[Federal Register Volume 82, Number 53 (Tuesday, March 21, 2017)]
[Rules and Regulations]
[Page 14425]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05481]


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DEPARTMENT OF ENERGY

10 CFR Parts 429 and 430

[Docket No. EERE-2016-BT-TP-0029]
RIN 1904-AD71


Energy Conservation Program: Test Procedures for Central Air 
Conditioners and Heat Pumps

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Final rule; further delay of effective date.

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SUMMARY: This document further temporarily postpones the effective date 
of a recently published final rule establishing test procedures for 
certain varieties of central air conditioners and heat pumps.

DATES: As of March 21, 2017, the effective date of the rule amending 10 
CFR parts 429 and 430 published in the Federal Register at 82 FR 1426 
on January 5, 2017, delayed until March 21, 2017 at 82 FR 8985 on 
February 2, 2017, is further delayed until July 3, 2017. The 
incorporation by reference of the publication listed in this rule is 
approved by the Director of the Federal Register as of July 3, 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. Johanna Jochum, U.S. Department of Energy, Office of the 
General Counsel, GC-33, 1000 Independence Ave. SW., Washington, DC 
20585-0121. Phone: (202) 287-6307. Email: [email protected].

SUPPLEMENTARY INFORMATION: On February 2, 2017, the United States 
Department of Energy (``DOE'') temporarily postponed the effective date 
of its final rule amending the test procedures for central air 
conditioners and heat pumps published in the Federal Register on 
January 4, 2017. See 82 FR 8985. The February 2 rule temporarily 
postponed the effective date of the final rule by 60 days, starting 
from January 20, 2017. The temporary 60-day delay in effective date was 
necessary to give the newly appointed Secretary of Energy (Secretary) 
the opportunity for further review and consideration of new 
regulations. However, the Secretary was not confirmed and did not begin 
work in his position until March 3, 2017. As a result, the Secretary 
was unable to accomplish the review and consideration during the 
original postponement of the effective date of the regulation 
establishing test procedures for central air conditioners and heat 
pumps. Therefore, DOE hereby further temporarily postpones the 
effective date of that test procedure regulation to allow the Secretary 
the opportunity to accomplish this task. The effective date of this 
test procedure is postponed until July 3, 2017, the date on which the 
statute requires compliance.
    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 the effective date of this regulation pursuant 
to the previously-noted need for review by the Secretary and the 
statutory compliance date is unaffected by this action. As a result, 
seeking public comment on this delay is unnecessary and contrary to the 
public interest. It is also impracticable given the timing of the 
Secretary's confirmation and the March 21 effective date established by 
the prior temporary postponement. 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 March 15, 2017.
John T. Lucas,
Acting General Counsel.
[FR Doc. 2017-05481 Filed 3-20-17; 8:45 am]
 BILLING CODE 6450-01-P