[Federal Register Volume 90, Number 85 (Monday, May 5, 2025)]
[Rules and Regulations]
[Page 18911]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-07743]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 90, No. 85 / Monday, May 5, 2025 / Rules and
Regulations
[[Page 18911]]
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; Stay
AGENCY: Federal Energy Management Program, Department of Energy.
ACTION: Final rule; stay.
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SUMMARY: The Department of Energy (DOE) is reviewing its recent
guidance related to the implementation of newly adopted provisions
regarding Clean Energy for New Federal Buildings and Major Renovations
of Federal Buildings (CER). While DOE reviews the CER implementation
guidance, DOE is staying the compliance date for the newly adopted
provisions in the Code of Federal Regulations (CFR).
DATES: Effective May 5, 2025, the May 1, 2025, compliance date for 10
CFR part 433, subpart B, and 10 CFR part 435, subpart B, is stayed
until May 1, 2026.
ADDRESSES: The docket for this rulemaking, which includes Federal
Register notices, public meeting attendee lists and transcripts,
comments, and other supporting documents/materials, is available for
review at www.regulations.gov. All documents in the docket are listed
in the www.regulations.gov index.
The docket web page can be found at www.regulations.gov/docket/EERE-2010-BT-STD-0031. The docket web page contains instructions on how
to access all documents, including public comments, in the docket.
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. Phone: 240-278-5857. Email: [email protected].
SUPPLEMENTARY INFORMATION: On May 1, 2024, DOE issued regulations that
require certain new Federal buildings and Federal buildings undergoing
major renovations to be designed to reduce their fossil fuel-generated
energy consumption and provides a process for Federal agencies to
petition for a downward adjustment from these requirements if
applicable.\1\ The final rule became effective on July 15, 2024, and
applied the energy performance standards to certain newly constructed
or majorly renovated Federal buildings for which design for
construction begins on or after May 1, 2025. 89 FR 35384. On January
17, 2025, DOE discussed topics of interest within the final rule and
provided additional information such as examples to demonstrate key
points of compliance or non-compliance in Clean Energy Rule
Implementation Guidance.\2\ The guidance document was drafted with
input and feedback from policymakers and Federal project developers and
design teams. DOE also published a template document for Federal
agencies to use when preparing petitions for downward adjustment.
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\1\ 89 FR 35384, Clean Energy for New Federal Buildings and
Major Renovations of Federal Buildings, Final Rule (May 1, 2024).
\2\ Available at https://www.energy.gov/sites/default/files/2025-03/clean-energy-rule_implementation-guidance_jan2025.pdf.
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Shortly after DOE published the implementation guidance document
and the petition template, President Trump announced new energy
policies, specifically those relating to energy security and
reliability.\3\ DOE is currently reviewing the recent implementation
guidance and the template for petitions for downward adjustments to
ensure that they are consistent with the policies of the current
Administration. To avoid regulatory burdens that would result if
Federal agencies adhered to these guidance documents, DOE will not
process petitions for downward adjustment during its review of the
implementation guidance documents. Accordingly, DOE stays the
compliance date of the recent final rule that requires certain newly
constructed or majorly renovated Federal buildings to meet energy
performance standards and that outlines the process for Federal
agencies to petition for a downward adjustment from those standards.
Specifically, DOE stays the May 1, 2025, compliance date in subpart B
of 10 CFR part 433 and subpart B of 10 CFR part 435 until May 1, 2026.
Because the compliance date for these provisions is stayed, Federal
agencies are not required to comply with these applicable energy
performance standards during this time.
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\3\ See e.g., Executive Order 14154 of January 20, 2025,
Unleashing American Energy, 90 FR 8353 (Jan. 29, 2025); Executive
Order 14156 of January 20, 2025, Declaring a National Energy
Emergency, 90 FR 8433 (Jan. 29, 2025); Executive Order 14262 of
April 8, 2025, Strengthening the Reliability and Security of the
United States Electric Grid, 90 FR 15521 (April 14, 2025).
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Signing Authority
This document of the Department of Energy was signed on April 29,
2025, 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 April 30, 2025.
Jennifer Hartzell,
Alternate Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2025-07743 Filed 5-2-25; 8:45 am]
BILLING CODE 6450-01-P