[Federal Register Volume 73, Number 202 (Friday, October 17, 2008)]
[Rules and Regulations]
[Pages 61665-61666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-24599]


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SMALL BUSINESS ADMINISTRATION

13 CFR Part 101

RIN 3245-AF75


Small Business Energy Efficiency Program

AGENCY: Small Business Administration.

ACTION: Direct final rule; comment request.

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SUMMARY: The U.S. Small Business Administration (SBA or Administration) 
is establishing a government-wide program that builds on the Energy 
Star for Small Business Program, and is located at http://www.sba.gov/energy. This rule is promulgated to comply with a provision of the 
Energy Independence and Security Act of 2007.

DATES: This rule is effective December 1, 2008, without further action, 
unless SBA receives a significant adverse comment by November 17, 2008. 
If SBA receives any significant adverse comments, SBA will publish a 
timely withdrawal of this rule in the Federal Register.

ADDRESSES: You may submit comments, identified by RIN: 3245-AF75, by 
any of the following methods:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting documents.
    <bullet> Mail, for paper, disk, or CD-ROM submissions: Kathryn 
Holt, Analyst, Office of Policy and Strategic Planning, Office of the 
Administrator, 409 Third Street, SW., Mail Code 2150, Washington, DC 
20416.
    <bullet> Hand Delivery/Courier: Kathryn Holt, Analyst, Office of 
Policy and Strategic Planning, Office of the Administrator, 409 Third 
Street, SW., Mail Stop 2150, Washington, DC 20416.
    SBA will post all comments on http://www.regulations.gov. If you 
wish to submit confidential business information (CBI) as defined in 
the User Notice at http://www.regulations.gov, please submit the 
information to Kathryn Holt, Analyst, Office of Policy and Strategic 
Planning, Office of the Administrator, 409 Third Street, SW., Mail Stop 
2150, Washington, DC 20416, or send an e-mail to <a href="/cdn-cgi/l/email-protection#afc4cedbc7ddd6c181c7c0c3dbefdccdce81c8c0d9"><span class="__cf_email__" data-cfemail="4d262c39253f342363252221390d3e2f2c632a223b">[email protected]</span></a>. 
Highlight the information that you consider to be CBI and explain why 
you believe SBA should hold this information as confidential. SBA will 
review the information and make its final determination of whether it 
will publish the information or not.

FOR FURTHER INFORMATION CONTACT: Kathryn Holt, Analyst, Office of 
Policy and Strategic Planning, Office of the Administrator, 409 Third 
Street, SW., Mail Stop 2150, Washington, DC 20416 or 
<a href="/cdn-cgi/l/email-protection#620903160a101b0c4c0a0d0e16221100034c050d14"><span class="__cf_email__" data-cfemail="b9d2d8cdd1cbc0d797d1d6d5cdf9cadbd897ded6cf">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The Administration has developed and 
coordinated a Government-wide program, building on the Energy Star for 
Small Business Program, to assist small business concerns in: Becoming 
more energy efficient, understanding the cost savings from improved 
energy efficiency, and identifying financing options for energy 
efficiency upgrades. This rule is promulgated to comply with the Energy 
Independence and Security Act of 2007, Sec.  1203(b). (15 U.S.C. 657h).
    The program was developed and coordinated in consultation with the 
Secretary of the Department of Energy and the Administrator of the 
Environmental Protection Agency, and

[[Page 61666]]

in cooperation with entities the Administration has considered 
appropriate, for example, industry trade associations, industry 
members, and energy efficiency organizations.
    The Administration is making available the information and 
materials developed under the program to small business concerns, 
including smaller design, engineering, and construction firms, and 
other Federal programs for energy efficiency, such as the Energy Star 
for Small Business Program.
    The Administration will develop a strategy to educate, encourage, 
and assist small business concerns in adopting energy efficient 
building fixtures and equipment.

Consideration of Comments

    This is a direct final rule, and SBA will review all comments. SBA 
believes that this rule is routine and non-controversial, and SBA 
anticipates no significant adverse comments to this rulemaking. If SBA 
receives any significant adverse comments, it will publish a timely 
withdrawal of this direct final rule.

Compliance With Executive Orders 12866, 12988, and 13132, the Paperwork 
Reduction Act (44 U.S.C. Ch. 35), and the Regulatory Flexibility Act (5 
U.S.C. 601-612)

Executive Order 12866

    The Office of Management and Budget (OMB) has determined that this 
rule does not constitute a significant regulatory action under 
Executive Order 12866.

Executive Order 12988

    This action meets applicable standards set forth in sections 3(a) 
and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden. The action does not 
have retroactive or preemptive effect.

Executive Order 13132

    For purposes of E.O. 13132, the SBA has determined that the rule 
will not have substantial, direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. Therefore, for the purpose of Executive Order 13132, 
Federalism, SBA determines that this proposed rule has no federalism 
implications warranting preparation of a federalism assessment.

Paperwork Reduction Act, 44 U.S.C. Ch. 35

    SBA has determined that this proposed rule does not impose 
additional reporting or recordkeeping requirements under the Paperwork 
Reduction Act, 44 U.S.C. Chapter 35.

Regulatory Flexibility Act, 5 U.S.C. 601-612

    The Regulatory Flexibility Act (RFA) 5 U.S.C. 601, requires 
administrative agencies to consider the effect of their actions on 
small entities, small non-profit enterprises, and small local 
governments. Pursuant to the RFA, when an agency issues a rulemaking, 
the agency must prepare a regulatory flexibility analysis which 
describes the impact of the rule on small entities. However, section 
605 of the RFA allows an agency to certify a rule, in lieu of preparing 
an analysis, if the rulemaking is not expected to have a significant 
economic impact on a substantial number of small entities. Within the 
meaning of RFA, SBA certifies that this rule will not have a 
significant economic impact on a substantial number of small entities.

List of Subjects in 13 CFR Part 101

    Administrative practice and procedure, Authority delegations 
(Government agencies), Intergovernmental relations, Investigations, 
Organization and functions (Government agencies), Reporting and 
recordkeeping requirements.


0
For the reasons stated in the preamble, the Small Business 
Administration amends 13 CFR part 101 as follows:

 PART 101-ADMINISTRATION

0
1. The authority citation for part 101 is revised to read as follows:

    Authority: 5 U.S.C. 552 and App. 3, secs. 2, 4(a), 6(a), and 
9(a)(1)(T); 15 U.S.C. 633, 634, 687; 31 U.S.C. 6506; 44 U.S.C. 3512; 
42 U.S.C. 6307(d); 15 U.S.C. 657h; E.O. 12372 (July 14, 1982), 47 FR 
30959, 3 CFR, 1982 Comp., p. 197, as amended by E.O. 12416 (April 8, 
1983), 48 FR 15887, 3 CFR, 1983 Comp., p. 186.


0
2. Amend part 101 by adding Subpart E to read as follows:

Subpart E--Small Business Energy Efficiency

Sec.
101.500 Small Business Energy Efficiency Program.


Sec.  101.500  Small Business Energy Efficiency Program.

    (a) The Administration has developed and coordinated a Government-
wide program, which is located at http://www.sba.gov/energy, building 
on the Energy Star for Small Business Program, to assist small business 
concerns in becoming more energy efficient, understanding the cost 
savings from improved energy efficiency, and identifying financing 
options for energy efficiency upgrades.
    (b) The Program has been developed and coordinated in consultation 
with the Secretary of the Department of Energy and the Administrator of 
the Environmental Protection Agency, and in cooperation with entities 
the Administrator has considered appropriate, for example, such as 
industry trade associations, industry members, and energy efficiency 
organizations. SBA's Office of Policy and Strategic Planning will be 
responsible for overseeing the program but will coordinate with the 
Department of Energy and EPA.
    (c) The Administration is distributing and making available online, 
the information and materials developed under the program to small 
business concerns, including smaller design, engineering, and 
construction firms, and other Federal programs for energy efficiency, 
such as the Energy Star for Small Business Program.
    (d) The Administration will develop a strategy to educate, 
encourage, and assist small business concerns in adopting energy 
efficient building fixtures and equipment.

Sandy K. Baruah,
Acting Administrator.
 [FR Doc. E8-24599 Filed 10-16-08; 8:45 am]
BILLING CODE 8025-01-P


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