[Federal Register: October 17, 2008 (Volume 73, Number 202)]
[Rules and Regulations]
[Page 61665-61666]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17oc08-4]
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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:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting documents.
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.
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 kathryn.holt@sba.gov.
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
kathryn.holt@sba.gov.
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.
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For the reasons stated in the preamble, the Small Business
Administration amends 13 CFR part 101 as follows:
PART 101-ADMINISTRATION
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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.
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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