[Federal Register Volume 82, Number 53 (Tuesday, March 21, 2017)]
[Rules and Regulations]
[Page 14426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05483]



[[Page 14426]]

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DEPARTMENT OF ENERGY

10 CFR Parts 429 and 431

[Docket No. EERE-2014-BT-TP-0054]
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; 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 walk-in cooler and freezer components.

DATES: As of March 21, 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, delayed until March 21, 2017 at 82 FR 8805 on 
January 31, 2017, is further delayed until June 26, 2017. The 
incorporation by reference of the publication listed in this rule is 
approved by the Director of the Federal Register as of June 26, 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].
    Mr. 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 31, 2017, the United States 
Department of Energy (``DOE'') temporarily postponed the effective date 
of its final rule amending the test procedure for certain walk-in 
cooler and walk-in freezer (collectively, ``walk-in'' or ``WICF'') 
components published in the Federal Register on December 28, 2016. See 
82 FR 8805. The January 31 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 amending the test 
procedure for certain walk-in components. 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 June 
26, 2017, the date on which the statute requires compliance with that 
procedure. See 42 U.S.C. 6314(d) (requiring use of applicable test 
procedure starting 180 days after being prescribed) and 81 FR 95758 
(requiring use of the prescribed procedure starting on June 26, 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 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. 2017-05483 Filed 3-20-17; 8:45 am]
 BILLING CODE 6450-01-P