Rule2025-12464
Removal of References to the Council on Environmental Quality's Rescinded Regulations
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
July 3, 2025
Effective
August 18, 2025
Issuing agencies
Energy DepartmentFederal Energy Regulatory Commission
Abstract
The Federal Energy Regulatory Commission is issuing this final rule to revise its regulations implementing the National Environmental Policy Act and its Rules of Practice and Procedure to remove reference to the Council on Environmental Quality's rescinded regulations.
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 126 (Thursday, July 3, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 126 (Thursday, July 3, 2025)]
[Rules and Regulations]
[Pages 29423-29425]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12464]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
18 CFR Parts 380, 385
[Docket No. RM25-11-000; ORDER NO. 908]
Removal of References to the Council on Environmental Quality's
Rescinded Regulations
AGENCY: Federal Energy Regulatory Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Federal Energy Regulatory Commission is issuing this final
rule to revise its regulations implementing the National Environmental
Policy Act and its Rules of Practice and Procedure to remove reference
to the Council on Environmental Quality's rescinded regulations.
DATES: This rule will become effective August 18, 2025.
FOR FURTHER INFORMATION CONTACT:
Thomas Blonkowski, Office of the General Counsel, Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426, (202)
502-8950. <a href="/cdn-cgi/l/email-protection#592d313634382a773b35363732362e2a3230193f3c2b3a773e362f"><span class="__cf_email__" data-cfemail="0a7e6265676b79246866656461657d7961634a6c6f7869246d657c">[email protected]</span></a>
Brandon Cherry, Office of Energy Projects, Federal Energy Regulatory
Commission, 888 First Street NE, Washington, DC 20426, (202) 502-8328,
<a href="/cdn-cgi/l/email-protection#224050434c464d4c0c414a4750505b62444750410c454d54"><span class="__cf_email__" data-cfemail="bad8c8dbd4ded5d494d9d2dfc8c8c3fadcdfc8d994ddd5cc">[email protected]</span></a>
SUPPLEMENTARY INFORMATION:
I. Background
1. The Federal Energy Regulatory Commission (Commission) is issuing
this final rule to remove references to the Council on Environmental
Quality's (CEQ) rescinded regulations from the Commission's part 380
Regulations Implementing the National Environmental Policy Act \1\
(NEPA) and part 385 Rules of Practice and Procedure.\2\
---------------------------------------------------------------------------
\1\ 18 CFR pt. 380.
\2\ 18 CFR pt. 385.
---------------------------------------------------------------------------
II. Discussion
2. The Commission's regulations, since 1970, have included
provisions to implement NEPA.\3\ On December 17, 1987, the Commission
revised its regulations to include its part 380 regulations
implementing NEPA.\4\ In the 1987 rulemaking, the Commission explained
that the part 380 regulations require applicants to provide specific
information on the environmental
[[Page 29424]]
impacts of a proposed project under the Natural Gas Act or Federal
Power Act and develop specific procedures for the Commission to
evaluate project applications.\5\ The Commission also clarified that it
was voluntarily complying with the CEQ regulations.\6\
---------------------------------------------------------------------------
\3\ 35 FR 18958 (Dec. 15, 1970).
\4\ 52 FR 47897 (Dec. 17, 1987).
\5\ Id. at 47898.
\6\ Id.
---------------------------------------------------------------------------
3. CEQ removed its NEPA implementing regulations from the Code of
Federal Regulations, 40 CFR 1500-1508, effective April 11, 2025.\7\ As
CEQ explained in its rulemaking, Executive Order 14154, Unleashing
American Energy,\8\ repealed Executive Order 11991, Relating to
Protection and Enhancement of Environmental Quality, which directed CEQ
to promulgate regulations and required Federal agencies to comply with
the CEQ regulations.\9\
---------------------------------------------------------------------------
\7\ Removal of National Environmental Policy Act Implementing
Regulations, 90 FR 10610 (Feb. 25, 2025) (rescission effective on
April 11, 2025).
\8\ 90 FR 8353 (Jan. 20, 2025).
\9\ 42 FR 26967 (May 25, 1977).
---------------------------------------------------------------------------
4. The Commission's regulations include reference to CEQ's
rescinded regulations at 18 CFR 380.1, 380.3, 380.4, 380.7, 380.8,
380.9, and 385.2201. As CEQ's regulations have been rescinded, this
rulemaking removes those references and, where applicable, the citation
to CEQ's regulation is replaced with a citation to NEPA.
III. Regulatory Planning and Review
5. Executive Order 12866, Regulatory Planning and Review, as
amended by Executive Orders 14215, Ensuring Accountability for All
Agencies and 13563, Improving Regulation and Regulatory Review, directs
agencies to assess the costs and benefits of available regulatory
alternatives, and if regulation is necessary, to select regulatory
approaches that maximize net benefits (including potential economic,
environmental, public health and safety effects, distributive impacts,
and equity). Executive Order 13563 emphasizes the importance of
quantifying costs and benefits, reducing costs, harmonizing rules, and
promoting flexibility. The Office of Information and Regulatory Affairs
has designated this final rule ``a significant regulatory action'' as
defined under section 3(f) of Executive Order 12866, though not
economically significant under 3(f)(1). Accordingly, the Commission
submitted this final rule to Office of Management and Budget (OMB) for
Executive Order 12866 review. This final rule is considered a
deregulatory action under Executive Order 14192, Unleashing Prosperity
Through Deregulation.
IV. Information Collection Statement
6. OMB regulations implementing the Paperwork Reduction Act require
agencies to seek approval for information collection requirements
imposed by agency rules.\10\ This final rule, however, results in no
new, additional, or different reporting burdens. This final rule does
not require applicants under the Federal Power Act or Natural Gas Act,
or indeed any participant in a Commission proceeding, to file new,
additional, or different information, and it does not change the
frequency with which they must file information.
---------------------------------------------------------------------------
\10\ 5 CFR 1320.12.
---------------------------------------------------------------------------
V. Environmental Analysis
7. Under NEPA, the Commission is required to prepare an
Environmental Assessment or an Environmental Impact Statement for any
action that may have a significant adverse effect on the human
environment.\11\ Section 380.4 of the Commission's regulations sets out
categorical exclusions for projects or actions that do not individually
or cumulatively have a significant effect on the human environment,
which negates the need to prepare an Environmental Assessment or
Environmental Impact Statement.\12\ Section 380.4(a)(2)(ii) provides a
categorical exclusion for the promulgation of rules that are
clarifying, corrective, or procedural or that do not substantially
change the effect of the regulations being amended.\13\ This rule is
clarifying and corrective as it amends the Commission's regulations to
remove references to CEQ's rescinded regulations. Accordingly, this
rulemaking is categorically excluded from the requirement to prepare an
Environmental Assessment or Environmental Impact Statement under that
provision.
---------------------------------------------------------------------------
\11\ Reguls. Implementing the Nat'l Env't Policy Act, Order No.
486, 52 FR 47897 (Dec. 17, 1987), FERC Stats. & Regs. Preambles
1986-1990 ] 30,783 (1987) (cross-referenced at 41 FERC ] 61,284).
\12\ 18 CFR 380.4.
\13\ Id. 380.4(a)(2)(ii).
---------------------------------------------------------------------------
VI. Regulatory Flexibility Act
8. The Regulatory Flexibility Act of 1980 (RFA) \14\ generally
requires a description and analysis of final rules that will have a
significant economic impact on a substantial number of small entities.
This final rule removes now-nugatory references to rescinded
regulations, and it will not have such an impact. The Commission
therefore certifies that this final rule will not have a significant
economic impact on a substantial number of small entities. Accordingly,
an analysis under the RFA is not required.
---------------------------------------------------------------------------
\14\ 5 U.S.C. 601-612.
---------------------------------------------------------------------------
VII. Document Availability
9. In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (<a href="http://www.ferc.gov">http://www.ferc.gov</a>).
10. From the Commission's Home Page on the internet, this
information is available on eLibrary. The full text of this document is
available on eLibrary in PDF and Microsoft Word format for viewing,
printing, and/or downloading. To access this document in eLibrary, type
the docket number excluding the last three digits of this document in
the docket number field.
11. User assistance is available for eLibrary and the Commission's
website during normal business hours from FERC Online Support at (202)
502-6652 (toll free at 1-866-208-3676) or email at
<a href="/cdn-cgi/l/email-protection#d5b3b0a7b6babbb9bcbbb0a6a0a5a5baa7a195b3b0a7b6fbb2baa3"><span class="__cf_email__" data-cfemail="eb8d8e998884858782858e989e9b9b84999fab8d8e9988c58c849d">[email protected]</span></a>, or the Public Reference Room at (202) 502-
8371, TTY (202) 502-8659. Email the Public Reference Room at
<a href="/cdn-cgi/l/email-protection#166663747a7f75386473707364737875736479797b567073647538717960"><span class="__cf_email__" data-cfemail="631316010f0a004d1106050611060d0006110c0c0e23050611004d040c15">[email protected]</span></a>.
VIII. Effective Date and Congressional Notification
12. The provisions of 5 U.S.C. 801 regarding Congressional review
of final rules do not apply to this final rule because the rule
concerns the removal of references to CEQ's rescinded regulations and
therefore is a rule of agency procedure or practice that will not
substantially affect the rights or obligations of non-agency
parties.\15\
---------------------------------------------------------------------------
\15\ 5 U.S.C. 804(3)(C).
---------------------------------------------------------------------------
13. Under 5 U.S.C. 553(b)(B), notice-and-comment rulemaking
procedures are not required when the agency for good cause finds that
notice and public procedure are impracticable, unnecessary, or contrary
to the public interest. Notice-and-comment procedures are unnecessary
for this rule because it merely clarifies and corrects the Commission's
NEPA procedures by removing references to CEQ's rescinded
regulations.\16\ Public comment would serve no purpose here because the
Commission's action removes references to regulatory provisions that,
for reasons outside of the Commission's control, have been rendered
legally inoperative. In short, CEQ's recission of its own regulations
provides good cause for the Commission to remove without prior
[[Page 29425]]
solicitation of comment references to CEQ's regulations from the
Commission's regulations, so observance of that procedure here is
unnecessary.
---------------------------------------------------------------------------
\16\ Removal of National Environmental Policy Act Implementing
Regulations, 90 FR 10610 (Feb. 25, 2025) (rescinding 40 CFR 1500-
1508, effective April 11, 2025).
---------------------------------------------------------------------------
14. This rule is effective on August 18, 2025.
List of Subjects
18 CFR Part 380
Environmental impact statements, Reporting and recordkeeping
requirements.
18 CFR Part 385
Administrative practice and procedure, Electric power, Penalties,
Pipelines, Reporting and recordkeeping requirements.
Issued: June 30, 2025.
Carlos D. Clay,
Deputy Secretary.
In consideration of the foregoing, the Commission amends parts 380
and 385, Chapter I, Title 18, Code of Federal Regulations, as follows:
PART 380--REGULATIONS IMPLEMENTING THE NATIONAL ENVIRONMENTAL
POLICY ACT
0
1. The authority citation for part 380 continues to read as follows:
Authority: 42 U.S.C. 4321-4370h, 7101-7352; E.O. 12009, 3 CFR
1978 Comp., p. 142.
0
2. Revise Sec. 380.1 to read as follows:
Sec. 380.1 Purpose.
The regulations in this part implement the Federal Energy
Regulatory Commission's procedures under the National Environmental
Policy Act of 1969 (NEPA).
0
3. Revise Sec. 380.3(a)(2) to read as follows:
Sec. 380.3 Environmental information to be supplied by an applicant.
(a) * * *
(2) For any proposal not identified in paragraph (a)(1) of this
section, any environmental information that the Commission may
determine is necessary for compliance with these regulations, NEPA, and
other Federal laws such as the Endangered Species Act, the National
Historic Preservation Act or the Coastal Zone Management Act.
* * * * *
0
4. Revise Sec. 380.4(b)(1) to read as follows:
Sec. 380.4 Projects or actions categorically excluded.
* * * * *
(b) * * *
(1) The Commission and its staff will independently evaluate
environmental information supplied in an application and in comments by
the public. Where circumstances indicate that an action may be a major
Federal action significantly affecting the quality of the human
environment, the Commission:
(i) May require an environmental report or other additional
environmental information, and
(ii) Will prepare an environmental assessment or an environmental
impact statement.
* * * * *
0
5. Revise Sec. 380.7 to read as follows:
Sec. 380.7 Format of an environmental impact statement.
In addition to the requirements for an environmental impact
statement prescribed in section 102(2)(C) of NEPA, 42 U.S.C.
4332(2)(C), an environmental impact statement prepared by the
Commission will include a section on the literature cited in the
environmental impact statement and a staff conclusion section. The
staff conclusion section will include summaries of:
(a) The significant environmental impacts of the proposed action;
(b) Any alternative to the proposed action that would have a less
severe environmental impact or impacts and the action preferred by the
staff;
(c) Any mitigation measures proposed by the applicant, as well as
additional mitigation measures that might be more effective;
(d) Any significant environmental impacts of the proposed action
that cannot be mitigated; and
(e) References to any pending, completed, or recommended studies
that might provide baseline data or additional data on the proposed
action.
0
6. Revise Sec. 380.8 to read as follows:
Sec. 380.8 Preparation of environmental documents.
The preparation of environmental documents, as defined in section
111(5) of NEPA, 42 U.S.C. 4336e(5), on hydroelectric projects, natural
gas facilities, and electric transmission facilities in national
interest electric transmission corridors is the responsibility of the
Commission's Office of Energy Projects, 888 First Street NE,
Washington, DC 20426, (202) 502-8700. Persons interested in status
reports or information on environmental impact statements or other
elements of the NEPA process, including the studies or other
information the Commission may require on these projects, can contact
this office.
0
7. Revise Sec. 380.9(a) to read as follows:
Sec. 380.9 Public availability of NEPA documents and public notice of
NEPA related hearings and public meetings.
(a)(1) The Commission will comply with the requirements of section
107(c) of NEPA, 42 U.S.C. 4336a(c).
(2) If an action has effects of primarily local concern, the
Commission may give additional notice in a Commission order.
* * * * *
PART 385--RULES OF PRACTICE AND PROCEDURE
0
8. The authority citation for part 385 continues to read as follows:
Authority: 5 U.S.C. 551-557; 15 U.S.C. 717-717w, 3301-3432; 16
U.S.C. 791a-825v, 2601-2645; 28 U.S.C. 2461; 31 U.S.C. 3701, 9701;
42 U.S.C. 7101-7352, 16441, 16451-16463; 49 U.S.C. 60502; 49 App.
U.S.C. 1-85 (1988); 28 U.S.C. 2461 note (1990); 28 U.S.C. 2461 note
(2015).
0
9. Revise section Sec. 385.2201(g)(1) to read as follows:
Sec. 385.2201 Rules governing off-the-record communications (Rule
2201).
* * * * *
(g) * * *
(1) Any document, or a summary of the substance of any oral
communication, obtained through an exempt off-the-record communication
under paragraphs (e)(1)(ii), (iv), (v), (vi) or (vii) of this section,
promptly will be submitted to the Secretary and placed in the
decisional record of the relevant Commission proceeding, unless the
communication was with a cooperating agency as described by 42 U.S.C.
4336e(2), made under paragraph (e)(1)(v) of this section.
* * * * *
[FR Doc. 2025-12464 Filed 7-1-25; 2:30 pm]
BILLING CODE 6717-01-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on July 3, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.