Rule2024-29062
Mandatory Transmission and Distribution Planning Support Activities
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
December 12, 2024
Effective
December 12, 2024
Issuing agencies
Energy Department
Abstract
The U.S. Department of Energy (DOE) published an interim final rule on April 29, 2024, that amends the State Energy Program (SEP) regulations to incorporate certain changes made to the DOE-administered formula grant program by the Infrastructure Investment and Jobs Act of 2021. DOE is adopting the interim final rule as final without changes.
Full Text
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<title>Federal Register, Volume 89 Issue 239 (Thursday, December 12, 2024)</title>
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[Federal Register Volume 89, Number 239 (Thursday, December 12, 2024)]
[Rules and Regulations]
[Pages 100301-100302]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-29062]
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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. 89, No. 239 / Thursday, December 12, 2024 /
Rules and Regulations
[[Page 100301]]
DEPARTMENT OF ENERGY
10 CFR Part 420
RIN 1930-AA01
Mandatory Transmission and Distribution Planning Support
Activities
AGENCY: Office of State and Community Energy Programs, State Energy
Program, Department of Energy.
ACTION: Final rule.
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SUMMARY: The U.S. Department of Energy (DOE) published an interim final
rule on April 29, 2024, that amends the State Energy Program (SEP)
regulations to incorporate certain changes made to the DOE-administered
formula grant program by the Infrastructure Investment and Jobs Act of
2021. DOE is adopting the interim final rule as final without changes.
DATES: This rule is effective on December 12, 2024.
FOR FURTHER INFORMATION CONTACT: Ari Gerstman, U.S. Department of
Energy, Office of State and Community Energy Programs, State Energy
Program, SCEP-30; 1000 Independence Avenue SW, Washington, DC 20585-
0121; or Telephone: (240) 388-5805; or Email: <a href="/cdn-cgi/l/email-protection#d6b7a4bff8b1b3a4a5a2bbb7b896bea7f8b2b9b3f8b1b9a0"><span class="__cf_email__" data-cfemail="f594879cdb929087868198949bb59d84db919a90db929a83">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Authority and Background
The U.S. Department of Energy's State Energy Program provides
financial assistance in the form of formula grants to States, U.S.
territories, and the District of Columbia (hereinafter referred to as
States) \1\ for a wide variety of energy efficiency and renewable
energy initiatives authorized under the Energy Policy and Conservation
Act (EPCA) (Pub. L. 94-163), as amended. 42 U.S.C. 6321 et seq. Section
40109(a)(3) of the Infrastructure Investment and Jobs Act (IIJA 2021)
(Pub. L. 117-58) amended Section 362(c) of EPCA, which pertains to the
mandatory features of State energy conservation plans. 42 U.S.C.
6322(c). The submission of such plans is required for a State's
participation in SEP and receipt of a formula grant.
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\1\ Per 10 CFR 420.2, ``state'' means a State, the District of
Columbia, Puerto Rico, or any territory or possession of the United
States.
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II. Discussion
On April 29, 2024, DOE issued an interim final rule that amended
SEP regulations in part 420 of title 10 of the Code of Federal
Regulations to incorporate the IIJA 2021 amendments. 89 FR 33194. As
discussed in the interim final rule, section 40109 of IIJA 2021 amended
section 362(c) of EPCA to include a new paragraph (7) that mandates the
inclusion of transmission and distribution planning support activities
into States' energy conservation plans.\2\ 42 U.S.C. 6322(c). DOE
amended 10 CFR 420.15 to include a new paragraph (g) adopting statutory
requirement verbatim. DOE also revised the reference to the EPCA
included in the 10 CFR part 420 authority line from Part D to Part B
through the interim final rule.
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\2\ The mandatory plan features include ``the mandatory conduct
of activities to support transmission and distribution planning,
including--(A) support for local governments and Indian Tribes; (B)
feasibility studies for transmission line routes and alternatives;
(C) preparation of necessary project design and permits; and (D)
outreach to affected stakeholders.'' 42 U.S.C. 6322(c)(7).
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DOE issued the interim final rule without prior notice and
opportunity for public comment for two reasons. First, because the
Administrative Procedure Act's (APA) requirements for notice and public
comment do not apply ``to the extent that there is involved . . . a
matter related to agency . . . grants, benefits, or contracts.'' 5
U.S.C. 553(a)(2), emphasis added. SEP is a program that provides
formula and competitive grants, as well as technical assistance to
States to enhance energy security, advance State-led energy
initiatives, and increase energy affordability.
Second, the rulemaking covered a nondiscretionary action because
DOE adopted the section 40109(a)(3) of IIJA 2021 amendment without
further substantive change in SEP's regulations. A more comprehensive
discussion is available in section II of the interim final rule.
In response to the interim final rule, SEP received no comments.
Because DOE did not receive any comments in response to the interim
final rule, the interim final rule is adopted as final without change.
For the reasons stated in this document, SEP is finalizing the interim
final rule without change.
III. Procedural Requirements
A. Review Under Executive Orders 12866, 13563, and 14094
This final rule has been determined not to be a ``significant
regulatory action'' under E.O. 12866, Regulatory Planning and Review,
58 FR 51735 (October 4, 1993) as supplemented and reaffirmed by E.O.
13563, ``Improving Regulation and Regulatory Review,'' 76 FR 3821
(January 21, 2011) and amended by E.O. 14094, ``Modernizing Regulatory
Review,'' 88 FR 21879 (April 11, 2023). Accordingly, this rule was not
subject to review under the E.O. by the Office of Information and
Regulatory Affairs (OIRA) within the Office of Management and Budget
(OMB).
B. Administrative Procedure Act
The APA, 5 U.S.C. 551 et seq., generally requires public notice and
an opportunity for comment before a rule becomes effective. 5 U.S.C.
553(b)-(c). However, the APA provides that the requirements of 5 U.S.C.
553 do not apply ``to the extent that there is involved . . . a matter
relating to agency . . . grants, benefits, or contracts.'' The interim
final rule amended SEP's regulations to include the new mandatory State
energy conservation plan features established by section 40109(a) of
the IIJA 2021, which amended SEP's State energy conservation plan
requirements. States applying for SEP grants are required to submit
plans that consider these, and the other mandatory features established
in statute and codified in SEP's regulations. Because the rulemaking
amended SEP's regulations at 10 CFR 420.15 to include features States
must satisfy to receive a grant from SEP, the APA's general notice and
comment requirements do not apply.
C. Congressional Notification
As required by 5 U.S.C. 801, DOE will report to Congress on the
promulgation of this rule prior to its effective date. The report will
state that it has been
[[Page 100302]]
determined that the rule is not a ``major rule'' as defined by 5 U.S.C.
804(2).
III. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this final
rule.
List of Subjects in 10 CFR Part 420
Energy conservation, Grant programs--energy, Technical assistance.
Signing Authority
This document of the Department of Energy was signed on December 5,
2024, by David Crane, Under Secretary for Infrastructure, 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 December 6, 2024.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
PART 420--STATE ENERGY PROGRAM
0
Accordingly, the interim final rule amending 10 CFR 420.15, which was
published at 89 FR 33194 on April 29, 2024, is adopted as final without
change.
[FR Doc. 2024-29062 Filed 12-11-24; 8:45 am]
BILLING CODE 6450-01-P
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