[Federal Register Volume 82, Number 23 (Monday, February 6, 2017)]
[Rules and Regulations]
[Page 9343]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02403]



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 Rules and Regulations
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  Federal Register / Vol. 82, No. 23 / Monday, February 6, 2017 / Rules 
and Regulations  

[[Page 9343]]



DEPARTMENT OF ENERGY

10 CFR Part 435

[Docket No. EERE-2016-BT-STD-0003]
RIN 1904-AD56


Energy Efficiency Standards for the Design and Construction of 
New Federal Low-Rise Residential Buildings' Baseline Standards Update

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

ACTION: Final rule; delay of effective date.

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SUMMARY: This document temporarily postpones the effective date of a 
recently published final rule updating the baseline Federal residential 
standard to the International Code Council (ICC) 2015 International 
Energy Conservation Code (IECC).

DATES: Effective February 6, 2017, the effective date of the rule 
amending 10 CFR part 435 published in the Federal Register at 82 FR 
2857 on January 10, 2017, is delayed until March 21, 2017. The 
incorporation by reference of the publication listed in this rule is 
approved by the Director of the Federal Register as of March 21, 2017.

FOR FURTHER INFORMATION CONTACT: 
Nicolas Baker, U.S. Department of Energy, Office of Energy Efficiency 
and Renewable Energy, Federal Energy Management Program, Mailstop EE-
5F, 1000 Independence Avenue SW., Washington, DC 20585, (202) 586-8215, 
email: [email protected].
Kavita Vaidyanathan, U.S. Department of Energy, Office of the General 
Counsel, Forrestal Building, GC-33, 1000 Independence Avenue SW., 
Washington, DC 20585, (202) 586-0669, email: 
[email protected].

SUPPLEMENTARY INFORMATION: On January 20, 2017, the Assistant to the 
President and Chief of Staff (``Chief of Staff'') issued a memorandum, 
published in the Federal Register on January 24, 2017 (82 FR 8346), 
outlining the President's 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 baseline Federal building 
standards published in the Federal Register on January 10, 2017. See 82 
FR 2857. The January 10th rule amends the baseline Federal building 
standard for 10 CFR part 435 from the 2009 International Energy 
Conservation Code (IECC) to the 2015 IECC. Consistent with the 
memorandum, DOE is temporarily postponing the effective date of the 
final rule by 60 days, starting from January 20, 2017. 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 Staff's memorandum of January 20, 2017.
    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 for 60 days the effective date of this 
regulation pursuant to the previously-noted 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. 553(d).

    Issued in Washington, DC, on January 31, 2017.
John T. Lucas,
Acting General Counsel.
[FR Doc. 2017-02403 Filed 2-3-17; 8:45 am]
 BILLING CODE 6450-01-P