[Federal Register Volume 89, Number 110 (Thursday, June 6, 2024)]
[Rules and Regulations]
[Page 48266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12081]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

10 CFR Part 433

[EERE-2010-BT-STD-0031]
RIN 1904-AB96


Clean Energy for New Federal Buildings and Major Renovations of 
Federal Buildings; Correction

AGENCY: Federal Energy Management Program, Department of Energy.

ACTION: Final rule; correction.

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

SUMMARY: On May 1, 2024, the U.S. Department of Energy (``DOE'') 
published a final rule that adopted energy performance standards for 
certain new Federal buildings and Federal buildings undergoing major 
renovations. This document corrects errors in the regulatory text 
published with the final rule. These errors do not affect the substance 
of the rulemaking or any conclusions reached in support of the proposed 
rule.

DATES: Effective July 15, 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: [email protected].
    Ms. Laura Zuber, U.S. Department of Energy, Office of the General 
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0121. 
Telephone: (202) 586-4798. Email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On May 1, 2024, DOE published a final rule (Final Rule) that 
adopted energy performance standards for certain new Federal buildings 
and Federal buildings undergoing major renovations. The Final Rule 
adopted revisions to the energy performance standards at title 10 of 
the Code of Federal Regulations (``CFR'') parts 433 and 435. 89 FR 
35384. Since publication of the Final Rule, DOE has identified errors 
in the regulatory text adopted by the Final Rule. Specifically, DOE 
incorrectly numbered subparagraphs in 10 CFR 433.200(c). DOE is issuing 
this correction to provide correct subparagraph numbers for 10 CFR 
433.200(c) and to revise an internal citation. The corrections are 
described in the following paragraphs.

II. Need for Correction

    As published, the regulatory text in the Final Rule may lead to 
confusion regarding the application of certain paragraphs in 10 CFR 
433.200(c) as two subsections are currently misidentified to fall under 
10 CFR 433.200(c)(1)(ii), which applies to designs for new construction 
or major renovations of all Scope 1 fossil fuel using systems in 
certain Federal buildings that began during or after Fiscal Year 2030. 
Because this document would simply clarify the adopted regulatory text 
without making substantive changes to the energy performance standards 
adopted in Final Rule, 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 Final Rule remain 
unchanged for these technical corrections to the regulatory text. These 
determinations are set forth in the Final Rule. 89 FR 35384, 35411-
35415.
    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 
Final Rule. Additionally, given the Final Rule 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 FR Doc. 2024-08196 appearing on page 35384 in the Federal 
Register of Wednesday, May 1, 2024, the following corrections are made:


Sec.  433.200  [Corrected]

0
1. On page 35418, in the first column between the table and the 
equation, in Sec.  433.200, paragraph (c)(1)(ii)(C) is redesignated as 
paragraph (c)(2);
0
2. On page 35418, in the second column between the table and the 
equation, in Sec.  433.200, the paragraph (c)(1)(ii)(D) heading is 
redesignated as the paragraph (c)(3) heading;
0
3. On page 35418, in the second column between the table and the 
equation, in Sec.  433.200, paragraph (c)(1)(ii)(D)(1) is redesignated 
as paragraph (c)(3)(i);
0
4. On page 35418, in the second column between the table and the 
equation, in Sec.  433.200, in newly redesignated paragraph (c)(3)(i), 
the reference ``paragraph (c)(1)(A)'' is corrected to read as 
``paragraph (c)(1)(i)''; and
0
5. On page 35418, in the first column following the equation, in Sec.  
433.200, paragraph (c)(1)(ii)(D)(2) is redesignated as paragraph 
(c)(3)(ii).

Signing Authority

    This document of the Department of Energy was signed on May 24, 
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 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 May 29, 2024.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2024-12081 Filed 6-5-24; 8:45 am]
BILLING CODE 6450-01-P