Proposed Rule2024-03876
Clean Energy for New Federal Buildings and Major Renovations of Federal Buildings; Correction
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 26, 2024
Effective
February 26, 2024
Issuing agencies
Energy Department
Abstract
On December 21, 2022, the U.S. Department of Energy ("DOE") published a supplemental notice of proposed rulemaking that proposed energy performance standards for certain new Federal buildings and Federal buildings undergoing major renovations. This document corrects errors in the proposed regulatory text published with the supplemental notice of proposed rulemaking. These errors do not affect the substance of the rulemaking or any conclusions reached in support of the proposed rule.
Full Text
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<title>Federal Register, Volume 89 Issue 38 (Monday, February 26, 2024)</title>
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[Federal Register Volume 89, Number 38 (Monday, February 26, 2024)]
[Proposed Rules]
[Pages 13999-14000]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-03876]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 89, No. 38 / Monday, February 26, 2024 /
Proposed Rules
[[Page 13999]]
DEPARTMENT OF ENERGY
10 CFR Parts 433 and 435
[EERE-2010-BT-STD-0031]
RIN 1904-AB96
Clean Energy for New Federal Buildings and Major Renovations of
Federal Buildings; Correction
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Supplemental notice of proposed rulemaking; correction.
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SUMMARY: On December 21, 2022, the U.S. Department of Energy (``DOE'')
published a supplemental notice of proposed rulemaking that proposed
energy performance standards for certain new Federal buildings and
Federal buildings undergoing major renovations. This document corrects
errors in the proposed regulatory text published with the supplemental
notice of proposed rulemaking. These errors do not affect the substance
of the rulemaking or any conclusions reached in support of the proposed
rule.
DATES: Effective February 26, 2024.
FOR FURTHER INFORMATION CONTACT:
Mr. Rick Mears, U.S. Department of Energy, Office of the Under
Secretary for Infrastructure, Federal Energy Management Program, FEMP-
1, 1000 Independence Avenue SW, Washington, DC 20585-0121. Email: <a href="/cdn-cgi/l/email-protection#cfacaabde2a6a1a9a0bda2aebba6a0a18fa7bee1aba0aae1a8a0b9"><span class="__cf_email__" data-cfemail="701315025d191e161f021d1104191f1e3018015e141f155e171f06">[email protected]</span></a>.
Ms. Laura Zuber, U.S. Department of Energy, Office of the General
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0121.
Telephone: (240) 306-7651. Email: <a href="/cdn-cgi/l/email-protection#b7dbd6c2c5d699cdc2d5d2c5f7dfc699d3d8d299d0d8c1"><span class="__cf_email__" data-cfemail="513d302423307f2b243334231139207f353e347f363e27">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
On December 21, 2022, DOE published a supplemental notice of
proposed rulemaking (2022 SNOPR) that proposed energy performance
standards for certain new Federal buildings and Federal buildings
undergoing major renovations. The 2022 SNOPR proposed revisions to the
energy performance standards at title 10 of the Code of Federal
Regulations (``CFR'') parts 433 and 435. 87 FR 78382. Since publication
of the 2022 SNOPR, DOE has identified printing errors in the regulatory
text proposed by the 2022 SNOPR. DOE is issuing this correction to
address certain errors in the 2022 SNOPR, specifically in 10 CFR
433.200 and 10 CFR 435.1. The corrections are described in the
following paragraphs.
In the 2022 SNOPR, DOE proposed a compliance date of one year after
the publication of the final rule. The proposed revisions to 10 CFR
433.1 reflect this proposed compliance date. However, the proposed
revisions to 10 CFR 433.200(a) do not reflect this proposed compliance
date. Instead, proposed 10 CFR 433.200(a) includes a compliance date of
December 21, 2023, which was one year after the 2022 SNOPR was
published in the Federal Register. Similarly, proposed 10 CFR
433.200(b) and 10 CFR 435.1 also reference a compliance date of
December 21, 2023. 87 FR 78328, 78421 and 78430. These references to
December 21, 2023, in proposed 10 CFR 433.200(a), 433.200(b), and 435.1
should have referenced a compliance date of ``[Date one year after date
of publication in the Federal Register].'' This document corrects these
printing errors and clarifies the intended proposed compliance dates.
II. Need for Correction
As published, the proposed regulatory text in the 2022 SNOPR may
lead to confusion on the application of the energy performance
standards proposed in the 2022 SNOPR. Because this document would
simply correct printing errors in the proposed regulatory text without
making substantive changes to energy performance standards proposed in
the 2022 SNOPR, the changes addressed in this document are technical in
nature.
III. Procedural Issues and Regulatory Review
DOE has concluded that the determinations made pursuant to the
various procedural requirements applicable to the 2022 SNOPR remain
unchanged for these technical corrections to the proposed regulatory
text. These determinations are set forth in the 2022 SNOPR. 87 FR
78328, 78412-78420.
Pursuant to the Administrative Procedure Act, 5 U.S.C. 553(b), DOE
finds that there is good cause to not issue a separate notice to
solicit public comment on the technical corrections contained in this
document. Issuing a separate notice to solicit public comment would be
impracticable, unnecessary, and contrary to the public interest. As
explained previously, the corrections in this document do not affect
the substance of or any of the conclusions reached in support of the
2022 SNOPR. Additionally, given the 2022 SNOPR is a product of an
extensive administrative record with numerous opportunities for public
comment, DOE finds additional comment on the technical corrections is
unnecessary. Therefore, providing prior notice and an opportunity for
public comment on correcting objective errors that do not change the
substance of the proposed energy performance standards serve no useful
purpose.
Correction
In the Federal Register of December 21, 2022 (87 FR 78382) in FR
Doc. 2022-27098, the following corrections are made:
Sec. 433.200 [Amended]
0
1. On page 78421, third column, in Sec. 433.200, paragraphs (a)(1) and
(b)(1), remove the words ``December 21, 2023'' and add in their place
the words ``[Date one year after date of publication in the Federal
Register]''.
Sec. 435.1 [Amended]
0
2. One page 78430, first column, in Sec. 435.1 in paragraph (b),
remove the words ``December 21, 2023'' and add, in their place the
words ``[Date one year after date of publication in the Federal
Register]''.
Signing Authority
This document of the Department of Energy was signed on February
21, 2024, by Mary Sotos, the Director of the Federal Energy Management
Program, pursuant to delegated authority from the Secretary of Energy.
That document with the original signature and date is maintained by
DOE. For administrative purposes only, and in compliance with
requirements of the Office of the Federal Register, the undersigned DOE
Federal Register Liaison Officer has been
[[Page 14000]]
authorized to sign and submit the document in electronic format for
publication, as an official document of the Department of Energy. This
administrative process in no way alters the legal effect of this
document upon publication in the Federal Register.
Signed in Washington, DC, on February 21, 2024.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2024-03876 Filed 2-23-24; 8:45 am]
BILLING CODE 6450-01-P
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