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[Federal Register Volume 89, Number 239 (Thursday, December 12, 2024)]
[Rules and Regulations]
[Pages 100301-100302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29062]

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Rules and Regulations
                                                Federal Register
________________________________________________________________________

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. 

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

[[Page 100301]]

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.

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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: [email protected].

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.
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    \1\ Per 10 CFR 420.2, ``state'' means a State, the District of 
Columbia, Puerto Rico, or any territory or possession of the United 
States.
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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.
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    \2\ The 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).
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    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

[[Page 100302]]

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

0
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
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