[Federal Register Volume 82, Number 53 (Tuesday, March 21, 2017)]
[Rules and Regulations]
[Pages 14427-14428]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05485]


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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; further delay of effective date.

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SUMMARY: This document further temporarily postpones the effective date 
of a recently published final rule amending the baseline Federal 
building standards.

DATES: As of March 21, 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, delayed until March 21, 2017 at 82 FR 9343 on February 6, 
2017, is further delayed until September 30, 2017. The incorporation by 
reference of the publication listed in this rule is

[[Page 14428]]

approved by the Director of the Federal Register as of September 30, 
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 February 6, 2017, the United States 
Department of Energy (``DOE'') temporarily postponed 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 9343. 
The January 31st rule temporarily postponed the effective date of the 
final rule by 60 days, starting from January 20, 2017. The temporary 
60-day delay in effective date was necessary to give the newly 
appointed Secretary of Energy (Secretary) the opportunity for further 
review and consideration of new regulations. However, the Secretary was 
not confirmed and did not begin work in his position until March 3, 
2017. As a result, the Secretary was unable to accomplish the review 
and consideration during the original postponement of the effective 
date of the regulation establishing the baseline Federal building 
standards. Therefore, DOE hereby further temporarily postpones the 
effective date of that baseline Federal building standards regulation 
to allow the Secretary the opportunity to accomplish this task. The 
effective date of this regulation is postponed until September 30, 
2017. This will not change the statutory compliance date, which will 
remain on January 10, 2018.
    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 the effective date of this regulation pursuant 
to the previously-noted need for review by the Secretary. The January 
10, 2018, compliance date is unaffected by this action. As a result, 
seeking public comment on this delay is unnecessary and contrary to the 
public interest. It is also impracticable given the timing of the 
Secretary's confirmation and the March 21 effective date established by 
the prior temporary postponement. 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 March 15, 2017.
John T. Lucas,
Acting General Counsel.
[FR Doc. 2017-05485 Filed 3-20-17; 8:45 am]
 BILLING CODE 6450-01-P