Proposed Rule2025-08586
Compliance With Floodplain and Wetland Environmental Review Requirements
Primary source
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Published
May 16, 2025
Issuing agencies
Energy Department
Abstract
The U.S. Department of Energy (DOE) is proposing to rescind certain regulations for compliance with floodplain and wetlands environmental review requirements. The Department seeks comments on any reason to rescind or not rescind these regulations. DOE expects to issue new procedures for discharging DOE's responsibilities under certain Executive orders published outside of the Code of Federal Regulations.
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)]
[Proposed Rules]
[Pages 20947-20949]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-08586]
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DEPARTMENT OF ENERGY
10 CFR Part 1022
[DOE-HQ-2025-0020]
RIN 1901-AB70
Compliance With Floodplain and Wetland Environmental Review
Requirements
AGENCY: Office of NEPA Policy and Compliance, Department of Energy
(DOE).
ACTION: Proposed rule; request for comments.
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SUMMARY: The U.S. Department of Energy (DOE) is proposing to rescind
certain regulations for compliance with floodplain and wetlands
environmental review requirements. The Department seeks comments on any
reason to rescind or not rescind these regulations. DOE expects to
issue new procedures for discharging DOE's responsibilities under
certain Executive orders published outside of the Code of Federal
Regulations.
DATES: Comments: Written comments, data, and information must be
received no later than July 15, 2025.
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-2025-0020. Follow the instructions for submitting
comments. The docket for this notice of proposed rulemaking, 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-2025-0020">www.regulations.gov/docket/DOE-HQ-2025-0020</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://www.regulations.gov">www.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#b6f2f9f3f1d3d8d3c4d7daf5d9c3d8c5d3daf6dec798d2d9d398d1d9c0"><span class="__cf_email__" data-cfemail="2f6b606a684a414a5d4e436c405a415c4a436f475e014b404a01484059">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. General Discussion
The U.S. Department of Energy (DOE) established the floodplain and
wetland environmental review requirements at 10 CFR part 1022 in
compliance with Executive Order (E.O.) 11988--Floodplain Management,
and E.O. 11990--Protection of Wetlands through a final rule in 1979. 44
FR 12594 (March 7, 1979). E.O. 11988 directs each Federal agency to
issue or amend existing regulations and procedures to ensure that the
potential effects of any action it may take in a floodplain are
evaluated and that its planning programs and budget requests reflect
consideration of flood hazards and floodplain management. E.O. 11990
directs all Federal agencies to issue or amend existing procedures to
ensure consideration of wetlands protection in decision making and to
ensure the evaluation of the potential impacts of any new construction
proposed in a wetland. DOE's floodplain and wetland environmental
review requirements were later amended in 2003. 68 FR 51429 (Aug. 27,
2003). DOE is now proposing to rescind the regulations at 10 CFR part
1022 in full. The Department seeks comments on any reason to rescind or
not rescind these regulations.
[[Page 20948]]
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. For the reasons stated in the preamble, this
proposed 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 this proposed rule under the provisions of the
Regulatory Flexibility Act and the policies and procedures published on
February 19, 2003. This proposed rule would rescind requirements.
Therefore, DOE initially concludes that the impacts of the proposed
rule 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 proposed rule 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 is analyzing 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 categorical exclusions for certain rulemakings. See 10 CFR part
1021, subpart D, appendices A and B. DOE is considering the categorical
exclusions potentially applicable to this proposed rule and welcomes
comment on the potential application of categorical exclusion(s). DOE
will complete its NEPA review before issuing the final rule.
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 proposed rule and has tentatively determined
that it 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. 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 if 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 proposed rule 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
[[Page 20949]]
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 proposed rule according to UMRA and its statement
of policy and determined that the proposed rescission 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 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.
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 proposed rescission 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 proposed rule 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 proposal 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 proposed rule and has tentatively 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 proposed rule, if finalized, is
expected to be an Executive Order 14192 deregulatory action.
III. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this notice of
proposed rulemaking; request for comment.
List of Subjects in 10 CFR Part 1022
Flood plains.
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.
Jennifer Hartzell,
Alternate Federal Register Liaison Officer, U.S. Department of Energy.
PART 1022--[REMOVED]
0
For the reasons set forth in the preamble, under the authority of 42
U.S.C. 7101 et seq.; 50 U.S.C. 2401 et seq.; E.O. 11988, 42 FR 26951, 3
CFR Comp., p. 117; E.O. 11990, 42 FR 26961, 3 CFR, 1977 Comp., p. 121;
E.O. 12372, 47 FR 30959, 3 CFR, 1982 Comp., p. 197, DOE is proposing to
remove part 1022 of chapter X of title 10 of the Code of Federal
Regulations.
[FR Doc. 2025-08586 Filed 5-12-25; 9:30 am]
BILLING CODE 6450-01-P
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