[Federal Register Volume 82, Number 21 (Thursday, February 2, 2017)]
[Rules and Regulations]
[Pages 8985-8986]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02134]


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DEPARTMENT OF ENERGY

10 CFR Parts 429 and 431

[Docket No. EERE-2014-BT-TP-0054]
RIN 1904-AD43


Energy Conservation Program: Test Procedures for Compressors

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 temporarily postpones the effective date of a 
recently published final rule establishing test procedures for certain 
varieties of compressors.

DATES: Effective February 1, 2017, the effective date of the rule 
amending 10 CFR parts 429 and 431 published in the Federal Register at 
82 FR 1052 on January 4, 2017, is delayed until March 21, 2017. The 
incorporation by reference of the publication listed in this rule is 
approved by the Director of the Federal Register as of 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]. Ms. Mary Greene, U.S. Department of Energy, 
Office of the General Counsel, 1000 Independence Ave. SW., Washington, 
DC 20585-0121. Phone: (202) 586-1817. 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

[[Page 8986]]

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 procedures for compressors published in the 
Federal Register on January 4, 2017. See 82 FR 1052. The January 4 rule 
establishes a new test procedure for certain varieties of compressors. 
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 February 
3, 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 26, 2017.
John T. Lucas,
Acting General Counsel.
[FR Doc. 2017-02134 Filed 2-1-17; 8:45 am]
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