[Federal Register Volume 82, Number 19 (Tuesday, January 31, 2017)]
[Rules and Regulations]
[Pages 8805-8806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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: [email protected].
    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 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