77040 Federal Register / Vol. 89, No. 183 / Friday, September 20, 2024 / Proposed Rules 

Representative has concurred with the 

issuance of this proposed rulemaking. 

A 60-day comment period is provided 

to allow interested persons to comment 

on this proposed rulemaking. All 

written comments timely received will 

be considered before a final 

determination is made on this rule. 

List of Subjects 

7 CFR Part 915 

Avocados, Marketing agreements, 

Reporting and recordkeeping 

requirements. 

7 CFR Part 944 

Avocados, Food grades and standards, 

Grapefruit, Grapes, Imports, Kiwifruit, 

Limes, Olives, Oranges, Plums, Prunes. 

For the reasons set forth in the 

preamble, the Agricultural Marketing 

Service proposes to amend 7 CFR parts 

915 and 944 as follows: 

PART 915—AVOCADOS GROWN IN 

SOUTH FLORIDA 

■ 1. The authority citation for 7 CFR 

part 915 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. In § 915.332, Table I, the entry for 

‘‘Beta’’ is revised to read as follows: 

§ 915.332 Florida avocado maturity 

regulation. 

(a) * * * 

(2) * * * 

TABLE I 

Variety A 

date 

Min. 

wt. 

Min. 

diam. 

B 

date 

Min. 

wt. 

Min. 

diam. 

C 

date 

Min. 

wt. 

Min. 

diam. 

D 

date 

*******

Beta ........................... 7–25 18 38/16 8–01 16 35/16 8–15 14 33/ 8–22 

*******

* * * * * 

■ 3. In § 944.31, Table I, the entry for 

‘‘Beta’’ is revised to read as follows: 

§ 944.31 Avocado import maturity 

regulation. 

(a) * * * 

(2) * * * 

TABLE I 

Variety A 

date 

Min. 

wt. 

Min. 

diam. 

B 

date 

Min. 

wt. 

Min. 

diam. 

C 

date 

Min. 

wt. 

Min. 

diam. 

D 

date 

*******

Beta ........................... 7–25 18 38/16 8–01 16 35/16 8–15 14 33/16 8–22 

*******

* * * * * 

Erin Morris, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2024–21522 Filed 9–19–24; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF ENERGY 

10 CFR Part 1008 

[DOE–HQ–2023–0058] 

RIN 1903–AA16 

Privacy Act of 1974: Implementation of 

Exemptions 

AGENCY: U.S. Department of Energy. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Department of Energy 

(DOE, the Department) is proposing to 

revise its regulations to exempt certain 

records maintained under a newly 

established system of records—DOE–42 

Nondiscrimination in Federally 

Assisted Programs Files—from the 

notification and access provisions of the 

Privacy Act of 1974. The Department 

proposes to exempt portions of this 

system of records from these 

subsections of the Privacy Act because 

of requirements related to investigatory 

material compiled for law enforcement 

purposes. 

DATES: To be assured of consideration, 

written comments on this proposed 

rulemaking must be received at one of 

the addresses listed in the ADDRESSES

section, on or before October 21, 2024. 

Comments received following the 

aforementioned date may be considered 

if it is practical to do so. 

ADDRESSES: Please refer to section V 

(Public Participation—Submission of 

Comments) for additional information 

on the comment period. To comment on 

the System of Records Notice (SORN) 

associated with this proposed 

rulemaking, which is published 

elsewhere in this issue of the Federal 

Register, please refer to that SORN’s 

own Federal Register Notice, using 

docket number DOE–HQ–2023–0058. 

You may submit comments identified 

by docket number DOE–HQ–2023–0058, 

as follows: 

Federal eRulemaking Portal: 

www.regulations.gov. Include the docket 

number DOE–HQ–2023–0058 in the 

‘‘Enter Keyword or ID’’ field and click 

on ‘‘Search.’’ On the next web page, 

click on ‘‘Submit a Comment’’ action 

and follow the instructions in the portal. 

Mail/Hand Delivery/Courier [For 

paper, disk, or CD-ROM submissions] to: 

Ken Hunt, U.S. Department of Energy, 

1000 Independence Avenue SW, Office 

8H–085, Washington, DC 20585. 

Comments received, including any 

personal information, will be posted 

without change to www.regulations.gov. 

Docket: The docket, which includes 

Federal Register notices, comments, 

and other supporting documents/ 

materials, is available for review at 

www.regulations.gov. All documents in 

the docket are listed in the 

www.regulations.gov index. However, 


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some documents listed in the index, 

such as those containing information 

that is exempt from public disclosure, 

may not be publicly available. The 

www.regulations.gov web page contains 

instructions on how to access all 

documents, including public comments, 

in the docket. See section V of this 

document for further information on 

how to submit comments through 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: Kyle 

David, U.S. Department of Energy, 1000 

Independence Avenue SW, Office 8H– 

085, Washington, DC 20585; facsimile: 

(202) 586–8151; email: kyle.david@

hq.doe.gov; telephone: (240) 686–9485. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Authority and Background 

A. Authority 

B. Background 

II. Discussion 

III. Section 1008.12 Analysis 

IV. Procedural Issues and Regulatory Review 

A. Review Under Executive Orders 12866, 

13563, and 14094 

B. Review Under the Regulatory Flexibility 

Act 

C. Review Under the Paperwork Reduction 

Act of 1995 

D. Review Under the National 

Environmental Policy Act of 1969 

E. Review Under Executive Order 12988 

F. Review Under Executive Order 13132 

G. Review Under Executive Order 13175 

H. Review Under the Unfunded Mandates 

Reform Act of 1995 

I. Review Under Executive Order 12360 

J. Review Under Executive Order 13211 

K. Review Under the Treasury and General 

Government Appropriations Act, 1999 

L. Review Under the Treasury and General 

Government Appropriations Act, 2001 

V. Public Participation—Submission of 

Comments 

VI. Approval by the Office of the Secretary 

of Energy 

I. Authority and Background 

A. Authority 

DOE has broad authority to manage 

the agency’s collection, use, processing, 

maintenance, storage, and disclosure of 

Personally Identifiable Information (PII) 

pursuant to the following authorities: 42 

United States Code (U.S.C.) 7101 et seq., 

50 U.S.C. 2401 et seq., 5 U.S.C. 1104, 5 

U.S.C. 552, 5 U.S.C. 552a, 42 U.S.C. 

7254, 5 U.S.C. 301, and 42 U.S.C. 405 

note. 

B. Background 

The Privacy Act of 1974 (the Act) (5 

U.S.C. 552a) embodies fair information 

practice principles in a statutory 

framework governing the means by 

which the U.S. Government collects, 

maintains, uses, and disseminates 

personally identifiable information. The 

Privacy Act applies to information that 

is maintained in a ‘‘system of records.’’ 

A ‘‘system of records’’ is a group of any 

records under the control of an agency 

from which information is retrieved by 

the name of the individual or by some 

identifying number, symbol, or other 

identifying particular assigned to the 

individual. In the Privacy Act, an 

individual is defined to encompass U.S. 

citizens and lawful permanent 

residents. 

The Privacy Act includes two sets of 

provisions that allow agencies to claim 

exemptions from certain requirements 

in the statute. These provisions allow 

agencies in certain circumstances to 

promulgate rules to exempt a system of 

records from certain provisions of the 

Privacy Act. For this system of records, 

pursuant to 5 U.S.C. 552a(k)(2), the 

Department exempts this system of 

records from subsections (c)(3); (d); and 

(e)(1) of the Privacy Act. This exemption 

is needed to protect from disclosure 

investigatory material compiled for law 

enforcement purposes. Pursuant to the 

Privacy Act and Office of Management 

and Budget (OMB) Circular A–108, 

Federal Agency Responsibilities for 

Review, Reporting, and Publication 

under the Privacy Act, DOE is issuing 

this notice of proposed rulemaking to 

make clear to the public the reasons 

why this particular exemption is being 

proposed and to seek public comment. 

II. Discussion 

DOE is claiming exemptions from 

certain requirements of the Privacy Act 

for a new system of records: DOE–42 

Nondiscrimination in Federally 

Assisted Programs Files. 

The Department is giving notice of its 

intention to exempt portions of a newly 

established system of records—DOE–42 

Nondiscrimination in Federally 

Assisted Programs Files—from 

subsections (c)(3); (d); and (e)(1) of the 

Privacy Act of 1974. To claim this 

exemption, DOE is amending 10 CFR 

1008.12 by adding a new paragraph, 

(b)(2)(ii)(R). The Department proposes to 

exempt portions of this system of 

records from these subsections of the 

Privacy Act because of requirements 

related to the compilation of 

investigatory material for law 

enforcement purposes. 

DOE–42 Nondiscrimination in 

Federally Assisted Programs Files will 

provide a central electronic repository 

to: (i) maintain all records used by 

OCR–EEO personnel in making Federal 

civil rights compliance determinations 

with accuracy, relevance, timeliness, 

and completeness to assure fairness to 

the individual(s) in the determination; 

(ii) create appropriate administrative, 

technical, and physical safeguards that 

ensure the security and confidentiality 

of records and protect against any 

anticipated threats to their security or 

integrity and; (iii) create rules of 

conduct for authorized OCR–EEO 

personnel involved in the operation, 

maintenance, and routine uses for this 

system records. 

For this system of records, DOE 

claims exemptions to subsections (c)(3); 

(d); and (e)(1) of the Privacy Act. In 

addition, the system has been exempted 

from the Privacy Act, pursuant to 5 

U.S.C. 552a(k)(2). These exemptions are 

needed to protect information relating to 

DOE activities from disclosure to 

subjects or others related to these 

activities. Specifically, the exemptions 

are required to preclude subjects of 

these activities from frustrating these 

processes; to avoid disclosure of activity 

techniques; to protect the identities and 

physical safety of confidential 

informants and law enforcement 

personnel; to ensure DOE’s ability to 

obtain information from third parties 

and other sources; and to protect the 

privacy of third parties. Disclosure of 

information to the subject of the inquiry 

could also permit the subject to avoid 

detection or apprehension. 

The exemptions proposed here are 

standard law enforcement and national 

security exemptions exercised by many 

Federal law enforcement and 

intelligence agencies. In appropriate 

circumstances, where compliance 

would not appear to interfere with or 

adversely affect the law enforcement 

purposes of this system and overall law 

enforcement process, the applicable 

exemptions may be waived on a caseby-case basis. 

Exemptions for DOE–42 

Nondiscrimination in Federally 

Assisted Programs Files from these 

particular subsections of the Act are 

justified, on a case-by-case basis to be 

determined at the time a request is made 

for the following reasons: 

From subsections (c)(3) (Accounting 

for Disclosures) because release of the 

accounting of disclosures could alert the 

subject of an investigation of an actual 

or potential criminal, civil, or regulatory 

violation to the existence of that 

investigation and reveal investigative 

interest on the part of DOE as well as 

the recipient agency. Disclosure of the 

accounting would therefore present a 

serious impediment to law enforcement 

efforts or efforts to preserve national 

security. Disclosure of the accounting 

would also permit the individual who is 

the subject of a record to impede the 

investigation, to tamper with witnesses 

or evidence, and to avoid detection or 


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77042 Federal Register / Vol. 89, No. 183 / Friday, September 20, 2024 / Proposed Rules 

apprehension, which would undermine 

the entire investigative process. 

From subsection (d) (Access to 

Records) because access to the records 

contained in this system of records 

could inform the subject of an 

investigation of an actual or potential 

criminal, civil, or regulatory violation to 

the existence of that investigation and 

reveal investigative interest on the part 

of DOE or another agency. Access to the 

records could permit the individual 

who is the subject of a record to impede 

the investigation, to tamper with 

witnesses or evidence, and to avoid 

detection or apprehension. Amendment 

of the records could interfere with 

ongoing investigations and law 

enforcement activities and would 

impose an unreasonable administrative 

burden by requiring investigations to be 

continually reinvestigated. In addition, 

permitting access and amendment to 

such information could disclose 

security-sensitive information that 

could be detrimental to nuclear or 

energy sector security. 

From subsection (e)(1) (Relevancy and 

Necessity of Information) because in the 

course of investigations into potential 

violations of Federal law, the accuracy 

of information obtained or introduced 

occasionally may be unclear, or the 

information may not be strictly relevant 

or necessary to a specific investigation. 

In the interests of effective law 

enforcement, it is appropriate to retain 

all information that may aid in 

establishing patterns of unlawful 

activity. 

III. Section 1008.12 Analysis 

This notice of proposed rulemaking 

proposes adding line item paragraph 

(b)(1)(ii)(R), referencing 

‘‘Nondiscrimination in Federally 

Assisted Program Files (DOE–42)’’. This 

addition will demonstrate that SORN 

DOE–42 is included among the other 

SORNs taking a (k)(2) exemption under 

the Privacy Act of 1974. Per current 

regulations located at 10 CFR 

1008.12(b)(2)(ii), this exemption allows 

DOE to ‘‘prevent subjects of 

investigation from frustrating the 

investigatory process through access to 

records about themselves or as a result 

of learning the identities of confidential 

informants; to prevent disclosure of 

investigative techniques; to maintain the 

ability to obtain necessary information; 

and thereby to insure the proper 

functioning and integrity of law 

enforcement activities.’’ 

IV. Procedural Issues and Regulatory 

Review 

A. Review Under Executive Orders 

12866, 13563, and 14094 

Executive Order (‘‘E.O.’’) 12866, 

‘‘Regulatory Planning and Review,’’ 58 

FR 51735 (Oct. 4, 1993), as 

supplemented and reaffirmed by E.O. 

13563, ‘‘Improving Regulation and 

Regulatory Review,’’ 76 FR 3821 (Jan. 

21, 2011) and amended by E.O. 14094, 

‘‘Modernizing Regulatory Review,’’ 88 

FR 21879 (April 11, 2023), requires 

agencies, to the extent permitted by law, 

to (1) propose or adopt a regulation only 

upon a reasoned determination that its 

benefits justify its costs (recognizing 

that some benefits and costs are difficult 

to quantify); (2) tailor regulations to 

impose the least burden on society, 

consistent with obtaining regulatory 

objectives, taking into account, among 

other things, and to the extent 

practicable, the costs of cumulative 

regulations; (3) select, in choosing 

among alternative regulatory 

approaches, those approaches that 

maximize net benefits (including 

potential economic, environmental, 

public health and safety, and other 

advantages; distributive impacts; and 

equity); (4) to the extent feasible, specify 

performance objectives, rather than 

specifying the behavior or manner of 

compliance that regulated entities must 

adopt; and (5) identify and assess 

available alternatives to direct 

regulation, including providing 

economic incentives to encourage the 

desired behavior, such as user fees or 

marketable permits, or providing 

information upon which choices can be 

made by the public. DOE emphasizes as 

well that E.O. 13563 requires agencies to 

use the best available techniques to 

quantify anticipated present and future 

benefits and costs as accurately as 

possible. In its guidance, the Office of 

Information and Regulatory Affairs 

(OIRA) has emphasized that such 

techniques may include identifying 

changing future compliance costs that 

might result from technological 

innovation or anticipated behavioral 

changes. For the reasons stated in this 

preamble, this proposed regulatory 

action is consistent with these 

principles. 

Section 6(a) of E.O. 12866 requires 

agencies to submit ‘‘significant 

regulatory actions’’ to OIRA for review. 

OIRA has determined that this proposed 

regulatory action is not a ‘‘significant 

regulatory action’’ within the scope of 

E.O. 12866. Accordingly, this action is 

not subject to review under E.O. 12866 

by OIRA of the Office of Management 

and Budget (OMB). 

B. Review Under the Regulatory 

Flexibility Act 

The Regulatory Flexibility Act of 1980 

(5 U.S.C. 601 et seq.) requires that an 

agency prepare an initial regulatory 

flexibility analysis for any regulation for 

which a general notice of proposed 

rulemaking is required, unless the 

agency certifies that the rule, if 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities (5 U.S.C. 

605(b)). As required by Executive Order 

13272, Proper Consideration of Small 

Entities in Agency Rulemaking, 67 FR 

53461 (Aug. 16, 2002), DOE published 

procedures and policies on February 19, 

2003, to ensure that the potential 

impacts of its rules on small entities are 

properly considered during the 

rulemaking process 68 FR 7990. DOE 

has made its procedures and policies 

available on the Office of the General 

Counsel’s website (www.energy.gov/gc/ 

office-general-counsel). 

DOE reviewed this proposed rule 

under the provisions of the Regulatory 

Flexibility Act and the procedures and 

policies published on February 19, 

2003. DOE certifies that the proposed 

rule, if adopted, would not have 

significant economic impact on a 

substantial number of small entities. 

The factual basis for this certification is 

set forth below. 

This proposed rule would update 

DOE’s policies and procedures 

concerning the disclosure of records 

held within a system of records 

pursuant to the Privacy Act of 1974. 

This proposed rule would apply only to 

activities conducted by DOE’s Federal 

employees and contractors, who would 

be responsible for implementing the 

rule requirements. DOE does not expect 

there to be any potential economic 

impact of this proposed rule on small 

businesses. Small businesses, therefore, 

should not be adversely impacted by the 

requirements in this proposed rule. For 

these reasons, DOE certifies that this 

proposed rule, if promulgated, would 

not have a significant economic impact 

on a substantial number of small 

entities, and therefore, no regulatory 

flexibility analysis has been prepared. 

C. Review Under the Paperwork 

Reduction Act of 1995 

This proposed rule does not impose a 

collection of information requirement 

subject to review and approval by OMB 

under the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.). 

D. Review Under the National 

Environmental Policy Act of 1969 

Pursuant to the National 

Environmental Policy Act of 1969 


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Federal Register / Vol. 89, No. 183 / Friday, September 20, 2024 / Proposed Rules 77043 

(NEPA), DOE has analyzed this 

proposed action in accordance with 

NEPA and DOE’s NEPA implementing 

regulations (10 CFR part 1021). DOE’s 

regulations include a categorical 

exclusion (CX) for rulemakings 

interpreting or amending an existing 

rule or regulation that does not change 

the environmental effect of the rule or 

regulation being amended. 10 CFR part 

1021, subpart D, appendix A5. DOE has 

determined that this proposed rule is 

covered under the CX found in DOE’s 

NEPA regulations at paragraph A.5 of 

appendix A to subpart D, 10 CFR part 

1021, because it is an amendment to an 

existing regulation that does not change 

the environmental effect of the amended 

regulation and, therefore, meets the 

requirements for the application of this 

CX. See 10 CFR 1021.410. Therefore, 

DOE has determined that this proposed 

rule is not a major Federal action 

significantly affecting the quality of the 

human environment within the meaning 

of NEPA and does not require an 

Environmental Assessment or an 

Environmental Impact Statement. 

E. Review Under Executive Order 12988 

With respect to the review of existing 

regulations and the promulgation of 

new regulations, section 3(a) of 

Executive Order 12988, ‘‘Civil Justice 

Reform,’’ 61 FR 4729 (February 7, 1996), 

imposes on Federal agencies the general 

duty to adhere to the following 

requirements: (1) eliminate drafting 

errors and ambiguity; (2) write 

regulations to minimize litigation; (3) 

provide a clear legal standard for 

affected conduct rather than a general 

standard; and (4) promote simplification 

and burden reduction. Section 3(b) of 

Executive Order 12988 specifically 

requires that Executive agencies make 

every reasonable effort to ensure the 

regulation: (1) clearly specifies the 

preemptive effect, if any; (2) clearly 

specifies any effect on existing Federal 

law or regulation; (3) provides a clear 

legal standard for the affected conduct 

while promoting simplification and 

burden reduction; (4) specifies the 

retroactive effect, if any; (5) adequately 

defines key terms; (6) specifies whether 

administrative proceedings are to be 

required before parties may file suit in 

court and, if so, describes those 

proceedings and requires the exhaustion 

of administrative remedies; and (7) 

addresses other important issues 

affecting clarity and general 

draftsmanship under any guidelines 

issued by the Attorney General. Section 

3(c) of Executive Order 12988 requires 

Executive agencies to review regulations 

in light of applicable standards in 

section 3(a) and section 3(b) to 

determine whether they are met, or it is 

unreasonable to meet one or more of the 

standards. DOE has completed the 

required review and determined that, to 

the extent permitted by law, this 

proposed rule meets the relevant 

standards of Executive Order 12988. 

F. Review Under Executive Order 13132 

Executive Order 13132, ‘‘Federalism,’’ 

64 FR 43255 (August 10, 1999) imposes 

certain requirements on agencies 

formulating and implementing policies 

or regulations that preempt State law or 

that have federalism implications. 

Agencies are required to examine the 

constitutional and statutory authority 

supporting any action that would limit 

the policymaking discretion of the 

States and carefully assess the necessity 

for such actions. The Executive order 

also requires agencies to have an 

accountable process to ensure 

meaningful and timely input by State 

and local officials in the development of 

regulatory policies that have federalism 

implications. On March 14, 2000, DOE 

published a statement of policy 

describing the intergovernmental 

consultation process it will follow in the 

development of such regulations. 65 FR 

13735. DOE has examined this proposed 

rule and has tentatively determined that 

it would not preempt State law and 

would not have a substantial direct 

effect on the States, on the relationship 

between the National Government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. No further 

action is required by Executive Order 

13132. 

G. Review Under Executive Order 13175 

Under Executive Order 13175 (65 FR 

67249, November 6, 2000) on 

‘‘Consultation and Coordination with 

Indian Tribal Governments,’’ DOE may 

not issue a discretionary rule that has 

‘‘Tribal’’ implications and imposes 

substantial direct compliance costs on 

Indian Tribal governments. DOE has 

determined that this proposed rule 

would not have such effects and 

concluded that Executive Order 13175 

does not apply to this proposed rule. 

H. Review Under the Unfunded 

Mandates Reform Act of 1995 

Title II of the Unfunded Mandates 

Reform Act (UMRA) of 1995 (Pub. L. 

104–4) requires each Federal agency to 

assess the effects of a Federal regulatory 

action on State, local, and Tribal 

governments, and the private sector. 

(Pub. L. 104–4, sec. 201 et seq. (codified 

at 2 U.S.C. 1531 et seq.)). For a proposed 

regulatory action likely to result in a 

rule that may cause the expenditure by 

State, local, and Tribal governments, in 

the aggregate, or by the private sector of 

$100 million or more in any one year 

(adjusted annually for inflation), section 

202 of UMRA requires a Federal agency 

to publish a written statement that 

estimates the resulting costs, benefits, 

and other effects on the national 

economy. (2 U.S.C. 1532(a), (b)) UMRA 

also requires a Federal agency to 

develop an effective process to permit 

timely input by elected officers of State, 

local, and Tribal governments on a 

proposed ‘‘significant Federal 

intergovernmental mandate,’’ and 

requires an agency plan for giving notice 

and opportunity for timely input to 

potentially affected small governments 

before establishing any requirements 

that might significantly or uniquely 

affect them. On March 18, 1997, DOE 

published a statement of policy on its 

process for intergovernmental 

consultation under UMRA. (62 FR 

12820) (This policy is also available at: 

www.energy.gov/gc/guidance-opinions 

under ‘‘Guidance & Opinions’’ 

(Rulemaking)). DOE examined the 

proposed rule according to UMRA and 

its statement of policy and has 

determined that the rule contains 

neither an intergovernmental mandate, 

nor a mandate that may result in the 

expenditure by State, local, and Tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

in any year. Accordingly, no further 

assessment or analysis is required under 

UMRA. 

I. Review Under Executive Order 12630 

DOE has determined, under Executive 

Order 12630, ‘‘Governmental Actions 

and Interference with Constitutionally 

Protected Property Rights’’ 53 FR 8859 

(March 18, 1988), that this proposed 

regulation would not result in any 

takings that might require compensation 

under the Fifth Amendment to the U.S. 

Constitution. 

J. Review Under Executive Order 13211 

Executive Order 13211, ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use,’’ 66 FR 28355 (May 

22, 2001) requires Federal agencies to 

prepare and submit to the OIRA, which 

is part of OMB, a Statement of Energy 

Effects for any proposed significant 

energy action. A ‘‘significant energy 

action’’ is defined as any action by an 

agency that promulgates or is expected 

to lead to promulgation of a final rule, 

and that: (1)(i) is a significant regulatory 

action under Executive Order 12866, or 

any successor order; and (ii) is likely to 

have a significant adverse effect on the 

supply, distribution, or use of energy, or 


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(2) is designated by the Administrator of 

OIRA as a significant energy action. For 

any proposed significant energy action, 

the agency must give a detailed 

statement of any adverse effects on 

energy supply, distribution, or use 

should the proposal be implemented, 

and of reasonable alternatives to the 

action and their expected benefits on 

energy supply, distribution, and use. 

This proposed regulatory action is not a 

significant energy action. Accordingly, 

DOE has not prepared a Statement of 

Energy Effects. 

K. Review Under the Treasury and 

General Government Appropriations 

Act, 1999 

Section 654 of the Treasury and 

General Government Appropriations 

Act, 1999 (Pub. L. 105–277) requires 

Federal agencies to issue a Family 

Policymaking Assessment for any 

proposed rule that may affect family 

well-being. This proposed rule would 

not have any impact on the autonomy 

or integrity of the family as an 

institution. Accordingly, DOE has 

concluded that it is not necessary to 

prepare a Family Policymaking 

Assessment. 

L. Review Under the Treasury and 

General Government Appropriations 

Act, 2001 

Section 515 of the Treasury and 

General Government Appropriations 

Act, 2001 (44 U.S.C. 3516) provides for 

Federal agencies to review most 

disseminations of information to the 

public under guidelines established by 

each agency pursuant to general 

guidelines issued by OMB. OMB’s 

guidelines were published at 67 FR 

8452 (February 22, 2002), and DOE’s 

guidelines were published at 67 FR 

62446 (October 7, 2002). Pursuant to 

OMB Memorandum M–19–15, 

Improving Implementation of the 

Information Quality Act (April 24, 

2019), DOE published updated 

guidelines which are available at: 

www.energy.gov/sites/prod/files/2019/ 

12/f70/DOE%20Final%20Updated

%20IQA%20Guidelines

%20Dec%202019.pdf. 

DOE has reviewed this proposed rule 

and will ensure that information 

produced under this regulation remains 

consistent with the applicable OMB and 

DOE guidelines. 

V. Public Participation—Submission of 

Comments 

DOE will accept comments, data, and 

information regarding this proposed 

rule before or no later than the date 

provided in the DATES section at the 

beginning of this proposed rule. 

Interested individuals are invited to 

participate in this proceeding by 

submitting data, views, or arguments 

with respect to this proposed rule using 

the method described in the ADDRESSES

section at the beginning of this proposed 

rule. To help the Department review the 

submitted comments, commenters are 

requested to reference the paragraph(s), 

(e.g., § 1008.22(d)), to which they refer 

where possible. Individuals that want to 

comment on this proposed rulemaking 

may do so by following the directions 

below. To comment on the System of 

Records Notice (SORN) associated with 

this proposed rulemaking, which is also 

published elsewhere in this issue of the 

Federal Register, please refer to that 

SORN’s own Federal Register notice, 

using docket number DOE–HQ–2023– 

0058. 

1. Submitting comments 

www.regulations.gov. The 

www.regulations.gov web page will 

require you to provide your name and 

contact information. Your contact 

information will be viewable by DOE’s 

Office of Privacy Management and 

Compliance staff only. Your contact 

information will not be publicly 

viewable except for your first and last 

names, organization name (if any), and 

submitter representative name (if any). 

If your comment is not processed 

properly because of technical 

difficulties, DOE will use this 

information to contact you. If DOE 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, DOE may not be 

able to consider your comment. 

However, your contact information will 

be publicly viewable if you include it in 

the comment itself or in any documents 

attached to your comment. Any 

information that you do not want to be 

publicly viewable should not be 

included in your comment, nor in any 

document attached to your comment. 

Persons viewing comments will see only 

first and last names, organization 

names, correspondence containing 

comments, and any documents 

submitted with the comments. 

Do not submit to www.regulations.gov 

information for which disclosure is 

restricted by statute, such as trade 

secrets and commercial or financial 

information (hereinafter referred to as 

Confidential Business Information 

(CBI)). Comments submitted through 

www.regulations.gov cannot be claimed 

as CBI. Comments received through 

www.regulations.gov will waive any CBI 

claims for the information submitted. 

For information on submitting CBI, see 

the Confidential Business Information 

section. 

DOE processes submissions made 

through www.regulations.gov before 

posting. Normally, comments will be 

posted within a few days of being 

submitted. However, if large volumes of 

comments are being processed 

simultaneously, your comment may not 

be viewable for up to several weeks. 

Please keep the comment tracking 

number that www.regulations.gov 

provides after you have successfully 

uploaded your comment. 

Comments, data, and other 

information submitted to DOE 

electronically should be provided in 

PDF (preferred), Microsoft Word or 

Excel, WordPerfect, or text (ASCII) file 

format. Provide documents that are not 

secured, that are written in English, and 

that are free of any defects or viruses. 

Documents should not contain special 

characters or any form of encryption 

and, if possible, they should carry the 

electronic signature of the author. 

2. Confidential Business Information. 

Pursuant to the provisions of 10 CFR 

1004.11, anyone submitting information 

or data he or she believes to be 

confidential and exempt by law from 

public disclosure should submit 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 as to 

the confidentiality of the information 

and treat it according to its 

determination. 

It is DOE’s policy that all comments 

may be included in the public docket, 

without change and as received, 

including any personal information 

provided in the comments (except 

information deemed to be exempt from 

public disclosure). 

3. Campaign form letters. Please 

submit campaign form letters by the 

originating organization in batches of 

between 50 to 500 form letters per PDF 

or as one form letter with a list of 

supporters’ names compiled into one or 

more PDFs. This reduces comment 

processing and posting time. 

VI. Approval by the Office of the 

Secretary of Energy 

The Secretary of Energy has approved 

publication of this notice of proposed 

rulemaking. 

List of Subjects in 10 CFR Part 1008 

Administration practice and 

procedure, Freedom of information, 

Privacy, Reporting and recordkeeping 

requirements. 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 183 / Friday, September 20, 2024 / Proposed Rules 77045 

Signing Authority 

This document of the Department of 

Energy was signed on September 9, 

2024, by Ann Dunkin, Senior Agency 

Official for Privacy, 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 September 

10, 2024. 

Treena V. Garrett, 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

For the reasons set forth in the 

preamble, the Department of Energy 

proposes to amend part 1008 of chapter 

X of title 10 of the Code of Federal 

Regulations as set forth below: 

PART 1008—RECORDS MAINTAINED 

ON INDIVIDUALS (PRIVACY ACT) 

■ 1. The authority citation for part 1008 

continues to read as follows: 

Authority: 42 U.S.C. 7101 et seq.; 50 

U.S.C. 2401 et seq.; 5 U.S.C. 552; 5 U.S.C. 

552a; 42 U.S.C. 7254; and 5 U.S.C. 301. 

Section 1008.22(c) also issued under 42 

U.S.C. 405 note. 

■ 2. Section 1008.12, as proposed to be 

amended at 88 FR 82788 (November 27, 

2023), is further amend by adding 

paragraph (b)(2)(ii)(R) to read as follows: 

§ 1008.12 Exemptions. 

* * * * * 

(b) * * * 

(2) * * * 

(ii) * * * 

(R) Nondiscrimination in Federally 

Assisted Program Files (DOE–42). 

* * * * * 

[FR Doc. 2024–20838 Filed 9–19–24; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2024–2145; Project 

Identifier MCAI–2024–00077–T] 

RIN 2120–AA64 

Airworthiness Directives; Airbus SAS 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to 

supersede Airworthiness Directive (AD) 

2023–13–10 and AD 2024–04–03, which 

apply to certain Airbus SAS Model 

A318, A319, A320, and A321 series 

airplanes. AD 2023–13–10 and AD 

2024–04–03 require revising the existing 

maintenance or inspection program, as 

applicable, to incorporate new or more 

restrictive airworthiness limitations. 

Since the FAA issued AD 2023–13–10 

and AD 2024–04–03, the FAA has 

determined that new or more restrictive 

airworthiness limitations are necessary. 

This proposed AD would continue to 

require certain actions in AD 2023–13– 

10 and all actions in AD 2024–04–03 

and would require revising the existing 

maintenance or inspection program, as 

applicable, to incorporate new or more 

restrictive airworthiness limitations, as 

specified in a European Union Aviation 

Safety Agency (EASA) AD, which is 

proposed for incorporation by reference 

(IBR). The FAA is proposing this AD to 

address the unsafe condition on these 

products. 

DATES: The FAA must receive comments 

on this proposed AD by November 4, 

2024. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

regulations.gov. Follow the instructions 

for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE, 

Washington, DC 20590. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

AD Docket: You may examine the AD 

docket at regulations.gov under Docket 

No. FAA–2024–2145; or in person at 

Docket Operations between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. The AD docket 

contains this NPRM, the mandatory 

continuing airworthiness information 

(MCAI), any comments received, and 

other information. The street address for 

Docket Operations is listed above. 

Material Incorporated by Reference: 

• For EASA material identified in this 

proposed AD, contact EASA, KonradAdenauer-Ufer 3, 50668 Cologne, 

Germany; telephone +49 221 8999 000; 

email ADs@easa.europa.eu; website 

easa.europa.eu. You may find this 

material on the EASA website at 

ad.easa.europa.eu. It is also available at 

regulations.gov under Docket No. FAA– 

2024–2145. 

• You may view this material at the 

FAA, Airworthiness Products Section, 

Operational Safety Branch, 2200 South 

216th St., Des Moines, WA. For 

information on the availability of this 

material at the FAA, call 206–231–3195. 

FOR FURTHER INFORMATION CONTACT: 

Timothy Dowling, Aviation Safety 

Engineer, FAA, 1600 Stewart Avenue, 

Suite 410, Westbury, NY 11590; 

telephone 206–231–3667; email 

Timothy.P.Dowling@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

The FAA invites you to send any 

written relevant data, views, or 

arguments about this proposal. Send 

your comments to an address listed 

under the ADDRESSES section. Include 

‘‘Docket No. FAA–2024–2145; Project 

Identifier MCAI–2024–00077–T’’ at the 

beginning of your comments. The most 

helpful comments reference a specific 

portion of the proposal, explain the 

reason for any recommended change, 

and include supporting data. The FAA 

will consider all comments received by 

the closing date and may amend this 

proposal because of those comments. 

Except for Confidential Business 

Information (CBI) as described in the 

following paragraph, and other 

information as described in 14 CFR 

11.35, the FAA will post all comments 

received, without change, to 

regulations.gov, including any personal 

information you provide. The agency 

will also post a report summarizing each 

substantive verbal contact received 

about this NPRM. 

Confidential Business Information 

CBI is commercial or financial 

information that is both customarily and 

actually treated as private by its owner. 

Under the Freedom of Information Act 

(FOIA) (5 U.S.C. 552), CBI is exempt 

from public disclosure. If your 

comments responsive to this NPRM 


ddrumheller on DSK120RN23PROD with PROPOSALS1