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Federal Register / Vol. 86, No. 20 / Tuesday, February 2, 2021 / Rules and Regulations
B. Regulatory Impact Analysis: E.O.
12866

DEPARTMENT OF ENERGY

The MSPB has determined that this is not a significant regulatory action under E.O. 12866. Therefore, no regulatory impact analysis is required.
C. Regulatory Flexibility Act The Regulatory Flexibility Act RFA
requires an agency to prepare a regulatory flexibility analysis for rules unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. The RFA applies only to rules for which an agency is required to first publish a proposed rule. See 5 U.S.C.
603a and 604a. As discussed above, the 2015 Act does not require agencies to first publish a proposed rule when adjusting CMPs within their jurisdiction. Thus, the RFA does not apply to this final rule.
D. Paperwork Reduction Act This document does not contain information collection requirements subject to the Paperwork Reduction Act of 1995, Public Law 10413 44 U.S.C.
Chapter 35.
E. Congressional Review Act Pursuant to the Congressional Review Act 5 U.S.C. 801, et seq., the Office of Information and Regulatory Affairs designated this rule as not a major rule as defined by 5 U.S.C. 8042.
List of Subjects in 5 CFR Part 1201
Administrative practice and procedure, Civil rights, Government employees.
For the reasons set forth above, 5 CFR
part 1201 is amended as follows:
PART 1201PRACTICES AND
PROCEDURES

10 CFR Part 431
EERE2017BTTP0047
RIN 1904AE18

Energy Conservation Program: Test Procedures for Small Electric Motors and Electric Motors Office of Energy Efficiency and Renewable Energy, Department of Energy.
ACTION: Final rule; delay of effective date.
AGENCY:

SUMMARY: This document delays the effective date of a recently published final rule amending the test procedures for small electric motors and electric motors. DOE also seeks comment on any further delay of the effective date, including the impacts of such delay, as well comment on the legal, factual, or policy issues raised by the rule.
DATES: The effective dates of the final rule published January 4, 2021, at 86 FR
4, and the accompanying correction published January 15, 2021, at 86 FR
3747, are delayed to March 21, 2021.
Written comments and information will be accepted on or before March 4, 2021.
FOR FURTHER INFORMATION CONTACT: Mr.
Jeremy Dommu, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Office, EE2J, 1000
Independence Avenue SW, Washington, DC 205850121. Telephone: 202 586
9870. Email:
ApplianceStandardsQuestions@
ee.doe.gov.
Mr. Michael Kido, U.S. Department of Energy, Office of the General Counsel, GC33, 1000 Independence Ave. SW, Washington, DC 205850121. Phone:
202 5868145. Email: Michael.Kido@
hq.doe.gov.

On January 20, 2021, the Assistant to the President and Chief of Staff Chief of Staff issued a memorandum outlining the Presidents plan for managing the Federal regulatory process at the outset 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 small electric motors and electric motors published in the Federal Register on January 4, 2021 86 FR 4 and an accompanying correction document published in the Federal Register on January 15, 2021 86 FR 3747. The
SUPPLEMENTARY INFORMATION:

1. The authority citation for part 1201
continues to read as follows:

Authority: 5 U.S.C. 1204, 1305, and 7701, and 38 U.S.C. 4331, unless otherwise noted.
1201.126

Amended
2. Section 1201.126 is amended in paragraph a by removing $1,112 and adding in its place $1,125.

jbell on DSKJLSW7X2PROD with RULES

Jennifer Everling, Acting Clerk of the Board.
Editorial Note: This document was received for publication by the Office of the Federal Register on January 12, 2021.
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January 4, 2021 rule amends the test procedures for measuring the energy efficiency of small electric motors and electric motors. Consistent with the memorandum, DOE is temporarily postponing the effective date of the final rule by 60 days, starting from January 20, 2021. 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 Staffs memorandum of January 20, 2021.
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.
553bA. Alternatively, DOEs 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.
553bB and 5 U.S.C. 553d3.
Pursuant to 5 U.S.C. 553bB, 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 previouslynoted 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. For these same reasons, DOE
finds good cause to waive the 30-day delay in effective date provided for in 5
U.S.C. 553d. DOE is, however, seeking comment on any further delay of the effective date, including the impacts of such delay, as well comment on the legal, factual, or policy issues raised by the rule.
Signing Authority This document of the Department of Energy was signed on January 26, 2021, by John T. Lucas, Acting General Counsel, Office of the General Counsel, pursuant to delegated authority from the Acting 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
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