Coordination of Federal Authorizations for Electric Transmission Facilities, 54461-54465 [E8-21867]

Agencies

• DEPARTMENT OF ENERGY

[Federal Register Volume 73, Number 183 (Friday, September 19, 2008)]
[Proposed Rules]
[Pages 54461-54465]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-21867]



Federal Register / Vol. 73, No. 183 / Friday, September 19, 2008 / 
Proposed Rules

[[Page 54461]]


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DEPARTMENT OF ENERGY

10 CFR Part 900

RIN 1901-AB18


Coordination of Federal Authorizations for Electric Transmission 
Facilities

AGENCY: Office of Electricity Delivery and Energy Reliability, 
Department of Energy.

ACTION: Notice of proposed rulemaking and opportunity for comment.

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SUMMARY: The Department of Energy (DOE) is proposing to amend an 
interim final rule published elsewhere in today's Federal Register that 
establishes procedures for DOE coordination of all applicable Federal 
authorizations for the siting of interstate electric transmission 
facilities and related environmental reviews pursuant to section 216(h) 
of the Federal Power Act (FPA). This proposed rule would clarify a 
provision in section 216(h) that provides that the Secretary of Energy 
shall ensure that once an application for coordination has been 
submitted with such data as the Secretary considers necessary, all 
Federal authorization decisions and related environmental reviews under 
Federal laws must be completed within one year, or as soon thereafter 
as practicable in compliance with Federal law. The proposed rule also 
would require permitting agencies to inform DOE of requests for 
authorizations required under Federal law for the siting of significant 
facilities used for the transmission of electricity in interstate 
commerce, and it provides that DOE, as authorized by section 216(h), 
may establish intermediate milestones and ultimate deadlines for the 
review of such Federal authorization applications and decisions.

DATES: Public comment on this proposed rule will be accepted until 
November 3, 2008. See section III of the SUPPLEMENTARY INFORMATION 
section of this notice for additional information about public comment 
procedures.

ADDRESSES: You may submit comments, identified by RIN 1901-AB18, by any 
of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the instructions for submitting comments.
    2. E-mail to SEC216h@hq.doe.gov. Include RIN 1901-AB18 in the 
subject line of the e-mail. Please include the full body of your 
comments in the text of the message or as an attachment.
    3. Mail: Address written comments to Mr. John Schnagl, U.S. 
Department of Energy, Office of Electricity Delivery and Energy 
Reliability (OE-20), 1000 Independence Avenue, SW., Washington, DC 
20585. Due to potential delays in DOE's receipt and processing of mail 
sent through the U.S. Postal Service, we encourage respondents to 
submit comments electronically to ensure timely receipt. You may 
request copies of comments by contacting Mr. Schnagl.

FOR FURTHER INFORMATION CONTACT: Mr. John Schnagl, Office of 
Electricity Delivery and Energy Reliability (OE-20), U.S. Department of 
Energy, 1000 Independence Avenue, SW., Washington, DC 20585; Phone 
(202) 586-1056; e-mail John.Schnagl@hq.doe.gov or Lot Cooke, Attorney-
Advisor, U.S. Department of Energy, Office of the General Counsel, GC-
76, 1000 Independence Avenue, SW., Washington, DC 20585; Phone (202) 
586-0503; e-mail Lot.Cooke@hq.doe.gov.

SUPPLEMENTARY INFORMATION:

I. Background
II. Discussion of Proposed Rule
III. Public Comment Procedures
IV. Regulatory Review
V. Approval of the Office of Secretary

I. Background

    Section 1221(a) of the Energy Policy Act of 2005 (Pub. L. 109-58) 
added a new section 216 to the Federal Power Act (FPA) (16 U.S.C. 791-
828c) which deals with the siting of interstate electric transmission 
facilities. Section 216(h) of the FPA, as amended (16 U.S.C. 824p(h)), 
which is titled ``Coordination of Federal Authorizations for 
Transmission Facilities,'' provides for DOE to be the lead agency for 
purposes of coordinating all applicable Federal authorizations for the 
siting of interstate electric transmission facilities and related 
environmental reviews. DOE is proposing rule provisions for public 
comment under which it will establish intermediate milestones and 
ultimate deadlines for the review of, and Federal authorization 
decisions relating to, proposed electric transmission facilities under 
section 216(h)(4)(A) of the FPA. In addition, DOE is proposing 
provisions that would require permitting entities to inform DOE of 
authorization requests required under Federal law in order to site 
significant facilities used for the transmission of electricity in 
interstate commerce for the sale of electric energy at wholesale. In 
today's Federal Register, DOE publishes an interim final rule which 
establishes the procedures DOE will use in carrying out its 
responsibilities under section 216(h). Finally, DOE is proposing rule 
provisions that address the Secretary of Energy's determination under 
section 216(h)(4)(B) that all necessary data has been submitted by an 
applicant, after which all permit decisions and related environmental 
reviews under Federal laws must be completed within one year, or as 
soon thereafter as practicable in compliance with Federal law.

II. Discussion of Proposed Rule

    In deciding how to proceed procedurally in implementing its 
authority under section 216(h), DOE reached certain conclusions based 
on its understanding of the purpose of the statute. First, under FPA 
section 216(h), DOE is to ``act as the lead agency for purposes of 
coordinating all applicable Federal authorizations and related 
environmental reviews'' (emphasis added). DOE interprets the term 
``lead agency'' as used in FPA section 216(h) as making the Department 
responsible for coordinating environmental review efforts undertaken by 
other permitting entities, rather than being the Federal entity 
responsible for the preparation of the environmental review document 
under the National Environmental Policy Act (NEPA). In instances that 
the Department has a permitting role in siting an electric transmission 
facility, DOE may be the lead agency for preparing the environmental 
review document, but in general DOE and the permitting entities 
responsible for issuing Federal authorizations will jointly determine 
the appropriate permitting entity to be the lead agency for preparing 
NEPA compliance documents in accordance with existing CEQ regulations 
(40 CFR 1501.5).
    Second, it is DOE's view that section 216(h) is intended to give an 
applicant seeking more than one Federal authorization for the 
construction or modification of electric transmission facilities access 
to a process under which all Federal reviews are made in a coordinated 
manner. With this in mind, DOE has determined that its coordination of 
Federal authorizations would be most beneficial as a request driven 
process. We do not believe Congress intended to impose DOE coordination 
on applicants who are satisfied with existing processes for obtaining 
the necessary Federal authorizations. If an applicant for Federal 
authorizations is familiar with existing Federal processes and is 
comfortable in proceeding under them, a requirement of DOE coordination 
is not only unnecessary, it would involve additional steps that could 
make the Federal review process more, rather than less, cumbersome and 
time-consuming. By establishing a request driven process, DOE provides 
coordination only in circumstances

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where the applicant for Federal authorizations determines that it will 
be beneficial for DOE to perform that role.
    However, DOE believes it is consistent with the intent of Congress 
in section 216(h) of the FPA that DOE be informed of authorization 
requests required under Federal law in order to site significant 
facilities used for the transmission of electricity in interstate 
commerce for the sale of electric energy at wholesale. This will allow 
DOE to be aware of Federal authorization requests for significant 
electric transmission facilities even in cases where no coordination 
request has been received by the DOE. Under proposed section 900.7, DOE 
would limit this notification requirement to Federal authorizations 
where the permitting entity has made a determination that an 
environmental impact statement (EIS) under the National Environmental 
Policy Act (NEPA) is necessary. In instances where Federal 
authorizations are subject to lesser environmental scrutiny under NEPA, 
such as a categorical exclusion (CX) or an environmental assessment 
(EA) which results in a finding of no significant impact, final agency 
determinations generally are made more quickly than for projects that 
require an EIS. Hence, DOE does not believe it is necessary to impose a 
notification requirement on permitting entities for Federal 
authorizations that are subject to a CX or an EA which results in a 
finding of no significant impact. Therefore, the proposed rule requires 
that all permitting entities inform DOE within five days of issuing a 
notice of intent to prepare an EIS on a Federal authorization for an 
interstate electric transmission facility.
    In addition, DOE expects that permitting entities will coordinate 
applicable Federal authorizations and related environmental reviews 
even in instances where no coordination request has been received by 
DOE, and, as provided in section 216(h)(2) of the FPA, DOE will be 
prepared to intercede if it determines that such coordination is not 
taking place.
    Section 216(h)(4)(A) of the FPA provides that DOE ``shall establish 
prompt and binding intermediate milestones and ultimate deadlines for 
the review of, and Federal authorization decisions relating to, the 
proposed facility.'' Proposed section 900.8 provides that in instances 
where DOE has received a request for coordination of the Federal 
authorization process, DOE, pursuant to section 216(h)(4)(A) and in 
consultation with the permitting entities, will establish, as 
appropriate, intermediate milestones and ultimate deadlines for the 
review of Federal authorization applications and decisions relating to 
the proposed facility when a permitting entity has issued a notice of 
intent to publish an EIS. No intermediate milestones and ultimate 
deadlines would be established for Federal authorizations that require 
a CX or an EA which results in a finding of no significant impact. 
Proposed section 900.8(b) provides that no later than 30 days prior to 
any prompt and binding intermediate or ultimate deadline established by 
DOE, any permitting entity subject to the deadline shall inform DOE if 
the deadline will not, or is not likely to, be met. Under proposed 
section 900.9(c), DOE, in consultation with the permitting entities, 
may extend an interim or ultimate deadline.
    Further, section 216(h)(4)(B) of the FPA provides that the 
Secretary of Energy shall ensure that once an applicant has requested a 
Federal authorization with such data as the Secretary of Energy 
considers necessary, all permits decisions and related environmental 
reviews under Federal laws will be completed within one year or as soon 
thereafter as possible in compliance with Federal law. In order to 
ensure that statutory mandate is met for all Federal authorizations, 
both for authorization requests in which the applicant has requested 
DOE coordination of the authorization process and for authorization 
requests in which no such coordination request has been made, DOE is 
proposing that all Federal authorizations shall be completed no more 
than one year after: (1) A determination by the permitting entity has 
been made that the Federal authorization is subject to a CX; (2) an EA 
has been completed which resulted in a finding of no significant 
impact; or (3) 30 days after the close of the comment period on the 
permitting entity's draft EIS. If another provision of Federal law, or 
some other cause, does not permit a permitting entity to make a Federal 
authorization determination within the time limits set forth in (1), 
(2), or (3), the authorization shall be completed as soon thereafter as 
possible, as discussed in more detail below.
    DOE believes that once a permitting entity has sufficient data to 
determine that a CX is applicable, or has completed an EA and made a 
finding of no significant impact, or 30 days after the close of the 
comment period on a draft EIS, that it has such data as is necessary to 
complete its environmental review and issue a final decision on the 
Federal authorization request within one year. If a requirement of 
another provision of Federal law does not permit a final decision on 
the Federal authorization request within one year after the permitting 
entity has determined that a CX is applicable, or has completed an EA 
and made a finding of no significant impact, or 30 days after the close 
of the comment period on a draft EIS, the permitting entity shall issue 
a final decision as soon thereafter as allowed by provision of law.
    If a requirement of another provision of Federal law does not 
permit a final decision on the Federal authorization request within one 
year after the permitting entity has determined that a CX is 
applicable, or has completed an EA and made a finding of no significant 
impact, or 30 days after the close of the comment period on a draft 
EIS, the permitting entity shall inform DOE and the applicant of that 
fact no later than 30 days after the permitting entity has determined 
that a CX is applicable, or has completed an EA and made a finding of 
no significant impact, or 30 days after the close of the comment period 
on a draft EIS. The permitting entity shall cite the provision of 
Federal law that prevents the final decision on the Federal 
authorization request from being issued within one year after the 
permitting entity has determined that a CX is applicable, or has 
completed an EA and made a finding of no significant impact, or 30 days 
after the close of the comment period on a draft EIS, and the date by 
which the final decision on the authorization request can be issued in 
compliance with Federal law.
    If for some reason other than a requirement of another provision of 
Federal law, a permitting entity does not believe it can issue a final 
decision on the Federal authorization request within one year after the 
permitting entity has determined that a CX is applicable, or has 
completed an EA and made a finding of no significant impact, or 30 days 
after the close of the comment period on a draft EIS, the permitting 
entity shall inform DOE and the applicant of that fact no later than 30 
days after the permitting entity has determined that a CX is 
applicable, or has completed an EA and made a finding of no significant 
impact, or 30 days after the close of the comment period on a draft 
EIS. In such a case, DOE may toll or extend the date by which the 
permitting entity shall issue a final decision on the Federal 
authorization request. An example of a basis to toll or extend the date 
by which the permitting entity shall issue a final decision on the 
Federal authorization request is that substantial additional 
environmental analysis is required prior to making a Federal 
authorization

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decision. For instance, after a permitting entity has completed an EA 
it may make a finding of significant impact which requires an EIS, or 
upon receiving comments on a draft EIS a determination may be made that 
a supplemental EIS is needed. Under these circumstances, DOE may toll 
or extend the section 216(h)(4)(B) deadline.
    In establishing the one year deadline, DOE believes that the 
permitting entity will have met its statutory mandate to complete all 
permit decisions and related environmental reviews upon the issuance of 
necessary permits and other documents, including where applicable a 
Record of Decision under NEPA, even if the effective date of the permit 
may be delayed due to rehearing or other appellate proceedings. In the 
event a Permitting Entity denies or fails to act on a Federal 
authorization by the deadline established by DOE pursuant to section 
216(h)(4)(B) of the FPA, the applicant for a Federal authorization may 
appeal to the President pursuant to section 216(h)(6) of the FPA.

III. Public Comment Procedures

    Interested persons are invited to participate in this proceeding by 
submitting data, views, or arguments. Written comments should be 
submitted to the address, and in the form, indicated in the ADDRESSES 
section of this notice of proposed rulemaking. To help DOE review the 
comments, interested persons are asked to refer to specific proposed 
rule provisions, if possible.
    If you submit information that you believe to be exempt by law from 
public disclosure, you should submit one complete copy, as well as one 
copy from which the information claimed to be exempt by law from public 
disclosure has been deleted. DOE is responsible for the final 
determination with regard to disclosure or nondisclosure of the 
information and for treating it accordingly under the DOE Freedom of 
Information regulations at 10 CFR 1004.11.
    DOE has determined that this rulemaking does not present a 
substantial issue of fact or law, or is likely to have the kinds of 
substantial impacts, that warrant an opportunity for oral presentation 
of views, data, and arguments pursuant to 42 U.S.C. 7191(b).

IV. Regulatory Review

A. Review Under Executive Order 12866

    Today's regulatory action has been determined to be a ``significant 
regulatory action'' under Executive Order 12866, ``Regulatory Planning 
and Review,'' 58 FR 51735 (October 4, 1993). Accordingly, this action 
was subject to review under that Executive Order by the Office of 
Information and Regulatory Affairs of the Office of Management and 
Budget.

B. Review Under the National Environmental Policy Act

    DOE has concluded that these proposed regulations fall into the 
class of actions that do not individually or cumulatively have a 
significant impact on the human environment as set forth in DOE's 
regulations implementing the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.). Specifically, the rule is covered under the 
categorical exclusion in paragraph A5 of Appendix A to subpart D, 10 
CFR part 1021, which applies to rulemaking that interprets or amends an 
existing rule or regulation that does not change the environmental 
effect of the rule or regulation being amended. Accordingly, neither an 
environmental assessment nor an environmental impact statement is 
required.

C. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires 
preparation of an initial regulatory flexibility analysis for any rule 
that by law must be proposed for public comment, unless the agency 
certifies that the rule, if promulgated, will not have a significant 
economic impact on a substantial number of small entities. As required 
by Executive Order 13272, ``Proper Consideration of Small Entities in 
Agency Rulemaking,'' 67 FR 53461 (August 16, 2002), DOE published 
procedures and policies on February 19, 2003, to ensure that the 
potential impacts of its rules on small entities are properly 
considered during the rulemaking process (68 FR 7990). DOE has made its 
procedures and policies available on the Office of General Counsel's 
Web site: https://www.gc.doe.gov.
    DOE has reviewed today's proposed rule under the provisions of the 
Regulatory Flexibility Act and the procedures and policies published on 
February 19, 2003. The proposed rule addresses the timing of the 
Secretary of Energy's determination that all necessary data have been 
submitted by an applicant, which starts the one-year period during 
which all Federal authorizations and associated reviews must be 
completed. It also would incorporate the authority granted to DOE by 
section 216(h) of the FPA to establish intermediate milestones and 
ultimate deadlines for the review of Federal authorization requests. In 
addition, the proposed rule would require Federal permitting entities 
to inform DOE of authorization requests within five days of issuing a 
notice of intent to prepare an EIS. These provisions, if implemented, 
would not affect the substantive interests of any entities, including 
small entities. DOE expects that actions taken under these provisions 
to coordinate and speed the issuance of decisions on requests for 
Federal authorizations needed to site a facility used for the 
transmission of electricity in interstate commerce would be expected to 
lessen the burden on applicants. On the basis of the foregoing, DOE 
certifies that this proposed rule would not have a significant economic 
impact on a substantial number of small entities. Accordingly, DOE has 
not prepared a regulatory flexibility analysis for this rulemaking. 
DOE's certification and supporting statement of factual basis will be 
provided to the Chief Counsel for Advocacy of the Small Business 
Administration pursuant to 5 U.S.C. 605(b).

D. Review Under the Paperwork Reduction Act

    This rulemaking would impose no new information or recordkeeping 
requirements. Accordingly, Office of Management and Budget clearance is 
not required under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.).

E. Review Under the Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written assessment of the 
effects of any Federal mandate in a proposed or final agency regulation 
that may result in the expenditure by States, tribal or local 
governments, in the aggregate, or by the private sector, of $100 
million in any one year. The Act also requires a Federal agency to 
develop an effective process to permit timely input by elected 
officials of State, tribal or local governments on a proposed 
significant intergovernmental mandate, and requires an agency plan for 
giving notice and opportunity to provide timely input to potentially 
affected small governments before establishing any requirements that 
might significantly or uniquely affect small governments. DOE has 
determined that the proposed rule published today does not contain any 
Federal mandates affecting States, tribal, or local governments, or the 
private

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sector, and, thus, these requirements do not apply.

F. Review Under Executive Order 12988

    With respect to the review of existing regulations and the 
promulgation of new regulations, section 3(a) of Executive Order 12988, 
``Civil Justice Reform'' (61 FR 4779, February 7, 1996) imposes on 
federal agencies the general duty to adhere to the following 
requirements: Eliminate drafting errors and needless ambiguity, write 
regulations to minimize litigation, provide a clear legal standard for 
affected conduct rather than a general standard, and promote 
simplification and burden reduction. Section 3(b) requires federal 
agencies to make every reasonable effort to ensure that a regulation, 
among other things: Clearly specifies the preemptive effect, if any, 
adequately defines key terms, and addresses other important issues 
affecting the clarity and general draftsmanship under guidelines issued 
by the Attorney General. Section 3(c) of Executive Order 12988 requires 
executive agencies to review regulations in light of applicable 
standards in section 3(a) and section 3(b) to determine whether they 
are met or it is unreasonable to meet one or more of them. DOE has 
completed the required review and determined that, to the extent 
permitted by law, this proposed rule meets the relevant standards of 
Executive Order 12988.

G. Review Under Executive Order 13132

    Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 10, 
1999) imposes certain requirements on agencies formulating and 
implementing policies or regulations that preempt State law or that 
have federalism implications. Agencies are required to examine the 
constitutional and statutory authority supporting any action that would 
limit the policymaking discretion of the states and carefully assess 
the necessity for such actions. DOE has examined this proposed rule and 
has determined that it would not preempt State law and would 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 responsibility among the various levels of government. No further 
action is required by the executive order.

H. Review Under the Treasury and General Government Appropriations Act, 
1999

    Section 654 of the Treasury and General Government Appropriations 
Act, 1999 (Pub. L. 105-277) requires federal agencies to issue a 
``Family Policymaking Assessment'' for any rule that may affect family 
well-being. This rule has no impact on the autonomy or integrity of the 
family as an institution. Accordingly, the DOE has concluded that it is 
not necessary to prepare a Family Policymaking Assessment.

I. Review Under Executive Order 13211

    Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy, Supply, Distribution, or Use,'' 66 FR 
28355 (May 22, 2001) requires preparation and submission to OMB of a 
Statement of Energy Effects for significant regulatory actions under 
Executive Order 12866 that are likely to have a significant adverse 
effect on the supply, distribution, or use of energy. DOE has 
determined that the proposed rule published today does not have a 
significant adverse effect on the supply, distribution, or use of 
energy and, thus, the requirement to prepare a Statement of Energy 
Effects does not apply.

J. Review Under the Treasury and General Government Appropriations Act, 
2001

    The Treasury and General Government Appropriations Act, 2001 (44 
U.S.C. 3516 note) provides for agencies to review most dissemination of 
information to the public under guidelines established by each agency 
pursuant to general guidelines issued by OMB. OMB's guidelines were 
published at 67 FR 8452 (Feb. 22, 2002), and DOE's guidelines were 
published at 67 FR 62446 (Oct. 7, 2002). DOE has reviewed today's 
proposed rule under the OMB and DOE guidelines, and has concluded that 
it is consistent with applicable policies in those guidelines.

V. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this proposed 
rule.

List of Subjects in 10 CFR Part 900

    Electric power, Electric utilities, Energy, Reporting and 
recordkeeping requirements.

    Issued in Washington, DC, on September 12, 2008.
Kevin M. Kolevar,
Assistant Secretary, Office of Electricity Delivery and Reliability.

    For the reasons set forth in the preamble, the Department of Energy 
proposes to amend part 900 of chapter II of title 10 of the Code of 
Federal Regulations.

PART 900--COORDINATION OF FEDERAL AUTHORIZATIONS FOR ELECTRIC 
TRANSMISSION FACILITIES

    1. The authority citation for part 900 continues to read as 
follows:


    Authority: 16 U.S.C. 824p(h).

    2. Add new Sec. Sec.  900.7, 900.8 and 900.9 to part 900 to read as 
follows:


Sec.  900.7  Notification of requests for Federal authorizations.

    A permitting entity which receives an authorization request 
required under Federal law in order to site a facility used for the 
transmission of electricity in interstate commerce for the sale of 
electric energy at wholesale must inform the Director within five days 
of issuing a notice of intent to prepare an environmental impact 
statement. The notification can be made to Mr. John Schnagl, Office of 
Electricity Delivery and Energy Reliability (OE-20), U.S. Department of 
Energy, 1000 Independence Avenue, SW., Washington, DC 20585; e-mail 
John.Schnagl@hq.doe.gov.


Sec.  900.8  Prompt and binding intermediate milestones and ultimate 
deadlines.

    (a) Upon receipt of a request for coordination, DOE, in 
consultation with the permitting entities, will establish, as 
appropriate, intermediate milestones and ultimate deadlines for the 
review of Federal authorization applications and decisions relating to 
a proposed electric transmission facility when a permitting entity has 
issued a notice of intent to prepare an environmental impact statement.
    (b) No later than 30 days prior to any intermediate or ultimate 
deadline established by DOE under this part, the permitting entity 
subject to the deadline shall inform DOE if the deadline will not, or 
is not likely to, be met.
    (c) DOE, in consultation with the permitting entities, may extend 
an interim or ultimate deadline.


Sec.  900.9  Deadlines for final decisions on Federal authorization 
requests.

    (a) All Federal authorizations shall be completed one year after 
the permitting entity has determined that a categorical exclusion is 
applicable, or has completed an environmental assessment and made a 
finding of no significant impact, or 30 days after the close of the 
comment period on a draft environmental impact statement, or as soon 
thereafter as possible, as provided in paragraphs (b) and (c) of this 
section.
    (b)(1) If a requirement in another provision of Federal law does 
not permit a final decision on the Federal authorization request within 
one year

[[Page 54465]]

after the permitting entity has determined that a categorical exclusion 
is applicable, or has completed an environmental assessment and made a 
finding of no significant impact, or 30 days after the close of the 
comment period on a draft environmental impact statement, the final 
decision will be issued as soon as allowed by provision of law.
    (2) If a requirement of another provision of Federal law does not 
permit a final decision on the Federal authorization request within one 
year after the permitting entity has determined that a categorical 
exclusion is applicable, or has completed an environmental assessment 
and made a finding of no significant impact, or 30 days after the close 
of the comment period on a draft environmental impact statement, the 
permitting entity shall inform DOE and the applicant of that fact no 
later than 30 days after the permitting entity has determined that a 
categorical exclusion is applicable, or has completed an environmental 
assessment and made a finding of no significant impact, or 30 days 
after the close of the comment period on a draft environmental impact 
statement. The permitting entity shall cite the provision of Federal 
law that prevents the final decision on the Federal authorization 
request from being issued within one year after the permitting entity 
has determined that a categorical exclusion is applicable, or has 
completed an environmental assessment and made a finding of no 
significant impact, or 30 days after the close of the comment period on 
a draft environmental impact statement, and the date when the final 
decision on the authorization request can be issued in compliance with 
Federal law.
    (c) If for some other reason than a requirement of another 
provision of Federal law, a permitting entity does not believe it can 
issue a final decision on the Federal authorization request within one 
year after the permitting entity has determined that a categorical 
exclusion is applicable, or has completed an environmental assessment 
and made a finding of no significant impact, or 30 days after the close 
of the comment period on a draft environmental impact assessment, the 
permitting entity shall inform DOE and the applicant of that fact no 
later than 30 days after the permitting entity has determined that a 
categorical exclusion is applicable, or has completed an environmental 
assessment and made a finding of no significant impact, or 30 days 
after the close of the comment period on a draft environmental impact 
statement. In such a case, DOE may toll or extend the date on which the 
permitting entity shall issue a final decision on the Federal 
authorization request.

 [FR Doc. E8-21867 Filed 9-18-08; 8:45 am]
BILLING CODE 6450-01-P