[Federal Register Volume 78, Number 108 (Wednesday, June 5, 2013)]
[Notices]
[Pages 33838-33839]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-13308]


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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Docket No. EERE-2012-BT-BC-0030]


DOE Participation in Development of the International Energy 
Conservation Code

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

ACTION: Notice and request for comment.

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SUMMARY: The U.S. Department of Energy (DOE) participates in the 
process administered by the International Code Council (ICC) to develop 
the International Energy Conservation Code (IECC). DOE's participation 
in this process was outlined in a previous Federal Register notice 
published on April 19, 2013. As a participant in the IECC development 
process, DOE intends to submit public comments on actions taken on 
DOE's code change proposals and technical analysis at the ICC Committee 
Action Hearings held in Dallas, Texas in April 2013. DOE is requesting 
stakeholder feedback on its draft public comments prior to submission 
to the ICC. This notice outlines the process by which DOE will seek 
stakeholder feedback and submit public comments to the ICC.

DATES: Comments on DOE's draft public comments to the ICC must be 
provided by June 30, 2013.

ADDRESSES: You may submit comments, identified by any of the following 
methods:
     Email: [email protected]. Include 
``IECC public comment'' in the subject line of the message.
     Postal Mail: Mr. Jeremiah Williams, U.S. Department of 
Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies Office, Mailstop EE-2J, 1000 Independence Avenue SW., 
Washington, DC 20585-0121, Please submit one signed paper original.
     Hand Delivery/Courier: Mr. Jeremiah Williams, U.S. 
Department of Energy, Office of Energy Efficiency and Renewable Energy, 
950 L'Enfant Building, Room 6052, 950 L'Enfant Plaza, Washington, DC 
20024
     Instructions: All submissions must include the agency 
name, Department of Energy, and ``IECC public comments'' for these 
draft public comments.

FOR FURTHER INFORMATION CONTACT: Jeremiah Williams, U.S. Department of 
Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies Office, Mailstop EE-2J, 1000 Independence Avenue SW., 
Washington, DC 20585-0121, Telephone: (202) 287-1941, Email: 
[email protected].
    For legal issues contact Kavita Vaidyanathan, U.S. Department of 
Energy, Office of the General Counsel, Forrestal Building, Mailstop GC-
71, 1000 Independence Ave. SW., Washington, DC 20585, Telephone: (202) 
586-0669, Email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    The U.S. Department of Energy (DOE) supports the International 
Energy Conservation Code (IECC) by participating in the code 
development administered by the International Code Council (ICC). DOE's 
participation in this process was outlined in a previous Federal 
Register notice published on April 19, 2013 (78 FR 23550). As a 
participant in the IECC development process, DOE submitted code change 
proposals for the IECC, and recently defended its proposals at the 
April 2013 ICC Committee Action Hearings (results are available at 
http://www.iccsafe.org/cs/codes/Pages/Dallas-B-Results.aspx). The next 
step in the current IECC development cycle is for participants to 
submit public comments on actions taken at the recent ICC Committee 
Action Hearings in anticipation of the ICC Public Comment Hearings to 
be held in October 2013.

A. Statutory Requirements

    Title III of the Energy Conservation and Production Act, as amended 
(ECPA), establishes requirements related to energy conservation 
standards for new buildings (42 U.S.C. 6831-6837). Section 307(b) of 
ECPA directs DOE to support voluntary building energy codes by 
periodically reviewing the technical and economic basis of the 
voluntary building codes, recommending amendments to such codes, 
seeking adoption of all technologically feasible and economically 
justified energy efficiency measures, and otherwise participate in any 
industry process for review and modification of such codes (42 U.S.C. 
6836(b)).

B. Background

    The IECC serves as a model building energy code and is adopted by 
many U.S. states, territories, the District of Columbia, and localities 
across the nation. Development of the IECC is administered by the ICC, 
with revisions taking place every three years under the ICC 
governmental consensus process. Any party can propose changes to the 
IECC with proposed code changes subject to the bylaws, policies and 
procedures as defined by the ICC. Code change proposals are discussed 
and voted on at the ICC Committee Action Hearings. The next step in the 
IECC development cycle is for stakeholders to submit public comments on 
actions taken at the recent ICC Committee Action Hearings in 
anticipation of the ICC Public Comment Hearings.
    ICC's code development process is described at http://www.iccsafe.org/cs/codes/pages/default.aspx.

II. DOE Public Comments for the IECC

    Code change proposals for the IECC were heard at the ICC Committee 
Action Hearings conducted April 21-30, 2013 in Dallas, Texas. 
Continuing its participation in the IECC development process, DOE has 
drafted public comments on its code change proposals

[[Page 33839]]

and technical analysis for submission to the ICC. DOE is requesting 
stakeholder feedback on its draft public comments prior to submission 
to the ICC. The process by which DOE developed its draft public 
comments, as well as instructions for how to submit feedback, is 
described in the following sections.

DOE Development of Public Comments

    Based on actions taken at the ICC Committee Action Hearings, DOE 
has identified actions where DOE believes a committee action should be 
reconsidered for its code change proposals and technical analysis, and 
drafted associated comments. DOE comments are currently available for 
public review at http://www.energycodes.gov/development. DOE will not 
provide responses to individual comments, but will consider any and all 
comments timely submitted in developing final public comments prior to 
submission to the ICC. Stakeholder feedback received will be available 
at http://www.regulations.gov/#!docketDetail;D=EERE-2012-BT-BC-0030. 
DOE will submit final public comments to ICC on or before the ICC July 
15, 2013 deadline.

DOE's Participation at the IECC Public Comment Hearings

    At ICC hearings, DOE communicates its position on code change 
proposals and associated public comments as follows: DOE will defend 
its proposals and public comments. While DOE cannot enter into joint 
code change proposals or public comments (outside of proposals or 
public comments submitted jointly with another federal agency), DOE 
intends to support efficiency concepts from the perspective of its own 
analysis. DOE may also recognize a code change proposal or public 
comment to the extent that the code change proposal or provisions 
within the proposal are the same as a DOE code change proposal or 
provisions within a DOE code change proposal. Again, however, such an 
indication would not constitute an endorsement of a proposal or 
associated public comment.

Ex Parte Communications

    DOE anticipates that it or its contractors may be contacted 
regarding its code change proposals and associated public comments 
prior to or during the IECC Public Comment Hearings. While DOE code 
change proposals and public comments for the IECC are not regulations, 
DOE will follow ex parte communication policy for such communications. 
Guidance on ex parte communications was published on January 21, 2009 
(74 FR 4685) and can be found at http://energy.gov/gc/downloads/guidance-ex-parte-communications. Note that such communications will be 
reflected in the public docket consistent with the ex parte guidance.
    DOE maintains an organizational membership with the ICC. As an ICC 
governmental member, DOE will exercise voting privileges as defined by 
the guiding ICC rules and procedures.

III. Public Participation in the Development of DOE Public Comments

    The public is invited to submit comments on DOE's draft public 
comments. Comments must be provided by the date specified in the DATES 
section of this notice using any of the methods described in the 
ADDRESSES section of this notice. If you submit information that you 
believe to be exempt by law from public disclosure, you should submit 
one complete copy, as well as one copy from which the information 
claimed to be exempt by law from public disclosure has been deleted. 
DOE is responsible for the final determination with regard to 
disclosure or nondisclosure of the information and for treating it 
accordingly under the DOE Freedom of Information regulations at 10 CFR 
1004.11.

    Issued in Washington, DC, on May 30, 2013.
Roland Risser,
Director, Building Technologies Office, Energy Efficiency and Renewable 
Energy.
[FR Doc. 2013-13308 Filed 6-4-13; 8:45 am]
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