75530 Federal Register / Vol. 88, No. 212 / Friday, November 3, 2023 / Proposed Rules 

List of Subjects in 30 CFR Part 950 

Intergovernmental relations, Required 

program amendments, State regulatory 

program approval, State-Federal 

cooperative agreement, Surface mining, 

Underground mining. 

David A. Berry, 

Regional Director, Unified Regions 5, 7–11. 

[FR Doc. 2023–24272 Filed 11–2–23; 8:45 am] 

BILLING CODE 4310–05–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

36 CFR Part 251 

RIN 0596–AD55 

Land Uses; Special Uses; Carbon 

Capture and Storage Exemption 

AGENCY: Forest Service, USDA. 

ACTION: Proposed rule; request for 

public comment. 

SUMMARY: The United States Department 

of Agriculture, Forest Service (Forest 

Service or Agency), is proposing to 

amend its special use regulations, which 

prohibit authorizing exclusive and 

perpetual use and occupancy of 

National Forest System lands, to 

provide an exemption for carbon 

capture and storage. The Forest Service 

is also proposing to add a definition for 

‘‘Carbon capture and storage.’’ 

DATES: Comments on this proposed rule 

must be received in writing by January 

2, 2024. 

ADDRESSES: Comments, identified by 

RIN 0596–AD55, should be sent via one 

of the following methods: 

• Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

instructions for sending comments; 

• Mail: Director, Lands, Minerals, and 

Geology Management Staff, 201 14th 

Street SW, Washington, DC 20250–1124; 

or 

• Hand Delivery/Courier: Director, 

Lands, Minerals, and Geology 

Management Staff, 1st Floor Southeast, 

201 14th Street SW, Washington, DC 

20250–1124. 

Comments should be confined to 

issues pertinent to the proposed rule, 

should explain the reasons for any 

recommended changes, and should 

reference the specific section and 

wording being addressed, where 

possible. All timely comments, 

including names and addresses when 

provided, will be placed in the record 

and will be available for public 

inspection and copying. The public may 

inspect comments received on this 

proposed rule at the Office of the 

Director, Lands, Minerals, and Geology 

Management Staff, 1st Floor Southeast, 

Sidney R. Yates Federal Building, 201 

14th Street SW, Washington, DC, on 

business days between 8:30 a.m. and 4 

p.m. Visitors are encouraged to call 

ahead at 202–205–1680 to facilitate 

entry into the building. Comments may 

also be viewed on the Federal 

eRulemaking Portal at https://

www.regulations.gov. In the search box, 

enter ‘‘RIN 0596–AD55,’’ and click the 

‘‘Search’’ button. 

FOR FURTHER INFORMATION CONTACT: 

Mark Chandler, Realty Specialist, 

Washington Office Lands, Minerals, and 

Geology Management Staff, 202–205– 

1117 or mark.chandler@usda.gov. 

Individuals who use telecommunication 

devices for the hearing impaired may 

call the Federal Relay Service at 800– 

877–8339 between 8 a.m. and 8 p.m., 

Eastern Time, Monday through Friday. 

SUPPLEMENTARY INFORMATION: The Forest 

Service administers approximately 

74,000 special use authorizations for use 

and occupancy of National Forest 

System (NFS) lands for a wide variety 

of purposes, including powerline 

facilities, communications facilities, 

outfitting and guiding, campground 

concessions, and resorts. The activities 

and facilities authorized by special use 

authorizations contribute significantly 

to the national economy and the social 

and economic foundation of rural 

communities. 

To obtain a special use authorization 

for a new use or activity, a proponent 

must submit a special use proposal 

which meets two sets of screening 

criteria in the Agency’s existing special 

uses regulations at 36 CFR 251.54(e)(1) 

and (5). If the proposal meets all the 

screening criteria, the proponent may 

submit a special use application for 

evaluation by the Forest Service. Per the 

existing initial screening criterion at 36 

CFR 251.54(e)(1)(iv), the Forest Service 

may not authorize exclusive and 

perpetual use and occupancy of NFS 

lands. 

Carbon capture and storage entail 

injecting and storing carbon dioxide in 

pore spaces below the surface of the 

earth. Pore spaces are subsurface 

geological formations that can be used 

to store fluids from mining, 

manufacturing, and other industrial 

processes. Typically, the United States 

owns the pore spaces below the surface 

of NFS lands. Storing carbon dioxide in 

pore spaces is intended to mitigate 

greenhouse gas emissions and is 

performed via Class VI underground 

injection control wells. Carbon dioxide 

injected in pore spaces may remain for 

over 1,000 years after injection and 

would be tantamount to an exclusive 

and perpetual use and occupancy if 

authorized on NFS lands. Therefore, the 

Forest Service is proposing to amend 

the initial screening criterion at 36 CFR 

251.54(e)(1)(iv) that prohibits 

authorizing exclusive and perpetual use 

and occupancy of NFS lands to provide 

an exemption for carbon capture and 

storage. The Forest Service is also 

proposing a definition for ‘‘carbon 

capture and storage’’ in 36 CFR 251.51. 

The United States Environmental 

Protection Agency (EPA) has excluded 

carbon capture and storage from 

classification as a hazardous waste (40 

CFR 261.4(h)) if carbon dioxide is 

captured, transported, and stored in 

compliance with the requirements for 

Class VI Underground Injection Control 

wells and the requirements in 40 CFR 

parts 144 and 146 of the Underground 

Injection Control Program of the Safe 

Drinking Water Act, including the 

requirements for EPA authorization by 

rule or by permit. A Class VI 

Underground Injection Control well is 

used to inject carbon dioxide into deep 

rock formations. Before issuing a permit 

for a Class VI Underground Injection 

Control well, the EPA conducts a 

detailed technical review to ensure that 

the area around the proposed location 

for the well does not have abandoned 

wells that could leak carbon dioxide 

and to determine whether the well 

would be constructed in a manner that 

would protect it from seismic activity 

and from leaking carbon dioxide into 

the groundwater (40 CFR parts 144 and 

146, Underground Injection Control 

(UIC) Program Class VI Implementation 

Manual for UIC Program Directors). 

The proposed rule would define 

‘‘carbon capture and storage’’ as ‘‘the 

capture, transportation, injection, and 

storage of carbon dioxide in subsurface 

pore spaces in such a manner as to 

qualify the carbon dioxide stream for 

the exclusion from classification as a 

‘hazardous waste’ pursuant to United 

States Environmental Protection Agency 

regulations at 40 CFR 261.4(h).’’ 

Therefore, carbon capture and storage 

authorized under the proposed rule 

would not constitute a hazardous waste 

and would not be inconsistent with the 

initial screening criterion at 36 CFR 

251.54(e)(1)(ix) that prohibits 

authorizing storage of hazardous 

substances on NFS lands. 

To protect public health and 

underground sources of drinking water 

for these wells, including for those that 

may be sited on NFS lands, the EPA 

regulates all aspects of the wells, 

including siting, construction, injection 

operations, testing and monitoring, 


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Federal Register / Vol. 88, No. 212 / Friday, November 3, 2023 / Proposed Rules 75531 

emergency response, financial 

responsibility, and plugging and closure 

of the wells and injection sites through 

permitting, site inspections, required 

reporting, and compliance reviews. The 

public may comment on proposed 

permits for Class VI Underground 

Injection Control wells, as well as 

request and attend public hearings and 

in some cases file appeals with EPA’s 

Environmental Appeals Board regarding 

permits for Class VI Underground 

Injection Control wells. 

Carbon capture and storage can be 

used to reduce carbon dioxide 

emissions to the atmosphere. Possible 

sources of carbon dioxide include point 

source emissions from industrial 

facilities, energy production, and direct 

air capture from the atmosphere. 

Authorizing carbon capture and storage 

on NFS lands would support the 

Administration’s goal to reduce 

greenhouse gas emissions by 50 percent 

below the 2005 levels by 2030. 

The proposed rule would not 

authorize carbon capture and storage on 

NFS lands. Rather, the proposed rule 

would exempt proposals for carbon 

capture and storage from the initial 

screening criterion prohibiting 

authorization of exclusive use and 

occupancy of NFS lands, thereby 

allowing the Forest Service to review 

proposals and applications for carbon 

capture and storage and to authorize 

proposed carbon capture and storage on 

NFS lands if, where, and as deemed 

appropriate by the Agency. An 

exemption for the exclusive and 

perpetual use and occupancy for carbon 

capture and storage on NFS lands would 

be consistent with the intent of EPA’s 

Class VI Well permitting requirement 

for injecting carbon dioxide for the 

primary purpose of long-term storage. 

No other type of exclusive and 

perpetual use and occupancy would be 

authorized on NFS lands under the 

proposed rule. 

Proposals for underground storage of 

carbon dioxide would have to meet all 

other screening criteria, including but 

not limited to consistency with the 

applicable land management plan, 

potential risks to public health or safety, 

conflicts or interference with authorized 

uses of NFS lands or use of adjacent 

non-NFS lands. Accepted applications 

for carbon capture and storage would be 

subject to the requisite environmental 

analysis. 

Regulatory Certifications 

Regulatory Planning and Review 

(Executive Orders 12866 and 13563) 

Consistent with Executive Order 

(E.O.) 12866, the Office of Information 

and Regulatory Affairs (OIRA) in the 

Office of Management and Budget will 

determine whether proposed, interim, 

and final rules that impose, eliminate, 

or modify requirements on non-Forest 

Service parties are significant and will 

review any proposed, interim, or final 

rules that OIRA has designated as 

significant. This proposed rule has been 

designated as nonsignificant by OIRA. 

E.O. 13563 reaffirms the principles of 

E.O. 12866 while calling for 

improvements in the nation’s regulatory 

system to promote predictability, to 

reduce uncertainty, and to use the best, 

most innovative, and least burdensome 

tools for achieving regulatory ends. The 

Forest Service has developed the 

proposed rule consistent with E.O. 

13563. 

Congressional Review Act 

Pursuant to Subtitle E of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (known as the 

Congressional Review Act) (5 U.S.C. 801 

et seq.), OIRA has designated this 

proposed rule as not a major rule as 

defined by 5 U.S.C. 804(2). 

National Environmental Policy Act 

This proposed rule would amend the 

Forest Service’s special use regulations 

at 36 CFR 251.54(e)(1)(iv), which 

prohibits authorizing exclusive and 

perpetual use and occupancy of NFS 

lands, to provide an exemption for 

carbon capture and storage. Forest 

Service regulations at 36 CFR 

220.6(d)(2) exclude from documentation 

in an environmental assessment or 

environmental impact statement ‘‘rules, 

regulations, or policies to establish 

service-wide administrative procedures, 

program processes, or instructions.’’ The 

Forest Service’s preliminary assessment 

is that this proposed rule falls within 

this category of actions and that no 

extraordinary circumstances exist which 

would require preparation of an 

environmental assessment or 

environmental impact statement. A final 

determination will be made upon 

adoption of the final rule. 

Regulatory Flexibility Act Analysis 

The Forest Service has considered the 

proposed rule under the requirements of 

the Regulatory Flexibility Act (5 U.S.C. 

602 et seq.). This proposed rule would 

not have any direct effect on small 

entities as defined by the Regulatory 

Flexibility Act. The proposed rule 

would not impose recordkeeping 

requirements on small entities; would 

not affect their competitive position in 

relation to large entities; and would not 

affect their cash flow, liquidity, or 

ability to remain in the market. 

Therefore, the Forest Service has 

determined that this proposed rule 

would not have a significant economic 

impact on a substantial number of small 

entities pursuant to the Regulatory 

Flexibility Act. 

Federalism 

The Forest Service has considered 

this proposed rule under the 

requirements of E.O. 13132, Federalism. 

The Forest Service has determined that 

the proposed rule conforms with the 

federalism principles set out in this 

E.O.; would not impose any compliance 

costs on the States; and would not have 

substantial direct effects on the States, 

on the relationship between the Federal 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, the 

Forest Service has concluded that this 

proposed rule would not have 

federalism implications. 

Consultation and Coordination With 

Indian Tribal Governments 

This proposed rule has been reviewed 

in accordance with the requirements of 

E.O. 13175, Consultation and 

Coordination with Indian Tribal 

Governments. E.O. 13175 requires 

Federal agencies to consult and 

coordinate with Tribes on a 

government-to-government basis on 

policies that have Tribal implications, 

including regulations, legislative 

comments or proposed legislation, and 

other policy statements or actions that 

have substantial direct effects on one or 

more Indian Tribes, on the relationship 

between the Federal Government and 

Indian Tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian Tribes. 

The Forest Service has determined that 

this proposed rule could have 

substantial direct effects on one or more 

Tribes and is subject to Tribal 

consultation per E.O. 13175 and Forest 

Service Handbook 1509.13. 

Accordingly, the Forest Service is 

conducting Tribal consultation on the 

proposed rule. 

Environmental Justice 

The Forest Service has considered the 

proposed rule under the requirements of 

E.O. 12898, Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low-Income 

Populations. The Forest Service has 

determined that the proposed rule is not 

expected to result in disproportionately 

high and adverse impacts on minority or 

low-income populations or the 

exclusion of minority and low-income 


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75532 Federal Register / Vol. 88, No. 212 / Friday, November 3, 2023 / Proposed Rules 

populations from meaningful 

involvement in decision making. 

No Takings Implications 

The Forest Service has analyzed this 

proposed rule in accordance with the 

principles and criteria in E.O. 12630, 

Governmental Actions and Interference 

with Constitutionally Protect Property 

Rights. The Forest Service has 

determined that the proposed rule 

would not pose the risk of a taking of 

private property. 

Energy Effects 

The Forest Service has reviewed this 

proposed rule under E.O. 13211, 

Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. The Forest Service 

has determined that the proposed rule 

would not constitute a significant 

energy action as defined in E.O. 13211. 

Civil Justice Reform 

The Forest Service has analyzed this 

proposed rule in accordance with the 

principles and criteria in E.O. 12988, 

Civil Justice Reform. After adoption of 

this proposed rule, (1) all State and local 

laws and regulations that conflict with 

this proposed rule or that impede its full 

implementation would be preempted; 

(2) no retroactive effect would be given 

to this proposed rule; and (3) it would 

not require administrative proceedings 

before parties may file suit in court 

challenging its provisions. 

Unfunded Mandates 

Pursuant to Title II of the Unfunded 

Mandates Reform Act of 1995 (2 U.S.C. 

1531–1538), signed into law on March 

22, 1995, the Forest Service has assessed 

the effects of the proposed rule on State, 

local, and Tribal governments and the 

private sector. This proposed rule 

would not compel the expenditure of 

$100 million or more by any State, 

Tribal, or local government or anyone in 

the private sector. Therefore, a 

statement under section 202 of the act 

is not required. 

Controlling Paperwork Burdens on the 

Public 

The proposed rule does not contain 

any recordkeeping or reporting 

requirements or other information 

collection requirements as defined in 5 

CFR part 1320 that are not already 

required by law or not already approved 

for use and therefore imposes no 

additional paperwork burden on the 

public. Accordingly, the review 

provisions of the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501 et seq.) and 

its implementing regulations at 5 CFR 

part 1320 do not apply. 

List of Subjects in 36 CFR Part 251 

Administrative practice and 

procedure, Alaska, Electric power, 

Mineral resources, National forests, 

Public lands-rights-of-way, Reporting 

and recordkeeping requirements, and 

Water resources. 

Therefore, for the reasons set forth in 

the preamble, the Forest Service 

proposes to amend 36 CFR part 251 as 

follows: 

PART 251—LAND USES 

Subpart B—Special Uses 

■ 1. The authority citation for part 251, 

subpart B, continues to read: 

Authority: 16 U.S.C. 460l-6a, 460l-6d, 472, 

497b, 497c, 551, 580d, 1134, 3210; 30 U.S.C. 

185; 43 U.S.C. 1740, 1761–1772. 

■ 2. Amend § 251.51 by adding a 

definition in alphabetical order for 

‘‘Carbon capture and storage’’ to read as 

follows: 

* * * * * 

Carbon capture and storage—the 

capture, transportation, injection, and 

storage of carbon dioxide in subsurface 

pore spaces in such a manner as to 

qualify the carbon dioxide stream for 

the exclusion from classification as a 

‘‘hazardous waste’’ pursuant to United 

States Environmental Protection Agency 

regulations at 40 CFR 261.4(h). 

* * * * * 

■ 3. Amend § 251.54 by revising 

paragraph (e)(1)(iv) to read as follows. 

§ 251.54 Proposal and application 

requirements and procedures. 

* * * * * 

(e) * * * 

(1) * * * 

(iv) The proposed use will not create 

an exclusive or perpetual right of use or 

occupancy, provided that the Forest 

Service may authorize exclusive and 

perpetual use and occupancy for carbon 

capture and storage in subsurface pore 

spaces. 

* * * * * 

Andrea Delgado Fink, 

Chief of Staff, Natural Resources and 

Environment. 

[FR Doc. 2023–24341 Filed 11–2–23; 8:45 am] 

BILLING CODE 3411–15–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 27 

[WT Docket No. 21–333; DA 23–999; FR ID 

181482] 

Mongoose Works, Ltd., 3.7–4.2 GHz 

Band Transition Clearinghouse 

Dispute Referrals and Appeals 

AGENCY: Federal Communications 

Commission. 

ACTION: Notification of hearing. 

SUMMARY: In this document, the 

Wireless Telecommunications Bureau 

(Bureau) of the Federal Communications 

Commission (Commission) grants 

Mongoose Works, Ltd.’s (Mongoose) 

Petition for De Novo Review (Petition), 

and commences a hearing in connection 

with the 3.7–4.2 GHz Band (C-band) 

Transition Relocation Payment 

Clearinghouse’s (RPC or clearinghouse) 

decision which adjusted downward part 

of Mongoose’s reimbursement claim 

based upon its August 12, 2020 lump 

sum election. The issues designated for 

hearing are whether the Bureau erred in 

determining that Mongoose had not met 

its burden of proof to demonstrate that 

the RPC erred in its classification of, 

and reimbursement for, the two 

antennas at issue; whether the Bureau 

erred in separately determining that the 

RPC properly classified the two 

antennas at issue based on Commission 

guidance; and whether the reimbursed 

amount of $33,994 for the two antennas 

at issue should be adjusted to restore the 

disallowed amount of $69,686. 

DATES: Mongoose shall file a written 

appearance by November 9, 2023, 

stating its intention to appear on the 

date fixed for the hearing and present 

evidence on the issues specified in the 

Hearing Designation Order. 

ADDRESSES: Federal Communications 

Commission, 45 L St. NE, Washington, 

DC 20554. 

FOR FURTHER INFORMATION CONTACT: For 

additional information on this 

proceeding, contact Susan Mort of the 

Wireless Telecommunications Bureau, 

at (202) 418–2429 or Susan.Mort@

fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Hearing 

Designation Order, in WT Docket No. 

21–333, DA 23–999, adopted and 

released on October 20, 2023. The full 

text of this document is available for 

public inspection online at https://

docs.fcc.gov/public/attachments/DA-23- 

999A1.pdf. 

1. By this Hearing Designation Order, 

pursuant to §§ 0.131, 0.331, and 


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