Rule2025-08554
Amending the Administrative Procedures With Respect to the Import and Export of Natural Gas
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 16, 2025
Effective
July 15, 2025
Issuing agencies
Energy Department
Abstract
This DFR amends the regulations for the administrative procedures with respect to the import and export of natural gas to update and streamline the general requirements for filing documents with the Office of Fossil Energy (FE). Specifically, this change is made to remove references to offices that no longer exist, allow for the submission of documents online, allow for electronic service, update filing fee instructions, and remove the unnecessary and burdensome requirement that applicants submit multiple copies of applications, filings, and submittals.
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 20758-20761]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-08554]
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DEPARTMENT OF ENERGY
10 CFR Part 590
[DOE-HQ-2025-0010]
RIN 1901-AB67
Amending the Administrative Procedures With Respect to the Import
and Export of Natural Gas
AGENCY: Department of Energy (DOE); Fossil Energy.
ACTION: Direct final rule (DFR); request for comments.
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SUMMARY: This DFR amends the regulations for the administrative
procedures with respect to the import and export of natural gas to
update and streamline the general requirements for filing documents
with the Office of Fossil Energy (FE). Specifically, this change is
made to remove references to offices that no longer exist, allow for
the submission of documents online, allow for electronic service,
update filing fee instructions, and remove the unnecessary and
burdensome requirement that applicants submit multiple copies of
applications, filings, and submittals.
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-2025-0010. 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-2025-0010">www.regulations.gov/docket/DOE-HQ-2025-0010</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#94d0dbd1d3f1faf1e6f5f8d7fbe1fae7f1f8d4fce5baf0fbf1baf3fbe2"><span class="__cf_email__" data-cfemail="6e2a212b290b000b1c0f022d011b001d0b022e061f400a010b40090118">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
[[Page 20759]]
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 amending Part 590 of Title 10, Code of Federal Regulations
by this direct final rule. Part 590 contains rules that govern the
administrative procedures with respect to the import and export of
natural gas. On July 25, 2018, DOE amended the Part 590 regulations for
the first time since being promulgated by DOE in 1989. See 83 FR 35106.
DOE now amends the Part 590 regulations again to remove antiquated
references and update submission processes to reduce the burden on the
public. Notably, DOE is moving the general requirements for filing
documents with FE to FE's website (<a href="https://www.energy.gov/fe/regulation">https://www.energy.gov/fe/regulation</a>). Doing so allows FE to update filing instructions to
increase accuracy and decrease unnecessary burdens on the public. For
example, the regulations as currently written require parties to submit
``an original and fifteen (15) copies of all applications, filings and
submittals'' to FE. See Sec. 590.103(a). This may have been an
appropriate and reasonable requirement when the regulations were first
promulgated in 1989, but this requirement does not serve any legitimate
purpose today and only serves to create an unnecessary burden on the
public. The regulations also currently require parties to physically
file documents to the ``Office of Fuels Program'' (see Sec. 590.104),
an office that no longer exists. Additionally, the regulations as
currently written do not contemplate submission, inspection, or service
of documents through electronic means. See, e.g., Sec. Sec.
590.103(a), 590.104, 590.106, 590.107(c), 590.107(e). Finally, the
regulations as currently written are inaccurate with respect to the
payment of filing fees (see Sec. 590.207) since checks are no longer
accepted and filing fees must be submitted electronically. DOE is
updating these antiquated aspects of the regulation to bring the
process into the 21st century.
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 (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; (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.
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 this amendment under the provisions of the Regulatory
Flexibility Act and the policies and procedures published on February
19, 2003. This direct final rule streamlines and eliminates
regulations. Therefore, DOE initially concludes that the impacts of the
amendment 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 proposed 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.
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
[[Page 20760]]
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)) The 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 $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 amendment 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,'' and Presidential Memorandum, ``Delivering
Emergency Price Relief for American Families and Defeating the Cost-of-
Living Crisis.'' This amendment 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 notice of
direct final rule; and request for comment.
List of Subjects in 10 CFR Part 590
Administrative practice and procedure, Exports, Natural gas,
[[Page 20761]]
Reporting and recordkeeping requirements.
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 set forth in the preamble, DOE amends part 590 of
chapter II, subchapter G, of title 10 of the Code of Federal
Regulations, as set forth below:
PART 590--ADMINISTRATIVE PROCEDURES WITH RESPECT TO THE IMPORT AND
EXPORT OF NATURAL GAS
0
1. The authority for part 590 continues to read as follows:
Authority: Secs. 301(b), 402(f), and 644, Pub. L. 95-91, 91
Stat. 578, 585, and 599 (42 U.S.C. 7151(b), 7172(f), and 7254), Sec.
3, Act of June 21, 1938, c. 556, 52 Stat. 822 (15 U.S.C. 717b); E.O.
12009 (42 FR 46267, September 15, 1977); DOE Delegation Order Nos.
0204-111 and 0204-127 (49 FR 6684, February 22, 1984; 54 FR 11437,
March 20, 1989).
Sec. 590.103 [Amended]
0
2. Amend Sec. 590.103(a) by removing ``under this part. Such document
shall be considered officially filed with FE when it has been received
and stamped with the time and date of receipt by the Office of Fuels
Programs, FE. Documents transmitted to FE must be addressed as provided
in Sec. 590.104. All documents and exhibits become part of the record
in the official FE docket file and will not be returned. An original
and fifteen (15) copies of all applications, filings and submittals
shall be provided to FE. No specific format is required. Applicants
required to file quarterly reports as a condition to an authorization
need only file an original and four (4) copies'' and adding in its
place ``in accordance with the instructions at FE's website: <a href="https://www.energy.gov/fe/regulation">https://www.energy.gov/fe/regulation</a>''.
0
3. Revise Sec. 590.104 to read as follows:
Sec. 590.104 Address for filing documents.
Documents shall be filed in accordance with the instructions at
FE's website: <a href="https://www.energy.gov/fe/regulation">https://www.energy.gov/fe/regulation</a>.
Sec. 590.105 [Amended]
0
4. Amend Sec. 590.105(c) by removing ``by the Office of Fuels
Programs, FE,''.
Sec. 590.106 [Amended]
0
5. Amend Sec. 590.106 by removing ``shall be available for inspection
and copying by the public during regular business hours between 8 a.m.
and 4:30 p.m. Dockets are located in the Office of Fuels Programs, FE,
Docket Room 3F-056, Forrestal Building, 1000 Independence Avenue SW,
Washington, DC 20585'' and adding in its place ``are available online
(<a href="https://www.energy.gov/fe/articles/electronic-docket-room-e-docket-room">https://www.energy.gov/fe/articles/electronic-docket-room-e-docket-room</a>). Additional information about the contents of dockets and how to
access them can be found here: <a href="https://www.energy.gov/fe/regulation">https://www.energy.gov/fe/regulation</a>''.
Sec. 590.107 [Amended]
0
5. Amend Sec. 590.107 by:
0
A. In paragraph (c), by adding ``electronically (preferred),'' after
``may be served''.
0
B. In paragraph (e) by inserting ``electronically (preferred),'' after
``on the parties by FE either''.
Sec. 590.108 [Amended]
0
7. Amend Sec. 590.108(a)(4) by removing ``for Fuels Programs'' after
``Deputy Assistant Secretary''.
Sec. 590.202 [Amended]
0
8. Amend Sec. 590.202(a) by striking ``a maximum of'' before ``two
persons''.
Sec. 590.207 [Amended]
0
9. Amend Sec. 590.207 by removing ``Checks shall be made payable to
``Treasury of the United States'''' and adding in its place
``Instructions on submitting the filing fee can be found here: <a href="https://www.energy.gov/fe/submitting-electronic-payment">https://www.energy.gov/fe/submitting-electronic-payment</a>''.
[FR Doc. 2025-08554 Filed 5-12-25; 9:30 am]
BILLING CODE 6450-01-P
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