Rule2024-05762
Energy Savings Performance Contract Procedures and Methods Technical Amendment
Primary source
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Published
March 19, 2024
Effective
March 19, 2024
Issuing agencies
Energy Department
Abstract
The U.S. Department of Energy (DOE) is publishing this technical amendment to remove a regulatory provision specifying that the energy savings performance contract (ESPC) regulations apply only to ESPCs awarded on or before September 30, 2003. DOE's technical amendment to remove the regulatory sunset date will make the regulations consistent with the statutory authority.
Full Text
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<title>Federal Register, Volume 89 Issue 54 (Tuesday, March 19, 2024)</title>
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[Federal Register Volume 89, Number 54 (Tuesday, March 19, 2024)]
[Rules and Regulations]
[Pages 19500-19501]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-05762]
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DEPARTMENT OF ENERGY
10 CFR Part 436
RIN 1901-AB63
Energy Savings Performance Contract Procedures and Methods
Technical Amendment
AGENCY: Federal Energy Management Program, Department of Energy.
ACTION: Final rule; technical amendment.
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SUMMARY: The U.S. Department of Energy (DOE) is publishing this
technical amendment to remove a regulatory provision specifying that
the energy savings performance contract (ESPC) regulations apply only
to ESPCs awarded on or before September 30, 2003. DOE's technical
amendment to remove the regulatory sunset date will make the
regulations consistent with the statutory authority.
DATES: The effective date of this technical amendment is March 19,
2024.
FOR FURTHER INFORMATION CONTACT:
Mr. Ira Birnbaum, U.S. Department of Energy, Office of
Infrastructure, Federal Energy Management Program (FEMP-1), 1000
Independence Avenue SW, Washington, DC 20585-0121. Telephone: (202)
304-4940. <a href="/cdn-cgi/l/email-protection#b7fec5d699f5dec5d9d5d6c2daf7dfc699d3d8d299d0d8c1"><span class="__cf_email__" data-cfemail="3e774c5f107c574c505c5f4b537e564f105a515b10595148">[email protected]</span></a>.
Ms. Ani Esenyan, U.S. Department of Energy, Office of the General
Counsel, Forrestal Building (GC-33), 1000 Independence Avenue SW,
Washington, DC 20585. Telephone: (240) 961-7713. Email:
<a href="/cdn-cgi/l/email-protection#abcac5c285ced8cec5d2cac5ebc3da85cfc4ce85ccc4dd"><span class="__cf_email__" data-cfemail="58393631763d2b3d36213936183029763c373d763f372e">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
Section 155(a) of the Energy Policy Act of 1992 (EPAct 1992, Pub.
L. 102-486) directed DOE, with the concurrence of the Federal
Acquisition Regulatory Council, to ``establish procedures and methods
for use by Federal agencies to select, monitor, and terminate contracts
with energy service contractors.'' On April 10, 1995, DOE published a
final rule implementing the current ESPC regulations (the 1995 Final
Rule) (60 FR 18326), which included the sunset date originally in
section 155 of the Energy Policy Act of 1992 (Pub. L. 102-486).
Specifically, section 155(c)(1) of EPAct 1992 provided, ``The authority
to enter into new contracts under this section shall cease to be
effective five years after the date procedures and methods are
established. . .''. The statutory sunset date was subsequently extended
several times \1\ until the ESPC statutory authority was permanently
reauthorized by section 514 of the Energy Independence and Security Act
of 2007 (Pub. L. 110-140), which removed the sunset language from 42
U.S.C. 8287.
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\1\ Energy Conservation Reauthorization Act of 1998 (Pub. L.
105-388); Ronald W. Reagan National Defense Authorization Act for
Fiscal Year 2005 (Pub. L. 108-375); Energy Policy Act of 2005 (Pub.
L. 109-58).
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In this rule, DOE is removing from 10 CFR 436.30(a) the provision
specifying that subpart B applies only to ESPCs awarded on or before
September 30, 2003. DOE's removal of the regulatory sunset date will
make the regulations consistent with the statutory authority.
II. Need for Correction
Currently, 10 CFR 436.30(a) specifies that subpart B applies only
to ESPCs awarded on or before September 30, 2003. This provision is not
consistent with current ESPC statutory authority, which was permanently
reauthorized by EISA section 514. The regulatory amendment in this
final rule makes the regulations consistent with statutory authority
and therefore is technical in nature. DOE has historically updated the
sunset language in the regulations to mirror the statutory language.
(65 FR 39784; June 28, 2000). This final rule similarly updates the
regulatory language to be consistent with statutory authority.
[[Page 19501]]
III. Procedural Issues and Regulatory Review
Pursuant to the Administrative Procedure Act, 5 U.S.C.
553(b)(3)(B), DOE finds that there is good cause not to issue a
separate notice to solicit public comment on the change made by this
rule. Issuing a separate notice to solicit public comment is
unnecessary. This rule makes a non-substantive change to the
regulations and simply provides consistency between the regulation and
statutory authority. Providing prior notice and an opportunity for
public comment on such a change serves no useful purpose.
As such, this rule is not subject to the 30-day delay in effective
date requirement of 5 U.S.C. 553(d) otherwise applicable to rules that
make substantive changes.
VI. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this final
rule; technical amendment.
List of Subjects in 10 CFR Part 436
Energy conservation; Energy Savings Performance Contracts, Federal
buildings and facilities, Reporting and recordkeeping requirements.
Signing Authority
This document of the Department of Energy was signed on March 13,
2024, by Mary Sotos, 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 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 March 14, 2024.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
For the reasons set forth in the preamble, DOE amends part 436 of
chapter II, of title 10 of the Code of Federal Regulations, as set
forth below:
PART 436--FEDERAL ENERGY MANAGEMENT AND PLANNING PROGRAMS
The authority citation for part 436 is revised to read as follows:
Authority: 42 U.S.C. 7101 et seq.; 42 U.S.C. 8254; 42 U.S.C.
8258; 42 U.S.C. 8259b; 42 U.S.C. 8287, et seq.
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2. Amend Sec. 436.30 by revising paragraph (a) to read as follows:
Sec. 436.30 Purpose and scope.
(a) General. This subpart provides procedures and methods which
apply to Federal agencies with regard to the award and administration
of energy savings performance contracts. This subpart applies in
addition to the Federal Acquisition Regulation at Title 48 of the CFR
and related Federal agency regulations. The provisions of this subpart
are controlling with regard to energy savings performance contracts
notwithstanding any conflicting provisions of the Federal Acquisition
Regulation and related Federal agency regulations.
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[FR Doc. 2024-05762 Filed 3-18-24; 8:45 am]
BILLING CODE 6450-01-P
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