Rule2025-08539
Application for Presidential Permit Authorizing the Construction, Connection, Operation, and Maintenance of Facilities for Transmission of Electric Energy at International Boundaries
Primary source
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Published
May 16, 2025
Effective
July 15, 2025
Issuing agencies
Energy Department
Abstract
This DFR rescinds regulations regarding the applications for a presidential permit authorizing construction, connection, operation, and maintenance of facilities for transmission of electric energy at international boundaries.
Full Text
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<title>Federal Register, Volume 90 Issue 94 (Friday, May 16, 2025)</title>
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[Federal Register Volume 90, Number 94 (Friday, May 16, 2025)]
[Rules and Regulations]
[Pages 20753-20755]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-08539]
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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. 90, No. 94 / Friday, May 16, 2025 / Rules and
Regulations
[[Page 20753]]
DEPARTMENT OF ENERGY
10 CFR Part 205
[DOE-HQ-2025-0011]
RIN 1901-AB68
Application for Presidential Permit Authorizing the Construction,
Connection, Operation, and Maintenance of Facilities for Transmission
of Electric Energy at International Boundaries
AGENCY: Department of Energy (DOE); Grid Deployment Office.
ACTION: Direct final rule (``DFR''); request for comments.
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SUMMARY: This DFR rescinds regulations regarding the applications for a
presidential permit authorizing construction, connection, operation,
and maintenance of facilities for transmission of electric energy at
international boundaries.
DATES: The final rule is effective July 15, 2025, unless significant
adverse comments are received by June 16, 2025. Significant adverse
comments oppose the rule and raise, alone or in combination, a serious
enough issue related to each of the independent grounds for the rule
that a substantive response is required. If significant adverse
comments are received, notice will be published in the Federal Register
before the effective date either withdrawing the rule or issuing a new
final rule which responds to significant adverse comments.
ADDRESSES: Interested persons are encouraged to submit comments using
the Federal eRulemaking Portal at <a href="http://www.regulations.gov">www.regulations.gov</a> under docket
number DOE-HQ-2025-0011. Follow the instructions for submitting
comments. The docket for this final rule, which includes Federal
Register notices, comments, and other supporting documents and
materials, is available for review at <a href="http://www.regulations.gov">www.regulations.gov</a>. All
documents in the docket are listed in the <a href="http://www.regulations.gov">www.regulations.gov</a> index.
However, not all documents listed in the index may be publicly
available, such as information that is exempt from public disclosure.
The docket web page can be found at <a href="http://www.regulations.gov/docket/DOE-HQ-2025-0011">www.regulations.gov/docket/DOE-HQ-2025-0011</a>. The docket web page contains instructions on how to access
all documents, including public comments, in the docket, as well as a
summary.
In accordance with 5 U.S.C. 553(b)(4), a summary of this rule may
be found at <a href="http://regulations.gov">regulations.gov</a>, under the docket number.
FOR FURTHER INFORMATION CONTACT: Mr. David Taggart, U.S. Department of
Energy, Office of the General Counsel, GC-1, 1000 Independence Avenue
SW, Washington, DC 20585-0121. Telephone: (202) 586-5281. Email:
<a href="/cdn-cgi/l/email-protection#367279737153585344575a7559435845535a765e471852595318515940"><span class="__cf_email__" data-cfemail="74303b3133111a11061518371b011a071118341c055a101b115a131b02">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. General Discussion
II. Procedural Issues and Regulatory Review
A. Review Under Executive Orders 12866
B. Review Under the Regulatory Flexibility Act
C. Review Under the Paperwork Reduction Act
D. Review Under the National Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates Reform Act
H. Review Under the Treasury and General Government
Appropriations Act, 1999
I. Review Under Executive Order 12630
J. Review Under the Treasury and General Government
Appropriations Act, 2001
K. Review Under Executive Order 13211
L. Review Under Additional Executive Orders and Presidential
Memoranda
M. Congressional Notification
III. Approval of the Secretary
I. General Discussion
DOE is rescinding the application process codified in 10 CFR
205.320 through 10 CFR 205.329. Authority for these sections can be
found at E.O. 10485 as amended by E.O. 12038. Extensive regulations
established in response to these EOs impose economic, administrative
and procedural burdens on applicants. Such burdens impede private
enterprise and entrepreneurship and run contrary to the President's
goal of unleashing American energy. E.O. 14154.
Further, Executive Order 14192 Unleashing Prosperity Through
Deregulation explicitly makes it ``the policy of the executive branch .
. . to alleviate unnecessary regulatory burdens placed on the American
people.'' Such burdens ``are often difficult for the average person or
business to understand, as they require synthesizing the collective
meaning not just of formal regulations but also rules, memoranda,
administrative orders, guidance documents, policy statements, and
interagency agreements that are not subject to the Administrative
Procedure Act, further increasing compliance costs and the risk of
costs of non-compliance.'' Id. The Secretary is therefore proposing to
reduce regulatory burden wherever possible.
Additionally, as the authority for the aforementioned sections
rests in Executive Order, it is at the discretion of the Executive
branch as to how the order is applied.
Accordingly, DOE removes the aforementioned sections from
regulation to reduce burden and remove out of date requirements while
simultaneously bolstering American energy dominance by reducing
barriers in the construction of facilities on the border. The rule
rescission should help increase exports and subsequently the reliance
of foreign nations on American energy. DOE seeks comment on all aspects
of the rule, including but not limited to the prior rule's consistency
with statutory authority and the Constitution, national security,
whether the prior rules are out of date, the prior rule's costs and
benefits, and the prior rule's effect on small business,
entrepreneurship and private enterprise.
II. Procedural Issues and Regulatory Review
A. Review Under Executive Orders 12866
Executive Order (``E.O.'') 12866, ``Regulatory Planning and
Review,'' 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; (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
[[Page 20754]]
approaches, those approaches that maximize net benefits; (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. For the
reasons set forth herein, this regulatory action is consistent with
these principles.
B. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of an initial regulatory flexibility analysis (``IRFA'')
and a final regulatory flexibility analysis (``FRFA'') for any rule
that by law must be proposed for public comment, unless the agency
certifies that the rule, if promulgated, will not have a significant
economic impact on a substantial number of small entities. As required
by E.O. 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
(<a href="http://www.energy.gov/gc/office-general-counsel">www.energy.gov/gc/office-general-counsel</a>).
DOE reviewed the amendment under the provisions of the Regulatory
Flexibility Act and the policies and procedures published on February
19, 2003. This rule eliminates requirements. Therefore, DOE concludes
that the impacts thereof would not have a ``significant economic impact
on a substantial number of small entities,'' and that the preparation
of an IRFA is not warranted. DOE will transmit this certification and
supporting statement of factual basis to the Chief Counsel for Advocacy
of the Small Business Administration for review under 5 U.S.C. 605(b).
C. Review Under the Paperwork Reduction Act
This amendment imposes no new information or record-keeping
requirements. Accordingly, OMB clearance is not required under the
Paperwork Reduction Act. (44 U.S.C. 3501 et seq.).
D. Review Under the National Environmental Policy Act of 1969
DOE has analyzed this action in accordance with the National
Environmental Policy Act of 1969, as amended, (``NEPA'') and DOE's NEPA
implementing regulations (10 CFR part 1021). DOE's regulations include
a categorical exclusion for rulemakings that are strictly procedural.
See 10 CFR part 1021, subpart D, appendix A6. DOE has determined that
this rulemaking qualifies for categorical exclusion A6 because it is a
strictly procedural rulemaking.
E. Review Under Executive Order 13132
E.O. 13132, ``Federalism,'' 64 FR 43255 (Aug. 10, 1999), imposes
certain requirements on Federal agencies formulating and implementing
policies or regulations that preempt State law or that have federalism
implications. The Executive Order requires agencies to examine the
constitutional and statutory authority supporting any action that would
limit the policymaking discretion of the States and to 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 amendment and has determined that it would
not have a substantial direct effect on the States, on the relationship
between the Federal government and the States, or on the distribution
of power and responsibilities among the various levels of government.
Therefore, no further action is required by E.O. 13132.
F. Review Under Executive Order 12988
With respect to the review of existing regulations and the
promulgation of new regulations, section 3(a) of E.O. 12988, ``Civil
Justice Reform,'' 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. 61 FR
4729 (Feb. 7, 1996). Regarding the review required by section 3(a),
section 3(b) of E.O. 12988 specifically requires that Executive
agencies make every reasonable effort to ensure that 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 affected conduct while promoting simplification and
burden reduction, (4) specifies the retroactive effect, if any, (5)
adequately defines key terms, and (6) addresses other important issues
affecting clarity and general draftsmanship under any guidelines issued
by the Attorney General.
Section 3(c) of E.O. 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 them. DOE has completed the required review and
determined that, to the extent permitted by law, this amendment meets
the relevant standards of E.O. 12988.
G. Review Under the Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (``UMRA'')
requires each Federal agency to assess the effects of Federal
regulatory actions on State, local, and Tribal governments and the
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531).
For a 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 ``significant
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. DOE's policy statement is also available at
<a href="http://www.energy.gov/sites/prod/files/gcprod/documents/umra_97.pdf">www.energy.gov/sites/prod/files/gcprod/documents/umra_97.pdf</a>.
DOE examined this amendment according to UMRA and its statement of
policy and determined that the amendment does not contain a Federal
intergovernmental mandate, nor is it expected to require expenditures
of
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$100 million or more in any one year by State, local, and Tribal
governments, in the aggregate, or by the private sector. As a result,
the analytical requirements of UMRA do not apply.
H. 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 rule that may affect family well-being.
This amendment 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.
I. Review Under Executive Order 12630
Pursuant to E.O. 12630, ``Governmental Actions and Interference
with Constitutionally Protected Property Rights,'' 53 FR 8859 (March
18, 1988), DOE has determined that this amendment would not result in
any takings that might require compensation under the Fifth Amendment
to the U.S. Constitution.
J. 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, note) provides for Federal agencies to
review most disseminations of information to the public under
information quality guidelines established by each agency pursuant to
general guidelines issued by OMB. OMB's guidelines were published at 67
FR 8452 (Feb. 22, 2002), and DOE's guidelines were published at 67 FR
62446 (Oct. 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: <a href="https://www.energy.gov/cio/department-energy-information-quality-guidelines">https://www.energy.gov/cio/department-energy-information-quality-guidelines</a>.
DOE has reviewed this amendment under the OMB and DOE guidelines and
has concluded that it is consistent with applicable policies in those
guidelines.
K. Review Under Executive Order 13211
E.O. 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 OIRA at OMB,
a Statement of Energy Effects for any 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) is a significant regulatory action under Executive
Order 12866, or any successor order and is likely to have a significant
adverse effect on the supply, distribution, or use of energy; or (2) is
designated by the Administrator of OIRA as a significant energy action.
For any significant energy action, the agency must give a detailed
statement of any adverse effects on energy supply, distribution, or use
should the rule be implemented, and of reasonable alternatives to the
action and their expected benefits on energy supply, distribution, and
use.
DOE has tentatively determined that this rule would not have a
significant adverse effect on the supply, distribution, or use of
energy. Accordingly, DOE has not prepared a Statement of Energy
Effects. DOE may prepare such a statement for the final rule, and seeks
all comments.
L. Review Under Additional Executive Orders and Presidential Memoranda
DOE has examined this rulemaking and has determined that it is
consistent with the policies and directives outlined in E.O. 14154
``Unleashing American Energy,'': E.O. 14192, ``Unleashing Prosperity
Through Deregulation,''; E.O. 14219 ``Ensuring Lawful Governance and
Implementing the President's `Department of Government Efficiency'
Deregulatory Initiative'' and Presidential Memorandum, ``Delivering
Emergency Price Relief for American Families and Defeating the Cost-of-
Living Crisis.'' This rule is expected to be an Executive Order 14192
deregulatory action.
M. Congressional Notification
As required by 5 U.S.C. 801, DOE will report to Congress on the
promulgation of this rule before its effective date.
III. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this direct
final rule; request for comments.
List of Subjects in 10 CFR Part 205
Administrative practice and procedure, Electric power, Electric
utilities, Energy, Environmental protection, Exports, Foreign
relations.
Signing Authority
This document of the Department of Energy was signed on May 9,
2025, by Chris Wright, 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 May 9, 2025
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
For the reasons in the preamble, DOE amends part 205 of chapter II,
title 10 of the Code of Federal Regulations, as set forth:
PART 205--ADMINISTRATIVE PROCEDURES AND SANCTIONS
0
1. The authority-citation for part 205 continues to read as follows:
Authority: Emergency Petroleum Allocation Act of 1973, Pub. L.
93-159; Federal Energy Administration Act of 1974, Pub. L. 93-275
(88 Stat. 96; E.O. 11790, 39 FR 23185); 42 U.S.C. 7101 et seq.,
unless otherwise noted. Pub. L. 95-91, 91 Stat. 565 (42 U.S.C.
7101); Pub. L. 66-280, 41 Stat. 1063 (16 U.S.C. 792 et seq.); E.O.
10485, 18 FR 5397, 3 CFR, 1949-1953, Comp., p. 970 as amended by
E.O. 12038, 43 FR 4957, 3 CFR 1978 Comp., p. 136; Department of
Energy Delegation Order No. 00-002.00Q (Nov. 1, 2018).
Sec. Sec. 205.320 through 205.329 [Removed and Reserved]
0
2. Remove the undesignated center heading ``Application for
Presidential Permit Authorizing the Construction, Connection,
Operation, and Maintenance of Facilities for Transmission of Electric
Energy at International Boundaries'' above Sec. 205.320, and remove
and reserve Sec. Sec. 205.320 through 205.329.
[FR Doc. 2025-08539 Filed 5-12-25; 9:30 am]
BILLING CODE 6450-01-P
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