‘Chief of                                                                         Section 3(2) of the 1990 Act, as
                                                                                                             As a result, seeking public comment
                                                  Staff’’) issued a memorandum,                                                                                  amended, defines a civil monetary
                                                                                                          on this stay is unnecessary and contrary
                                                  published in the Federal Register on                                                                           penalty 1 as any penalty, fine, or other
                                                  January 24, 2017 (82 FR 8346), outlining                to the public interest. It is also
                                                                                                          impracticable given that the                           sanction that: (1) Either is for a specific
                                                  the President’s plan for managing the
                                                                                                                                                                 monetary amount as provided by
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  Federal regulatory process at the outset                memorandum was issued on January 20,
                                                  of the new Administration. In                           2017 and the previous effective date of
                                                                                                                                                                   1 Note: While the 1990 Act, as amended by 1996
                                                  implementation of one of the measures                   the rule at issue was January 26, 2017.                and 2015 Acts, uses the term ‘‘civil monetary
                                                  directed by that memorandum, the                        For these same reasons, DOE finds good                 penalties’’ for these penalties or other sanctions, the
                                                  United States Department of Energy                      cause to waive the 30-day delay in                     Farm Credit Act and the FCA Regulations use the
                                                                                                          effective date provided for in 5 U.S.C.                term ‘‘civil money penalties.’’ Both terms have the
                                                  (‘‘DOE’’) hereby temporarily stays                                                                             same meaning. Accordingly, this rule uses the term
                                                  regulations in its final rule amending its              553(d).                                                civil money penalty, and both terms may be used
                                                  procedural rules for DOE nuclear                                                                               interchangeably.



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Document Created: 2017-01-31 00:20:05
Document Modified: 2017-01-31 00:20:05
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.
DatesThe effective date of the rule amending 10 CFR part 430 published in the Federal Register at 82 FR 6826 on January 19, 2017, is delayed to 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 8806 
RIN Number1904-AD28

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