82_FR_14480 82 FR 14427 - Energy Efficiency Standards for the Design and Construction of New Federal Low-Rise Residential Buildings' Baseline Standards Update

82 FR 14427 - Energy Efficiency Standards for the Design and Construction of New Federal Low-Rise Residential Buildings' Baseline Standards Update

DEPARTMENT OF ENERGY

Federal Register Volume 82, Issue 53 (March 21, 2017)

Page Range14427-14428
FR Document2017-05485

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

Federal Register, Volume 82 Issue 53 (Tuesday, March 21, 2017)
[Federal Register Volume 82, Number 53 (Tuesday, March 21, 2017)]
[Rules and Regulations]
[Pages 14427-14428]
From the Federal Register Online  [www.thefederalregister.org]
[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



                                                                Federal Register / Vol. 82, No. 53 / Tuesday, March 21, 2017 / Rules and Regulations                                               14427

                                             consideration during the original                       ACTION:  Final rule; further delay of                 opportunity for public comment,
                                             postponement of the effective date of                   effective date.                                       effective immediately upon publication
                                             the regulation establishing test                                                                              in the Federal Register, is based on the
                                             procedures for compressors. Therefore,                  SUMMARY:    This document further delays              good cause exceptions in 5 U.S.C.
                                             DOE hereby further temporarily                          the effective date of a recently published            553(b)(B) and 553(d)(3). Pursuant to 5
                                             postpones the effective date of that test               final rule amending the energy                        U.S.C. 553(b)(B), DOE has determined
                                             procedure regulation to allow the                       conservation standards for ceiling fans.              that good cause exists to forego the
                                             Secretary the opportunity to accomplish                 DATES: As of March 21, 2017, the                      requirement to provide prior notice and
                                             this task. The effective date of this test              effective date of the rule amending 10                an opportunity for public comment
                                             procedure is postponed until July 3                     CFR part 430 published in the Federal                 thereon for this rule as such procedures
                                             2017, the date on which the statute                     Register at 82 FR 6826 on January 19,                 would be impracticable, unnecessary
                                             requires compliance.                                    2017, delayed until March 21, 2017 at                 and contrary to the public interest. DOE
                                                To the extent that 5 U.S.C. 553 applies              82 FR 8806 on January 19, 2017, is                    is temporarily postponing the effective
                                             to this action, it is exempt from notice                further delayed until September 30,                   date of this regulation pursuant to the
                                             and comment because it constitutes a                    2017.                                                 previously-noted need for review by the
                                             rule of procedure under 5 U.S.C.                        FOR FURTHER INFORMATION CONTACT: Ms.                  Secretary. The January 21, 2020,
                                             553(b)(A). Alternatively, DOE’s                         Ashley Armstrong, U.S. Department of                  compliance date is unaffected by this
                                             implementation of this action without                   Energy, Office of Energy Efficiency and               action. As a result, seeking public
                                             opportunity for public comment,                         Renewable Energy, Building                            comment on this delay is unnecessary
                                             effective immediately upon publication                  Technologies Office, EE–2J, 1000                      and contrary to the public interest. It is
                                             in the Federal Register, is based on the                Independence Avenue SW.,                              also impracticable given the timing of
                                             good cause exceptions in 5 U.S.C.                       Washington, DC, 20585–0121.                           the Secretary’s confirmation and the
                                             553(b)(B) and 553(d)(3). Pursuant to 5                  Telephone: (202) 586–6590. Email:                     March 21 effective date established by
                                             U.S.C. 553(b)(B), DOE has determined                    Ashey.Armstrong@ee.doe.gov.                           the prior temporary postponement. For
                                             that good cause exists to forego the                       Elizabeth Kohl, U.S. Department of                 these same reasons DOE finds good
                                             requirement to provide prior notice and                 Energy, Office of the General Counsel,                cause to waive the 30-day delay in
                                             an opportunity for public comment                       GC–33, 1000 Independence Ave. SW.,                    effective date provided for in 5 U.S.C.
                                             thereon for this rule as such procedures                Washington, DC 20585–0121. Phone:                     553(d).
                                             would be impracticable, unnecessary                     (202) 586–7796. Email: Elizabeth.Kohl@                  Issued in Washington, DC, on March 15,
                                             and contrary to the public interest. DOE                hq.doe.gov.                                           2017.
                                             is temporarily postponing the effective                 SUPPLEMENTARY INFORMATION: On                         John T. Lucas,
                                             date of this regulation pursuant to the                 January 31, 2017, the United States                   Acting General Counsel.
                                             previously-noted need for review by the                 Department of Energy (‘‘DOE’’)                        [FR Doc. 2017–05477 Filed 3–20–17; 8:45 am]
                                             Secretary and the statutory compliance                  temporarily postponed the effective date              BILLING CODE 6450–01–P
                                             date is unaffected by this action. As a                 of its final rule amending the energy
                                             result, seeking public comment on this                  conservation standards for ceiling fans
                                             delay is unnecessary and contrary to the                published in the Federal Register on                  DEPARTMENT OF ENERGY
                                             public interest. It is also impracticable               January 19, 2017. See 82 FR 8806. The
                                             given the timing of the Secretary’s                     January 31 rule temporarily postponed                 10 CFR Part 435
                                             confirmation and the March 21 effective                 the effective date of the final rule by 60
                                             date established by the prior temporary                 days, starting from January 20, 2017.                 [Docket No. EERE–2016–BT–STD–0003]
                                             postponement. For these same reasons                    The temporary 60-day delay in effective
                                             DOE finds good cause to waive the 30-                                                                         RIN 1904–AD56
                                                                                                     date was necessary to give the newly
                                             day delay in effective date provided for                appointed Secretary of Energy                         Energy Efficiency Standards for the
                                             in 5 U.S.C. 553(d).                                     (Secretary) the opportunity for further               Design and Construction of New
                                               Issued in Washington, DC, on March 15,                review and consideration of new                       Federal Low-Rise Residential
                                             2017.                                                   regulations. However, the Secretary was               Buildings’ Baseline Standards Update
                                             John T. Lucas,                                          not confirmed and did not begin work
                                             Acting General Counsel.                                 in his position until March 3, 2017. As               AGENCY:   Office of Energy Efficiency and
                                                                                                     a result, the Secretary was unable to                 Renewable Energy, Department of
                                             [FR Doc. 2017–05479 Filed 3–20–17; 8:45 am]
                                                                                                     accomplish the review and                             Energy.
                                             BILLING CODE 6450–01–P
                                                                                                     consideration during the original                     ACTION: Final rule; further delay of
                                                                                                     postponement of the effective date of                 effective date.
                                             DEPARTMENT OF ENERGY                                    the regulation establishing energy
                                                                                                     conservation standards for ceiling fans.              SUMMARY:   This document further
                                             10 CFR Part 430                                         Therefore, DOE hereby further                         temporarily postpones the effective date
                                                                                                     temporarily postpones the effective date              of a recently published final rule
                                                                                                     of that energy conservation standards                 amending the baseline Federal building
                                             [Docket No. EERE–2012–BT–STD–0045]
                                                                                                     regulation to allow the Secretary the                 standards.
                                                                                                     opportunity to accomplish this task. The              DATES: As of March 21, 2017, the
                                             RIN 1904–AD28
                                                                                                     effective date of this test procedure is              effective date of the rule amending 10
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                                             Energy Conservation Program: Energy                     postponed until September 30, 2017.                   CFR part 435 published in the Federal
                                             Conservation Standards for Ceiling                         To the extent that 5 U.S.C. 553 applies            Register at 82 FR 2857 on January 10,
                                             Fans                                                    to this action, it is exempt from notice              2017, delayed until March 21, 2017 at
                                                                                                     and comment because it constitutes a                  82 FR 9343 on February 6, 2017, is
                                             AGENCY: Office of Energy Efficiency and                 rule of procedure under 5 U.S.C.                      further delayed until September 30,
                                             Renewable Energy, Department of                         553(b)(A). Alternatively, DOE’s                       2017. The incorporation by reference of
                                             Energy.                                                 implementation of this action without                 the publication listed in this rule is


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                                             14428              Federal Register / Vol. 82, No. 53 / Tuesday, March 21, 2017 / Rules and Regulations

                                             approved by the Director of the Federal                 would be impracticable, unnecessary                   95419), and delayed January 26, 2017
                                             Register as of September 30, 2017.                      and contrary to the public interest. DOE              (82 FR 8499), is further delayed until
                                             FOR FURTHER INFORMATION CONTACT:                        is temporarily postponing the effective               May 20, 2017.
                                             Nicolas Baker, U.S. Department of                       date of this regulation pursuant to the               FOR FURTHER INFORMATION CONTACT:
                                             Energy, Office of Energy Efficiency and                 previously-noted need for review by the               Theresa Jamerson, Office of Investment
                                             Renewable Energy, Federal Energy                        Secretary. The January 10, 2018,                      and Innovation, (202) 205–7563 or sbic@
                                             Management Program, Mailstop EE–5F,                     compliance date is unaffected by this                 sba.gov.
                                             1000 Independence Avenue SW.,                           action. As a result, seeking public                   SUPPLEMENTARY INFORMATION: The U.S.
                                             Washington, DC 20585, (202) 586–8215,                   comment on this delay is unnecessary                  Small Business Administration (SBA)
                                             email: nicolas.baker@ee.doe.gov.                        and contrary to the public interest. It is            Final Rule: Small Business Investment
                                                Kavita Vaidyanathan, U.S.                            also impracticable given the timing of                Companies: Passive Business Expansion
                                             Department of Energy, Office of the                     the Secretary’s confirmation and the                  and Technical Clarifications, 81 FR
                                             General Counsel, Forrestal Building,                    March 21 effective date established by                95419 (December 28, 2016), had an
                                             GC–33, 1000 Independence Avenue                         the prior temporary postponement. For                 effective date of January 27, 2017. The
                                             SW., Washington, DC 20585, (202) 586–                   these same reasons DOE finds good                     January effective date was delayed to
                                             0669, email: kavita.vaidyanathan@                       cause to waive the 30-day delay in                    March 21, 2017, and the comment
                                             hq.doe.gov.                                             effective date provided for in 5 U.S.C.               period was reopened until February 19,
                                             SUPPLEMENTARY INFORMATION: On                           553(d).                                               2017. 82 FR 8499 (Jan. 26, 2017). This
                                             February 6, 2017, the United States                       Issued in Washington, DC, on March 15,              new delay of effective date will provide
                                             Department of Energy (‘‘DOE’’)                          2017.                                                 60 additional days for SBA to further
                                             temporarily postponed the effective date                John T. Lucas,                                        analyze questions of fact, law, and
                                             of its final rule amending the baseline                 Acting General Counsel.                               policy related to this rulemaking, in
                                             Federal building standards published in                 [FR Doc. 2017–05485 Filed 3–20–17; 8:45 am]           accordance with OMB Memorandum
                                             the Federal Register on January 10,                     BILLING CODE 6450–01–P
                                                                                                                                                           #M–17–16, Implementation of
                                             2017. See 82 FR 9343. The January 31st                                                                        Regulatory Freeze (Jan. 24, 2017). SBA
                                             rule temporarily postponed the effective                                                                      will use the supplemental time to assess
                                             date of the final rule by 60 days, starting             SMALL BUSINESS ADMINISTRATION                         the additional comments it received
                                             from January 20, 2017. The temporary                                                                          through February 19, 2017, and will
                                             60-day delay in effective date was                      13 CFR Part 107                                       further consider the rule’s impact on the
                                             necessary to give the newly appointed                                                                         SBIC program and program participants.
                                             Secretary of Energy (Secretary) the                     RIN 3245–AG67                                         SBA will also use the supplemental
                                             opportunity for further review and                                                                            time to make necessary determinations
                                                                                                     Small Business Investment
                                             consideration of new regulations.                                                                             regarding the effects of the final rule on
                                                                                                     Companies: Passive Business
                                             However, the Secretary was not                                                                                the examining and liquidation functions
                                                                                                     Expansion and Technical Clarifications
                                             confirmed and did not begin work in his                                                                       of the SBA’s Office of Investment and
                                             position until March 3, 2017. As a                      AGENCY:  U.S. Small Business                          Innovation.
                                             result, the Secretary was unable to                     Administration.                                          SBA is considering revising the
                                             accomplish the review and                               ACTION: Final rule; delay of effective                regulations for the Small Business
                                             consideration during the original                       date.                                                 Investment Company (SBIC) program to
                                             postponement of the effective date of                                                                         expand permitted investments in
                                             the regulation establishing the baseline                SUMMARY:    On December 28, 2016, the                 passive businesses and provide further
                                             Federal building standards. Therefore,                  Small Business Administration (SBA)                   clarification with regard to investments
                                             DOE hereby further temporarily                          published a final rule to expand                      in such businesses. SBICs are generally
                                             postpones the effective date of that                    permitted investments in passive                      prohibited from investing in passive
                                             baseline Federal building standards                     businesses and provide further                        businesses under the Small Business
                                             regulation to allow the Secretary the                   clarification with regard to investments              Investment Act of 1958, as amended
                                             opportunity to accomplish this task. The                in such businesses for the Small                      (Act). SBIC program regulations provide
                                             effective date of this regulation is                    Business Investment Company (SBIC)                    for two exceptions that allow an SBIC to
                                             postponed until September 30, 2017.                     Program, with an effective date of                    structure an investment utilizing a
                                             This will not change the statutory                      January 27, 2017. On January 26, 2017,                passive small business as a pass-
                                             compliance date, which will remain on                   SBA published a delay of effective date               through. The first exception provides
                                             January 10, 2018.                                       until March 21, 2017 and re-opened the                conditions under which an SBIC may
                                                To the extent that 5 U.S.C. 553 applies              rule for additional public comment in                 structure an investment through up to
                                             to this action, it is exempt from notice                response to the memorandum dated                      two levels of passive entities to make an
                                             and comment because it constitutes a                    January 20, 2017 from the Assistant to                investment in a non-passive business
                                             rule of procedure under 5 U.S.C.                        the President and Chief of Staff, entitled            that is a subsidiary of the passive
                                             553(b)(A). Alternatively, DOE’s                         ‘‘Regulatory Freeze Pending Review.’’                 business directly financed by the SBIC.
                                             implementation of this action without                   SBA requires additional time to                       The second exception, prior to this final
                                             opportunity for public comment,                         consider this final rule and determine                rule, enabled a partnership SBIC, with
                                             effective immediately upon publication                  whether any further changes are                       SBA’s prior approval, to provide
                                             in the Federal Register, is based on the                required; therefore, the effective date for           financing to a small business through a
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                                             good cause exceptions in 5 U.S.C.                       this final rule is delayed until May 20,              passive, wholly-owned C corporation
                                             553(b)(B) and 553(d)(3). Pursuant to 5                  2017. Any changes to the final rule                   (commonly known as a blocker
                                             U.S.C. 553(b)(B), DOE has determined                    based on this redetermination will be                 corporation), but only if a direct
                                             that good cause exists to forego the                    published in the Federal Register.                    financing would cause the SBIC’s
                                             requirement to provide prior notice and                 DATES: As of March 21, 2017, the                      investors to incur Unrelated Business
                                             an opportunity for public comment                       effective date of the SBA final rule                  Taxable Income (UBTI). This final rule
                                             thereon for this rule as such procedures                published December 28, 2016 (81 FR                    clarifies several aspects of the first


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Document Created: 2017-03-21 01:09:34
Document Modified: 2017-03-21 01:09:34
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule; further delay of effective date.
DatesAs 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 approved by the Director of the Federal Register as of September 30, 2017.
ContactNicolas 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]
FR Citation82 FR 14427 
RIN Number1904-AD56

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