Unknown. Direct final rule (“DFR”); request for comments

5,452 words·~25 min read·/register/2025/05/16/2025-08539·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2025-05-16.xml --- 90 94 Friday, May 16, 2025 Contents Agriculture Agriculture Department See Food and Nutrition Service See Forest Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 20997 2025-08765 Army Army Department NOTICES Environmental Impact Statements; Availability, etc.: Army Training Land Retention at Kahuku Training Area, Kawailoa-Poamoho Training Area, and Makua Military Reservation, Island of O'ahu, HI, 21014-21015 2025-08697 Consumer Financial Protection Bureau of Consumer Financial Protection RULES Protections for Borrowers Affected by the COVID-19 Emergency under the Real Estate Settlement Procedures Act, Regulation X;

Rescission, 20791-20795 2025-08643 Centers Medicare Centers for Medicare & Medicaid Services RULES Medicare and Medicaid Programs: Calendar Year 2025 Payment Policies under the Physician Fee Schedule and Other Changes to Part B Payment and Coverage Policies; etc.; and Appeal Rights for Certain Changes in Patient Status; Corrections and Correcting Amendment, 20801-20808 2025-08676 NOTICES Medicare and Medicaid Programs: Quarterly Listing of Program Issuances—January through March 2025, 21043-21049 2025-08753 Medicare Program:

Deeming Authority of the Utilization Review Accreditation Commission for Medicare Advantage Health Maintenance Organizations and Preferred Provider Organizations, 21041-21043 2025-08722 Request for Information: Health Technology Ecosystem, 21034-21041 2025-08701 Central Central Intelligence Agency NOTICES Decennial Review of Operational Files Designations, 20999 2025-08807 Coast Guard Coast Guard RULES Special Local Regulation: East River, Mathews, VA, 20797-20799 2025-08764 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 21056 2025-08815 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List; Additions and Deletions, 21012-21014 2025-08755 2025-08756 Copyright Royalty Board Copyright Royalty Board PROPOSED RULES Determination of Rates and Terms for Digital Performance of Sound Recordings and Making of Ephemeral Copies to Facilitate Those Performances (Web VI), 20977-20985 2025-08631 2025-08805 Defense Department Defense Department See Army Department See Engineers Corps Education Department Education Department NOTICES Applications for New Awards:

Expanding Opportunity through Quality Charter Schools Program—Grants for Credit Enhancement for Charter School Facilities, 21016-21021 2025-08783 Expanding Opportunity through Quality Charter Schools Program—Model Development and Dissemination Grants, 21021-21027 2025-08766 Election Election Assistance Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Budget Expenditures Worksheet, 21028-21029 2025-08791 Federal Financial Report, 21027-21028 2025-08787 Energy Department Energy Department See Southwestern Power Administration RULES Amending the Administrative Procedures with Respect to the Import and Export of Natural Gas, 20758-20761 2025-08554 Application for Presidential Permit Authorizing the Construction, Connection, Operation, and Maintenance of Facilities for Transmission of Electric Energy at International Boundaries, 20753-20755 2025-08539 Collection of Information under the Energy Supply and Environmental Coordination Act, 20755-20758 2025-08538 Nondiscrimination on the Basis of Sex in Sports Programs Arising out of Federal Financial Assistance, 20786-20788 2025-08557 Procedures for Acquisition of Petroleum for the Strategic Petroleum Reserve, 20764-20766 2025-08536 Rescinding New Construction Requirements Related to Nondiscrimination in Federally Assisted Programs or Activities, 20783-20786 2025-08535 Rescinding Obsolete Financial Assistance Rules, 20761-20764 2025-08568 Rescinding Obsolete Transfer of Proceedings Regulations, 20772-20774 2025-08570 Rescinding Regulations for Loans for Minority Business Enterprises Seeking Department of Energy Contracts and Assistance, 20769-20772 2025-08573 Rescinding Regulations Related to Nondiscrimination in Federally Assisted Programs or Activities (General Provisions), 20777-20783 2025-08593 Rescinding Regulations Related to Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance, 20788-20791 2025-08594 Revisions to the Office of Hearings and Appeals Procedural Regulations, 20774-20777 2025-08540 Revisions to the Office of Hearings and Appeals Procedural Regulations for the Contractor Employee Protection Program, 20766-20769 2025-08597 PROPOSED RULES Application for Authorization to Transmit Electric Energy to a Foreign Country, 20826-20828 2025-08555 Compliance with Floodplain and Wetland Environmental Review Requirements, 20947-20949 2025-08586 Energy Conservation Program:

Exempt Power Supplies under the EPS Service Parts Act, 20831-20835 2025-08579 Proposed Withdrawal of Determination of Air Cleaners as a Covered Consumer Product, 20835-20840 2025-08596 Proposed Withdrawal of Determination of Fans and Blowers as Covered Equipment, 20930-20935 2025-08556 Rescinding in Part the Amended Standards for Dehumidifiers, 20864-20868 2025-08558 Rescinding the Amended Water Conservation Standards for Commercial Clothes Washers, 20925-20930 2025-08599 Rescinding the Efficiency Standards for Battery Chargers, 20868-20873 2025-08598 Standards for Automatic Commercial Ice Makers, 20919-20925 2025-08576 Standards for Commercial Prerinse Spray Valves, 20935-20939 2025-08574 Standards for Compact Residential Clothes Washers, 20905-20909 2025-08581 Standards for Consumer Furnace Fans, 20873-20876 2025-08583 Standards for Conventional Cooking Tops, 20881-20885 2025-08589 Standards for Conventional Ovens, 20885-20890 2025-08623 Standards for External Power Supplies, 20899-20904 2025-08587 Standards for Faucets, 20854-20859 2025-08575 Standards for Microwave Ovens, 20895-20899 2025-08588 Standards for Residential Clothes Washers, 20890-20895 2025-08578 Test Procedures for Commercial Warm Air Furnaces, 20909-20915 2025-08580 Test Procedures for Small Electric Motors, 20915-20919 2025-08592 Withdrawal of Determination of Compressors as a Covered Equipment, 20849-20854 2025-08582 Withdrawal of Determination of Miscellaneous Refrigeration Products as a Covered Consumer Product, 20840-20849 2025-08584 Withdrawal of Determination of Portable Air Conditioners as a Covered Consumer Product, 20876-20881 2025-08577 Renewable Energy Production Incentives, 20939-20942 2025-08569 Rescinding Regulations Related to Nondiscrimination in Federally Assisted Programs or Activities (Nondiscrimination on the Basis of Age), 20949-20952 2025-08595 Rescinding Reporting Requirements, Certification, Independent Verification, and DOE Review for Voluntary Greenhouse Gas Reporting, 20828-20831 2025-08585 Rescinding the Amended Water Use Standards for Residential Dishwashers, 20859-20864 2025-08591 Rescinding the Grant Programs for Schools and Hospitals and Buildings Owned by Units of Local Government and Public Care Institutions Regulations, 20945-20947 2025-08590 Rescinding the Production Incentives for Cellulosic Biofuels, 20942-20944 2025-08572 Engineers Engineers Corps NOTICES Environmental Impact Statements;

Availability, etc.: Operation and Maintenance of the Willamette Valley System, 21015-21016 2025-08689 Environmental Protection Environmental Protection Agency PROPOSED RULES State Coal Combustion Residuals Permit Program: North Dakota; Approval, 20985-20996 2025-08705 NOTICES Environmental Impact Statements; Availability, etc., 21031-21032 2025-08758 Hearings, Meetings, Proceedings, etc.: Ozone Transport Commission and the Mid-Atlantic Northeast Visibility Union, 21030 2025-08726 Proposed Settlement Agreement, Stipulation, Order, and Judgment, etc.:

CERCLA; Mohawk Tannery Site, Located in Nashua, NH, 21030-21031 2025-08725 Federal Aviation Federal Aviation Administration RULES Airspace Designations and Reporting Points: Vicinity of Bradford, IL, 20795-20797 2025-08738 PROPOSED RULES Airworthiness Directives: Airbus SAS Airplanes, 20952-20956 2025-08664 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Organization Designation Authorization, 21104-21105 2025-08793 Federal Highway Federal Highway Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 21106-21107 2025-08806 Final State Agency Action: Proposed Transportation Project in Arizona, 21105-21106 2025-08731 Federal Railroad Federal Railroad Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 21107-21109 2025-08792 2025-08794 2025-08798 Federal Reserve Federal Reserve System NOTICES Change in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 21032 2025-08803 Federal Trade Federal Trade Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 21032-21034 2025-08801 Food and Nutrition Food and Nutrition Service PROPOSED RULES Supplemental Nutrition Assistance Program: Revision of Civil Rights Data Collection Methods; Recission, 20825-20826 2025-08797 Foreign Assets Foreign Assets Control Office NOTICES Sanctions Action, 21120-21125 2025-08816 Forest Forest Service NOTICES Environmental Impact Statements; Availability, etc.: Waterville Valley Resort, Pemigewasset Ranger District, White Mountain National Forest, Grafton County NH, 20997-20999 2025-08693 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Health Resources and Services Administration See National Institutes of Health Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: The Stem Cell Therapeutic Outcomes Database, 21049-21051 2025-08703 The Teaching Health Center Graduate Medical Education Program Reconciliation Tool, 21051-21052 2025-08704 Homeland Homeland Security Department See Coast Guard See U.S. Citizenship and Immigration Services Housing Housing and Urban Development Department NOTICES Privacy Act; Systems of Records, 21057-21059 2025-08695 Indian Affairs Indian Affairs Bureau NOTICES Helping Expedite and Advance Responsible Tribal Homeownership Act Approval:

Choctaw Nation of Oklahoma Leasing Ordinance, 21060-21061 2025-08790 Industry Industry and Security Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Chemical Weapons Convention Declaration and Report Handbook and Forms and Chemical Weapons Convention Regulations, 21000 2025-08733 Interior Interior Department See Indian Affairs Bureau See National Park Service See Reclamation Bureau See Surface Mining Reclamation and Enforcement Office RULES Joint Policies of the Departments of the Interior and of the Army Relative to Reservoir Project Lands, 20808-20809 2025-08760 Internal Revenue Internal Revenue Service PROPOSED RULES Previously Taxed Earnings and Profits and Related Basis Adjustments, 20977 2025-08743 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Claim for Refund of Income Tax Return Preparer Penalties, 21127-21128 2025-08700 Reporting of Health Insurance Coverage, 21128 2025-08746 Tests for Determining whether an Obligation is Principally Secured, 21128-21129 2025-08745 Superfund Tax on Chemical Substances: Modification to List of Taxable Substances; Di-IsoNonyl Adipate, 21131 2025-08706 Modification to List of Taxable Substances; Di-isopropyl Ether, 21126 2025-08711 Modification to List of Taxable Substances;

Isodecyl Alcohol, 21129-21130 2025-08708 Modification to List of Taxable Substances; IsoDecyl Benzoate, 21130-21131 2025-08710 Modification to List of Taxable Substances; Isooctyl Alcohol, 21126-21127 2025-08707 Modification to List of Taxable Substances; Linear Nonyl Tri-Mellitate, 21125-21126 2025-08712 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Cold-Rolled Steel Flat Products from the Republic of Korea, 21010-21011 2025-08812 Certain Corrosion-Resistant Steel Products from the Republic of Korea, 21002-21004 2025-08713 Certain Frozen Warmwater Shrimp from India, 21004-21008 2025-08721 Erythritol from the People's Republic of China, 21000-21002 2025-08817 Polyethylene Terephthalate Film, Sheet, and Strip (PET Film) from India, 21008-21010 2025-08813 International Trade Com International Trade Commission NOTICES Investigations;

Determinations, Modifications, and Rulings, etc.: Ferrosilicon from Brazil, Kazakhstan, and Malaysia, 21078 2025-08720 Multifunctional Acrylate and Methacrylate Monomers and Oligomers from South Korea and Taiwan, 21077-21078 2025-08715 Labor Department Labor Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Notice of Employee Rights under National Labor Relations Act Complaint Process, 21078-21079 2025-08737 Library Library of Congress See Copyright Royalty Board National Endowment for the Arts National Endowment for the Arts NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: 2025 Final Descriptive Report Update, 21080 2025-08782 National Foundation National Foundation on the Arts and the Humanities See National Endowment for the Arts National Highway National Highway Traffic Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Crash Avoidance Warning System Human-Machine Interface Research, 21113-21115 2025-08804 Drivers' Use of Camera-Based Rear Visibility Systems versus Traditional Mirrors, 21109-21112 2025-08811 Petition for Decision of Inconsequential Noncompliance:

Goodyear Tire and Rubber Co., 21118-21119 2025-08808 Mercedes-Benz AG, Mercedes-Benz USA, LLC, and Daimler Vans USA, LLC, 21115-21117 2025-08809 National Institute National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Customer Service, Demographic, and Smoking/Tobacco Use Information from the National Cancer Institute's Cancer Information Service, 21055-21056 2025-08761 Hearings, Meetings, Proceedings, etc.: National Human Genome Research Institute, 21052 2025-08747 National Institute of Allergy and Infectious Diseases, 21053 2025-08750 National Institute of Arthritis and Musculoskeletal and Skin Diseases, 21053 2025-08744 National Institute of Diabetes and Digestive and Kidney Diseases, 21052-21053 2025-08751 National Institute on Minority Health and Health Disparities;

Cancellation, 21054 2025-08748 Office of the Director, 21052, 21054-21055 2025-08749 2025-08752 Licenses; Exemptions, Applications, Amendments, etc.: C-Abl Tyrosine Kinase Inhibitory Compound Embodiments and Methods of Making and Using the Same, 21054 2025-08742 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the South Atlantic: 2025 Recreational Fishing Season Announcement and Closure for Blueline Tilefish in the South Atlantic, 20809-20810 2025-08723 Fisheries off West Coast States:

West Coast Salmon Fisheries; 2025 Specifications and Management Measures, 20810-20824 2025-08741 Taking or Importing of Marine Mammals: Pacific Islands Fisheries Science Center Fisheries Research, 21134-21179 2025-08349 NOTICES Taking or Importing of Marine Mammals: Ice Road and Ice Trail Construction, Operation, and Maintenance Activities on Alaska's North Slope, 21011-21012 2025-08762 Narwhal, LLC Oil and Gas Exploration Activities in West Harrison Bay, AK, 21182-21214 2025-08672 National Park National Park Service NOTICES Intended Disposition:

U.S. Department of the Interior, National Park Service, Rock Creek Park, Washington, DC, 21070-21071 2025-08778 Inventory Completion: California State University, Chico, Chico, CA, 21061-21062 2025-08767 David A. Fredrickson Archaeological Collections Facility, Sonoma State University, Rohnert Park, CA, 21069-21070 2025-08779 Peabody Museum of Archaeology and Ethnology, Harvard University, Cambridge, MA, 21073-21074 2025-08776 South Carolina Institute of Archaeology and Anthropology, Columbia, SC;

South Carolina Department of Parks, Recreation, and Tourism, Columbia, SC; et al., 21065-21069 2025-08780 U.S. Department of Energy, Idaho Operations Office, Idaho Falls, ID, 21065 2025-08771 U.S. Department of the Interior, Bureau of Land Management, Arizona State Office, Phoenix, AZ, 21064-21065, 21072-21073 2025-08768 2025-08769 University of Illinois Urbana-Champaign, Champaign, IL, 21062 2025-08775 Repatriation of Cultural Items: Field Museum, Chicago, IL, 21061 2025-08770 Institute for American Indian Studies, Washington, CT, 21074-21075 2025-08781 Oakland Museum of California, Oakland, CA, 21062-21063 2025-08772 Peabody Museum of Archaeology and Ethnology, Harvard University, Cambridge, MA, 21063-21064 2025-08777 Ralph T Coe Center for the Arts, Santa Fe, NM, 21071-21072 2025-08773 2025-08774 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Environmental Impact Statements;

Availability, etc.: Dominion Energy South Carolina, Inc.; Virgil C. Summer Nuclear Station, Unit 1, 21082-21083 2025-08802 Hearings, Meetings, Proceedings, etc.: Advisory Committee on Reactor Safeguards, 21081-21082 2025-08714 Meetings; Sunshine Act, 21081 2025-08860 Permits; Applications, Issuances, etc.: Long Mott Energy, LLC; Long Mott Generating Station, 21080-21081 2025-07729 Pension Benefit Pension Benefit Guaranty Corporation NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Coverage Determination Form, 21083-21084 2025-08730 Multiemployer Plan Regulations, 21084-21085 2025-08729 Postal Regulatory Postal Regulatory Commission NOTICES Complaint, 21085-21086 2025-08759 New Postal Products, 21086 2025-08789 Postal Service Postal Service RULES Optional 5-Digit/3-Digit/ADC Sortation, 20799-20801 2025-08691 NOTICES Change in Rates and Classifications of General Applicability for Competitive Products, 21087-21088 2025-08709 Reclamation Reclamation Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Lower Colorado River Well Inventory, 21075 2025-08702 Securities Securities and Exchange Commission NOTICES Application: CAIS Sports, Media and Entertainment Fund and CAIS Advisors LLC, 21098-21099 2025-08716 MSD Investment Corp., et al., 21088 2025-08718 T. Rowe Price OHA Select Private Credit Fund, et al., 21099 2025-08810 The Advisors' Inner Circle Fund III and FS Fund Advisor, LLC, 21100 2025-08717 Self-Regulatory Organizations; Proposed Rule Changes:

Fixed Income Clearing Corp., 21092-21094 2025-08698 MEMX LLC, 21094-21098 2025-08699 MIAX PEARL, LLC, 21088-21092 2025-08696 Small Business Small Business Administration NOTICES Disaster Declaration: Oklahoma, 21100 2025-08739 Southwestern Southwestern Power Administration NOTICES Robert D. Willis Power Rate, 21029-21030 2025-08740 State Department State Department NOTICES Hearings, Meetings, Proceedings, etc.: Shipping Coordinating Committee, Preparation for International Maritime Organization Maritime Safety Committee 110, 21100-21101 2025-08732 Surface Mining Surface Mining Reclamation and Enforcement Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Permit Applications—Minimum Requirements for Legal, Financial, Compliance, and Related Information, 21076 2025-08754 Requirements for Permits and Permit Processing, 21076-21077 2025-08735 Surface Transportation Surface Transportation Board NOTICES Exemption: Control; 3i RR Holdings GP LLC, 3i RR Holdings Partnership LP, et al., Minnesota Commercial Railway Co., 21103-21104 2025-08692 Control; Star America Fund II G, LLC, Star America Rail Holdco, LLC, Belpre Industrial Parkersburg Railroad, LLC, Bucyrus Industrial Railroad, LLC, et al., 21101-21102 2025-08799 Lease with Interchange Commitment;

Kaw River Railroad, LLC, BNSF Railway Co., 21102-21103 2025-08687 2025-08690 Temporary Trackage Rights; Union Pacific Railroad Co., BNSF Railway Co., 21104 2025-08531 Release of Waybill Data, 21102 2025-08800 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Railroad Administration See National Highway Traffic Safety Administration PROPOSED RULES Administrative Rulemaking, Guidance, and Enforcement Procedures, 20956-20976 2025-08724 NOTICES Charter Amendments, Establishments, Renewals and Terminations:

U.S. Department of Transportation Advisory Board; Requests for Nominations, 21119-21120 2025-08788 Treasury Treasury Department See Foreign Assets Control Office See Internal Revenue Service U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Notice of Naturalization Oath Ceremony, 21056-21057 2025-08757 Separate Parts In This Issue Part II Commerce Department, National Oceanic and Atmospheric Administration, 21134-21179 2025-08349 Part III Commerce Department, National Oceanic and Atmospheric Administration, 21182-21214 2025-08672 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 90 94 Friday, May 16, 2025 Rules and Regulations DEPARTMENT OF ENERGY 10 CFR Part 205 [DOE-HQ-2025-0011] RIN 1901-AB68 Application for Presidential Permit Authorizing the Construction, Connection, Operation, and Maintenance of Facilities for Transmission of Electric Energy at International Boundaries AGENCY:

Department of Energy (DOE); Grid Deployment Office. ACTION: Direct final rule (“DFR”); request for comments. SUMMARY: This DFR rescinds regulations regarding the applications for a presidential permit authorizing construction, connection, operation, and maintenance of facilities for transmission of electric energy at international boundaries. DATES: The final rule is effective July 15, 2025, unless significant adverse comments are received by June 16, 2025. Significant adverse comments oppose the rule and raise, alone or in combination, a serious enough issue related to each of the independent grounds for the rule that a substantive response is required.

If significant adverse comments are received, notice will be published in the **Federal Register** before the effective date either withdrawing the rule or issuing a new final rule which responds to significant adverse comments. ADDRESSES: Interested persons are encouraged to submit comments using the Federal eRulemaking Portal at *www.regulations.gov* under docket number DOE-HQ-2025-0011. Follow the instructions for submitting comments. The docket for this final 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-2025-0011.* 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 rule may be found at *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: *DOEGeneralCounsel@hq.doe.gov.* SUPPLEMENTARY INFORMATION: Table of Contents I. General Discussion II. Procedural Issues and Regulatory Review A. Review Under Executive Orders 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 M. Congressional Notification III. Approval of the Secretary I. General Discussion DOE is rescinding the application process codified in 10 CFR 205.320 through 10 CFR 205.329. Authority for these sections can be found at E.O. 10485 as amended by E.O. 12038. Extensive regulations established in response to these EOs 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. 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. Additionally, as the authority for the aforementioned sections rests in Executive Order, it is at the discretion of the Executive branch as to how the order is applied. Accordingly, DOE removes the aforementioned sections from regulation to reduce burden and remove out of date requirements while simultaneously bolstering American energy dominance by reducing barriers in the construction of facilities on the border. The rule rescission should help increase exports and subsequently the reliance of foreign nations on American energy. DOE seeks comment on all aspects of the rule, 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 Orders 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;

(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 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. For the reasons set forth herein, this regulatory action is consistent with these principles. 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 amendment under the provisions of the Regulatory Flexibility Act and the policies and procedures published on February 19, 2003. This rule eliminates requirements. Therefore, DOE 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 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 has analyzed this 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 a categorical exclusion for rulemakings that are strictly procedural. See 10 CFR part 1021, subpart D, appendix A6. DOE has determined that this rulemaking qualifies for categorical exclusion A6 because it is a strictly procedural rulemaking. 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 amendment and has determined that it would not have a substantial direct effect on the States, on the relationship between the Federal 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 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 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)) 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 amendment according to UMRA and its statement of policy and determined that the 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. 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 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 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 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 rule 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 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 final rule, and seeks all comments. L. Review Under Additional Executive Orders and Presidential Memoranda DOE has examined this rulemaking 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,”; 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 rule is expected to be an Executive Order 14192 deregulatory action. M. Congressional Notification As required by 5 U.S.C. 801, DOE will report to Congress on the promulgation of this rule before its effective date. III. Approval of the Office of the Secretary The Secretary of Energy has approved publication of this direct final rule; request for comments. 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 in the preamble, DOE amends part 205 of chapter II, title 10 of the Code of Federal Regulations, as set forth: PART 205—ADMINISTRATIVE PROCEDURES AND SANCTIONS 1. The authority-citation 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). §§ 205.320 through 205.329 [Removed and Reserved] 2. Remove the undesignated center heading “Application for Presidential Permit Authorizing the Construction, Connection, Operation, and Maintenance of Facilities for Transmission of Electric Energy at International Boundaries” above § 205.320, and remove and reserve §§ 205.320 through 205.329. [FR Doc. 2025-08539 Filed 5-12-25; 9:30 am]

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