Rule2025-16235
Implementing Voluntary Agreements Under the Defense Production Act
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
August 25, 2025
Effective
September 24, 2025
Issuing agencies
Energy Department
Abstract
This interim final rule codifies standards and procedures the Department of Energy will follow when developing and carrying out voluntary agreements and plans of action under the Defense Production Act. The Defense Production Act provides a defense from antitrust laws with respect to any action taken to develop or carry out any voluntary agreement or plan of action when certain criteria are met. The rule will apply the Defense Production Act's long-standing provisions and will be set out in a new and dedicated part in the Code of Federal Regulations.
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 162 (Monday, August 25, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 162 (Monday, August 25, 2025)]
[Rules and Regulations]
[Pages 41279-41286]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-16235]
========================================================================
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.
========================================================================
Federal Register / Vol. 90, No. 162 / Monday, August 25, 2025 / Rules
and Regulations
[[Page 41279]]
DEPARTMENT OF ENERGY
10 CFR Part 821
[DOE-HQ-2025-0175]
RIN 1901-AB73
Implementing Voluntary Agreements Under the Defense Production
Act
AGENCY: Office of Nuclear Energy, Department of Energy.
ACTION: Interim final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: This interim final rule codifies standards and procedures the
Department of Energy will follow when developing and carrying out
voluntary agreements and plans of action under the Defense Production
Act. The Defense Production Act provides a defense from antitrust laws
with respect to any action taken to develop or carry out any voluntary
agreement or plan of action when certain criteria are met. The rule
will apply the Defense Production Act's long-standing provisions and
will be set out in a new and dedicated part in the Code of Federal
Regulations.
DATES: This interim rule will be effective on and comments are due by
September 24, 2025.
ADDRESSES: Documents relevant to this rulemaking are posted on the
Federal eRulemaking Portal at <a href="http://www.regulations.gov">www.regulations.gov</a> (Docket: DOE-HQ-2025-
0175).
Submit comments, labeled ``Implementing Voluntary Agreements Under
Section 708 of the Defense Production Act of 1950, RIN 1901-AB73,''
using the Federal eRulemaking Portal: <a href="http://www.regulations.gov">www.regulations.gov</a>.
Instructions: All submissions must include the agency name,
``Department of Energy,'' and docket number, DOE-HQ-2025-0175, for this
rulemaking. All comments received will be posted without change to
<a href="http://www.regulations.gov">www.regulations.gov</a>, including any personal information provided. Do
not submit any information you consider to be private, Confidential
Business Information (CBI), or other information whose disclosure is
restricted by statute.
Docket: For access to the docket to read comments received, go to
<a href="http://www.regulations.gov">www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Ms. Sarah McPhee-Charrez, U.S.
Department of Energy, 1000 Independence Avenue SW, Washington, DC
20585, telephone: 202-586-1092, email:
<a href="/cdn-cgi/l/email-protection#d2968293b1bdbca1bda0a6bba7bf92bca7b1beb7b3a0fcb7bcb7a0b5abfcb5bda4"><span class="__cf_email__" data-cfemail="b0f4e0f1d3dfdec3dfc2c4d9c5ddf0dec5d3dcd5d1c29ed5ded5c2d7c99ed7dfc6">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Basis for the Rule
III. Basis for Issuing an Interim Final Rule
A. Urgent and Compelling Circumstances Exist
B. DOE Solicits Comments
IV. Procedural Requirements
A. Executive Orders 12866 and 13563
B. Regulatory Flexibility Act
C. National Environmental Policy Act
D. Executive Order 13132
E. Executive Order 13175
F. Executive Order 13211
G. Unfunded Mandates Act of 1995
H. Paperwork Reduction Act
I. Executive Orders 14154 and 14192
J. Congressional Notification
VI. Approval of the Office of the Secretary
I. Background
The Department of Energy (``DOE'') is issuing this interim final
rule to codify procedures for implementing voluntary agreements
pursuant to Section 708 of the Defense Production Act of 1950
(``DPA''), Public Law 81-774 (Sept. 8, 1950) (codified at 50 U.S.C.
4558). Section 708(c)(1) of the DPA provides that upon finding that
conditions exist which may pose a direct threat to the national defense
or its preparedness programs, the President may consult with
representatives of industry, business, financing, agriculture, labor,
and other interests in order to provide for the making by such persons,
with the approval of the President, of voluntary agreements and plans
of action to help provide for the national defense. 50 U.S.C.
4558(c)(1).
The President effectively made such a finding when signing
Executive Order (``E.O.'') 14302 (Reinvigorating the Nuclear Industrial
Base). 90 FR 22595 (May 29, 2025). E.O. 14302, among other things,
emphasized that the United States currently faces a variety of serious
energy-related challenges ultimately affecting national security and
preparedness. These challenges include the global race to dominate in
artificial intelligence, a growing need for energy independence, and
the need for access to uninterruptible power supplies for national
security. Id. It noted further that the United States' nuclear fuel
cycle infrastructure has severely atrophied, leaving the Nation heavily
dependent on foreign sources of uranium as well as for uranium
enrichment and conversion services. Id. The seriousness of this
situation is both well-known and well-documented. See, e.g., EIA, U.S.
Nuclear Generators Import Nearly All the Uranium Concentrate They Use,
In-Brief Analysis (Jan. 30, 2025) (detailing nearly complete reliance
on imported uranium concentrate used in making nuclear fuel for U.S.
reactors); America's Awkward Energy Insecurity Problem, Foreign Policy
(Jan. 20, 2025) (highlighting Russia's current complete monopoly on the
commercial production of fuel that would be used in the coming
generation of advanced nuclear plants that would provide the extra
power needed to run data centers and power artificial intelligence);
and U.S. Ramps Up Hunt for Uranium to End Reliance on Russia, NY Times,
Sept. 30, 2024 (quoting one uranium mining executive's characterization
of domestic uranium production as being like ``a broken arm that's been
in a cast for a long time . . . The muscle atrophies, and that's where
our industry is.''). This situation is further exacerbated by the fact
that since 2017, 87 percent of all new nuclear reactors that have been
installed are based on reactor designs from two foreign countries. 90
FR 22595.
Reversing this situation requires swift and decisive action ``to
jumpstart America's nuclear energy industrial base and ensure our
national and economic security by increasing fuel availability and
production, securing civil nuclear supply chains, improving the
efficiency with which advanced nuclear reactors are licensed, and
preparing our workforce to establish America's energy dominance and
accelerate our path towards a more secure and independent energy
future.'' Id. Although some initial steps have been taken to address
current vulnerabilities, such as the enactment of the Prohibiting
Russian Uranium Imports Act, Public Law 118-62 (May 13, 2024) and the
repurposing of $2.72
[[Page 41280]]
billion in funding intended for the Civilian Nuclear Credit Program
towards the development of domestic uranium enrichment capacity, see
Consolidated Appropriations Act, Div. D--Energy and Water Development
and Related Agencies Appropriations Act, 2024, Sec. 312 (March 9,
2024), these steps, while critical, are insufficient to ensure that the
United States can break its current dependency on foreign-sourced
uranium and develop a reliable supply of domestically-sourced nuclear
fuel.
Additionally, a recent DOE report documented the status of U.S.
grid reliability and security. See DOE, Report on Evaluating U.S. Grid
Reliability and Security (July 7, 2025). Significantly, the report
noted that numerous factors increase the risks to the reliability of
the U.S. electric grid. These factors, such as the current pace of
retirement of electric power capacity generation plus load growth
(which is projected to increase the risk of power outages by 100-fold
by 2030), the insufficiency of the currently planned replacement
generation supply, and the projected load growth of Artificial
Intelligence (``AI'') innovation, point to the urgent necessity of
robust and rapid reforms. These reforms are crucial to powering enough
AI data centers while safeguarding grid reliability. See generally,
DOE, Resource Adequacy Report--Evaluating the Reliability and Security
of the United States Electric Grid, at 1 (July 2025).
The projected increases in demand are expected to severely stress
the electrical grid. These expected load increases are already being
reflected in the mandatory integrated resource plans (``IRPs'') that
utilities routinely file with state regulators regarding their planned
usage of various resources to meet those projected energy demands. (An
IRP is essentially a forecast of a utility's load obligations and its
plan to reliably meet those obligations by supply side and demand side
resources over a set period of time.) In at least one case, projected
increases as a result of demands from new businesses moving into the
state--including AI data centers--were identified as a key factor for
the filing of an updated IRP highlighting a significant increase in its
projected electrical energy demands. See Georgia Power, 2023 Integrated
Resource Plan Update, at 1-2 and 9-10 (noting Georgia's significant
increase in projected energy load demands from increased economic
activity, including from AI data centers). Utility commissions also
recognize the considerable lead-time currently required to incorporate
new nuclear power reactors into the electrical grid. See State of North
Carolina Utilities Commission (Raleigh), In the Matter of Biennial
Consolidated Carbon Plan and Integrated Resource Plans of Duke Energy
Carolinas, LLC, and Duke Energy Progress, Docket No. E-100, Sub 190,
Order Accepting Stipulation, Granting Partial Waiver of Commission Rule
R8-60A(d)(4), and Providing Further Direction for Future Planning, at
31, 63, 66, 92 (Note 6), 122-127, and 178-79 (Nov. 1, 2024) (supporting
utility's plans for continued efforts towards adopting advanced reactor
technology to help address projected load demand increases, including
from the projected growth in data centers, and approving plans to
develop power sourced from advanced nuclear generation while
recognizing the accompanying time-related risks and encouraging the
utility to move expediently to ensure new nuclear capacity is developed
as soon as reasonably possible); and In re: Virginia Electric and Power
Company's 2024 Integrated Resource Plan, at 8, 13, and Appendix 2A
(Oct. 15, 2024) (projecting expected load growth to significantly
outpace average PJM growth and attributing that a large part of that
growth to data centers and electrification in the transportation
sector).
To address the current national security risks to the energy supply
of the United States, E.O. 14302 ordered DOE to utilize the authority
provided to the President under section 708(c)(1) of the DPA, which was
delegated to the Secretary of Energy pursuant to E.O. 13603 (National
Defense Resources Preparedness), 77 FR 16651 (March 22, 2012). See E.O.
14302, Sec. 3(e), 90 FR 22596 (ordering the Secretary of Energy to
utilize the President's authority under section 708(c)(1) of the DPA)
and E.O. 13603, Sec. 403, 77 FR 16656 (authorizing the Secretary of
Energy to adopt rules pursuant to section 708 of the DPA ``that
incorporate standards and procedures by which voluntary agreements and
plans of action may be developed and carried out.''). Section 708 of
the DPA provides that an agency may develop and carry out voluntary
agreements with industry to provide for the national defense or its
preparedness programs. Industry participants in any voluntary agreement
or plan of action under the DPA are provided with immunity for any
civil or criminal action brought under the antitrust laws of the United
States or any similar state law. 50 U.S.C. 4558(j). This antitrust
immunity is limited to actions taken to develop or carry out a
voluntary agreement or plan of action, in order to effectuate the
purpose identified in the voluntary agreement or plan of action. Id.
Any antitrust immunity conferred on the participants in a voluntary
agreement or plan of action does not apply to any act or omission
occurring after the termination of the voluntary agreement or plan of
action. Id. DOE now seeks to promulgate procedures implementing Section
708 of the DPA, to initiate the voluntary agreement process for the
domestic nuclear energy industry as ordered in E.O. 14302. DOE is not
the first federal agency to promulgate rules implementing Section 708
of the DPA. See 46 FR 2349 (Jan. 9, 1981) (promulgating Federal
Emergency Management Agency (FEMA) regulations relating to voluntary
agreements under section 708 of the DPA and concurred on by the
Departments of Agriculture, Defense, Interior, Commerce, and
Transportation). The rule details, among other things, its overall
scope, the applicability of anti-trust protections for entities
operating under a voluntary agreement, the procedures for the
maintenance and availability of certain materials, meeting attendance
provisions, and the make-up of voluntary agreement and plan of action
participants. DOE seeks to implement this interim final rule pursuant
to the authority granted to it under section 708(c)(1) of the DPA and
E.O. 14302 and delegated to the Secretary of Energy through E.O. 13603.
II. Basis for the Rule
This interim final rule is based on the statutory authority granted
to the President and delegated to the Secretary of Energy to seek
voluntary agreements and develop plans of action with domestic nuclear
energy companies to address the direct threat to the national defense
or preparedness programs of the United States as it relates to the
nuclear industrial base. This action follows the provisions of section
708 of the DPA and E.O. 13603 and E.O. 14302.
E.O. 14302 instructed DOE to utilize the authority provided to the
President under section 708(c)(1) of the DPA (and delegated to the
Secretary of Energy through E.O. 13603) to seek voluntary agreements
with domestic nuclear energy companies and to prioritize agreements
with those companies that have achieved objective milestones for the
cooperative procurement of LEU and HALEU. 90 FR 22596. Section
708(e)(1) of the DPA requires the Secretary of Energy to promulgate
rules in accordance with the Administrative Procedure Act (``APA''),
incorporating standards and procedures by which voluntary agreements
and plans of action may be developed and carried
[[Page 41281]]
out. See 50 U.S.C. 4558(e)(1). Section 708(e) also sets forth the
rulemaking process for DOE to generally follow, including the
application of a 30-day delay between the publication of a final rule
and the rule's effective date. 50 U.S.C. 4558(e)(2(B). Relatedly,
Section 709 of the DPA permits the waiver of the notice and comment
requirements where urgent and compelling circumstances make providing
an opportunity for notice and comment of not less than 30 days before
the promulgation of a final rule impracticable. 50 U.S.C. 4559(b)(1).
The provisions in this rule follow those standards and procedures
provided in Section 708 of the DPA. DOE's promulgation of this rule
does not deviate from those established standards and procedures.
III. Basis for Issuing an Interim Final Rule
In light of the presence of urgent and compelling circumstances,
DOE is availing itself of the provisions under section 709 of the DPA
while remaining consistent with section 708 to ensure that the public
has a meaningful opportunity to provide comments. To this end, DOE is
issuing this interim final rule but delaying its effective date until
the end of a concurrent 30-day comment period.
A. Urgent and Compelling Circumstances Exist
Section 709 expressly exempts any regulation issued under the DPA
from the administrative procedures of the APA. See 50 U.S.C. 4559(a)
(explicitly exempting sections 551 through 559 of title 5 from any
regulation issued under the DPA). That provision also prescribes
rulemaking procedures including the opportunity for notice and comment.
See 50 U.S.C. 4559(b) (``. . . any regulation issued under this chapter
shall be published in the Federal Register and opportunity for public
comment shall be provided for not less than 30 days, consistent with
the requirements of section 553(b) of title 5.'')
Notwithstanding the foregoing, Section 709 allows for the waiver of
the notice and comment requirements and the issuance of regulations on
a temporary basis when the officer authorized to issue the regulation
finds that urgent and compelling circumstances make compliance with
such requirements impracticable, the regulation is issued on a
temporary basis, and the publication of such temporary regulation is
accompanied by the finding, a brief statement of the reasons for such
finding, and an opportunity for public comment is provided for not less
than 30 days before any regulation becomes final. See 50 U.S.C.
4559(b)(2).
DOE finds that urgent and compelling circumstances make compliance
with notice and comment requirements impracticable. The President
invoked the National Emergencies Act (50 U.S.C. 1601, et seq) and
declared a national energy emergency in January of this year through
the issuance of E.O. 14156 (Declaring a National Energy Emergency), 90
FR 8433 (Jan. 29, 2025), noting that the inadequacy of the current
energy supply and infrastructure. E.O. 14156 also recognized that the
integrity and expansion of the Nation's energy infrastructure is an
immediate and pressing priority for the protection of the United
States' national and economic security and that hostile state and non-
state foreign actors have targeted the Nation's domestic energy
infrastructure, weaponized current U.S. reliance on foreign energy, and
abused their ability to cause dramatic swings within international
commodity markets. 90 FR 8433. E.O. 14302 also identifies the peril
facing the Nation with respect to its energy needs and determined that
the current state of domestic energy needs requires expeditious action
and authorized the Secretary of Energy to take immediate steps to
address this situation through section 708 of the DPA.
E.O. 14302 identifies the national defense threat facing the Nation
with respect to its domestic energy needs. E.O. 14302 determined that
expeditious action is required to address this domestic energy national
security threat and authorized the Secretary of Energy to take
immediate steps to strengthen the domestic nuclear energy industry
through section 708 of the DPA. Following the normal notice and comment
process would hamper DOE's ability to expeditiously engage with
industry on how to reverse the current trend of declining energy
capacity in the face of projected significant increases in energy
demand that, if left unmet, will pose severe national and economic
security consequences for the Nation. Given the urgent nature of this
national defense threat, the resulting need for speed and certainty,
and the fact that this rulemaking sets out only the procedural
requirements that directly follow section 708 of the DPA, the
administrative process under 5 U.S.C. 551 through 5 U.S.C. 559 is
impracticable and contrary to the public interest.
Given these findings, the President effectively made the urgent and
compelling finding, now reiterated by the Secretary of Energy, that the
United States currently faces a variety of serious energy-related
challenges ultimately affecting national security and preparedness,
including a global race to dominate in artificial intelligence, a
growing need for energy independence, and access to uninterruptible
power supplies for national security. And as noted earlier, these
challenges are well-documented and well-known. Accordingly, in light of
these facts, the Secretary of Energy finds that following the typical
notice and comment process would hamper DOE's ability to expeditiously
engage with industry on ways to reverse the current trend of declining
energy capacity in the face of projected significant increases in
energy demand that, if left unmet, will pose severe national and
economic security consequences for the Nation.
Moreover, this interim final rule follows those long-standing
procedural provisions already enacted as part of the DPA and merely
prescribes how DOE will act when seeking to develop voluntary
agreements under Section 708 of the DPA as well as the process for
implementing those voluntary agreements. These are strictly procedural
provisions and comparable to those already in place elsewhere to
implement this provision. See 44 CFR 332 (providing Federal Emergency
Management Agency procedures for implementing voluntary agreements
under Section 708). Given the determinations reflected in E.O. 14156
and E.O. 14302, the nature of this rulemaking in setting out procedural
requirements that directly follow section 708 of the DPA, and the need
for speed and certainty, DOE finds notice and comment impracticable and
contrary to the public interest. Accordingly, consistent with section
709 of the DPA, DOE is implementing this rule on a temporary basis.
B. DOE Solicits Comment
DOE also recognizes, however, that section 708 of the DPA provides
that the rule shall not be effective less than 30 days after its
publication. Given this required delay in the effective date and DOE's
interest in ensuring an opportunity for public comment, DOE is
providing a 30-day comment period for the public to provide feedback on
this procedural rule. That comment period will run concurrently with
the 30-day delayed effective date. With these steps, DOE is satisfying
its rulemaking procedural obligations under sections 708 and 709 of the
DPA.
[[Page 41282]]
To the extent that public comment may inform DOE as to whether it
has legal authority to make a different choice than the one it has
taken in this interim final rule, DOE's solicitation of public comment
for 30-days following the publication of the rule is intended to
accommodate that possibility. And though DOE seeks comments to obtain
the public's views, such comments could not alter the legal realities
that create the swift need for such a change. DOE notes that this
interim final rule is not effective until 30 days after publication in
the Federal Register and it will consider any comments submitted in
response to this action and will address those comments when issuing a
final rule, consistent with the procedure provided in section 709.
IV. Procedural Requirements
A. Executive Orders 12866 and 13563
E.O. 12866, ``Regulatory Planning and Review,'' 58 FR 51735 (Oct.
4, 1993), as supplemented and reaffirmed by E.O. 13563, ``Improving
Regulation and Regulatory Review,'' 76 FR 3821 (Jan. 21, 2011) 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
(including potential economic, environmental, public health and safety,
and other advantages; distributive impacts; and equity); (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.
DOE emphasizes as well that E.O. 13563 requires agencies to use the
best available techniques to quantify anticipated present and future
benefits and costs as accurately as possible. In its guidance, the
Office of Information and Regulatory Affairs (OIRA) has emphasized that
such techniques may include identifying changing future compliance
costs that might result from technological innovation or anticipated
behavioral changes. For the reasons stated in the preamble, this
regulatory action is consistent with these principles.
Section 6(a) of E.O. 12866 also requires agencies to submit
``significant regulatory actions'' to OIRA for review. OIRA has
determined that this regulatory action does not constitute a
``significant regulatory action'' under E.O. 12866, as supplemented by
E.O. 13563, and has not reviewed this action.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of an initial regulatory flexibility analysis for any rule
that by law must be proposed for public comment. As previously stated,
Section 709 expressly exempts any regulation issued under the DPA from
the administrative procedures of the APA. See 50 U.S.C. 4559(a)
(explicitly exempting sections 551 through 559 of title 5 from any
regulation issued under the DPA). Additionally, Section 709 allows for
the waiver of the notice and comment requirements, and DOE finds that
urgent and compelling circumstances make compliance with notice and
comment requirements impracticable. Accordingly, no regulatory
flexibility analysis has been prepared for this interim final rule. See
5 U.S.C. 601(2), 603(a).
C. National Environmental Policy Act
NEPA does not require agencies to prepare a NEPA analysis before
establishing or updating agency procedures. Agency procedures for
implementing the voluntary agreement and plans of action provisions
under section 708 of the DPA are not subject to NEPA. DOE has also
issued regulations that are currently in effect that note certain types
of actions that are excepted from NEPA review. Under those regulations,
10 CFR part 1021, appendix A, includes an exception for procedural
rulemakings from NEPA review. See 90 FR 29676 (July 3, 2025). That
exception, Exception A6, applies to rulemakings that are strictly
procedural, such as rulemakings establishing procedures for technical
and pricing proposals and establishing contract clauses and contracting
practices for the purchase of goods and services. DOE has determined
that this interim final rule falls within the scope of A6 and is not
subject to review under NEPA. Therefore, DOE does not intend to conduct
a NEPA analysis of this interim final rule.
D. Executive Order 13132
E.O. 13132 ``Federalism'', 64 FR 43255 (August 4, 1999), imposes
certain requirements on agencies formulating and implementing policies
or regulations that preempt state law or that have federalism
implications. Agencies are required to examine the constitutional and
statutory authority supporting any action that would limit the
policymaking discretion of the States and carefully assess the
necessity for such actions. DOE has examined the interim final rule and
has determined that it does not preempt State law beyond what is
already provided for under Federal law and does 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. No further
action is required by E.O. 13132.
E. Executive Order 13175
Under E.O. 13175, ``Consultation and Coordination with Indian
Tribal Governments,'' 65 FR 67249 (Nov. 6, 2000), DOE may not issue a
discretionary rule that has Tribal implications or that imposes
substantial direct compliance costs on Indian Tribal governments. DOE
has determined that this interim final rule will not have such effects
and has concluded that E.O. 13175 does not apply to this interim final
rule.
F. 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 OMB a
Statement of Energy Effects for any proposed significant energy action.
A ``significant energy action'' is defined as any action by an agency
that promulgated 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 (2) is likely to have a
significant adverse effect on the supply, distribution, or use of
energy; or (3) is designated by the Administrator of OIRA as a
significant energy action. For any proposed 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.
This interim final rule does not have a significant adverse effect
on the
[[Page 41283]]
supply, distribution, or use of energy and is therefore not a
significant energy action. Accordingly, DOE has not prepared a
Statement of Energy Effects.
G. Unfunded Mandates Act of 1995
The Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) generally
requires Federal agencies to examine closely the impacts of regulatory
actions on State, local, and Tribal governments. Subsection 101(5) of
title I of that law defines a Federal intergovernmental mandate to
include a regulation that would impose upon State, local, or Tribal
governments an enforceable duty, except a condition of Federal
assistance or a duty arising from participating in a voluntary Federal
program. Title II of that law requires each Federal agency to assess
the effects of Federal regulatory actions on State, local, and Tribal
governments, in the aggregate, or the private sector, other than to the
extent such actions merely incorporate requirements specifically set
forth in a statute. Section 202 of the title requires a Federal agency
to perform a detailed assessment of the anticipated costs and benefits
of any rule that includes a Federal mandate which may result in costs
to State, local, or Tribal governments, or the private sector, of $100
million or more in any one year (adjusted annually for inflation). 2
U.S.C. 1532(a) and (b). Section 204 of that title requires each agency
that proposed a rule containing a significant Federal intergovernmental
mandate to develop an effective process for obtaining meaningful and
timely input from elected officers of State, local, and Tribal
governments. 2 U.S.C. 1534. This interim final rule does not result in
the expenditure by State, local, and Tribal governments, in aggregate,
or by the private sector of $100 million or more in any one year.
Accordingly, no assessment or analysis is required under the Unfunded
Mandates Reform Act of 1995.
H. Paperwork Reduction Act
This interim final rule does not impose any new information
collection burden that would require additional review or approval by
OMB under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
I. Executive Orders 14154, 14192, and 14302
DOE has examined this interim final rule 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 E.O. 14302, ``Reinvigorating the Nuclear
Industrial Base.'' This interim final rule is a necessary prerequisite
to implement any voluntary agreement or plan of action required to
address the domestic energy crisis identified in E.O. 14302.
Accordingly, DOE has developed this regulatory action as a
``statutorily required rulemaking,'' pursuant to Executive Order 14192,
Unleashing Prosperity Through Deregulation.
J. Congressional Notification
As required by 5 U.S.C. 801, DOE will submit to Congress and to the
Comptroller General a report on this interim final rule. The report
will state that it has been determined that this interim final rule is
not a ``major rule'' as defined by 5 U.S.C. 804(2).
VI. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this interim
final rule; request for comments.
List of Subjects in 10 CFR Part 821
Administrative practice and procedure, Advisory committees,
Antitrust, Classified information, Confidential business information,
Emergency preparedness, Freedom of information, Industrial facilities,
Nuclear energy, Nuclear materials, Nuclear power plants and reactors,
Organization and functions, Reporting and recordkeeping requirements,
Security measures.
Signing Authority
This document of the Department of Energy was signed on August 20,
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 August 21, 2025.
Jennifer Hartzell,
Alternate Federal Register Liaison Officer, U.S. Department of Energy.
0
For the reasons stated in the preamble, DOE is amending chapter III of
title 10 of the Code of Federal Regulations by adding a new part 821 as
set forth below:
PART 821--IMPLEMENTING VOLUNTARY AGREEMENTS UNDER THE DEFENSE
PRODUCTION ACT
Sec.
821.1 General provisions.
821.2 Prerequisites for agreements and plans of action.
821.3 Developing voluntary agreements and plans of action.
821.4 Carrying out voluntary agreements.
821.5 Termination or modifying voluntary agreements.
821.6 Public access to records and meetings.
Authority: 42 U.S.C. 2201; 50 U.S.C. 4558; Executive Order
13603; Executive Order 14302.
Sec. 821.1 General provisions.
(a) General applicability.
(1) Pursuant to section 708 of the Defense Production Act of 1950,
as amended (50 U.S.C. 4558), the Secretary of Energy (or the
appropriate official identified under 50 U.S.C. 4558(c)(2)), as
delegated by the President, may consult with representatives of
industry, business, financing, agriculture, labor, or other interests,
and may approve the making of voluntary agreements and plans of action
to help provide for the defense of the United States by developing
preparedness programs and expanding productive capacity and supply
beyond levels needed to help provide for the national defense.
(2) Implementation of this part shall conform to the provisions
provided under section 708 of the Defense Production Act (DPA) of 1950,
as amended (50 U.S.C. 4558).
(b) Secretary of Energy (or the appropriate delegated Department of
Energy official).
(1) As used in this part, Secretary of Energy (or the appropriate
delegated Department of Energy official) is the Secretary of Energy or
a Department of Energy official who is delegated with the
responsibility of overseeing a voluntary agreement who, pursuant to a
delegation or redelegation of the functions given to the President by
section 708 of the Defense Production Act of 1950, as amended, proposes
or otherwise provides for the development or carrying out of a
voluntary agreement and plans of action.
(2) In the context of energy-related issues, the use of voluntary
agreements and plans of action, as authorized by section 708 of the DPA
to help provide for the defense of the United States through the
development of preparedness programs, is an activity coordinated by the
Secretary of Energy (or the appropriate delegated Department of Energy
official), as provided by Executive Order 13603,
[[Page 41284]]
Section 403 and Executive Order 14302, Section 3.
(3) The Secretary of Energy (or the appropriate delegated
Department of Energy official) shall carry out functions overseeing a
voluntary agreement and plan of action.
(c) Implementation. This part applies to the development and
carrying out under section 708 of the DPA, as amended, of all voluntary
agreements and plans of action developed with domestic nuclear energy
companies pursuant to the Secretary's authority under Executive Order
13603, Section 403.
(d) Rules. The rules in this part void any provision of a voluntary
agreement to which they apply, if that provision is contrary to or
inconsistent with them. Each voluntary agreement shall be construed as
containing every substantive provision that these rules require,
whether or not a particular provision is included in the agreement.
(e) Commencement of agreements.
(1) A voluntary agreement or plan of action may not become
effective unless and until--
(i) The Secretary of Energy (or the appropriate delegated
Department of Energy official) approves the voluntary agreement or plan
of action and certifies, in writing, that the agreement or plan is
necessary to carry out the purposes of section 708(c)(1) of the DPA and
submits a copy of such agreement to the Congress; and
(ii) The Attorney General (after consultation with the Chairman of
the Federal Trade Commission) finds, in writing, that such purpose may
not reasonably be achieved through a voluntary agreement or plan of
action having less anticompetitive effects or without any voluntary
agreement or plan of action and publishes such finding in the Federal
Register.
(2) Each voluntary agreement or plan of action that becomes
effective under paragraph (e)(1) of this section shall expire 5 years
after the date it becomes effective (and at 5-year intervals
thereafter, as the case may be), unless (immediately prior to such
expiration date) the Secretary of Energy (or the appropriate delegated
Department of Energy official) and the Attorney General (after
consultation with the Chairman of the Federal Trade Commission) make
the certification or finding, as the case may be, described in
paragraph (e)(1) of this section with respect to such voluntary
agreement or plan of action and publish such certification or finding
in the Federal Register, in which case, the voluntary agreement or plan
of action may be extended for an additional period of 5 years.
(f) Advisory committees.
(1) Pursuant to section 708(d) of the DPA, the Secretary of Energy
(or the appropriate delegated Department of Energy official) may
establish such advisory committees as deemed to be necessary for
developing or carrying out voluntary agreements or plans of action. The
Attorney General and the Federal Trade Commission shall have adequate
advance notice of any meeting and may have an official representative
attend and participate in any such meeting. A full and complete
verbatim transcript shall be kept of such advisory committee meetings,
and shall be taken and deposited, together with any agreement resulting
therefrom, with the Attorney General and the Federal Trade Commission.
Such transcript and agreement shall be made available for public
inspection and copying subject to the exemptions from disclosure
provided under 5 U.S.C. 552(b)(1), (3), and (4). Such advisory
committees shall comply with this part as well as with the requirements
and procedures of the Federal Advisory Committee Act (Pub. L. 92-463,
as amended).
(2) Notwithstanding any other provision of law, consistent with
section 708(n) of the Defense Production Act of 1950 (50 U.S.C.
4558(n)), chapter 10 of Title 5 and any other provision of Federal law
relating to advisory committees shall not apply to--
(i) the consultations referred to in 50 U.S.C. 4558(c)(1); or
(ii) any activity conducted under a voluntary agreement or plan of
action approved pursuant to this section that complies with the
requirements of 50 U.S.C. 4558 and this part.
(h) Plan of action. The term ``plan of action'' means any of 1 or
more documented methods adopted by participants in an existing
voluntary agreement to implement that agreement.
(i) Antitrust laws. The term ``antitrust laws'' has the same
meaning given in 50 U.S.C. 4558(b)(1).
(j) Petitions. Interested persons may petition the Secretary of
Energy for the issuance, amendment, or repeal of this rule.
Sec. 821.2 Prerequisites for agreements and plans of action.
(a) Finding by the President. Upon a finding by the President that
conditions exist which may pose a direct threat to the national defense
or its preparedness programs, the Secretary (or the appropriate
delegated Department of Energy official) may consult with
representatives of industry, business, financing, agriculture, labor,
and other interests in order to provide for the making by such persons,
with the approval of the Secretary (or the appropriate delegated
Department of Energy official), of voluntary agreements and plans of
action to help provide for the national defense.
(b) The Secretary and other Senate-confirmed appointees. The
Secretary (or the appropriate delegated Department of Energy official)
may engage in the activities described in paragraph (a) of this section
so long as they:
(1) Are individuals who are appointed by and with the advice and
consent of the Senate, or are holding offices to which they have been
appointed by and with the advice and consent of the Senate;
(2) Consult with the Attorney General and with the Federal Trade
Commission not less than ten days before consulting with any persons
under paragraph (a) of this section; and
(3) Upon the condition that such individuals obtain the prior
approval of the Attorney General, after consultation by the Attorney
General with the Federal Trade Commission, to consult under paragraph
(a) of this section.
(c) Delegations.
(1) The Secretary (or the appropriate delegated Department of
Energy official) may further delegate tasks in developing voluntary
agreements to an appropriate DOE officer working under the supervision
of the Secretary (or the appropriate delegated Department of Energy
official).
(2) The meetings held to develop the voluntary agreements shall be
chaired by an individual as identified in paragraph (b) of this section
and 50 U.S.C. 4558(c)(2) or by that person's delegate.
Sec. 821.3 Developing voluntary agreements and plans of action.
(a) Purpose and scope. This section establishes the standards and
procedures by which voluntary agreements and plans of action may be
developed through consultation, pursuant to section 708(c) of the
Defense Production Act (DPA) of 1950.
(b) Proposal to develop an agreement.
(1) In cases where the Secretary of Energy (or the appropriate
delegated Department of Energy official) wishes to develop a voluntary
agreement or plan of action after conducting meetings also attended by
the Attorney General (or the Attorney General's delegate) and the
Chairman of the Federal Trade Commission (or the Chairman's delegate)
to discuss the development of a voluntary agreement or plan of action,
the Secretary of Energy (or the appropriate delegated Department of
[[Page 41285]]
Energy official) shall submit to the Attorney General a document
proposing the agreement. The proposal will include statements as to:
The purpose of the agreement or plan of action; the factual basis for
making the finding required in section 708(c)(1) of the DPA; the
proposed participants in the agreement or plan of action; and any
coordination with other Federal agencies accomplished in connection
with the proposal.
(2) If the Attorney General, after consultation with the Chairman
of the Federal Trade Commission, approves this proposal, the Secretary
of Energy (or the appropriate delegated Department of Energy official)
shall then initiate one or more meetings of interested persons to
develop the agreement or plan of action.
(c) Conduct of meetings held to develop the agreement or plan of
action.
(1) The parties participating in any voluntary agreement or plan of
action shall provide to the Secretary of Energy (or the appropriate
delegated Department of Energy official), the Attorney General, and the
Chairman of the Federal Trade Commission adequate written notice of
time, place, and nature of each meeting to develop a voluntary
agreement. The Secretary of Energy (or the appropriate delegated
Department of Energy official) shall also publish in the Federal
Register notice of the time, place, and nature of each meeting at least
seven days prior to the meeting.
(2) The Secretary of Energy (or the appropriate delegated
Department of Energy official) shall chair each meeting held to develop
a voluntary agreement. Both the Attorney General and the Chairman of
the Federal Trade Commission, or their delegates, shall attend each of
these meetings.
(3) Any interested person may attend a meeting held to develop a
voluntary agreement, unless the Secretary of Energy (or the appropriate
delegated Department of Energy official) limits attendance pursuant to
Sec. 821.6 of this part.
(4) Any interested person may, as set out in the relevant Federal
Register meeting notice, submit written data and views concerning the
proposed voluntary agreement, and at the discretion of the Chairman of
the meeting, may be given the opportunity for oral presentation.
(d) Maintenance of records.
(1) The Secretary of Energy (or the appropriate delegated
Department of Energy official) is responsible for the making of a full
and verbatim transcript of each meeting. The Chairman of such meeting
shall send this transcript, and any voluntary agreement resulting from
the meeting, to the Attorney General, the Chairman of the Federal Trade
Commission, the Secretary of Energy (or the appropriate delegated
Department of Energy official), and any other party or repository
required by law.
(2) The Secretary of Energy (or the appropriate delegated
Department of Energy official) shall maintain each meeting transcript
and voluntary agreement, and make them available for public inspection
and copying to the extent required by Sec. 821.6 of this part.
(e) Effectiveness of agreements. The following steps must occur
before a new voluntary agreement or an extension of an existing
agreement may become effective:
(1) The Secretary of Energy (or the appropriate delegated
Department of Energy official) must approve the agreement and certify
in writing that it is necessary to carry out the purposes of section
708(c)(1) of the DPA, submit the agreement and certification to the
Attorney General with a request for a written finding, and submit a
copy of such agreement or plan to Congress;
(2) The Attorney General, after consulting with the Chairman of the
Federal Trade Commission, must issue a written finding that the
purposes of section 708(c)(1) of the DPA may not reasonably be achieved
through a voluntary agreement having less anti-competitive effects or
without any voluntary agreement or plan of action and publishes such
finding in the Federal Register.
(3) Each voluntary agreement or plan of action that has become
effective shall expire 5 years after the date it becomes effective (and
at 5-year intervals thereafter, as the case may be), unless
(immediately prior to such expiration date) the Secretary (or the
appropriate delegated Department of Energy official) who administers
the agreement or plan and the Attorney General (after consultation with
the Chairman of the Federal Trade Commission) make the certification or
finding, as the case may be, described in paragraphs (e)(1) through (2)
of this section with respect to such voluntary agreement or plan of
action and publishes such certification or finding in the Federal
Register, in which case, the voluntary agreement or plan of action may
be extended for an additional period of 5 years.
Sec. 821.4 Carrying out voluntary agreements.
(a) Purpose and scope. This section establishes the standards and
procedures by which the participants in each approved voluntary
agreement shall carry out the agreement.
(b) Participants. The participants in each voluntary agreement
shall be reasonably representative of the appropriate industry or
segment of that industry.
(c) Conduct of meetings held to carry out an agreement.
(1) The Secretary of Energy (or the appropriate delegated
Department of Energy official) when overseeing a voluntary agreement
shall initiate, or approve in advance, each meeting of the agreement
participants held to discuss problems, determine policies, recommend
actions, and make decisions necessary to carry out the agreement.
(2) The Secretary of Energy (or the appropriate delegated
Department of Energy official) shall provide to the Attorney General
and the Chairman of the Federal Trade Commission, and Congress adequate
prior notice of the time, place, and nature of each meeting to carry
out a voluntary agreement or plan of action, and a proposed agenda of
each meeting. The Secretary of Energy (or the appropriate delegated
Department of Energy official) shall publish in the Federal Register,
reasonably in advance of each meeting to carry out a voluntary
agreement or plan of action in accordance with 50 U.S.C. 4558(h)(8), a
notice of the time, place, and nature of the meeting. If the Secretary
of Energy (or the appropriate delegated Department of Energy official)
has determined, pursuant to Sec. 821.6 of this part, to limit
attendance at the meeting, the Secretary of Energy (or the appropriate
delegated Department of Energy official) shall publish the Federal
Register notice within ten days of the meeting.
(3) Any interested person may attend a meeting held to carry out a
voluntary agreement unless the Secretary of Energy (or the appropriate
delegated Department of Energy official) has restricted attendance
pursuant to Sec. 821.6 of this part. A person attending a meeting
under this section may present written data, views, and arguments (with
or without opportunity for oral presentation) to any limitations on the
manner of presentation that the Secretary of Energy (or the appropriate
delegated Department of Energy official) may impose.
[[Page 41286]]
(4) No meeting shall be held to carry out any voluntary agreement
unless a Federal employee, other than an individual employed pursuant
to 5 U.S.C. 3109, is in attendance. In addition to the Secretary of
Energy (or the appropriate delegated Department of Energy official),
any meeting to carry out a voluntary agreement may be attended by the
Attorney General, the Chairman of the Federal Trade Commission, the
Secretary of Energy, or their delegates.
(5) Participants in any voluntary agreement or plan of action shall
provide the Secretary of Energy (or the appropriate delegated
Department of Energy official), the Attorney General, and the Chairman
of the Federal Trade Commission with adequate prior notice of the time,
place, and nature of any meeting to be held to carry out the voluntary
agreement or plan of action.
(6) Notwithstanding any other provision of this section, a meeting
between a single participant and the Secretary of Energy (or the
appropriate delegated Department of Energy official) solely to deliver
or exchange information is not subject to the requirements and
procedures of this section, provided that a copy of the information is
promptly delivered to the Attorney General, the Chairman of the Federal
Trade Commission, and the Secretary of Energy (or the appropriate
delegated Department of Energy official).
(d) Maintenance of records.
(1) The participants in any voluntary agreement or plan of action
shall maintain for five years all minutes of meetings, transcripts,
records, documents, and other data, including any communications among
themselves or with any other member of their industry, related to the
carrying out of the voluntary agreement or plan of action. The
participants shall agree, in writing, to make available to the Attorney
General, the Chairman of the Federal Trade Commission and the Secretary
of Energy (or the appropriate delegated Department of Energy official)
for inspection and copying at reasonable times and upon reasonable
notice any item that this paragraph (d)(1) requires them to maintain.
(2) Any person required by Sec. 821.4(d)(1) to maintain records
shall indicate specific portions, if any, that such person believes
should not be disclosed to the public pursuant to Sec. 821.6 of this
part, and the reasons therefor. Any item made available to a Government
official named in Sec. 821.4.(d)(1) shall be available from that
official for public inspection and copying subject to the limitations
set forth in Sec. 821.6 of this part.
Sec. 821.5 Termination or modifying voluntary agreements.
The Attorney General may terminate or modify a voluntary agreement,
in writing, after consultation with the Chairman of the Federal Trade
Commission and the Secretary of Energy (or the appropriate delegated
Department of Energy official). The Secretary of Energy (or the
appropriate delegated Department of Energy official) may also terminate
or modify a voluntary agreement, in writing, after consultation with
the Attorney General and the Chairman of the Federal Trade Commission.
Any person who is a party to a voluntary agreement may terminate his
participation in the agreement upon written notice to the Secretary of
Energy. Effective immediately upon modification or termination of a
voluntary agreement or plan of action, any antitrust immunity conferred
upon the participants in that voluntary agreement or plan of action by
section 708(j) of the Defense Production Act (DPA) of 1950 (50 U.S.C.
4558(j)) shall not apply to any act or omission occurring after the
time of such termination or modification.
Sec. 821.6 Public access to records and meetings.
(a) Interested persons may, pursuant to 5 U.S.C. 552, inspect or
copy any voluntary agreement, minutes of meetings, transcripts,
records, or other data maintained pursuant to these rules, subject to
the exemptions provided under 5 U.S.C. 552(b)(1), (3), or (4).
(b) Except as provided by paragraph (c) of this section, interested
persons may attend any part of a meeting held to develop or carry out a
voluntary agreement pursuant to these rules.
(c) The Secretary of Energy (or the appropriate delegated
Department of Energy official) may withhold material described in this
section from disclosure and restrict attendance at meetings only on the
grounds specified in 5 U.S.C. 552(b)(1), (3), or (4) or 5 U.S.C.
552b(c), as appropriate.
[FR Doc. 2025-16235 Filed 8-22-25; 8:45 am]
BILLING CODE 6450-01-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 August 25, 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.