88854 Federal Register / Vol. 88, No. 246 / Tuesday, December 26, 2023 / Proposed Rules 

the case to the Attorney General of the 

United States, or his or her delegate, for 

collection of the civil penalty. In any 

such action, the validity and 

appropriateness of the Order assessing 

the civil penalty shall not be subject to 

review. 

[FR Doc. 2023–27182 Filed 12–22–23; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

10 CFR Part 1021 

[DOE–HQ–2023–0063] 

RIN 1990–AA48 

National Environmental Policy Act 

Implementing Procedures; Extension 

of Comment Period 

AGENCY: Office of the General Counsel, 

Department of Energy. 

ACTION: Notice of proposed rulemaking; 

extension of comment period. 

SUMMARY: On November 16, 2023, the 

U.S. Department of Energy (DOE or the 

Department) published a notice of 

proposed rulemaking proposing to 

amend its implementing procedures 

(regulations) governing compliance with 

the National Environmental Policy Act 

(NEPA). DOE requested public 

comments by January 2, 2024. DOE is 

now extending the comment period 

until January 16, 2024, to allow the 

public additional review and 

submission time for any comments on 

the proposed changes. 

DATES: The comment period for the 

notice of proposed rulemaking 

published on November 16, 2023 (88 FR 

78681) is extended. DOE must receive 

comments by January 16, 2024, to 

ensure consideration. 

ADDRESSES: Documents relevant to this 

proposed rulemaking are posted at 

www.regulations.gov (Docket: DOE–HQ– 

2023–0063). Documents posted to this 

docket include: the notice of proposed 

rulemaking and DOE’s Technical 

Support Document, which provides 

additional information regarding certain 

proposed changes and a redline/ 

strikeout version of affected sections of 

the DOE NEPA regulations indicating 

the changes in the proposed rule. 

Submit comments, labeled ‘‘DOE 

NEPA Implementing Procedures, RIN 

1990–AA48,’’ by one of the following 

methods: 

1. www.regulations.gov: Enter ‘‘Docket 

ID DOE–HQ–2023–0063’’ in the search 

box. Click on ‘‘Comment’’ to submit 

comments, which you may enter 

directly on the web page or by 

uploading in a file. 

2. Postal Mail: Mail comments to 

NEPA Rulemaking Comments, Office of 

NEPA Policy and Compliance (GC–54), 

U.S. Department of Energy, 1000 

Independence Avenue SW, Washington, 

DC 20585. Because security screening 

may delay mail sent through the U.S. 

Postal Service, DOE encourages 

electronic submittal of comments 

through www.regulations.gov. 

3. Email: send comments to DOENEPA-Rulemaking@hq.doe.gov. 

Instructions: For detailed instructions 

on submitting comments and additional 

information on the rulemaking process, 

see the ‘‘Public Participation— 

Submission of Comments’’ (section IV) 

of the SUPPLEMENTARY INFORMATION

section of DOE’s notice of proposed 

rulemaking. 

FOR FURTHER INFORMATION CONTACT: For 

questions concerning how to comment 

on this proposed rule, contact Ms. 

Carrie Abravanel, Office of NEPA Policy 

and Compliance, at DOE-NEPARulemaking@hq.doe.gov or (202) 586– 

4600. 

SUPPLEMENTARY INFORMATION: On 

November 16, 2023, the U.S. 

Department of Energy (DOE or the 

Department) published a notice of 

proposed rulemaking proposing to 

amend its implementing procedures 

(regulations) governing compliance with 

the National Environmental Policy Act 

(NEPA) (88 FR 78681). The proposed 

changes would add a categorical 

exclusion for certain energy storage 

systems and revise categorical 

exclusions for upgrading and rebuilding 

transmission lines and for solar 

photovoltaic systems, as well as make 

conforming changes to related sections 

of DOE’s NEPA regulations. 

DOE has decided to extend the public 

comment period for 14 days to allow for 

additional review and submission time. 

Therefore, the public comment period 

for the notice of proposed rulemaking 

will now close on January 16, 2024. 

Signing Authority 

This document of the Department of 

Energy was signed on December 20, 

2023, by Samuel T. 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 December 

20, 2023. 

Treena V. Garrett, 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

[FR Doc. 2023–28429 Filed 12–22–23; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2023–2360; Airspace 

Docket No. 23–AEA–24] 

RIN 2120–AA66 

Amendment of Class D and Class E 

Airspace; Huntington, WV 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

amend Class D airspace and E airspace 

extending upward from 700 feet above 

the surface for Tri-State/Milton J. 

Ferguson Field, Huntington, WV, and 

removes unnecessary verbiage from the 

descriptor header. 

DATES: Comments must be received on 

or before February 9, 2024. 

ADDRESSES: Send comments identified 

by FAA Docket No. FAA–2023–2360 

and Airspace Docket No. 23–AEA–24 

using any of the following methods: 

* Federal eRulemaking Portal: Go to 

www.regulations.gov and follow the 

online instructions to send your 

comments electronically. 

* Mail: Send comments to Docket 

Operations, M–30; U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE, Room W12–140, West 

Building Ground Floor, Washington, DC 

20590–0001. 

* Hand Delivery or Courier: Take 

comments to Docket Operations in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue SE, Washington, DC, between 9 

a.m. and 5 p.m., Monday through 

Friday, except for Federal holidays. 

* Fax: Fax comments to Docket 

Operations at (202) 493–2251. 

Docket: Background documents or 

comments received may be read at 

www.regulations.gov anytime. Follow 

the online instructions for accessing the 

docket or go to the Docket Operations in 

Room W12–140 of the West Building 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 88, No. 246 / Tuesday, December 26, 2023 / Proposed Rules 88855 

Ground Floor at 1200 New Jersey 

Avenue SE, Washington, DC, between 9 

a.m. and 5 p.m., Monday through 

Friday, except for Federal holidays. 

FAA Order JO 7400.11H Airspace 

Designations and Reporting Points and 

subsequent amendments can be viewed 

online at www.faa.gov/air_traffic/ 

publications/. You may also contact the 

Rules and Regulations Group, Office of 

Policy, Federal Aviation 

Administration, 800 Independence 

Avenue SW, Washington, DC 20591; 

telephone: (202) 267–8783. 

FOR FURTHER INFORMATION CONTACT: 

Justin T. Rhodes, Operations Support 

Group, Eastern Service Center, Federal 

Aviation Administration, 1701 

Columbia Avenue, College Park, GA 

30337; Telephone: (404) 305–5478. 

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle I, Section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. This rulemaking is 

promulgated under the authority 

described in Subtitle VII, Part A, 

Subpart I, Section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This regulation is within the 

scope of that authority, as it would 

amend Class D and E airspace in 

Huntington, WV. An airspace evaluation 

determined that this update is necessary 

to support IFR operations in the area. 

Comments Invited 

The FAA invites interested persons to 

participate in this rulemaking by 

submitting written comments, data, or 

views. Comments are specifically 

invited on the proposal’s overall 

regulatory, aeronautical, economic, 

environmental, and energy-related 

aspects. The most helpful comments 

reference a specific portion of the 

proposal, explain the reason for any 

recommended change, and include 

supporting data. To ensure the docket 

does not contain duplicate comments, 

commenters should submit only once if 

comments are filed electronically, or 

commenters should send only one copy 

of written comments if comments are 

filed in writing. 

The FAA will file in the docket all 

comments it receives and a report 

summarizing each substantive public 

contact with FAA personnel concerning 

this proposed rulemaking. Before acting 

on this proposal, the FAA will consider 

all comments it receives on or before the 

closing date for comments. The FAA 

will consider comments filed after the 

comment period has closed if it is 

possible without incurring expense or 

delay. The FAA may change this 

proposal in light of the comments it 

receives. 

Privacy: In accordance with 5 U.S.C. 

553(c), the DOT solicits comments from 

the public to improve its rulemaking 

process. DOT posts these comments, 

without edit, including any personal 

information the commenter provides, to 

www.regulations.gov, as described in 

the system of records notice (DOT/ALL– 

14 FDMS), which can be reviewed at 

www.dot.gov/privacy. 

Availability of Rulemaking Documents 

An electronic copy of this document 

may be downloaded through the 

internet at www.regulations.gov. 

Recently published rulemaking 

documents can be accessed through the 

FAA’s web page at www.faa.gov/air_

traffic/publications/airspace_

amendments/. 

You may review the public docket 

containing the proposal, any comments 

received, and any final disposition in 

person in the Dockets Office (see 

ADDRESSES section for address and 

phone number) between 9:00 a.m. and 

5:00 p.m., Monday through Friday, 

except for Federal holidays. An informal 

docket may also be examined between 

8:00 a.m. and 4:30 p.m., Monday 

through Friday, except on federal 

holidays at the office of the Eastern 

Service Center, Federal Aviation 

Administration, Room 350, 1701 

Columbia Avenue, College Park, GA 

30337. 

Incorporation by Reference 

Class D and Class E airspace 

designations are published in 

Paragraphs 5000 and 6005 of FAA Order 

JO 7400.11, Airspace Designations and 

Reporting Points, which is incorporated 

by reference in 14 CFR 71.1 annually. 

This document proposes to amend the 

current version of that order, FAA Order 

JO 7400.11H, dated August 11, 2023, 

effective September 15, 2023. These 

updates will be published in the next 

FAA Order JO 7400.11 update. That 

order is publicly available as listed in 

the ADDRESSES section of this document. 

FAA Order JO 7400.11H lists Class A, 

B, C, D, and E airspace areas, air traffic 

service routes, and reporting points. 

The Proposal 

The FAA proposes an amendment to 

14 CFR part 71 to amend Class D 

airspace by adding that airspace 

extending upward from the surface 

within 1 mile on each side of the TriState/Milton J. Ferguson Field 112° 

bearing extending from the 4-mile 

radius to 5.7 southeast of the airport and 

292° bearing from the airport extending 

from the 4-mile radius to 5.8 miles 

northwest of the airport. 

The Class E airspace extending from 

700 feet above the surface would be 

amended by increasing the radius to 8.3 

miles (previously 8.2 miles) and adding 

that airspace within 2 miles on each 

side of the Tri-State/Milton J. Ferguson 

Field 112° bearing extending from the 

8.3-mile radius to 10.2 miles southeast 

of the airport. 

The Tri-State/Milton J. Ferguson Field 

Class D and Class E airspace would be 

amended, in accordance with the 

7400.2, by removing the city name from 

the descriptor header. 

Controlled airspace is necessary for 

the safety and management of 

instrument flight rules (IFR) operations 

in the area. 

Regulatory Notices and Analyses 

The FAA has determined that this 

proposed regulation only involves an 

established body of technical 

regulations for which frequent and 

routine amendments are necessary to 

keep them operationally current. It, 

therefore, (1) is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866; (2) is not a ‘‘significant 

rule’’ under Department of 

Transportation (DOT) Regulatory 

Policies and Procedures (44 FR 11034; 

February 26, 1979); and (3) does not 

warrant preparation of a regulatory 

evaluation as the anticipated impact is 

so minimal. Since this is a routine 

matter that will only affect air traffic 

procedures and air navigation, it is 

certified that this proposed rule, when 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

Environmental Review 

This proposal will be subject to an 

environmental analysis per FAA Order 

1050.1F, ‘‘Environmental Impacts: 

Policies and Procedures,’’ before any 

FAA final regulatory action. 

Lists of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 14 CFR part 71 as 

follows: 


khammond on DSKJM1Z7X2PROD with PROPOSALS
88856 Federal Register / Vol. 88, No. 246 / Tuesday, December 26, 2023 / Proposed Rules 

1https://www.acquisition.gov/archives/change138-gsam-case-2021-g528. 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g); 40103, 

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order JO 7400.11H, 

Airspace Designations and Reporting 

Points, dated August 11, 2023, and 

effective September 15, 2023, is 

amended as follows: 

Paragraph 5000 Class D Airspace. 

* * * * * 

AEA WV D, Huntington, WV [Amended] 

Tri-State/Milton J. Ferguson Field, WV 

(Lat. 38°22′00′′ N, long. 82°33′29′′ W) 

That airspace extending upward from the 

surface to and including 3,400 feet MSL 

within a 4-mile radius of Tri-State/Milton J. 

Ferguson Field and 1 mile each side of the 

airport’s 292° bearing extending from the 4- 

mile radius to 5.8 miles northwest of the 

airport and 1 mile each side of the airport’s 

112° bearing extending from the 4-mile 

radius to 5.7 miles southeast of the airport. 

* * * * * 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

AEA WV E5, Huntington, WV [Amended] 

Tri-State/Milton J. Ferguson Field, WV 

(Lat. 38°22′01′′ N, long. 82°33′31′′ W) 

That airspace extending upward from 700 

feet above the surface within an 8.3-mile 

radius of the Tri-State/Milton J Ferguson 

Field Airport and 2 miles on each side of the 

airport’s 112° bearing extending from the 8.3- 

mile radius to 10.2 miles southeast of the 

airport. 

* * * * * 

Issued in College Park, Georgia, on 

December 18, 2023. 

Andreese C. Davis, 

Manager, Airspace & Procedures Team South, 

Eastern Service Center, Air Traffic 

Organization. 

[FR Doc. 2023–28308 Filed 12–22–23; 8:45 am] 

BILLING CODE 4910–13–P 

GENERAL SERVICES 

ADMINISTRATION 

48 CFR Parts 502, 538, and 552 

[GSAR Case 2022–G517; Docket No. GSA– 

GSAR–2023–0028; Sequence No. 1] 

RIN 3090–AK60 

General Services Administration 

Acquisition Regulation; Reduction of 

Single-Use Plastic Packaging 

AGENCY: Office of Acquisition Policy, 

General Services Administration (GSA). 

ACTION: Proposed rule. 

SUMMARY: The General Services 

Administration is proposing to amend 

the General Services Administration 

Acquisition Regulation (GSAR) to add a 

new provision and clause to identify 

single-use plastic free (SUP-free) 

packaging availability for products 

under the Federal Supply Schedules 

with the goal of reducing single-use 

plastic packaging. 

DATES: Interested parties should submit 

written comments to the Regulatory 

Secretariat Division at the address 

shown below on or before February 26, 

2024 to be considered in the formation 

of the final rule. 

ADDRESSES: Submit comments in 

response to GSAR Case 2022–G517 to: 

Regulations.gov: https:// 

www.regulations.gov via the Federal 

eRulemaking portal by searching for 

‘‘GSAR Case 2022–G517’’. Select the 

link ‘‘Comment Now’’ that corresponds 

with GSAR Case 2022–G517. Follow the 

instructions provided at the ‘‘Comment 

Now’’ screen. Please include your name, 

company name (if any), and ‘‘GSAR 

Case 2022–G517’’ on your attached 

document. If your comment cannot be 

submitted using https:// 

www.regulations.gov, call or email the 

points of contact in the FOR FURTHER

INFORMATION CONTACT section of this 

document for alternate instructions. 

Instructions: Please submit comments 

only and cite GSAR Case 2022–G517, in 

all correspondence related to this case. 

Comments received generally will be 

posted without change to https:// 

www.regulations.gov, including any 

personal and/or business confidential 

information provided. To confirm 

receipt of your comment(s), please 

check https://www.regulations.gov, 

approximately two-to-three days after 

submission to verify posting. 

FOR FURTHER INFORMATION CONTACT: For 

clarification of content, contact Ms. 

Adina Torberntsson, Procurement 

Analyst, at gsarpolicy@gsa.gov or 720– 

475–0568. For information pertaining to 

status or publication schedules, contact 

the Regulatory Secretariat at gsaregsec@

gsa.gov or 202–501–4755. Please cite 

GSAR Case 2022–G517. 

SUPPLEMENTARY INFORMATION: 

I. Background 

As one of the largest Federal 

purchasing agencies, the General 

Services Administration (GSA) 

purchases an enormous variety of 

different products. Despite product 

diversity, one element that is consistent 

across these acquisitions is the presence 

of product packaging and shipment 

packaging. Single-use plastic packaging 

has an additional cost that is often built 

into the proposed price, or the price is 

later realized in the cost of waste 

management. In addition, the cost of 

cleaning up environmental pollution 

and the cost of impacts to human health 

created by single-use plastics are often 

not accounted for in the price of the 

product. 

A large portion of plastic waste comes 

from plastic packaging alone, and much 

of this packaging is designed to be used 

only once. This rule represents a small 

step in addressing the larger problem of 

too much plastic waste. 

GSA amended internal policy 

guidance in the GSA Acquisition 

Manual (GSAM) Change 138, Case 

2021–G528 1 to address acquisition 

planning as it relates to waste, sourcing, 

efficiency, and content management. 

GSA is now seeking a regulatory action 

that will be applied to its Federal 

Supply Schedules (FSS). 

Multiple factors contributed to the 

decision to propose this regulatory 

action. These factors include: (a) 

existing policy and guidance, (b) GSA 

Acquisition Policy Federal Advisory 

Committee (GAP FAC) 

recommendations, (c) Advanced Notice 

of Proposed Rule (ANPR) public 

comments, and (d) current industry 

practices. More detailed information is 

provided below on the various 

information reviewed in the 

development of this rule. 

Objectives 

This proposed rule addresses the 

following: 

• Defines SUP-free packaging and 

single-use plastic packaging in 502.101 

Definitions. 

• Adds a new FSS provision to 

identify SUP-free packaging at 552.238– 

XXX. This provision requires the offeror 

to identify whether they do or do not 

offer SUP-free packaging. If the offeror 

provides SUP-free packaging, it will also 

identify whether the SUP-free packaging 


khammond on DSKJM1Z7X2PROD with PROPOSALS