Proposed Rule2023-00430

Request for Information Regarding Categorical Exclusions

Primary source

Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.

Published
January 12, 2023

Issuing agencies

Energy Department

Abstract

On November 15, 2022, the U.S. Department of Energy (DOE) published a request for information to help inform potential updates to categorical exclusions in its regulations implementing the National Environmental Policy Act (NEPA). Through the request for information, DOE sought recommendations and supporting information from interested individuals and organizations on establishing new categorical exclusions and revising existing ones. In response to public request, DOE is re-opening the comment period for 30 days to allow interested parties additional time to provide input.

Full Text

<html>
<head>
<title>Federal Register, Volume 88 Issue 8 (Thursday, January 12, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 8 (Thursday, January 12, 2023)]
[Proposed Rules]
[Page 2029]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-00430]


========================================================================
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. 88, No. 8 / Thursday, January 12, 2023 / 
Proposed Rules

[[Page 2029]]



DEPARTMENT OF ENERGY

10 CFR Part 1021


Request for Information Regarding Categorical Exclusions

AGENCY: Department of Energy.

ACTION: Request for information; re-opening of public comment period.

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

SUMMARY: On November 15, 2022, the U.S. Department of Energy (DOE) 
published a request for information to help inform potential updates to 
categorical exclusions in its regulations implementing the National 
Environmental Policy Act (NEPA). Through the request for information, 
DOE sought recommendations and supporting information from interested 
individuals and organizations on establishing new categorical 
exclusions and revising existing ones. In response to public request, 
DOE is re-opening the comment period for 30 days to allow interested 
parties additional time to provide input.

DATES: The comment period for the request for information, published on 
November 15, 2022 (87 FR 68385), which closed on December 30, 2022, is 
hereby reopened. Responses should be submitted by February 13, 2023.

ADDRESSES: Submit comments, labeled ``DOE NEPA RFI,'' via <a href="https://www.regulations.gov">https://www.regulations.gov</a>. This request for information is assigned Docket 
ID: DOE-HQ-2023-0002. Follow the online instructions for submitting 
comments electronically. Alternatively, responses to this request for 
information may be submitted by email to <a href="/cdn-cgi/l/email-protection#95f1faf0b8fbf0e5f4b8e7e0f9f0f8f4fefcfbf2d5fde4bbf1faf0bbf2fae3"><span class="__cf_email__" data-cfemail="7c1813195112190c1d510e091019111d1715121b3c140d52181319521b130a">[email&#160;protected]</span></a>. There is no need to submit comments using both 
methods.

FOR FURTHER INFORMATION CONTACT: For further information on submitting 
responses, contact Carrie Abravanel, Office of NEPA Policy and 
Compliance (GC-54), 202-586-8397, <a href="/cdn-cgi/l/email-protection#094a687b7b606c27486b7b687f68676c65496178276d666c276e667f"><span class="__cf_email__" data-cfemail="fcbf9d8e8e9599d2bd9e8e9d8a9d929990bc948dd2989399d29b938a">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION: DOE published a request for information on 
November 15, 2022 (87 FR 68385) that started a 45-day comment period 
(ending December 30, 2022). 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. In the 
request for information, DOE sought recommendations and supporting 
information from interested individuals and organizations on 
establishing new categorical exclusions and revising existing ones. 
Through the request for information, interested parties were invited 
to:
    <bullet> 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
    <bullet> Provide suggestions for revising DOE's existing 
categorical exclusions related to clean energy projects and clean 
energy infrastructure.
    In response to public request, DOE has determined that re-opening 
the public comment period is appropriate to allow interested parties 
additional time to submit comments for DOE's consideration. Therefore, 
DOE is re-opening the comment period for an additional 30 days. Please 
see the November 15, 2022, request for information for additional 
background information and instructions on providing comments. That 
request for information is available at <a href="https://www.energy.gov/nepa/articles/request-information-regarding-categorical-exclusions-2022">https://www.energy.gov/nepa/articles/request-information-regarding-categorical-exclusions-2022</a>.

How should information be provided?

    Responses should be submitted to <a href="/cdn-cgi/l/email-protection#cfaba0aae2a1aabfaee2bdbaa3aaa2aea4a6a1a88fa7bee1aba0aae1a8a0b9"><span class="__cf_email__" data-cfemail="d6b2b9b3fbb8b3a6b7fba4a3bab3bbb7bdbfb8b196bea7f8b2b9b3f8b1b9a0">[email&#160;protected]</span></a> by 
February 13, 2023. Submitted information will be included in the public 
record of any associated rulemaking, should DOE decide to 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 January 6, 
2023, 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, January 6, 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2023-00430 Filed 1-11-23; 8:45 am]
BILLING CODE 6450-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
Indexed from Federal Register on January 12, 2023.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.