[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 [www.gpo.gov]
[FR Doc No: 2024-03876]


========================================================================
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.

========================================================================


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.

-----------------------------------------------------------------------

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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