Important Updates on Federal Regulation Delays
Jan. 27, 2017
By Chuck White, VP of Regulatory Affairs
As a result of a “Regulatory Freeze Pending Review” outlined in a Jan. 20 memorandum issued by the White House Chief of Staff, several regulations affecting PHCC members may be delayed. Here are the latest developments:
Test Procedure Final Rule Affecting Central Air Conditioners and Heat Pumps
The Dept. of Energy temporarily postponed the effective date of its final rule amending the test procedure for central air conditioners and heat pumps published in the Federal Register on Jan. 5, 2017. (See 82 FR 1426.) Consistent with the memorandum, DOE is temporarily postponing the effective date of the final rule by 60 days, starting from Jan. 20, 2017. The temporary 60-day delay in effective date, which will end on March 21, 2017, is necessary to give DOE officials the opportunity for further review and consideration of new regulations, consistent with the Chief of Staff’s memorandum of Jan. 20, 2017.
Commercial Walk-in Coolers and Freezers
The Dept. of Energy has issued an extension to the implementation date for amended test procedures of commercial walk-in coolers and freezers. This extension is a direct response to the White House memorandum to all Executive Departments and Agencies effectively freezing the regulatory pipeline. Delays to other regulations are expected. Evaluation of recent regulations could result in cost savings to manufacturers, contractors and ultimately consumers.
Regulatory Freeze Pending Review
These actions comes on the heels of recent actions from the White House Chief of Staff in issuing a "Regulatory Freeze Pending Review" to allow new Presidential appointees an opportunity to review regulations that may be at many stages of development. Regulations that are for emergency situations or other urgent circumstances relating to health, safety, financial, or national security matters, are exempt from the memorandum. Some key requests to departments and agencies are:
- Not to send for publication regulations to the Federal Register which have not been reviewed and approved by a Presidentially-appointed department or agency head, appointed after noon on Jan. 20, 2017.
- Regulations received but not yet published by the Federal Register, are to be immediately withdrawn excepted as described above and consistent with Federal Register procedures.
- Regulations not yet in effect but have been published in the Federal Register are to have a temporary
60-day extension to their effective date to allow reviewing questions of fact, law, and policy.
To read the White House memorandum click here.
This proposal will allow time for additional review of the many fast-moving regulations from agencies such as the Dept. of Energy, Dept. of Labor, and the EPA. Industry may have an opportunity to re-engage in these rulemakings helping to bring practical knowledge to their creation.