2017-05481. Energy Conservation Program: Test Procedures for Central Air Conditioners and Heat Pumps  

  • Start Preamble

    AGENCY:

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

    ACTION:

    Final rule; further delay of effective date.

    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.

    Start Further Info

    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: Ashey.Armstrong@ee.doe.gov.

    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: Johanna.Jochum@hq.doe.gov.

    End Further Info End Preamble Start Supplemental Information

    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).

    Start Signature

    Issued in Washington, DC, on March 15, 2017.

    John T. Lucas,

    Acting General Counsel.

    End Signature End Supplemental Information

    [FR Doc. 2017-05481 Filed 3-20-17; 8:45 am]

    BILLING CODE 6450-01-P

Document Information

Effective Date:
7/3/2017
Published:
03/21/2017
Department:
Energy Department
Entry Type:
Rule
Action:
Final rule; further delay of effective date.
Document Number:
2017-05481
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.
Pages:
14425-14425 (1 pages)
Docket Numbers:
Docket No. EERE-2016-BT-TP-0029
RINs:
1904-AD71: Energy Conservation Program: Test Procedures for Central Air Conditioners and Heat Pumps
RIN Links:
https://www.federalregister.gov/regulations/1904-AD71/energy-conservation-program-test-procedures-for-central-air-conditioners-and-heat-pumps
PDF File:
2017-05481.pdf
Supporting Documents:
» 2017-07-12 Energy Conservation Program: Test Procedures for Central Air Conditioners and Heat Pumps; Notification of administrative stay
» 2017-06-28 Comments in response to Johnson Control Inc. May 22, 2017 letter (see EERE-2016-BT-TP-0029-0069)
» 2017-05-22 Letter to Acting Assistant Secretary Simmons regarding R-407C testing requirements
» 2017-03-23 Letter to Secretary Perry explaining the position AHRI takes on the Final ACTP Rule
» 2017-03-15 Letter to Secretary Perry from members of Congress encouraging DOE to delay enforcement and reverse the final rule
» Refrigerant Charge Additions during DOE Testing
» NEEP Cold Climate Air Source Heat Pump Web Page
» 2014-08-25 DOE Early Use FAQ
» Furnace Fan ESP Study Citations
» U. S. Environmental Protection Agency (EPA) Significant New Alternatives Policy (SNAP) Program Webpage: Acceptable Substitutes in Residential and Light Commercial Air Conditioning and Heat Pumps
CFR: (2)
10 CFR 429
10 CFR 430