Request for Information Regarding Categorical Exclusions, 68385-68386 [2022-24799]
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68385
Proposed Rules
Federal Register
Vol. 87, No. 219
Tuesday, November 15, 2022
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF ENERGY
10 CFR Part 1021
Request for Information Regarding
Categorical Exclusions
Department of Energy.
Request for information.
AGENCY:
ACTION:
The U.S. Department of
Energy (DOE) requests information to
help inform potential updates to
categorical exclusions in its regulations
implementing the National
Environmental Policy Act (NEPA). DOE
is considering revisions to ensure that
its NEPA reviews are aligned with the
latest DOE programs and initiatives for
clean energy and electricity
transmission projects, fully consider
potential environmental impacts and
community concerns, and are efficient
and effective at informing DOE
decisions. Through this request for
information, DOE seeks
recommendations and supporting
information from interested individuals
and organizations on establishing new
categorical exclusions and revising
existing ones.
DATES: Responses should be submitted
by December 30, 2022.
ADDRESSES: Responses to this request
for information should be submitted to
doe-nepa-rulemaking@hq.doe.gov.
FOR FURTHER INFORMATION CONTACT: For
further information on submitting
responses, contact Carrie Abravanel,
Office of NEPA Policy and Compliance
(GC–54), (202) 586–8397,
Carrie.Abravanel@hq.doe.gov.
SUPPLEMENTARY INFORMATION: DOE is
responsible for investing billions of
taxpayer dollars in new or expanded
efforts in the research and development,
demonstration, and deployment of clean
energy projects and clean energy
infrastructure throughout the United
States and its territories. DOE must
comply with NEPA (42 U.S.C. 4321, et
seq.) to inform its decisions about these
actions, including decisions related to
financial assistance (e.g., grants, loan
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SUMMARY:
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17:10 Nov 14, 2022
Jkt 259001
guarantees) to the private and public
sector. DOE also must fulfill its
responsibilities under other laws such
as the National Historic Preservation
Act and the Endangered Species Act. In
addition, DOE is committed to
providing meaningful and timely
opportunities for engagement with local
communities, Tribal Nations, and others
potentially affected by its decisions.
Central to implementation of NEPA is
the principle that the extent of analysis
should be proportional to the potential
for significant environmental impacts.
Accordingly, the Council on
Environmental Quality (CEQ)
established three types of NEPA review:
categorical exclusion, environmental
assessment, and environmental impact
statement. (See e.g., 40 CFR parts 1501
and 1502.) An agency prepares an
environmental assessment or
environmental impact statement when
the proposed action may result in
significant environmental impacts, or
the significance of potential impacts is
unknown.
A categorical exclusion is a category
of actions that a federal agency has
determined, in its agency NEPA
procedures, normally do not have a
significant effect on the human
environment (40 CFR 1508.1(d)). DOE’s
categorical exclusions are listed in
appendices A and B to subpart D of its
NEPA procedures (10 CFR part 1021).
Actions that qualify for a categorical
exclusion do not require preparation of
an environmental assessment or
environmental impact statement.
A DOE proposal to establish or
modify a categorical exclusion must be
accompanied by technical support
demonstrating why DOE has concluded
that the category of actions normally
does not pose the potential for
significant environmental impacts. Once
established in its procedures, before
determining that a categorical exclusion
applies to any particular proposed
action, DOE evaluates whether that
proposed action meets the conditions
contained in the categorical exclusion
and whether there are any extraordinary
circumstances associated with the
proposed action that pose the potential
for significant environmental impacts.
For more information on DOE’s process
for applying a categorical exclusion to a
proposed action see 10 CFR 1021.410
and Conditions That Are Integral
Elements of the Classes of Action in
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Frm 00001
Fmt 4702
Sfmt 4702
Appendix B at the start of appendix B
to subpart D of DOE’s NEPA procedures
in 10 CFR part 1021.
What information is DOE requesting?
The Infrastructure Investment and
Jobs Act (aka, Bipartisan Infrastructure
Law), the Inflation Reduction Act, the
CHIPS and Science Act, and DOE’s
annual appropriations all provide
funding for DOE to lead the nation’s
transition to a clean energy economy
and improve the resilience of its energy
infrastructure. DOE’s website includes
information on this funding, such as a
general web page on the Bipartisan
Infrastructure Law, list of DOE programs
funded by the Bipartisan Infrastructure
Law, fact sheet on the Inflation
Reduction Act, and statement regarding
the CHIPS and Science Act.
With respect to these laws and
initiatives, DOE seeks information to
help it identify activities associated
with its furtherance of clean energy
projects and clean energy infrastructure
that should be considered for new or
revised categorical exclusions. DOE
requests that interested parties:
• Identify a specific category of
actions related to clean energy projects
and clean energy infrastructure that is
not covered by existing DOE categorical
exclusions, but that is likely to meet the
standard of not having a significant
effect on the human environment; and
• Provide suggestions for revising
DOE’s existing categorical exclusions
related to clean energy projects and
clean energy infrastructure.
Along with the above information,
interested parties should provide:
(1) A brief explanation of the rationale
for any suggested new categorical
exclusions or revisions to the existing
ones,
(2) Any limits or conditions that
should be included in the new or
revised categorical exclusions to ensure
that the category of actions normally
does not pose the potential for
significant environmental impacts, and
(3) Technical or empirical support for
the suggested changes to DOE’s
categorical exclusions.
How should information be provided?
Responses should be submitted to
doe-nepa-rulemaking@hq.doe.gov by
December 30, 2022. Submitted
information will be included in the
public record of any associated
rulemaking, should DOE decide to
E:\FR\FM\15NOP1.SGM
15NOP1
68386
Federal Register / Vol. 87, No. 219 / Tuesday, November 15, 2022 / Proposed Rules
undertake revisions to its NEPA
regulations.
Confidential Business Information:
Pursuant to 10 CFR 1004.11, any person
submitting information that he or she
believes to be confidential and exempt
by law from public disclosure should
submit via email two well-marked
copies: one copy of the document
marked ‘‘confidential’’ including all the
information believed to be confidential,
and one copy of the document marked
‘‘non-confidential’’ with the information
believed to be confidential deleted.
Submit these documents via email. DOE
will make its own determination about
the confidential status of the
information and treat it according to its
determination.
Signing Authority
This document of the Department of
Energy was signed on November 8,
2022, by Samuel Walsh, General
Counsel, 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 November 9,
2022.
Treena V. Garrett,
Federal Register Liaison Officer, U.S.
Department of Energy.
[FR Doc. 2022–24799 Filed 11–14–22; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF DEFENSE
Corps of Engineers, Department of the
Army
33 CFR Part 203
[Docket ID: COE–2021–0008]
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RIN 0710–AA78
Natural Disaster Procedures:
Preparedness, Response, and
Recovery Activities of the Corps of
Engineers
U.S. Army Corps of Engineers
(Corps), Department of Defense (DoD).
ACTION: Proposed rule.
AGENCY:
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The Corps is proposing to
revise its natural disaster procedures
under this part of the Code of Federal
Regulations (CFR), which implements a
section of the Flood Control Act of 1941,
as amended. Revisions will incorporate
advances in risk-informed decisionmaking approaches and disaster
response lessons learned, as well as
recent amendments to this section of the
Flood Control Act of 1941.
DATES: Comments must be received on
or before January 17, 2023.
ADDRESSES: You may submit comments,
identified by docket number COE–
2021–0008, using any of these methods:
1. Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
2. Email: 33CFR203@usace.army.mil
and include the docket number, COE–
2021–0008, in the subject line of the
message.
3. Mail: HQ, U.S. Army Corps of
Engineers, ATTN: 33CFR203/CECW–
HS/3D64, 441 G Street NW,
Washington, DC 20314–1000.
4. Hand Delivery/Courier: Due to
security requirements, we cannot
receive comments by hand delivery or
courier.
Instructions: Direct your comments to
docket number COE–2021–0008. The
public docket will include all comments
exactly as submitted and without
change and may be made available online at https://www.regulations.gov. This
will include any personal information
provided, unless the commenter
indicates that the comment includes
information claimed to be Confidential
Business Information (CBI) or other
information where disclosure is
restricted by statute. Do not submit
information that you consider to be CBI,
or otherwise protected, through
regulations.gov or email. The
regulations.gov website is an
anonymous access system, which means
we will not know your identity or
contact information unless you provide
it in the body of your comment. If you
send an email directly to the Corps
without going through regulations.gov,
your email address will be
automatically captured and included as
part of the comment placed in the
public docket and made available on the
internet. If you submit an electronic
comment, we recommend that you
include your name and other contact
information in the body of your
comment and with any disk or CD–ROM
you submit. If we cannot read your
comment because of technical
difficulties and cannot contact you for
clarification, we may not be able to
consider your comment. Electronic
SUMMARY:
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Sfmt 4702
comments should avoid the use of any
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov. All documents in
the docket are listed. Although listed in
the index, some information is not
publicly available, such as CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the internet and will be
publicly available only in hard copy
form.
FOR FURTHER INFORMATION CONTACT: Mr.
Willem H.A. Helms, Office of Homeland
Security, Directorate of Civil Works,
U.S. Army Corps of Engineers, at (202)
761–5909 or willem.h.helms@
usace.army.mil.
SUPPLEMENTARY INFORMATION:
Table of Contents
Background
General Information for the Proposed Rule
Need for Revision
Overview of Proposed Changes
Expected Benefits and Costs of Proposed
Changes
Incorporation of Public Comments
References
Procedural Requirements
Background
Section 5 of the Flood Control Act of
1941, as amended, (33 U.S.C. 701n),
commonly and hereinafter referred to as
‘‘Public Law 84–99’’ authorizes the
Corps to undertake certain emergency
management activities. Specifically,
Public Law 84–99 authorizes an
emergency fund to be expended in
preparation for emergency response to
any natural disaster, in flood fighting
and rescue operations, or in the repair
or restoration of any flood control work
threatened or destroyed by flood. These
activities may include the
strengthening, raising, extending,
realigning, or other modification thereof
as may be necessary in the discretion of
the Chief of Engineers for the adequate
functioning of the work for flood control
and subject to the condition that the
Chief of Engineers may include
modifications to the structure or project,
or in implementation of nonstructural
alternatives to the repair or restoration
of such flood control work if requested
by the non-Federal sponsor. The
emergency fund may also be expended
for use in the emergency protection of
federally authorized hurricane or shore
protection when in the discretion of the
Chief of Engineers such protection is
warranted to protect against imminent
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]]>Agencies
[Federal Register Volume 87, Number 219 (Tuesday, November 15, 2022)]
[Proposed Rules]
[Pages 68385-68386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24799]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 87, No. 219 / Tuesday, November 15, 2022 /
Proposed Rules
[[Page 68385]]
DEPARTMENT OF ENERGY
10 CFR Part 1021
Request for Information Regarding Categorical Exclusions
AGENCY: Department of Energy.
ACTION: Request for information.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (DOE) requests information to
help inform potential updates to categorical exclusions in its
regulations implementing the National Environmental Policy Act (NEPA).
DOE is considering revisions to ensure that its NEPA reviews are
aligned with the latest DOE programs and initiatives for clean energy
and electricity transmission projects, fully consider potential
environmental impacts and community concerns, and are efficient and
effective at informing DOE decisions. Through this request for
information, DOE seeks recommendations and supporting information from
interested individuals and organizations on establishing new
categorical exclusions and revising existing ones.
DATES: Responses should be submitted by December 30, 2022.
ADDRESSES: Responses to this request for information should be
submitted to [email protected].
FOR FURTHER INFORMATION CONTACT: For further information on submitting
responses, contact Carrie Abravanel, Office of NEPA Policy and
Compliance (GC-54), (202) 586-8397, [email protected].
SUPPLEMENTARY INFORMATION: DOE is responsible for investing billions of
taxpayer dollars in new or expanded efforts in the research and
development, demonstration, and deployment of clean energy projects and
clean energy infrastructure throughout the United States and its
territories. DOE must comply with NEPA (42 U.S.C. 4321, et seq.) to
inform its decisions about these actions, including decisions related
to financial assistance (e.g., grants, loan guarantees) to the private
and public sector. DOE also must fulfill its responsibilities under
other laws such as the National Historic Preservation Act and the
Endangered Species Act. In addition, DOE is committed to providing
meaningful and timely opportunities for engagement with local
communities, Tribal Nations, and others potentially affected by its
decisions.
Central to implementation of NEPA is the principle that the extent
of analysis should be proportional to the potential for significant
environmental impacts. Accordingly, the Council on Environmental
Quality (CEQ) established three types of NEPA review: categorical
exclusion, environmental assessment, and environmental impact
statement. (See e.g., 40 CFR parts 1501 and 1502.) An agency prepares
an environmental assessment or environmental impact statement when the
proposed action may result in significant environmental impacts, or the
significance of potential impacts is unknown.
A categorical exclusion is a category of actions that a federal
agency has determined, in its agency NEPA procedures, normally do not
have a significant effect on the human environment (40 CFR 1508.1(d)).
DOE's categorical exclusions are listed in appendices A and B to
subpart D of its NEPA procedures (10 CFR part 1021). Actions that
qualify for a categorical exclusion do not require preparation of an
environmental assessment or environmental impact statement.
A DOE proposal to establish or modify a categorical exclusion must
be accompanied by technical support demonstrating why DOE has concluded
that the category of actions normally does not pose the potential for
significant environmental impacts. Once established in its procedures,
before determining that a categorical exclusion applies to any
particular proposed action, DOE evaluates whether that proposed action
meets the conditions contained in the categorical exclusion and whether
there are any extraordinary circumstances associated with the proposed
action that pose the potential for significant environmental impacts.
For more information on DOE's process for applying a categorical
exclusion to a proposed action see 10 CFR 1021.410 and Conditions That
Are Integral Elements of the Classes of Action in Appendix B at the
start of appendix B to subpart D of DOE's NEPA procedures in 10 CFR
part 1021.
What information is DOE requesting?
The Infrastructure Investment and Jobs Act (aka, Bipartisan
Infrastructure Law), the Inflation Reduction Act, the CHIPS and Science
Act, and DOE's annual appropriations all provide funding for DOE to
lead the nation's transition to a clean energy economy and improve the
resilience of its energy infrastructure. DOE's website includes
information on this funding, such as a general web page on the
Bipartisan Infrastructure Law, list of DOE programs funded by the
Bipartisan Infrastructure Law, fact sheet on the Inflation Reduction
Act, and statement regarding the CHIPS and Science Act.
With respect to these laws and initiatives, DOE seeks information
to help it identify activities associated with its furtherance of clean
energy projects and clean energy infrastructure that should be
considered for new or revised categorical exclusions. DOE requests that
interested parties:
Identify a specific category of actions related to clean
energy projects and clean energy infrastructure that is not covered by
existing DOE categorical exclusions, but that is likely to meet the
standard of not having a significant effect on the human environment;
and
Provide suggestions for revising DOE's existing
categorical exclusions related to clean energy projects and clean
energy infrastructure.
Along with the above information, interested parties should
provide:
(1) A brief explanation of the rationale for any suggested new
categorical exclusions or revisions to the existing ones,
(2) Any limits or conditions that should be included in the new or
revised categorical exclusions to ensure that the category of actions
normally does not pose the potential for significant environmental
impacts, and
(3) Technical or empirical support for the suggested changes to
DOE's categorical exclusions.
How should information be provided?
Responses should be submitted to [email protected] by
December 30, 2022. Submitted information will be included in the public
record of any associated rulemaking, should DOE decide to
[[Page 68386]]
undertake revisions to its NEPA regulations.
Confidential Business Information: Pursuant to 10 CFR 1004.11, any
person submitting information that he or she believes to be
confidential and exempt by law from public disclosure should submit via
email two well-marked copies: one copy of the document marked
``confidential'' including all the information believed to be
confidential, and one copy of the document marked ``non-confidential''
with the information believed to be confidential deleted. Submit these
documents via email. DOE will make its own determination about the
confidential status of the information and treat it according to its
determination.
Signing Authority
This document of the Department of Energy was signed on November 8,
2022, by Samuel Walsh, General Counsel, 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 November 9, 2022.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2022-24799 Filed 11-14-22; 8:45 am]
BILLING CODE 6450-01-P
