Rule2025-19675
Energy Dominance Financing Amendments
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
October 28, 2025
Effective
October 28, 2025
Issuing agencies
Energy Department
Abstract
This interim final rule amends the Department of Energy's loan guarantee regulations to implement the Energy Dominance Financing provisions of the One Big Beautiful Bill Act. This interim final rule expands the definition, criteria, and requirements of certain eligible projects under the loan guarantee program, and makes revisions for clarity, organization, and conformance with the recent enactment.
Full Text
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[Federal Register Volume 90, Number 206 (Tuesday, October 28, 2025)]
[Rules and Regulations]
[Pages 48705-48710]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-19675]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
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having general applicability and legal effect, most of which are keyed
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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. 206 / Tuesday, October 28, 2025 /
Rules and Regulations
[[Page 48705]]
DEPARTMENT OF ENERGY
10 CFR Part 609
[DOE-HQ-2025-0174]
RIN 1901-AB72
Energy Dominance Financing Amendments
AGENCY: Loan Programs Office, Department of Energy (DOE).
ACTION: Interim final rule; request for comments.
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SUMMARY: This interim final rule amends the Department of Energy's loan
guarantee regulations to implement the Energy Dominance Financing
provisions of the One Big Beautiful Bill Act. This interim final rule
expands the definition, criteria, and requirements of certain eligible
projects under the loan guarantee program, and makes revisions for
clarity, organization, and conformance with the recent enactment.
DATES: This interim final rule is effective October 28, 2025. DOE will
accept comments, data, and information regarding this interim final
rule no later than December 29, 2025.
ADDRESSES: Interested persons may submit comments, identified by RIN
1901-AB72 by any of the following methods:
Federal eRulemaking Portal: <a href="http://www.regulations.gov">www.regulations.gov</a>. Follow the
instructions for submitting comments.
Electronic Mail (Email): <a href="/cdn-cgi/l/email-protection#cb879b84e5828d998ba3bae5afa4aee5aca4bd"><span class="__cf_email__" data-cfemail="8cc0dcc3a2c5cadecce4fda2e8e3e9a2ebe3fa">[email protected]</span></a>. Include RIN 1901-AB72
in the subject line of the message.
Postal Mail: Loan Programs Office, Attn: LPO Legal Department, U.S.
Department of Energy, 1000 Independence Avenue SW, Washington, DC
20585-0121. Please submit one signed original paper copy. Due to
potential delays in DOE's receipt and processing of mail sent through
the U.S. Postal Service, we encourage respondents to submit comments
electronically to ensure timely receipt.
Hand Delivery/Courier: U.S. Department of Energy, Room 4B-122, 1000
Independence Avenue SW, Washington, DC 20585-0121.
No telefacsimiles (faxes) will be accepted. For detailed
instructions on submitting comments and additional information on the
rulemaking process, see section III of this document, Public
Participation.
Docket: The docket for this 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, some documents listed in the index, such as those containing
information that is exempt from public disclosure, may not be publicly
available.
The docket web page can be found at the <a href="http://www.regulations.gov">www.regulations.gov</a> web
page associated with RIN 1901-AB72, or at <a href="http://www.regulations.gov/docket/DOE-HQ-2025-0174">www.regulations.gov/docket/DOE-HQ-2025-0174</a>. The docket web page contains simple instructions on
how to access all documents, including public comments, in the docket.
See section III of this document, Public Participation, for information
on how to submit comments through <a href="http://www.regulations.gov">www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT:
Ms. Chelsea Sexton, Program Officer, U.S. Department of Energy,
1000 Independence Avenue SW, Washington, DC 20585-0121, email:
<a href="/cdn-cgi/l/email-protection#91ddc1debfd8d7c3d1f9e0bff5fef4bff6fee7"><span class="__cf_email__" data-cfemail="521e021d7c1b1400123a237c363d377c353d24">[email protected]</span></a>, or telephone: (202) 586-1092.
Mr. Uchechukwu ``Emeka'' Eze, Attorney-Advisor, U.S. Department of
Energy, 1000 Independence Avenue SW, Washington, DC 20585-0121, email:
<a href="/cdn-cgi/l/email-protection#f6baa6b9d8bfb0a4b69e87d8929993d8919980"><span class="__cf_email__" data-cfemail="3d716d7213747b6f7d554c13595258135a524b">[email protected]</span></a>, or telephone: (202) 586-1092.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
A. One Big Beautiful Bill Act
B. 10 CFR Part 609 Background
II. Discussion
A. Interim Final Rule Overview
B. Section-by-Section Analysis
III. Public Participation
IV. Procedural Requirements
A. Executive Order 12866 and Executive Order 14192
B. Administrative Procedure Act
C. Regulatory Flexibility Act
D. Paperwork Reduction Act of 1995
E. National Environmental Policy Act of 1969
F. Executive Order 12988
G. Executive Order 13132
H. Executive Order 13175
I. Unfunded Mandates Reform Act of 1995
J. Treasury and General Government Appropriations Act of 1999
K. Treasury and General Government Appropriations Act, 2001
L. Executive Order 13211
M. Congressional Review Act
V. Approval of the Office of the Secretary
I. Introduction
A. One Big Beautiful Bill Act
The Department of Energy's (``DOE'') Loan Programs Office (``LPO'')
administers Title XVII of the Energy Policy Act of 2005 (``Title
XVII'').\1\ Since its initial enactment, Congress has made substantial
amendments to Title XVII, including through the Infrastructure
Investment and Jobs Act (``IIJA'') \2\ and the Inflation Reduction Act
of 2022 (``IRA'').\3\ For example, section 50144 of the IRA amended
Title XVII to introduce a loan guarantee program (``section 1706'') for
projects that (1) retool, repower, repurpose, or replace energy
infrastructure that has ceased operations, or (2) enable operating
energy infrastructure to avoid, reduce, utilize, or sequester air
pollutants, including anthropogenic greenhouse gas emissions.\4\ More
recently, Congress passed and the President signed into law the One Big
Beautiful Bill Act (``OBBBA'') on July 4, 2025, which includes
substantial amendments to section 1706, and Title XVII.\5\
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\1\ Public Law 109-58, title XVII (2005), as amended; 42 U.S.C.
16511 et seq.
\2\ Public Law 117-58 (2021).
\3\ Public Law 117-169 (2022).
\4\ Id. at Sec. 50144(c).
\5\ Public Law 119-21, Sec. 50403 (2025).
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The Energy Dominance Financing provisions of OBBBA amended section
1706 to now authorize the Secretary of Energy (``Secretary'') to
guarantee loans of up to a total principal amount of $250 billion
through September 30, 2028. Additionally, the Energy Dominance
Financing provisions amended the definitions and criteria used to
determine section 1706 eligible projects and eliminated certain section
1706 application and project requirements.
The cumulative effect of the Energy Dominance Financing amendments
to Title XVII is a material expansion of the types of projects eligible
for loan
[[Page 48706]]
guarantees from DOE. DOE is therefore revising 10 CFR part 609 (``part
609'') through this interim final rule (``IFR'') and requesting
comments to implement the Title XVII Loan Guarantee Program, as
modified, and fully and timely meet the ambitious timeline of
guaranteeing loans under section 1706 prior to expiration. DOE is also
modifying the colloquial name of section 1706 projects from Energy
Infrastructure Reinvestment (``EIR'') to Energy Dominance Financing
(``EDF'') projects. Section 1706 is still entitled: ``Energy
infrastructure reinvestment financing;'' however, this rebranding is
meant to reflect the material changes to the loan program established
by OBBBA, as well as the type and volume of projects DOE anticipates.
B. 10 CFR Part 609 Background
Title XVII, as amended, provides the Secretary the authority to
issue loan guarantees for certain eligible projects, including
innovative energy projects and energy infrastructure reinvestment
projects.\6\ DOE has administered the Title XVII Loan Guarantee Program
pursuant to its regulations set forth at part 609, as required by the
authorizing statute.\7\ Part 609 sets forth the policies and procedures
that DOE uses for the application process, which includes receiving,
evaluating, and approving applications for loan guarantees to support
eligible projects under Title XVII.\8\ Part 609 applies to all
applications, conditional commitments, and loan guarantee agreements
under the Title XVII Loan Guarantee Program and provides specific
guidance to program applicants regarding eligibility for the program,
the loan guarantee application process and requirements, criteria for
DOE's evaluation of applications, and the process for negotiation and
execution of a loan guarantee agreement term sheet, conditional
commitment, and loan guarantee agreement. Part 609 also describes the
terms applicable to the loan guarantee.
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\6\ Public Law 109-58, title XVII (2005), as amended; 42 U.S.C.
16511 et seq.
\7\ 42 U.S.C. 16515(b), (d).
\8\ DOE has historically provided additional guidance to
applicants and established requirements applicable to the Title XVII
Loan Guarantee Program in the solicitations for loan guarantee
applications, which are issued and updated from time to time.
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Following DOE's issuance of initial guidelines and an initial
solicitation for pre-applications for the program in 2006, DOE
promulgated the original part 609 to implement and issue loan
guarantees under the program in 2007.\9\ In 2009, DOE amended part 609
to accommodate additional flexibility regarding liens and other
collateral utilized for securing guaranteed loans.\10\ DOE subsequently
amended part 609 in 2011 to address the submission and treatment of
trade secrets and other privileged commercial or financial information
\11\ and in 2012 to incorporate certain statutory changes to section
1702 of Title XVII \12\ related to payment of credit subsidy costs.\13\
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\9\ 72 FR 60116 (Oct. 23, 2007).
\10\ 74 FR 63544 (Dec. 4, 2009).
\11\ 76 FR 26579 (May 9, 2011).
\12\ 42 U.S.C. 16512.
\13\ 77 FR 29853 (May 21, 2012).
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In 2016, DOE promulgated additional amendments to part 609 to
provide increased clarity and transparency, reduce paperwork, and
provide a more workable interpretation of certain statutory provisions
in light of DOE's experience with operation of the Title XVII
program.\14\ These amendments included removing a pre-application
process and adopting a Part I and Part II application process,
clarifying certain application limitations on technologies and
locations, implementing the Risk-Based Charge, and a number of
additional changes.
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\14\ 81 FR 90699 (Dec.15, 2016).
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In 2021, DOE amended part 609 to incorporate directives from
Executive Order 13953 to clarify the eligibility of projects related to
``Critical Minerals,'' ``Critical Minerals Production,'' and related
activities.\15\ And in 2023, DOE substantially amended part 609 to
implement provisions of the IRA that expanded or modified the
authorities applicable to the Title XVII Loan Guarantee Program.\16\
Specifically, DOE established regulations necessary to implement the
Energy Infrastructure Reinvestment (``EIR'') projects (and other
categories of projects) authorized by the IRA for Title XVII loan
guarantees; amended provisions to conform with the broader changes to
the Title XVII Loan Guarantee Program; and revised certain sections for
clarity and organization.\17\
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\15\ 86 FR 3747 (Jan. 15, 2021).
\16\ 88 FR 34419 (May 30, 2023).
\17\ Id.
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II. Discussion
A. Interim Final Rule Overview
This IFR amends the DOE loan guarantee regulations, set forth in
part 609, to implement the Energy Dominance Financing provisions of the
OBBBA. This IFR expands the definition and criteria of eligible
projects under section 1706; and revises certain sections for clarity,
organization, and conformance with the recent enactment. DOE has
determined that it is imperative to put these IFR provisions in place
for potential EDF-eligible projects, concurrent with the solicitation
of public comment, to meet the ambitious timeline of guaranteeing loans
under section 1706 prior to expiration of DOE's commitment authority.
Those provisions not impacted or otherwise amended by the OBBBA remain
in full force and effect.
Through publication of this IFR, DOE is also providing a comment
period until December 29, 2025. Comments submitted during this period
will be reviewed and considered. A final rule, or additional notice,
may be issued at a later date, with a response to comments, reflecting
any experience DOE may gain in implementing this IFR.
B. Section-by-Section Analysis
The amendments in this IFR essentially revise three sections of
part 609 to conform the Title XVII Loan Guarantee Program with the
OBBBA and otherwise implement its Energy Dominance Financing
provisions. Provided below is a section-by-section analysis of the
changes made by this IFR.
Sec. 609.2 Definitions
Prior to passage of the OBBBA, energy infrastructure meant ``a
facility, and associated equipment, used for: (1) The generation or
transmission of electric energy; or (2) The production, processing, and
delivery of fossil fuels, fuels derived from petroleum, or
petrochemical feedstocks.'' \18\
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\18\ 10 CFR 609.2; 88 FR 34429.
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As prescribed by statute, DOE is now revising part 609 to define
Energy Infrastructure to mean ``a facility, and associated equipment,
used for enabling the identification, leasing, development, production,
processing, transportation, transmission, refining, and generation
needed for energy and critical minerals.'' \19\
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\19\ Public Law 119-21, Sec. 50403 (2025).
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Sec. 609.3 Title XVII Eligible Projects
Prior to passage of the OBBBA, an eligible energy infrastructure
reinvestment project was a project located in the United States that
either ``enables operating Energy Infrastructure to avoid, reduce,
utilize, or sequester air pollutants or anthropogenic emissions of
greenhouse gases;'' or ``[r]etools, repowers, repurposes, or replaces
Energy Infrastructure that has ceased operations; provided that if such
project involves electricity generation through the use of fossil
fuels, such project shall be required to have controls or
[[Page 48707]]
technologies to avoid, reduce, utilize, or sequester air pollutants and
anthropogenic emissions of greenhouse gases.'' \20\ Additionally, an
eligible energy infrastructure reinvestment project could ``include the
remediation of environmental damage associated with Energy
Infrastructure.'' \21\
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\20\ 10 CFR 609.3; 88 FR 34430.
\21\ Id.
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DOE is now revising part 609 such that an eligible Energy Dominance
Financing Project is a project located in the United States that, as
prescribed by statute, either: ``(1) retools, repowers, repurposes, or
replaces Energy Infrastructure that has ceased operations; (2) enables
operating Energy Infrastructure to increase capacity or output; or (3)
supports or enables the provision of known or forecastable electric
supply at time intervals necessary to maintain or enhance grid
reliability or other system adequacy needs.'' \22\ As also prescribed
by statute, an eligible EDF Project may continue to ``include the
remediation of environmental damage associated with Energy
Infrastructure.''
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\22\ Public Law 119-21, Sec. 50403 (2025).
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This interim final rule expands the definition and criteria of
eligible projects under the Title XVII Loan Guarantee Program to
conform with the recent enactment of OBBBA. Specifically, the removal
of the requirement that an eligible energy infrastructure reinvestment
project ``avoid, reduce, utilize, or sequester air pollutants or
anthropogenic emissions of greenhouse gases,'' has been directed by
law. Congress has also expressly directed the removal of the
requirement that an eligible energy infrastructure reinvestment project
``have controls or technologies to avoid, reduce, utilize, or sequester
air pollutants and anthropogenic emissions of greenhouse gases.''
Similarly, Congress has expanded the eligibility of a project, under
section 1706, to include one that ``supports or enables the provision
of known or forecastable electric supply at time intervals necessary to
maintain or enhance grid reliability or other system adequacy needs.''
Sec. 609.5 Evaluation of Applications
Prior to passage of the OBBBA, an energy infrastructure
reinvestment project application would have been denied if it failed to
``include an analysis of how the proposed project will engage with and
affect associated communities.'' \23\
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\23\ 10 CFR 609.5; 88 FR 34431.
---------------------------------------------------------------------------
DOE is now revising part 609 to reflect OBBBA's elimination of this
application requirement. However, as directed by statute, DOE will
continue to require a detailed plan describing the proposed project, as
well as an assurance that an electric utility Applicant will pass on
any financial benefit from the Guarantee to the customers of, or
associated communities served by, the electric utility (with respect to
applications for EDF Projects, where the Applicant is an electric
utility).
In summary, this IFR amends DOE's loan guarantee regulations, set
forth in part 609, to implement the Energy Dominance Financing
provisions of the OBBBA. This IFR expands the definition and criteria
of eligible projects under the Title XVII Loan Guarantee Program, and
makes revisions for clarity, organization, and conformance with the
recent enactment. This IFR also incorporates OBBBA's elimination of the
statutory provision that required an applicant to submit an analysis of
how the proposed project would engage with, and affect, associated
communities. This was a statutory requirement that DOE incorporated
into its loan guarantee regulations to implement section 1706 projects,
and its elimination has been directed by law. Given the material
changes to the loan program, and the type of projects anticipated under
section 1706, DOE is also modifying its references to section 1706
projects from Energy Infrastructure Reinvestment (``EIR'') projects to
Energy Dominance Financing (``EDF'') projects. Those provisions not
impacted or otherwise amended by the OBBBA remain in full force and
effect.
III. Public Participation
DOE will accept comments, data, and information regarding this IFR
on or before the date provided in the DATES section at the beginning of
this IFR. Interested parties may submit comments, data, and other
information using any of the methods described in the ADDRESSES section
at the beginning of this document.
Submitting comments via <a href="http://www.regulations.gov">www.regulations.gov</a>. The
<a href="http://www.regulations.gov">www.regulations.gov</a> web page will require you to provide your name and
contact information. Your contact information will not be publicly
viewable except for your first and last name(s), organization name (if
any), and submitter representative name (if any). If your comment is
not processed properly because of technical difficulties, DOE will use
this information to contact you. If DOE cannot read your comment due to
technical difficulties and cannot contact you for clarification, DOE
may not be able to consider your comment.
However, your contact information will be publicly viewable if you
include it in the comment itself or in any documents attached to your
comment. Any information that you do not want to be publicly viewable
should not be included in your comment, nor in any document attached to
your comment. Otherwise, persons viewing comments will see only first
and last names, organization names, correspondence containing comments,
and any documents submitted with the comments.
Do not submit to <a href="http://www.regulations.gov">www.regulations.gov</a> information the disclosure of
which is restricted by statute, such as trade secrets and commercial or
financial information (hereinafter referred to as Confidential Business
Information (``CBI'')). Comments submitted through <a href="http://www.regulations.gov">www.regulations.gov</a>
cannot be claimed as CBI. Comments received through the website will
waive any CBI claims for the information submitted. For information on
submitting CBI, see the Confidential Business Information section.
DOE processes submissions made through <a href="http://www.regulations.gov">www.regulations.gov</a> before
posting. Normally, comments will be posted within a few days of being
submitted. However, if large volumes of comments are being processed
simultaneously, your comment may not be viewable for up to several
weeks. Please keep the comment tracking number that <a href="http://www.regulations.gov">www.regulations.gov</a>
provides after you have successfully uploaded your comment.
Submitting comments via email, hand delivery/courier, or postal
mail. Comments and documents submitted via email, hand delivery/
courier, or postal mail also will be posted to <a href="http://www.regulations.gov">www.regulations.gov</a>. If
you do not want your personal contact information to be publicly
viewable, do not include it in your comments or any accompanying
documents. Instead, provide your contact information in a cover letter.
Include your first and last names, email address, telephone number, and
optional mailing address. The cover letter will not be publicly
viewable as long as it does not include any comments.
Include contact information each time you submit comments, data,
documents, and other information to DOE. If you submit via postal mail
or hand delivery/courier, please provide all items on a CD, if
feasible, in which case it is not necessary to submit printed copies.
No telefacsimiles (faxes) will be accepted.
Comments, data, and other information submitted to DOE
[[Page 48708]]
electronically should be provided in PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file format. Provide documents that
are written in English, and that are free of any defects or viruses.
Documents should not contain special characters or any form of
encryption. If possible, documents should carry the electronic
signature of the author.
Confidential Business Information. Pursuant to 10 CFR 1004.11, any
person submitting information that they believe to be confidential and
exempt by law from public disclosure should submit via email, postal
mail, or hand delivery/courier two well-marked copies: One copy of the
document marked ``confidential'' including all the information believed
to be confidential, and one copy of the document marked ``non-
confidential'' that deletes the information believed to be
confidential. Submit these documents via email or on a CD, if feasible.
DOE will make its own determination about the confidential status of
the information and will treat it according to its determination. It is
DOE's policy that all comments, including any personal information
provided in the comments, may be included in the public docket, without
change and as received, except for information deemed to be exempt from
public disclosure.
IV. Procedural Requirements
A. Executive Order 12866 and Executive Order 14192
Section 6(a) of E.O. 12866 ``Regulatory Planning and Review''
requires agencies to submit ``significant regulatory actions'' to OIRA
for review. OIRA has determined that this regulatory action does
constitute a ``significant regulatory action'' under section 3(f) of
E.O. 12866. Accordingly, this action was subject to review under that
Executive Order by the Office of Information and Regulatory Affairs
(``OIRA'') of the Office of Management and Budget (``OMB''). The action
is economically significant under E.O. 12866. The rule implements a
material change in the types of projects eligible for loan guarantees
from DOE under Title XVII, affecting loan guarantees up to a total
principal amount of $250 billion through September 30, 2028. As a
result, both the mix of projects funded under the program and the set
of borrowers securing loans under the program may change. While there
is no assurance that a loan guarantee for any particular project will
be realized, stakeholders within industry may change behavior given the
material change of the type of projects eligible. Industry may be
willing to undertake different projects than they did prior to the
rule. That said, DOE has determined that the default rate is not
changing. The class of potentially eligible projects has expanded, but
the criteria, rules, etc. used to determine whether a project has a
``reasonable prospect of repayment'' (as determined by DOE in
consultation with Treasury) has not changed.
This IFR has also been determined to be an ``E.O. 14192
deregulatory action'' under E.O. 14192, ``Unleashing Prosperity Through
Deregulation,'' 90 FR 9065 (February 6, 2025) because it eliminates the
loan application requirement to submit ``an analysis of how the
proposed project will engage with and affect associated communities.''
As previously stated, this application requirement was introduced by
the IRA and incorporated into part 609. 88 FR 34419 (May 30, 2023).
Therefore, prior to passage of the OBBBA, an energy infrastructure
reinvestment project application would have been denied if it failed to
include an analysis of how the proposed project will engage with and
affect associated communities. DOE previously estimated ``14 hours per
response'' for the inclusion of information regarding an applicant's
community benefits plan; and ``89 respondents'' to the information
collection request annually. Id. at 88 FR 34426. This IFR eliminates
the application requirement, and associated burdens, from part 609,
making it a E.O. 14192 deregulatory action.
B. Administrative Procedure Act
Section 553(a)(2) of the Administrative Procedure Act (``APA'')
exempts rulemakings that involve matters relating to public property,
loans, grants, benefits, or contracts from the APA's notice and comment
procedures. As a rulemaking relating to the issuance of loans, DOE has
determined that a notice of proposed rulemaking (and comment thereon)
or delay in effective date is not required for this IFR's amendments to
part 609. Though DOE has determined that a notice of proposed
rulemaking (and comment thereon) is not required for this IFR's
amendments to part 609, DOE has nevertheless voluntarily elected to
solicit comment. DOE will accept comments, data, and information
regarding this IFR on or before the date provided in the DATES section
at the beginning of this IFR. Interested parties may submit comments,
data, and other information using any of the methods described in the
ADDRESSES section at the beginning of this document. Comments submitted
during this period will be reviewed and considered. A final rule, or
additional notice, may be issued at a later date, with a response to
comments, reflecting any experience DOE may gain in implementing this
IFR.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires that
an agency prepare an initial regulatory flexibility analysis whenever
an agency is required by section 553 of this title, or any other law,
to publish general notice of proposed rulemaking for any proposed rule.
However, as noted above, and in prior part 609 rulemakings, DOE is not
required to publish a general notice of proposed rulemaking for this
matter, relating to public loans, under the Administrative Procedure
Act. DOE has therefore determined that the regulatory flexibility
analysis is inapplicable.
D. Paperwork Reduction Act of 1995
The information collection requirements for the DOE regulations at
10 CFR part 609 pursuant to the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.) and the procedure implementing that Act (5 CFR
1320.1 et seq.) are under OMB Control Number 1910-5134. As previously
stated, this IFR eliminates the loan application requirement to submit
``an analysis of how the proposed project will engage with and affect
associated communities.'' Therefore, DOE will be submitting a revision
to its information collection request.
E. National Environmental Policy Act of 1969 (``NEPA'')
DOE has considered this IFR in accordance with NEPA, as amended,
DOE's NEPA implementing regulations, set forth in 10 CFR part 1021, and
DOE's NEPA implementing procedures published outside the Code of
Federal Regulations on June 30, 2025. DOE has determined that NEPA does
not apply to this action as this IFR is an administrative and routine
action excepted from NEPA review, and is necessary to bring DOE's loan
guarantee regulations into conformance with the recent enactment of
OBBBA. DOE has determined that this rulemaking is a Federal action, but
it is not ``major'' and therefore not subject to NEPA. This action is
one to which NEPA does not apply because it does not fall within the
definition of ``major Federal action'' in section 110(10) of NEPA, 42
U.S.C. 4336e(10). For more information, please see appendix A of 10 CFR
part 1021 (``A5, Interpretive rulemakings with no change in
environmental effect'') and appendix A of DOE's NEPA
[[Page 48709]]
implementing procedures, A5, Interpretive rulemakings with no change in
environmental effect (June 30, 2025).
F. Executive Order 12988
With respect to the review of existing regulations and the
promulgation of new regulations, section 3(a) of Executive Order 12988,
``Civil Justice Reform,'' 61 FR 4729 (February 7, 1996), imposes on
executive agencies the general duty to adhere to the following
requirements: (1) eliminate drafting errors and ambiguity; (2) write
regulations to minimize litigation; and (3) provide a clear legal
standard for affected conduct rather than a general standard and
promote simplification and burden reduction.
With regard to the review required by section 3(a), section 3(b) of
Executive Order 12988 specifically requires, in pertinent part, 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 Executive Order 12988 requires Executive agencies
to review regulations in light of applicable standards in section 3(a)
and section 3(b) to determine whether they are met or it is
unreasonable to meet one or more of them.
DOE has completed the required review and determined that, to the
extent permitted by law, this rule meets the relevant standards of
Executive Order 12988.
G. Executive Order 13132
Executive Order 13132, ``Federalism,'' \24\ 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 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.\25\
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\24\ 64 FR 43255 (Aug. 10, 1999).
\25\ 65 FR 13735 (Mar. 14, 2000).
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DOE has examined this IFR and has determined that it will not
preempt State law and will 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. Accordingly, no further action is
required by Executive Order 13132.
H. Executive Order 13175
Under Executive Order 13175, ``Consultation and Coordination with
Indian Tribal Governments,'' \26\ DOE may not issue a discretionary
rule that has Tribal implications and imposes substantial direct
compliance costs on Indian Tribal governments without prior Tribal
consultation. DOE has determined that this IFR will not have such
effects and has concluded that Executive Order 13175 does not apply to
this IFR.
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\26\ 65 FR 67249 (Nov. 9, 2000).
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I. Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (``UMRA'')
\27\ requires each Federal agency to provide a written statement
assessing the effects of Federal regulatory actions on State, local,
and tribal governments and the private sector 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), before promulgating any general
notice of proposed rulemaking, and before promulgating any final rule
for which a general notice of proposed rulemaking was published. As
noted above, and in prior part 609 rulemakings, DOE is not required to
publish a general notice of proposed rulemaking for this matter,
relating to public loans, under the Administrative Procedure Act. DOE
notes, however, that this IFR contains neither an intergovernmental
mandate nor a mandate that may result in the expenditure of $100
million or more in any year by State, local, and tribal governments, in
the aggregate, or by the private sector. This IFR establishes only
requirements that are a condition of Federal assistance or a duty
arising from participation in a voluntary program. Accordingly, no
further assessment or analysis is required under UMRA.
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\27\ Public Law 104-4 (Mar. 22, 1995).
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J. Treasury and General Government Appropriations Act of 1999
Section 654 of the Treasury and General Government Appropriations
Act, 1999 \28\ requires Federal agencies to issue a Family Policymaking
Assessment for any proposed rule that may affect family well-being.
This IFR will 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.
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\28\ Public Law 105-277 (1998); 5 U.S.C. 601 note.
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K. Treasury and General Government Appropriations Act, 2001
Section 515 of the Treasury and General Government Appropriations
Act, 2001 \29\ provides for Federal agencies to review most
disseminations of information to the public under guidelines
established by each agency pursuant to general guidelines issued by
OMB. OMB's guidelines were published at 67 FR 8452 (February 22, 2002),
and DOE's guidelines were published at 67 FR 62446 (October 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="http://www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf">www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf</a>.
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\29\ Public Law 106-554 (2000); 44 U.S.C. 3516 note.
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DOE has reviewed this IFR under the OMB and DOE guidelines and has
concluded that it is consistent with applicable policies in those
guidelines.
L. Executive Order 13211
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use,'' \30\
requires Federal agencies to prepare and submit to the 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 promulgates or is expected to lead to the promulgation of a final
rule or regulation, and that: (1)(i) is a significant regulatory action
under Executive Order 12866, or any successor order; and (ii) is likely
to have a significant adverse effect on the supply, distribution, or
use of energy, or (2) is
[[Page 48710]]
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 regulatory action will not
have a significant adverse effect on the supply, distribution, or use
of energy and is therefore not a significant energy action.
Accordingly, DOE has not prepared a Statement of Energy Effects.
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\30\ 66 FR 28355 (May 22, 2001).
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M. Congressional Review Act
As required by 5 U.S.C. 801, DOE will report to Congress on the
promulgation of this rule. The report will state that it has been
determined that the rule is a ``major rule'' as defined by 5 U.S.C.
804(2). As this IFR amends regulations concerning loan guarantees, it
is exempt from the notice-and-comment and effective date delay
requirements in the Administrative Procedure Act. See 5 U.S.C.
553(a)(2). As such, and in accordance with 5 U.S.C. 808(2), this IFR
will be effective upon publication.
V. 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 609
Administrative practice and procedure, Energy, Loan programs,
Reporting and recordkeeping requirements.
Signing Authority
This document of the Department of Energy was signed on October 16,
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 October 24, 2025.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
For the reasons stated in the preamble, DOE amends part 609 of
chapter II of title 10 of the Code of Federal Regulations as set forth
below:
PART 609--LOAN GUARANTEES FOR CLEAN ENERGY PROJECTS
0
1. The authority citation for part 609 continues to read as follows:
Authority: 42 U.S.C. 7254, 16511-16517.
0
2. Amend Sec. 609.2 by:
0
a. Adding in alphabetical order a definition for ``Energy Dominance
Financing Project'';
0
b. Revising the definition of ``Energy Infrastructure''; and
0
c. Removing the definition of ``Energy Infrastructure Reinvestment
Project''.
The revision and addition read as follows:
Sec. 609.2 Definitions.
* * * * *
Energy Dominance Financing Project has the meaning set forth in
Sec. 609.3.
Energy Infrastructure means a facility, and associated equipment,
used for enabling the identification, leasing, development, production,
processing, transportation, transmission, refining, and generation
needed for energy and critical minerals.
* * * * *
0
3. Amend Sec. 609.3 by:
0
a. Removing the words ``Energy Infrastructure Reinvestment'' and adding
in their place the words ``Energy Dominance Financing'' in paragraph
(a)(1)(iv) and paragraph (e) introductory text; and
0
b. Revising paragraph (e)(2).
The revision reads as follows:
Sec. 609.3 Title XVII eligible projects.
* * * * *
(e) * * *
(2) Either:
(i) Retools, repowers, repurposes, or replaces Energy
Infrastructure that has ceased operations;
(ii) Enables operating Energy Infrastructure to increase capacity
or output; or
(iii) Supports or enables the provision of known or forecastable
electric supply at time intervals necessary to maintain or enhance grid
reliability or other system adequacy needs; and
* * * * *
0
4. Amend Sec. 609.5 by revising paragraph (b)(7) to read as follows:
Sec. 609.5 Evaluation of applications.
* * * * *
(b) * * *
(7) With respect to applications for Energy Dominance Financing
Projects, where the Applicant is an electric utility, such application
fails to include an assurance that Applicant will pass on the financial
benefit from the Guarantee to the customers of, or associated
communities served by, the electric utility; or
* * * * *
Sec. 609.8 [Amended]
0
5. Amend Sec. 609.8(b)(2)(ii) by removing the words ``Energy
Infrastructure Reinvestment'' and adding in their place the words
``Energy Dominance Financing''.
Sec. 609.10 [Amended]
0
6. Amend Sec. 609.10(b)(12) by removing the words ``Energy
Infrastructure Reinvestment'' and adding in their place the words
``Energy Dominance Financing''.
[FR Doc. 2025-19675 Filed 10-27-25; 8:45 am]
BILLING CODE 6450-01-P
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