This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

100301 

Vol. 89, No. 239 

Thursday, December 12, 2024 

1Per 10 CFR 420.2, ‘‘state’’ means a State, the 

District of Columbia, Puerto Rico, or any territory 

or possession of the United States. 

2The mandatory plan features include ‘‘the 

mandatory conduct of activities to support 

transmission and distribution planning, including— 

(A) support for local governments and Indian 

Tribes; (B) feasibility studies for transmission line 

routes and alternatives; (C) preparation of necessary 

project design and permits; and (D) outreach to 

affected stakeholders.’’ 42 U.S.C. 6322(c)(7). 

DEPARTMENT OF ENERGY 

10 CFR Part 420 

RIN 1930–AA01 

Mandatory Transmission and 

Distribution Planning Support 

Activities 

AGENCY: Office of State and Community 

Energy Programs, State Energy Program, 

Department of Energy. 

ACTION: Final rule. 

SUMMARY: The U.S. Department of 

Energy (DOE) published an interim final 

rule on April 29, 2024, that amends the 

State Energy Program (SEP) regulations 

to incorporate certain changes made to 

the DOE-administered formula grant 

program by the Infrastructure 

Investment and Jobs Act of 2021. DOE 

is adopting the interim final rule as final 

without changes. 

DATES: This rule is effective on 

December 12, 2024. 

FOR FURTHER INFORMATION CONTACT: Ari 

Gerstman, U.S. Department of Energy, 

Office of State and Community Energy 

Programs, State Energy Program, SCEP– 

30; 1000 Independence Avenue SW, 

Washington, DC 20585–0121; or 

Telephone: (240) 388–5805; or Email: 

ari.gerstman@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Authority and Background 

The U.S. Department of Energy’s State 

Energy Program provides financial 

assistance in the form of formula grants 

to States, U.S. territories, and the 

District of Columbia (hereinafter 

referred to as States) 1 for a wide variety 

of energy efficiency and renewable 

energy initiatives authorized under the 

Energy Policy and Conservation Act 

(EPCA) (Pub. L. 94–163), as amended. 

42 U.S.C. 6321 et seq. Section 

40109(a)(3) of the Infrastructure 

Investment and Jobs Act (IIJA 2021) 

(Pub. L. 117–58) amended Section 

362(c) of EPCA, which pertains to the 

mandatory features of State energy 

conservation plans. 42 U.S.C. 6322(c). 

The submission of such plans is 

required for a State’s participation in 

SEP and receipt of a formula grant. 

II. Discussion 

On April 29, 2024, DOE issued an 

interim final rule that amended SEP 

regulations in part 420 of title 10 of the 

Code of Federal Regulations to 

incorporate the IIJA 2021 amendments. 

89 FR 33194. As discussed in the 

interim final rule, section 40109 of IIJA 

2021 amended section 362(c) of EPCA to 

include a new paragraph (7) that 

mandates the inclusion of transmission 

and distribution planning support 

activities into States’ energy 

conservation plans.2 42 U.S.C. 6322(c). 

DOE amended 10 CFR 420.15 to include 

a new paragraph (g) adopting statutory 

requirement verbatim. DOE also revised 

the reference to the EPCA included in 

the 10 CFR part 420 authority line from 

Part D to Part B through the interim 

final rule. 

DOE issued the interim final rule 

without prior notice and opportunity for 

public comment for two reasons. First, 

because the Administrative Procedure 

Act’s (APA) requirements for notice and 

public comment do not apply ‘‘to the 

extent that there is involved . . . a 

matter related to agency . . . grants, 

benefits, or contracts.’’ 5 U.S.C. 

553(a)(2), emphasis added. SEP is a 

program that provides formula and 

competitive grants, as well as technical 

assistance to States to enhance energy 

security, advance State-led energy 

initiatives, and increase energy 

affordability. 

Second, the rulemaking covered a 

nondiscretionary action because DOE 

adopted the section 40109(a)(3) of IIJA 

2021 amendment without further 

substantive change in SEP’s regulations. 

A more comprehensive discussion is 

available in section II of the interim 

final rule. 

In response to the interim final rule, 

SEP received no comments. Because 

DOE did not receive any comments in 

response to the interim final rule, the 

interim final rule is adopted as final 

without change. For the reasons stated 

in this document, SEP is finalizing the 

interim final rule without change. 

III. Procedural Requirements 

A. Review Under Executive Orders 

12866, 13563, and 14094 

This final rule has been determined 

not to be a ‘‘significant regulatory 

action’’ under E.O. 12866, Regulatory 

Planning and Review, 58 FR 51735 

(October 4, 1993) as supplemented and 

reaffirmed by E.O. 13563, ‘‘Improving 

Regulation and Regulatory Review,’’ 76 

FR 3821 (January 21, 2011) and 

amended by E.O. 14094, ‘‘Modernizing 

Regulatory Review,’’ 88 FR 21879 (April 

11, 2023). Accordingly, this rule was not 

subject to review under the E.O. by the 

Office of Information and Regulatory 

Affairs (OIRA) within the Office of 

Management and Budget (OMB). 

B. Administrative Procedure Act 

The APA, 5 U.S.C. 551 et seq., 

generally requires public notice and an 

opportunity for comment before a rule 

becomes effective. 5 U.S.C. 553(b)–(c). 

However, the APA provides that the 

requirements of 5 U.S.C. 553 do not 

apply ‘‘to the extent that there is 

involved . . . a matter relating to agency 

. . . grants, benefits, or contracts.’’ The 

interim final rule amended SEP’s 

regulations to include the new 

mandatory State energy conservation 

plan features established by section 

40109(a) of the IIJA 2021, which 

amended SEP’s State energy 

conservation plan requirements. States 

applying for SEP grants are required to 

submit plans that consider these, and 

the other mandatory features established 

in statute and codified in SEP’s 

regulations. Because the rulemaking 

amended SEP’s regulations at 10 CFR 

420.15 to include features States must 

satisfy to receive a grant from SEP, the 

APA’s general notice and comment 

requirements do not apply. 

C. Congressional Notification 

As required by 5 U.S.C. 801, DOE will 

report to Congress on the promulgation 

of this rule prior to its effective date. 

The report will state that it has been 


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100302 Federal Register / Vol. 89, No. 239 / Thursday, December 12, 2024 / Rules and Regulations 

determined that the rule is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

III. Approval of the Office of the 

Secretary 

The Secretary of Energy has approved 

publication of this final rule. 

List of Subjects in 10 CFR Part 420 

Energy conservation, Grant 

programs—energy, Technical assistance. 

Signing Authority 

This document of the Department of 

Energy was signed on December 5, 2024, 

by David Crane, Under Secretary for 

Infrastructure, pursuant to delegated 

authority from the Secretary of Energy. 

That document with the original 

signature and date is maintained by 

DOE. For administrative purposes only, 

and in compliance with requirements of 

the Office of the Federal Register, the 

undersigned DOE Federal Register 

Liaison Officer has been authorized to 

sign and submit the document in 

electronic format for publication, as an 

official document of the Department of 

Energy. This administrative process in 

no way alters the legal effect of this 

document upon publication in the 

Federal Register. 

Signed in Washington, DC, on December 6, 

2024. 

Treena V. Garrett, 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

PART 420—STATE ENERGY 

PROGRAM 

■ Accordingly, the interim final rule 

amending 10 CFR 420.15, which was 

published at 89 FR 33194 on April 29, 

2024, is adopted as final without 

change. 

[FR Doc. 2024–29062 Filed 12–11–24; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

10 CFR Part 429 

Certification, Compliance, and 

Enforcement for Consumer Products 

and Commercial and Industrial 

Equipment 

CFR Correction 

This rule is being published by the 

Office of the Federal Register to correct 

an editorial or technical error that 

appeared in the most recent annual 

revision of the Code of Federal 

Regulations. 

■ In Title 10 of the Code of Federal 

Regulations, Parts 200 to 499, revised as 

of January 1, 2024, in section 429.69, at 

the end of paragraph (a)(1)(iii), reinstate 

the text ‘‘Represented values must be 

rounded to the nearest hundredth.’’ 

[FR Doc. 2024–29415 Filed 12–11–24; 8:45 am] 

BILLING CODE 0099–10–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2024–2293; Airspace 

Docket No. 24–ACE–8] 

RIN 2120–AA66 

Amendment of Class E Airspace; 

Ottumwa, IA 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends the Class 

E airspace at Ottumwa, IA. This action 

is the result of an airspace review 

conducted due to the decommissioning 

of the Ottumwa very high frequency 

omnidirectional range (VOR) as part of 

the VOR Minimum Operational 

Network (MON) Program. This action 

also updates the name and geographic 

coordinates of the airport to coincide 

with the FAA’s aeronautical database. 

This action brings the airspace into 

compliance with FAA orders and 

supports instrument flight rule (IFR) 

procedures and operations. 

DATES: Effective 0901 UTC, February 20, 

2025. The Director of the Federal 

Register approves this incorporation by 

reference action under 1 CFR part 51, 

subject to the annual revision of FAA 

Order JO 7400.11 and publication of 

conforming amendments. 

ADDRESSES: A copy of the Notice of 

Proposed Rulemaking (NPRM), all 

comments received, this final rule, and 

all background material may be viewed 

online at www.regulations.gov using the 

FAA Docket number. Electronic 

retrieval help and guidelines are 

available on the website. It is available 

24 hours each day, 365 days each year. 

FAA Order JO 7400.11J, 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: 

Jeffrey Claypool, Federal Aviation 

Administration, Operations Support 

Group, Central Service Center, 10101 

Hillwood Parkway, Fort Worth, TX 

76177; telephone (817) 222–5711. 

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 amends the 

Class E surface area and Class E airspace 

extending upward from 700 feet above 

the surface at Ottumwa Regional 

Airport, Ottumwa, IA, to support IFR 

operations at this airport. 

History 

The FAA published an NPRM for 

Docket No. FAA–2024–2293 in the 

Federal Register (89 FR 80432; October 

3, 2024) proposing to amend the Class 

E airspace at Ottumwa, IA. Interested 

parties were invited to participate in 

this rulemaking effort by submitting 

written comments on the proposal to the 

FAA. No comments were received. 

Incorporation by Reference 

Class E airspace designations are 

published in paragraphs 6002 and 6005 

of FAA Order JO 7400.11, Airspace 

Designations and Reporting Points, 

which is incorporated by reference in 14 

CFR 71.1 on an annual basis. This 

document amends the current version of 

that order, FAA Order JO 7400.11J, 

dated July 31, 2024, and effective 

September 15, 2024. FAA Order JO 

7400.11J is publicly available as listed 

in the ADDRESSES section of this 

document. These amendments will be 

published in the next update to FAA 

Order JO 7400.11. 

FAA Order JO 7400.11J lists Class A, 

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

service routes, and reporting points. 

The Rule 

This amendment to 14 CFR part 71: 

Modifies the Class E surface area at 

Ottumwa Regional Airport, Ottumwa, 

IA, by removing the Ottumwa VOR/ 

DME and associated extension from the 

airspace legal description; and updates 

the name (previously Ottumwa 

Industrial Airport) and geographic 


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