[Federal Register Volume 90, Number 132 (Monday, July 14, 2025)]
[Rules and Regulations]
[Pages 31132-31133]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-13193]
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DEPARTMENT OF ENERGY
10 CFR Part 590
[DOE-HQ-2025-0010]
RIN 1901-AB67
Amending the Administrative Procedures With Respect to the Import
and Export of Natural Gas
AGENCY: Office of Fossil Energy, Department of Energy.
ACTION: Direct final rule; delay of effective date; response to
comments.
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SUMMARY: The Department of Energy (DOE) is publishing this document to
respond to comments received on the May 16, 2025, direct final rule. As
a result, DOE delays the effective date of the direct final rule on the
administrative procedures regarding the Office of Fossil Energy's (FE)
filing requirements for the import and export of natural gas.
DATES: As of July 14, 2025, the effective date of the direct final rule
published May 16, 2025, at 90 FR 20758, is delayed until August 13,
2025.
ADDRESSES: The docket for this rule, which includes the 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-2025-0010. The docket web page contains instructions on how to access
all documents, including public
[[Page 31133]]
comments, in the docket, as well as a summary.
FOR FURTHER INFORMATION CONTACT: Mr. Jeffrey Novak, U.S. Department of
Energy, Office of the General Counsel, Acting General Counsel, 1000
Independence Avenue SW, Washington, DC 20585-0121; (202) 586-5281 or
[email protected].
SUPPLEMENTARY INFORMATION:
I. May 2025 Direct Final Rule
On May 16, 205, DOE published a direct final rule amending part 590
regulations to remove antiquated references and update submission
processes to reduce the burden on the public. 90 FR 20758.
II. Response to Comments
DOE received three comments in response to the direct final rule
published on May 16, 2025. 90 FR 20758 (``May 2025 DFR'').
Table II.1--List of Commenters From the May 2025 DFR
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Comment No. in
Commenter Reference in this rule the docket Commenter type
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Center for Biological Diversity........ CBD....................... 3 Conservation Organization.
Bridget Dooling........................ Dooling................... 4 Individual.
Meghan Maury........................... Maury..................... 2 Individual.
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All three commenters had procedural objections to DOE's use of a
direct final rule. For example, Dooling stated that the May 2025 DFR
did not satisfy the good cause exemption from notice and comment
rulemaking under the Administrative Procedure Act (``APA''). (Dooling,
No. 4 at p. 4). CBD also stated that DOE should have engaged in a full
notice-and-comment rulemaking process. (CBD, No. 3 at p. 1).
In response, DOE notes that the APA requires that agencies provide
all interested persons with fair notice and an opportunity to comment
on the rulemaking. See 5 U.S.C. 553(b) & (c). The May 2025 DFR provided
the public with fair notice of DOE's changes to its own administrative
procedures regarding filing requirements for the import and export of
natural gas. See 90 FR 20759 (discussing specific administrative
changes to the filing requirements). DOE also requested comments on the
May 2025 DFR, and stated, if the Department received significant
adverse comments, the Department would withdraw the rule or issue a new
final rule that responds to such comments. 90 FR 20758. Thus, DOE has
provided interested persons with fair notice and an opportunity to
comment as required by the APA. So, the lack of discussion of a good
cause exemption under 5 U.S.C. 553(b)(B) in the DFR is irrelevant as
the notice and comment procedures under 5 U.S.C. 553(b) and (c) have
been observed before this rule takes effect. Commenters cannot argue
they were denied fair notice and an opportunity to comment solely based
on how the notice was labeled. See Little Sisters of the Poor Saints
Peter & Paul Home v. Pennsylvania, 140 S. Ct. 2367, 2384 (2020)
(holding that ``[f]ormal labels aside, the [interim final rules]
contained all of the elements of a notice of proposed rulemaking as
required by the APA'').
III. Conclusion
For the reasons discussed in the preceding sections of this
document, DOE is not withdrawing the May 2025 DFR, which finalizes
amendments to its administrative procedures to update and streamline
the general requirements for filing documents with FE for the import
and export of natural gas.
DOE also notes, to the extent that 5 U.S.C. 553 applies to the
delay of effective date, it is exempt from notice and comment because
it constitutes a rule of procedure under 5 U.S.C. 553(b)(A) and for
which no notice or hearing is required by statute. Additionally, this
action is not a ``substantive rule'' for which a 30-day delay in
effective date is required under 5 U.S.C. 553(d).
Signing Authority
This document of the Department of Energy was signed on July 09,
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 July 10, 2025.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2025-13193 Filed 7-11-25; 8:45 am]
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