[Federal Register Volume 90, Number 94 (Friday, May 16, 2025)]
[Proposed Rules]
[Pages 20826-20828]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-08555]
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DEPARTMENT OF ENERGY
10 CFR Part 205
[DOE-HQ-2025-0019]
RIN 1901-AB69
Application for Authorization To Transmit Electric Energy to a
Foreign Country
AGENCY: Grid Deployment Office; Department of Energy (DOE).
ACTION: Notice of proposed rulemaking and request for comments.
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SUMMARY: DOE is proposing to amend existing provisions regarding
authorization to transmit electric energy to a foreign country.
DATES: Comments must be received on or before July 15, 2025.
ADDRESSES: Interested persons are encouraged to submit comments using
the Federal eRulemaking Portal at www.regulations.gov under docket
number DOE-HQ-2025-0019. Follow the instructions for submitting
comments. The docket for this proposed rule, which includes Federal
Register notices, comments, and other supporting documents and
materials, is available for review at www.regulations.gov. All
documents in the docket are listed in the www.regulations.gov index.
However, not all documents listed in the index may be publicly
available, such as information that is exempt from public disclosure.
The docket web page can be found at www.regulations.gov/docket/DOE-HQ-2025-0019. The docket web page contains instructions on how to access
all documents, including public comments, in the docket, as well as a
summary. In accordance with 5 U.S.C. 553(b)(4), a summary of this
proposed rule may be found at www.regulations.gov, under the docket
number.
FOR FURTHER INFORMATION CONTACT: Mr. David Taggart, U.S. Department of
Energy, Office of the General Counsel, GC-1, 1000 Independence Avenue
SW, Washington, DC 20585-0121. Telephone: (202) 586-5281. Email:
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. General Discussion
II. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
B. Review Under the Regulatory Flexibility Act
C. Review Under the Paperwork Reduction Act
D. Review Under the National Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates Reform Act
H. Review Under the Treasury and General Government
Appropriations Act, 1999
I. Review Under Executive Order 12630
J. Review Under the Treasury and General Government
Appropriations Act, 2001
K. Review Under Executive Order 13211
L. Review Under Additional Executive Orders and Presidential
Memoranda
III. Approval of the Secretary
I. General Discussion
DOE is proposing to amend the application process codified in 10
CFR 205.300 through 309. Statutory authority for these sections can be
found at 16 U.S.C. 824(e) which establishes that no person shall
transmit any electric energy from the United States to a foreign
country without first having secured an order of the Secretary
authorizing it to do so. Extensive regulations established in response
to 16 U.S.C. 824(e), which are now also out of date, impose economic,
administrative and procedural burdens on applicants. Such burdens
impede private enterprise and entrepreneurship and run contrary to the
President's goal of unleashing American energy. Executive Order (E.O.)
14154.
Further, Executive Order 14192, Unleashing Prosperity Through
Deregulation, explicitly makes it ``the policy of the executive branch
. . . to alleviate unnecessary regulatory burdens placed on the
American people.'' Such burdens ``are often difficult for the average
person or business to understand, as they require synthesizing the
collective meaning not just of formal regulations but also rules,
memoranda, administrative orders, guidance documents, policy
statements, and interagency agreements that are not subject to the
Administrative Procedure Act, further increasing compliance costs and
the risk of costs of non-compliance.'' Id. The Secretary is therefore
proposing to reduce regulatory burden wherever possible.
Accordingly, DOE proposes to amend the aforementioned sections to
reduce burden and remove out of date requirements while simultaneously
bolstering American energy dominance by increasing exports and
subsequently the reliance of foreign nations on American energy. The
amended rule will simply allow applicants to include information the
applicant deems relevant to such an authorization for consideration by
the DOE under the Federal Power Act. DOE will endeavor to expeditiously
approve applications. DOE seeks comment on all aspects of that
proposal, including but not limited to the prior rule's consistency
with statutory authority and the Constitution, national security,
whether the prior rules are out of date, the prior rule's costs and
benefits, and the prior rule's effect on small business,
entrepreneurship and private enterprise.
II. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
Executive Order (``E.O.'') 12866, ``Regulatory Planning and
Review,'' requires agencies, to the extent permitted by law, to (1)
propose or adopt a regulation only upon a reasoned determination that
its benefits justify its costs (recognizing that some benefits and
costs are difficult to quantify); (2) tailor regulations to impose the
least burden on society, consistent with obtaining regulatory
objectives, taking into account, among other things, and to the extent
practicable, the costs of cumulative regulations; (3) select, in
choosing among alternative regulatory approaches, those approaches that
maximize net benefits; (4) to the extent feasible, specify performance
objectives, rather than specifying the behavior or
[[Page 20827]]
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.
B. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of an initial regulatory flexibility analysis (``IRFA'')
and a final regulatory flexibility analysis (``FRFA'') for any rule
that by law must be proposed for public comment, unless the agency
certifies that the rule, if promulgated, will not have a significant
economic impact on a substantial number of small entities. As required
by E.O. 13272, ``Proper Consideration of Small Entities in Agency
Rulemaking,'' 67 FR 53461 (Aug. 16, 2002), DOE published procedures and
policies on February 19, 2003, to ensure that the potential impacts of
its rules on small entities are properly considered during the
rulemaking process. 68 FR 7990. DOE has made its procedures and
policies available on the Office of the General Counsel's website
(www.energy.gov/gc/office-general-counsel).
DOE reviewed the proposed amendment under the provisions of the
Regulatory Flexibility Act and the policies and procedures published on
February 19, 2003. This proposal eliminates requirements. Therefore,
DOE initially concludes that the impacts thereof would not have a
``significant economic impact on a substantial number of small
entities,'' and that the preparation of an IRFA is not warranted. DOE
will transmit this certification and supporting statement of factual
basis to the Chief Counsel for Advocacy of the Small Business
Administration for review under 5 U.S.C. 605(b).
C. Review Under the Paperwork Reduction Act
This proposed amendment imposes no new information or record-
keeping requirements. Accordingly, OMB clearance is not required under
the Paperwork Reduction Act. (44 U.S.C. 3501 et seq.).
D. Review Under the National Environmental Policy Act of 1969
DOE is analyzing this proposed action in accordance with the
National Environmental Policy Act of 1969, as amended, (``NEPA'') and
DOE's NEPA implementing regulations (10 CFR part 1021). DOE's
regulations include categorical exclusions for certain rulemakings. See
10 CFR part 1021, subpart D, appendices A and B. DOE is considering the
categorical exclusions potentially applicable to this proposed rule and
welcomes comment on the potential application of categorical
exclusion(s). DOE will complete its NEPA review before issuing the
final rule.
E. Review Under Executive Order 13132
E.O. 13132, ``Federalism,'' 64 FR 43255 (Aug. 10, 1999), imposes
certain requirements on Federal agencies formulating and implementing
policies or regulations that preempt State law or that have federalism
implications. The Executive order requires agencies to examine the
constitutional and statutory authority supporting any action that would
limit the policymaking discretion of the States and to carefully assess
the necessity for such actions. The Executive order also requires
agencies to have an accountable process to ensure meaningful and timely
input by State and local officials in the development of regulatory
policies that have federalism implications. On March 14, 2000, DOE
published a statement of policy describing the intergovernmental
consultation process it will follow in the development of such
regulations. 65 FR 13735.
DOE has examined this proposed amendment and has tentatively
determined that it would not have a substantial direct effect on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government. Therefore, no further action is required
by E.O. 13132.
F. Review Under Executive Order 12988
With respect to the review of existing regulations and the
promulgation of new regulations, section 3(a) of E.O. 12988, ``Civil
Justice Reform,'' imposes on Federal agencies the general duty to
adhere to the following requirements: (1) eliminate drafting errors and
ambiguity, (2) write regulations to minimize litigation, (3) provide a
clear legal standard for affected conduct rather than a general
standard, and (4) promote simplification and burden reduction. 61 FR
4729 (Feb. 7, 1996). Regarding the review required by section 3(a),
section 3(b) of E.O. 12988 specifically requires that Executive
agencies make every reasonable effort to ensure that the regulation (1)
clearly specifies the preemptive effect, if any, (2) clearly specifies
any effect on existing Federal law or regulation, (3) provides a clear
legal standard for affected conduct while promoting simplification and
burden reduction, (4) specifies the retroactive effect, if any, (5)
adequately defines key terms, and (6) addresses other important issues
affecting clarity and general draftsmanship under any guidelines issued
by the Attorney General.
Section 3(c) of E.O. 12988 requires Executive agencies to review
regulations in light of applicable standards in section 3(a) and (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 proposed amendment meets the
relevant standards of E.O. 12988.
G. Review Under the Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (``UMRA'')
requires each Federal agency to assess the effects of Federal
regulatory actions on State, local, and Tribal governments and the
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531).
For a regulatory action likely to result in a rule that may cause the
expenditure by State, local, and Tribal governments, in the aggregate,
or by the private sector of $100 million or more in any one year
(adjusted annually for inflation), section 202 of UMRA requires a
Federal agency to publish a written statement that estimates the
resulting costs, benefits, and other effects on the national economy (2
U.S.C. 1532(a), (b)). The UMRA also requires a Federal agency to
develop an effective process to permit timely input by elected officers
of State, local, and Tribal governments on a ``significant
intergovernmental mandate,'' and requires an agency plan for giving
notice and opportunity for timely input to potentially affected small
governments before establishing any requirements that might
significantly or uniquely affect them. On March 18, 1997, DOE published
a statement of policy on its process for intergovernmental consultation
under UMRA. 62 FR 12820. DOE's policy statement is also available at
www.energy.gov/sites/prod/files/gcprod/documents/umra_97.pdf.
DOE examined this proposed amendment according to UMRA and its
statement of policy and determined that the proposed amendment does not
contain a Federal intergovernmental mandate, nor is it expected to
require expenditures of $100 million or more in any one year by State,
local, and Tribal governments, in the aggregate, or by the private
sector. As a result, the analytical requirements of UMRA do not apply.
[[Page 20828]]
H. Review Under the Treasury and General Government Appropriations Act,
1999
Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family
Policymaking Assessment for any rule that may affect family well-being.
This proposed amendment would not have any impact on the autonomy or
integrity of the family as an institution. Accordingly, DOE has
concluded that it is not necessary to prepare a Family Policymaking
Assessment.
I. Review Under Executive Order 12630
Pursuant to E.O. 12630, ``Governmental Actions and Interference
with Constitutionally Protected Property Rights,'' 53 FR 8859 (March
18, 1988), DOE has determined that this proposed amendment would not
result in any takings that might require compensation under the Fifth
Amendment to the U.S. Constitution.
J. Review Under the Treasury and General Government Appropriations Act,
2001
Section 515 of the Treasury and General Government Appropriations
Act, 2001 (44 U.S.C. 3516, note) provides for Federal agencies to
review most disseminations of information to the public under
information quality guidelines established by each agency pursuant to
general guidelines issued by OMB. OMB's guidelines were published at 67
FR 8452 (Feb. 22, 2002), and DOE's guidelines were published at 67 FR
62446 (Oct. 7, 2002). Pursuant to OMB Memorandum M-19-15, Improving
Implementation of the Information Quality Act (April 24, 2019), DOE
published updated guidelines which are available at: https://www.energy.gov/cio/department-energy-information-quality-guidelines.
DOE has reviewed this proposed amendment under the OMB and DOE
guidelines and has concluded that it is consistent with applicable
policies in those guidelines.
K. Review Under Executive Order 13211
E.O. 13211, ``Actions Concerning Regulations That Significantly
Affect Energy Supply, Distribution, or Use,'' 66 FR 28355 (May 22,
2001), requires Federal agencies to prepare and submit to OIRA at OMB,
a Statement of Energy Effects for any significant energy action. A
``significant energy action'' is defined as any action by an agency
that promulgates or is expected to lead to promulgation of a final
rule, and that: (1) is a significant regulatory action under Executive
Order 12866, or any successor order and is likely to have a significant
adverse effect on the supply, distribution, or use of energy; or (2) is
designated by the Administrator of OIRA as a significant energy action.
For any significant energy action, the agency must give a detailed
statement of any adverse effects on energy supply, distribution, or use
should the proposal be implemented, and of reasonable alternatives to
the action and their expected benefits on energy supply, distribution,
and use.
DOE has tentatively determined that this proposed rule would not
have a significant adverse effect on the supply, distribution, or use
of energy. Accordingly, DOE has not prepared a Statement of Energy
Effects. DOE may prepare such a statement for the proposed rule, and
seeks all comments.
L. Review Under Additional Executive Orders and Presidential Memoranda
DOE has examined this proposal and has tentatively determined that
it is consistent with the policies and directives outlined in E.O.
14154 ``Unleashing American Energy,'': E.O. 14192, ``Unleashing
Prosperity Through Deregulation,''; E.O. 14219 ``Ensuring Lawful
Governance and Implementing the President's `Department of Government
Efficiency' Deregulatory Initiative'' and Presidential Memorandum,
``Delivering Emergency Price Relief for American Families and Defeating
the Cost-of-Living Crisis.'' This proposal, if finalized as proposed,
is expected to be an Executive Order 14192 deregulatory action.
III. Approval of the Secretary
The Secretary of Energy has approved publication of this notice of
proposed rulemaking and request for comment.
List of Subjects in 10 CFR Part 205
Administrative practice and procedure, Electric power, Electric
utilities, Energy, Environmental protection, Exports, Foreign
relations.
Signing Authority
This document of the Department of Energy was signed on May 9,
2025, by Chris Wright, Secretary of Energy. That document with the
original signature and date is maintained by DOE. For administrative
purposes only, and in compliance with requirements of the Office of the
Federal Register, the undersigned DOE Federal Register Liaison Officer
has been authorized to sign and submit the document in electronic
format for publication, as an official document of the Department of
Energy. This administrative process in no way alters the legal effect
of this document upon publication in the Federal Register.
Signed in Washington, DC, on May 9, 2025.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
For the reasons set forth in the preamble, DOE proposes to amend
part 205 of chapter II, subchapter A as follows:
PART 205--ADMINISTRATIVE PROCEDURES AND SANCTIONS
0
1. The authority for part 205 continues to read as follows:
Authority: Emergency Petroleum Allocation Act of 1973, Pub. L.
93-159; Federal Energy Administration Act of 1974, Pub. L. 93-275
(88 Stat. 96; E.O. 11790, 39 FR 23185); 42 U.S.C. 7101 et seq.,
unless otherwise noted. Pub. L. 95-91, 91 Stat. 565 (42 U.S.C.
7101); Pub. L. 66-280, 41 Stat. 1063 (16 U.S.C. 792 et seq.); E.O.
10485, 18 FR 5397, 3 CFR, 1949-1953, Comp., p. 970 as amended by
E.O. 12038, 43 FR 4957, 3 CFR 1978 Comp., p. 136; Department of
Energy Delegation Order No. 00-002.00Q (Nov. 1, 2018).
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2. Revise Sec. 205.300 to read as follows:
Sec. 205.300 Who shall apply.
To obtain authorization to transmit any electric energy from the
United States to a foreign country, an electric utility or other entity
subject to DOE jurisdiction under part II of the Federal Power Act must
submit an application or be a party to an application submitted by
another entity. The application shall include information the applicant
deems relevant to DOE's determination under section 202(e) in the
Federal Power Act. DOE has a strong policy in favor of approving
applications, and doing so quickly and expeditiously.
Sec. Sec. 205.301 through 205.309 [Removed and Reserved]
0
3. Remove and reserve Sec. Sec. 205.301 through 205.309.
[FR Doc. 2025-08555 Filed 5-12-25; 9:30 am]
BILLING CODE 6450-01-P