Federal Register / Vol. 89, No. 177 / Thursday, September 12, 2024 / Proposed Rules 74161 

121See 73 FR 5272 (Jan. 29, 2008). 

substantial direct compliance costs or 

preempt State law. The direct 

compliance costs to States for 

implementation of REAL ID 

requirements were already accounted 

for in DHS 2008 final rule.121 In fact, the 

proposed rule is responsive to concerns 

expressed by State agencies regarding 

the upcoming deadline and would 

potentially provide States’ residents 

more time to obtain a REAL IDcompliant DL/ID if agencies determine 

to implement card-based enforcement 

through a phased approach. The key 

impact of the rulemaking is to allow 

Federal agencies the authority to 

provide a phased enforcement 

approach. DHS has determined that the 

proposed rule is consistent with E.O. 

13132. 

D. Executive Order 13175 (Tribal 

Consultation) 

This proposed rule does not have 

tribal implications under E.O. 13175, 

‘‘Consultation and Coordination with 

Indian Tribal Governments,’’ because it 

does not have a substantial direct effect 

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. 

E. Environmental Analysis 

DHS reviews actions to determine 

whether National Environmental Policy 

Act (NEPA) applies to them and, if so, 

what degree of analysis is required. DHS 

Directive 023–01 Rev. 01 (Directive) and 

Instruction Manual 023–01–001–01 Rev. 

01 (Instruction Manual) establishes the 

procedures that DHS and its 

components use to comply with NEPA 

and the Council on Environmental 

Quality (CEQ) regulations for 

implementing NEPA, 40 CFR parts 1500 

through 1508. 

The CEQ regulations allow Federal 

agencies to establish, with CEQ review 

and concurrence, categories of actions 

(‘‘categorical exclusions’’) which 

experience has shown do not 

individually or cumulatively have a 

significant effect on the human 

environment and, therefore, do not 

require an environmental assessment or 

environmental impact statement. 40 

CFR 1507.3(b)(2)(ii), 1508.4. For an 

action to be categorically excluded, it 

must satisfy each of the following three 

conditions: (1) the entire action clearly 

fits within one or more of the categorical 

exclusions; (2) the action is not a piece 

of a larger action; and (3) no 

extraordinary circumstances exist that 

create the potential for a significant 

environmental effect. Instruction 

Manual section V.B(2)(a)–(c). 

The clarification and notice provided 

by this proposed rule fits within 

categorical exclusion A3(d) 

‘‘Promulgation of rules...that interpret or 

amend an existing regulation without 

changing its environmental effect.’’ 

Instruction Manual, appendix A, table 1. 

Furthermore, the proposed rule is not 

part of a larger action and presents no 

extraordinary circumstances creating 

the potential for significant 

environmental impacts. Therefore, the 

proposed rule is categorically excluded 

from further NEPA review. 

F. Energy Impact Analysis 

The energy impact of this rulemaking 

has been assessed in accordance with 

the Energy Policy and Conservation Act 

(EPCA), Public Law 94–163, as amended 

(42 U.S.C. 6362). DHS has determined 

that this rulemaking would not be a 

major regulatory action under the 

provisions of the EPCA. 

List of Subjects in 6 CFR Part 37 

Document security, Driver’s licenses, 

Identification cards, Motor vehicle 

administrations, Physical security. 

For the reasons set forth above, the 

Department of Homeland Security 

proposes to amend 6 CFR part 37 as 

follows: 

PART 37—REAL ID DRIVER’S 

LICENSES AND IDENTIFICATION 

CARDS 

■ 1. The authority citation for part 37 

continues to read as follows: 

Authority: 49 U.S.C. 30301 note; 6 U.S.C. 

111, 112. 

■ 2. Amend § 37.5 by revising 

paragraphs (b) and (c) and adding 

paragraph (d) and (e) to read as follows: 

§ 37.5 Validity periods and deadlines for 

REAL ID driver’s licenses and identification 

cards. 

* * * * * 

(b) Except as provided in paragraph 

(d) of this section, on or after May 7, 

2025, Federal agencies shall not accept 

a driver’s license or identification card 

for official purposes from any 

individual unless such license or card is 

a REAL ID-compliant driver’s license or 

identification card issued by a State that 

has been determined by DHS to be in 

full compliance as defined under this 

subpart. 

(c) Through the end of May 6, 2025, 

Federal agencies may accept for official 

purposes a driver’s license or 

identification card issued under § 37.71. 

Except as provided in paragraph (d) of 

this section, on or after May 7, 2025, 

Federal agencies shall not accept for 

official purposes a driver’s license or 

identification card issued under § 37.71. 

(d) Federal agencies may implement 

the requirements of paragraphs (b) and 

(c) of this section through a phased 

enforcement plan if the agency 

determines phased implementation is 

appropriate. Federal agencies that 

implement phased enforcement plans 

authorized by this paragraph (d) must: 

(1) Make a determination that a 

phased enforcement plan is appropriate 

in consideration of relevant factors 

including security, operational 

feasibility, and public impact; 

(2) Coordinate the phased 

enforcement plan with DHS; 

(3) Make the phased enforcement plan 

publicly available on the agency’s web 

page; and 

(4) Achieve full enforcement of the 

requirements of paragraphs (b) and (c) of 

this section no later than May 5, 2027. 

(e) DHS will make publicly available 

a list of agencies that have coordinated 

phased enforcement plans with DHS 

pursuant to paragraph (d) of this 

section. 

Dated: September 6, 2024. 

David P. Pekoske, 

Administrator. 

[FR Doc. 2024–20616 Filed 9–11–24; 8:45 am] 

BILLING CODE 9110–05–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

18 CFR Part 35 

[Docket No. RM24–9–000] 

Alliance for Tribal Clean Energy; 

Notice of Petition for Rulemaking and 

Intent To Hold Tribal Consultation 

Meetings 

SUMMARY: Take notice that, on August 9, 

2024, the Alliance for Tribal Clean 

Energy, pursuant to Rule 207(a)(4) of the 

Federal Energy Regulatory 

Commission’s (Commission) Rules of 

Practice and Procedure, filed a petition 

requesting that the Commission conduct 

an expedited rulemaking to revise the 

pro forma Large Generator 

Interconnection Procedures (LGIP) to 

defer the time at which certain tribal 

energy developers must post 

commercial readiness deposits and 

exempt them from potential withdrawal 

penalties. The Commission intends to 

conduct Tribal consultation per the 

Commission’s Policy Statement on 

Consultation with Indian Tribes in 


ddrumheller on DSK120RN23PROD with PROPOSALS1
74162 Federal Register / Vol. 89, No. 177 / Thursday, September 12, 2024 / Proposed Rules 

Commission Proceedings, Order No. 

635. The Commission will issue a future 

notice with further details. 

DATES: Comments due: 5 p.m. Eastern 

Time on November 4, 2024. 

ADDRESSES: The Commission strongly 

encourages electronic submission of 

comments in lieu of paper using the 

‘‘eFiling’’ link at https://www.ferc.gov. 

Persons unable to file electronically may 

submit a paper copy. Submissions sent 

via the U.S. Postal Service must be 

addressed to: Debbie-Anne A. Reese, 

Acting Secretary, Federal Energy 

Regulatory Commission, 888 First Street 

NE, Room 1A, Washington, DC 20426. 

Submissions sent via any other carrier 

must be addressed to: Debbie-Anne A. 

Reese, Acting Secretary, Federal Energy 

Regulatory Commission, 12225 Wilkins 

Avenue, Rockville, Maryland 20852. 

In addition to publishing the full text 

of this document in the Federal 

Register, the Commission provides all 

interested persons an opportunity to 

view and/or print the contents of this 

document via the internet through the 

Commission’s Home Page (https://

www.ferc.gov) using the ‘‘eLibrary’’ link. 

Enter the docket number excluding the 

last three digits in the docket number 

field to access the document. For 

assistance, contact FERC at 

FERCOnlineSupport@ferc.gov or call 

toll-free, (886) 208–3676 or TYY, (202) 

502–8659. 

FOR FURTHER INFORMATION CONTACT: 

Michael G. Henry (Technical 

Information), Office of Energy Policy 

and Innovation, 202–502–8583, 

Michael.Henry@ferc.gov 

Lewis Taylor (Legal Information), Office 

of General Counsel, 202–502–8624, 

Lewis.Taylor@ferc.gov 

Elizabeth Molloy (Tribal Liaison), Office 

of General Counsel, 202–502–8771, 

Elizabeth.Molloy@ferc.gov 

SUPPLEMENTARY INFORMATION: Any 

person that wishes to comment in this 

proceeding must file comments in 

accordance with Rule 211 of the 

Commission’s Rules of Practice and 

Procedure, 18 CFR 385.211. Comments 

will be considered by the Commission 

in determining the appropriate action to 

be taken. Comments must be filed on or 

before the comment date. 

The Commission’s Office of Public 

Participation (OPP) supports meaningful 

public engagement and participation in 

Commission proceedings. OPP can help 

members of the public, including 

landowners, environmental justice 

communities, tribal members and 

others, access publicly available 

information and navigate Commission 

processes. For public inquiries and 

assistance with making filings, 

comments, or requests for rehearing, the 

public is encouraged to contact OPP at 

(202) 502–6595 or OPP@ferc.gov. 

Dated: September 3, 2024. 

Debbie-Anne A. Reese, 

Acting Secretary. 

[FR Doc. 2024–20312 Filed 9–11–24; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 4 

RIN 2900–AQ72 

Schedule for Rating Disabilities—Ear, 

Nose, Throat, and Audiology 

Disabilities; Special Provisions 

Regarding Evaluation of Respiratory 

Conditions; Schedule for Rating 

Disabilities—Respiratory System 

AGENCY: Department of Veterans Affairs. 

ACTION: Supplemental notice of 

proposed rulemaking. 

SUMMARY: The Department of Veterans 

Affairs (VA) is issuing a supplemental 

notice of proposed rulemaking (SNPRM) 

that proposes to add a diagnostic code 

(DC) for constrictive bronchiolitis (or 

obliterative bronchiolitis) (CB) to the 

regulations that govern the respiratory 

system. 

DATES: Comments must be received on 

or before October 15, 2024. 

ADDRESSES: Comments must be 

submitted through www.regulations.gov. 

Except as provided below, comments 

received before the close of the 

comment period will be available at 

www.regulations.gov for public viewing, 

inspection, or copying, including any 

personally identifiable or confidential 

business information that is included in 

a comment. We post the comments 

received before the close of the 

comment period on 

www.regulations.gov as soon as possible 

after they have been received. VA will 

not post on Regulations.gov public 

comments that make threats to 

individuals or institutions or suggest 

that the commenter will take actions to 

harm an individual. VA encourages 

individuals not to submit duplicative 

comments; however, we will post 

comments from multiple unique 

commenters even if the content is 

identical or nearly identical to other 

comments. Any public comment 

received after the comment period’s 

closing date is considered late and will 

not be considered in the final 

rulemaking. In accordance with the 

Providing Accountability Through 

Transparency Act of 2023, a plain 

language summary (not more than 100 

words in length) of this SNPRM is 

available at www.regulations.gov, under 

RIN 2900–AQ72. 

FOR FURTHER INFORMATION CONTACT: 

Rodney Grimm and Terence Koontzy, 

Regulations Analysts, VASRD 

Regulations Staff (218A), Compensation 

Service (21C), Department of Veterans 

Affairs, 810 Vermont Avenue NW, 

Washington, DC 20420, (202) 461–9700. 

(This is not a toll-free telephone 

number.) 

SUPPLEMENTARY INFORMATION: On 

February 15, 2022, VA published a 

proposed rulemaking in the Federal 

Register (See 87 FR 8474) that proposes 

to amend its regulations that govern the 

ear, nose, throat, audiology, and 

respiratory systems. Within this 

rulemaking, VA proposed to add a 

General Rating Formula for Respiratory 

Conditions to evaluate several 

respiratory conditions currently 

contained within 38 CFR 4.97, Schedule 

of ratings—respiratory system. VA will 

address all the public comments 

received on the proposed rule and any 

public comments VA receives on this 

SNPRM in the final rulemaking. 

I. A Diagnostic Code (DC) for 

Constrictive Bronchiolitis (CB) 

On August 10, 2022, the Sergeant 

First Class Heath Robinson Honoring 

our Promise to Address Comprehensive 

Toxics (PACT) Act, Public Law 117– 

168, was signed into law to improve 

access to VA benefits and health care for 

Veterans who were exposed to toxic 

substances during their military service. 

This action occurred after VA published 

its proposed rule to update § 4.97. 

Section 406 of the PACT Act added 38 

U.S.C 1120 to establish presumptive 

service connection for diseases related 

to exposure to burn pit and other toxins. 

Among the respiratory conditions 

included within section 406, CB is the 

only condition without its own DC 

within the VA Schedule for Rating 

Disabilities (VASRD). Therefore, VA is 

proposing in this SNPRM to add DC 

6605 for CB. The CB addition is the only 

proposal of this SNPRM, and VA is 

seeking public comment on this issue 

only. 

At present, VA does not have a 

specific DC for CB. When VA 

encounters disabilities not listed in the 

VASRD, VA rates them analogously to a 

listed condition that is closely related 

(similar anatomical location, impacted 

functionality, and/or symptomology) in 

accordance with 38 CFR 4.20. Thus, VA 

currently evaluates CB under one of the 

closely related respiratory conditions 


ddrumheller on DSK120RN23PROD with PROPOSALS1