[Federal Register Volume 88, Number 77 (Friday, April 21, 2023)]
[Rules and Regulations]
[Page 24471]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08483]



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 Rules and Regulations
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  Federal Register / Vol. 88, No. 77 / Friday, April 21, 2023 / Rules 
and Regulations  

[[Page 24471]]



DEPARTMENT OF ENERGY

10 CFR Parts 429 and 431

[EERE-2020-BT-TP-0032]
RIN 1904-AE53


Energy Conservation Program: Test Procedure for Commercial and 
Industrial Pumps; Correction

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

ACTION: Final rule; correction.

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

SUMMARY: The U.S. Department of Energy (``DOE'') is correcting a final 
rule that appeared in the Federal Register on March 24, 2023. That 
document amended test procedures for commercial and industrial pumps. 
This document corrects a numbering and amendatory error in that final 
rule.

DATES: Effective April 24, 2023.

FOR FURTHER INFORMATION CONTACT: 
    Mr. Jeremy Dommu, 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) 586-9870. Email: [email protected].
    Mr. Nolan Brickwood, U.S. Department of Energy, Office of the 
General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 
20585-0121. Telephone: (202) 586-9870. Email: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    DOE published a final rule in the Federal Register on March 24, 
2023 (March 2023 final rule), amending the test procedure for 
commercial and industrial pumps. 88 FR 17934. This correction addresses 
numbering errors in that final rule.
    The amendatory instructions in the March 2023 final rule amended 
Sec.  431.463 by revising the materials incorporated by reference. The 
final rule erroneously used duplicative numbering in this section by 
adding two paragraphs numbered as (g)(3). Further, the amendatory 
instructions for appendix A to subpart Y of part 431 omitted adding new 
paragraph E.1.2.1.2.3 to Section III and the amendatory instructions 
for Sec.  429.59 omitted adding paragraph (a)(2)(iv).

II. Need for Correction

    As published, the regulatory text in the March 2023 final rule may 
result in confusion due to incorrect section references and missing 
amendatory instructions. Because this final rule would simply correct 
errors in the text without making substantive changes in the March 2023 
final rule, the changes addressed in this document are technical in 
nature.

III. Procedural Issues and Regulatory Review

    DOE has concluded that the determinations made pursuant to the 
various procedural requirements applicable to the March 2023 final rule 
remain unchanged for this final rule technical correction. These 
determinations are set forth in the March 2023 final rule. 88 FR 17968-
17972.
    Pursuant to the Administrative Procedure Act, 5 U.S.C. 553(b), DOE 
determines that notice and prior opportunity for comment on this rule 
are unnecessary and contrary to the public interest. Neither the errors 
nor the corrections in this document affect the substance of the March 
2023 final rule or any of the conclusions reached in support of the 
final rule. For these reasons, DOE also determines that there is good 
cause to waive the 30-day delay in effective date in 5 U.S.C. 553(d).

Signing Authority

    This document of the Department of Energy was signed on April 18, 
2023, by Francisco Alejandro Moreno, Acting Assistant Secretary for 
Energy Efficiency and Renewable Energy, pursuant to delegated authority 
from the Secretary of Energy. That document with the original signature 
and date is maintained by DOE. For administrative purposes only, and in 
compliance with requirements of the Office of the Federal Register, the 
undersigned DOE Federal Register Liaison Officer has been authorized to 
sign and submit the document in electronic format for publication, as 
an official document of the Department of Energy. This administrative 
process in no way alters the legal effect of this document upon 
publication in the Federal Register.

Correction

    In FR Doc. 2023-05635, appearing on page 17934 in the Federal 
Register of Wednesday, March 24, 2023, the following corrections are 
made:


Sec.  429.59   [Corrected]

0
1. On page 17973, in the first column, revise amendatory instruction 
2.c to read ``Adding new paragraphs (a)(2)(iv) and (a)(3).;''


Sec.  431.463   [Corrected]

0
2. On page 17978, in the first column, redesignate the second instance 
of paragraph (g)(3) as (g)(4).


Sec.  431.464   [Corrected]

0
3. On page 17978, in the third column, revise amendatory instruction 
8.d to read ``In section III, revising paragraphs A through D, 
E.1.2.1.2, E.1.2.1.2.1., E.1.2.1.2.2, and E.1.2.1.2.3.;''

    Signed in Washington, DC, on April 18, 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2023-08483 Filed 4-20-23; 8:45 am]
BILLING CODE 6450-01-P