Administrative Stay Concerning Test Procedure For Central Air Conditioners And Heat Pumps

Under the Administrative Procedure Act (5 U.S.C. 705), “[w]hen an agency finds that justice so requires, it may postpone the effective date of action taken by it, pending judicial review.”  Under this authority, the Department of Energy (DOE) postponed the effective date of certain provisions of a final rule, published in the Federal Register on January 5, 2017, that amends the test procedure and specific certification, compliance, and enforcement provisions for central air conditioners and heat pumps during the pendency of a lawsuit challenging those provisions.  On August 2, 2018, DOE issued a "Withdrawal of Administrative Stay."