Rule2025-13135
Rescinding Obsolete Transfer of Proceedings Regulations
Primary source
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Published
July 14, 2025
Effective
August 13, 2025
Issuing agencies
Energy Department
Abstract
The Department of Energy ("DOE") is publishing this document to respond to comments received on the direct final rule rescinding regulations outlining the 1977 transfer of proceedings to DOE from its predecessor agencies that published on May 16, 2025. As a result, DOE delays the effective date of the direct final rule.
Full Text
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<title>Federal Register, Volume 90 Issue 132 (Monday, July 14, 2025)</title>
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[Federal Register Volume 90, Number 132 (Monday, July 14, 2025)]
[Rules and Regulations]
[Pages 31138-31139]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-13135]
[[Page 31138]]
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DEPARTMENT OF ENERGY
10 CFR Part 1000
[DOE-HQ-2025-0018]
RIN 1990-AA53
Rescinding Obsolete Transfer of Proceedings Regulations
AGENCY: Office of the General Counsel, Department of Energy (DOE).
ACTION: Direct final rule; delay of effective date; response to
comments.
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SUMMARY: The Department of Energy (``DOE'') is publishing this document
to respond to comments received on the direct final rule rescinding
regulations outlining the 1977 transfer of proceedings to DOE from its
predecessor agencies that published on May 16, 2025. As a result, DOE
delays the effective date of the direct final rule.
DATES: As of July 14, 2025, the effective date of the direct final rule
published May 16, 2025, at 90 FR 20772, is delayed until August 13,
2025.
FOR FURTHER INFORMATION CONTACT: Mr. Jeffrey Novak, U.S. Department of
Energy, Office of the General Counsel, General Counsel, 1000
Independence Avenue SW, Washington, DC 20585-0121; (202) 586-5281 or
<a href="/cdn-cgi/l/email-protection#397d767c7e5c575c4b58557a564c574a5c55795148175d565c175e564f"><span class="__cf_email__" data-cfemail="bffbf0faf8dad1dacdded3fcd0cad1ccdad3ffd7ce91dbd0da91d8d0c9">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. May 2025 Direct Final Rule
DOE is rescinding part 1000 of title 10, Code of Federal
Regulations by this rule. In 1977, the Department of Energy
Organization Act (Pub. L. 95-91) consolidated certain functions
previously performed by several Federal agencies within DOE, including
the Federal Energy Regulatory Commission (FERC). Part 1000 outlined
which certain of these functions and proceedings would be transferred
to the jurisdiction of the Secretary of Energy and which would be
transferred to the jurisdiction of FERC. Section 1000.1 lists certain
categories of proceedings as well as specific then-pending proceedings
to be transferred to DOE or FERC. These transfers of functions occurred
over 47 years ago. This part is now obsolete. DOE therefore rescinds
part 1000 in its entirety. The authority for this rule is the
Department of Energy Organization Act, Public Law 95-91, 91 Stat. 567.
II. Response to Comments
On May 16, 2025, DOE published a direct final rule rescinding 10
CFR part 1000 and sought comments on the rescission. 90 FR 20772 (May
2025 DFR). In response, DOE received two comments from members of the
public but only one comment was relevant to the May 2025 DFR.
Table II.1--List of Commenters From the May 2025 DFR
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Comment No. in
Commenter Reference in this rule the docket Commenter type
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Bridget Dooling........................ Dooling................... 2 Individual.
Anonymous.............................. Anonymous................. 3 Individual.
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A. Response to Administrative Procedure Act's Procedural Comments
DOE received one significant adverse comment from Bridget C.E.
Dooling, which raised several procedural matters for DOE's
consideration and also incorporated another comment by reference. (DOE-
HQ-2025-0018-0002).
In response, DOE notes that the APA requires that agencies provide
all interested persons with fair notice and an opportunity to comment
on the rulemaking. See 5 U.S.C. 553(b) & (c). The May 2025 DFR provided
the public with fair notice of DOE's rescission of the 1977 transfer of
proceedings. See 90 FR 20772. DOE also requested comments on the May
2025 DFR, and stated, if the Department received significant adverse
comments, the Department would withdraw the rule or issue a new final
rule which responds to such comments. 90 FR 20772. Thus, DOE provided
interested persons with fair notice and an opportunity to comment as
required by the APA. As a result, there was no need for a good cause
exemption from notice-and-comment rulemaking under 5 U.S.C. 553(b).
Finally, contrary to the comments, Dooling cannot argue they were
denied fair notice and an opportunity to comment solely based on how
the notice was labeled. See Little Sisters of the Poor Saints Peter &
Paul Home v. Pennsylvania, 140 S. Ct. 2367, 2384 (2020) (holding that
``[f]ormal labels aside, the [interim final rules] contained all of the
elements of a notice of proposed rulemaking as required by the APA'').
Irrespective of its title, the May 2025 DFR contained the required
elements of a proposed rulemaking under the APA.
While adverse, DOE has determined that this comment does not
prevent DOE from finalizing this rule and rescinding 10 CFR part 1000
as discussed previously.
B. Response to Other Comments
DOE also received an anonymous comment in response to the direct
final rule, which was outside the scope of the topics at issue for this
rulemaking. (DOE-HQ-2025-0018-0003). As such, DOE is not required to
prepare a response to this comment.
III. Conclusion
For the reasons discussed in the May 2025 DFR and reiterated in the
preceding sections of this document, DOE is not withdrawing the May
2025 DFR, which finalizes a rescission of 10 CFR part 1000.
DOE also notes, to the extent that 5 U.S.C. 553 applies to the
delay of effective date, it is exempt from notice and comment because
it constitutes a rule of procedure under 5 U.S.C. 553(b)(A) and for
which no notice or hearing is required by statute. Additionally, this
action is not a ``substantive rule'' for which a 30-day delay in
effective date is required under 5 U.S.C. 553(d).
Signing Authority
This document of the Department of Energy was signed on July 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.
[[Page 31139]]
Signed in Washington, DC, on July 10, 2025.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2025-13135 Filed 7-11-25; 8:45 am]
BILLING CODE 6450-01-P
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