Unknown. Final rule; confirmation of effective date

3,966 words·~18 min read·/register/2025/09/11/2025-17513·

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-2025-09-11.xml --- 90 174 Thursday, September 11, 2025 Contents Agricultural Marketing Agricultural Marketing Service PROPOSED RULES Revising U.S. Standards for Grades of Lemons, 43947 2025-17481 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Food and Nutrition Service Animal Animal and Plant Health Inspection Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Importation of Sheep, Goats, and Certain Other Ruminants, 44000-44001 2025-17506 Census Bureau Census Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Automated Export System Program, 44003-44005 2025-17568 Civil Rights Civil Rights Commission NOTICES Hearings, Meetings, Proceedings, etc.: Illinois Advisory Committee, 44002 2025-17532 Illinois Advisory Committee; Correction, 44002 2025-17533 Coast Guard Coast Guard RULES Special Local Regulation:

Galveston Channel, Galveston, TX, 43912-43915 2025-17545 PROPOSED RULES Safety Zone: Beltway 8 Bridge Construction, Houston Ship Channel, Houston, TX, 43950-43952 2025-17504 Commerce Commerce Department See Census Bureau See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List;

Additions and Deletions, 44051-44052 2025-17534 Commodity Futures Commodity Futures Trading Commission PROPOSED RULES Operational Resilience Framework for Futures Commission Merchants, Swap Dealers, and Major Swap Participants; Withdrawal, 43949-43950 2025-17555 Drug Drug Enforcement Administration NOTICES Decision and Order: Chanelle D. Remien, DVM, 44104-44106 2025-17487 Importer, Manufacturer or Bulk Manufacturer of Controlled Substances; Application, Registration, etc.: Biopharmaceutical Research Company, 44106 2025-17503 Education Department Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Federal Student Aid Feedback System, 44053-44054 2025-17452 Impact Aid Program—Application for Section 7002 Assistance, 44052 2025-17477 Impact Aid Program—Application for Section 7003 Assistance, 44053 2025-17478 Free Application for Federal Student Aid Information to Be Verified for the 2025-2026 Award Year; Correction, 44052 2025-17473 Energy Department Energy Department See Federal Energy Regulatory Commission RULES Application for Presidential Permit Authorizing the Construction, Connection, Operation, and Maintenance of Facilities for Transmission of Electric Energy at International Boundaries, 43905-43907 2025-17513 Rescinding New Construction Requirements Related to Nondiscrimination in Federally Assisted Programs or Activities, 43907 2025-17517 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans;

Approvals and Promulgations: New Jersey; Memorandum of Agreement to Address NOx SIP Call Requirements, 43919-43921 2025-17485 Wyoming; R-35 Wyoming Air Quality Standards and Regulations Rule Package, 43915-43919 2025-17486 Authorization of State Hazardous Waste Management Program Revisions: California, 43923-43929 2025-17541 Hazardous Waste Management System: Identification and Listing of Hazardous Waste; Final Rule; Correction, 43921-43923 2025-17524 State Underground Storage Tank Program:

Maryland, 43936-43942 2025-17519 Minnesota, 43929-43936 2025-17521 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Arizona; Arizona Department of Environmental Quality; Stationary Source Permits; West Pinal County; PM10, 43980-43983 2025-17502 Arizona; Maricopa County Air Quality Department; Particulate Matter; Incinerators, Burn-Off Ovens, and Crematories, 43952-43955 2025-17501 Arizona; Maricopa County Air Quality Department; Volatile Organic Compounds;

Architectural Coatings, 43955-43957 2025-17500 Arizona; Maricopa County Air Quality Department; Volatile Organic Compounds; Solvent Cleaning, 43983-43986 2025-17498 California; Mojave Desert Air Quality Management District; Replacing Outdated Requirements, 43971-43980 2025-17528 Montana; Regional Haze Plan for the Second Implementation Period; Prong 4 (Visibility) for the 2015 8-Hour Ozone National Ambient Air Quality Standard, 43958-43971 2025-17499 Wyoming; R-35 Wyoming Air Quality Standards and Regulations Rule Package, 43957-43958 2025-17488 Authorization of State Hazardous Waste Management Program Revisions:

California, 43986-43987 2025-17540 Proposed Deletion from the National Priorities List, 43988-43990 2025-17505 State Underground Storage Tank Program: Maryland, 43987 2025-17518 Minnesota, 43987-43988 2025-17520 NOTICES Certain New Chemicals: Status Information for July 2025, 44062-44068 2025-17563 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Costruzioni Aeronautiche Tecnam S.p.A Airplanes, 43907-43909 2025-17516 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 44068-44070 2025-17510 2025-17511 2025-17514 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 44070 2025-17562 2025-17564 Federal Energy Federal Energy Regulatory Commission NOTICES Application: Appalachian Power Co., 44060-44061 2025-17574 Forestport Hydro, LLC, 44061-44062 2025-17577 Georgia Power Co., 44055-44056 2025-17573 Village of Swanton, VT, 44058-44060 2025-17575 Combined Filings, 44054-44055 2025-17522 Environmental Assessments;

Availability, etc.: Dominion Energy South Carolina, Inc., 44057-44058 2025-17572 Town of Wells, 44058 2025-17578 Request under Blanket Authorization: National Fuel Gas Supply Corp., 44056-44057 2025-17571 Revised Procedural Schedule: GR Catalyst Two, LLC, 44062 2025-17576 Federal Highway Federal Highway Administration NOTICES Final Federal Agency Action: Proposed Transportation Project in Utah, 44143 2025-17484 Federal Procurement Federal Procurement Policy Office RULES Conformance of Cost Accounting Standards to Generally Accepted Accounting Principles for Operating Revenue and Lease Accounting, 43942-43946 2025-17480 PROPOSED RULES Conformance of Cost Accounting Standards to Generally Accepted Accounting Principles for Cost Accounting Standards 404, 408, 409, and 411, 43994-43999 2025-17472 Federal Reserve Federal Reserve System NOTICES Change in Bank Control:

Acquisitions of Shares of a Bank or Bank Holding Company, 44070-44071 2025-17548 Federal Trade Federal Trade Commission NOTICES Granting of Requests for Early Termination of the Waiting Period under the Premerger Notification Rules, 44071-44073 2025-17535 Fish Fish and Wildlife Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Fish and Wildlife Applications and Reports—Law Enforcement, 44091-44093 2025-17470 U.S. Fish and Wildlife Service Bison Donations Request Program, 44083-44084 2025-17471 Endangered and Threatened Wildlife and Plants: 5-Year Status Reviews for Species in Hawaii, Idaho, Oregon, and Washington, 44084-44088 2025-17566 Permits;

Applications, Issuances, etc.: Incidental Take and Proposed Habitat Conservation Plan for the Sand Skink and Blue-Tailed Mole Skink; Polk County, FL, 44090-44091 2025-17554 Proposed Habitat Conservation Plan for the Sand Skink and Blue-Tailed Mole-Skink; Polk County, FL; Categorical Exclusion, 44088-44089 2025-17559 Food and Drug Food and Drug Administration NOTICES Guidance: Development of Non-Opioid Analgesics for Chronic Pain, 44074-44075 2025-17442 Food and Nutrition Food and Nutrition Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: State Administrative Expense Funds, 44001-44002 2025-17531 Foreign Trade Foreign-Trade Zones Board NOTICES Application for Expansion of Subzone: Firmenich, Inc., Foreign-Trade Zone 49, Monmouth Junction, NJ, 44005-44006 2025-17468 Application for Reorganization under Alternative Site Framework: Foreign-Trade Zone 147, Berks County, PA; Correction, 44005 2025-17465 Health and Human Health and Human Services Department See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 44077-44078 2025-17557 Health Resources Health Resources and Services Administration NOTICES National Vaccine Injury Compensation Program: List of Petitions Received, 44075-44077 2025-17530 Homeland Homeland Security Department See Coast Guard NOTICES Performance Review Board Members, 44080 2025-17565 Housing Housing and Urban Development Department NOTICES Credit Watch Termination Initiative: Termination of Direct Endorsement Approval, 44080-44081 2025-17523 HUD-Held Healthcare Loan Sale, 44081-44082 2025-17438 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service Internal Revenue Internal Revenue Service NOTICES Hearings, Meetings, Proceedings, etc.:

Taxpayer Advocacy Panel's Joint Committee, 44145 2025-17436 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Carbon and Alloy Steel Cut-to-Length Plate from the Republic of Korea, 44008-44010, 44043-44045 2025-17460 2025-17553 Certain Carbon and Alloy Steel Cut-To-Length Plate from Belgium, 44006-44008 2025-17547 Certain Carbon and Alloy Steel Cut-to-Length Plate from the Republic of Korea, 44022-44024 2025-17459 Certain Preserved Mushrooms from Poland, 44039-44040 2025-17456 Certain Preserved Mushrooms from the Netherlands, 44033-44035 2025-17457 Certain Softwood Lumber Products from Canada, 44035-44038 2025-17453 Certain Steel Nails from the United Arab Emirates, 44029-44031 2025-17467 Chlorinated Isocyanurates from the People's Republic of China, 44031-44033 2025-17454 Circular Welded Carbon Steel Standard Pipe and Tube Products from the Republic of Turkiye, 44013-44015 2025-17458 Citric Acid and Certain Citrate Salts from the People's Republic of China, 44010-44012 2025-17550 Glycine from India, Japan, Thailand, and the People's Republic of China, 44038-44039 2025-17461 Hexamethylenetetramine from the People's Republic of China, 44024-44026 2025-17525 Large Diameter Welded Pipe from the Republic of Korea, 44017-44019 2025-17463 Large Diameter Welded Pipe from the Republic of Turkiye, 44019-44021 2025-17466 Non-Refillable Steel Cylinders from the People's Republic of China:

Preliminary Results and Partial Rescission, 2023-2024, 44026-44029 2025-17462 Polyethylene Terephthalate Resin from the Sultanate of Oman, 44015-44017 2025-17455 Silicomanganese from India, 44045-44047 2025-17527 Welded Stainless Pressure Pipe from India, 44041-44042 2025-17464 International Trade Com International Trade Commission NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Temporary Steel Fencing from China, 44103-44104 2025-17570 Investigations;

Determinations, Modifications, and Rulings, etc.: Freight Rail Couplers and Parts Thereof from Czech Republic and India, 44102 2025-17569 Justice Department Justice Department See Drug Enforcement Administration PROPOSED RULES Withdrawal of Rulemaking Actions, 43948-43949 2025-17526 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Healthcare Competition Complaint Form, 44107 2025-17434 Proposed Consent Decree: CERCLA, 44106 2025-17476 Land Land Management Bureau PROPOSED RULES Rescission of Conservation and Landscape Health Rule, 43990-43994 2025-17537 NOTICES Public Land Order:

National Defense Operating Area Withdrawal, Yuma County, AZ, 44093-44094 2025-17546 Management Management and Budget Office See Federal Procurement Policy Office National Archives National Archives and Records Administration NOTICES Records Schedules, 44107-44108 2025-17512 National Institute National Institutes of Health NOTICES Hearings, Meetings, Proceedings, etc.: Center for Scientific Review, 44078-44079 2025-17435 National Heart, Lung, and Blood Institute, 44079-44080 2025-17538 National Oceanic National Oceanic and Atmospheric Administration NOTICES Hearings, Meetings, Proceedings, etc.:

Caribbean Fishery Management Council's District Advisory Panels, 44049-44050 2025-17556 Taking or Importing of Marine Mammals: Seward Cruise Ship Passenger Dock and Terminal Facility Project in Seward, AK, 44047-44049 2025-17469 National Park National Park Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Bear Sighting and Encounter Reports, 44098-44099 2025-17483 Case and Outbreak Investigation Data Collections, 44097-44098 2025-17482 Hearings, Meetings, Proceedings, etc.:

Native American Graves Protection and Repatriation Review Committee, 44095 2025-17549 Intended Disposition: U.S. Army Corps of Engineers, Omaha District, Pierre, SD, 44099-44100 2025-17494 Inventory Completion: Abbe Museum, Bar Harbor, ME, 44097 2025-17493 Museum of Indian Arts and Culture, Santa Fe, NM, 44100-44101 2025-17490 Office of the State Archaeologist, University of Iowa, Iowa City, IA, 44094-44095 2025-17491 San Diego State University, San Diego, CA, 44095-44096 2025-17495 South Dakota State Historical Society Archaeological Research Center, Rapid City, SD, and U.S.

Army Corps of Engineers, Omaha District, Omaha, NE, 44101-44102 2025-17489 Repatriation of Cultural Items: Abbe Museum, Bar Harbor, ME, 44096-44097 2025-17492 National Science National Science Foundation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Office of Civil Rights Civil Rights Case Management System, 44108-44109 2025-17544 Permits; Applications, Issuances, etc.: Antarctic Conservation Act, 44109-44111 2025-17440 2025-17443 Patent Patent and Trademark Office NOTICES Updated Legal Framework for Patent Electronic System, 44050-44051 2025-17543 Postal Regulatory Postal Regulatory Commission NOTICES Competitive Postal Products, 44111-44112 2025-17567 New Postal Products, 44111-44113 2025-17441 2025-17561 Railroad Retirement Railroad Retirement Board RULES Eligibility for an Annuity and Family Relationships, 43909-43910 2025-17475 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations;

Proposed Rule Changes: Cboe BZX Exchange, Inc., 44129-44137 2025-17444 Miami International Securities Exchange, LLC, 44116-44117, 44123-44126 2025-17450 2025-17451 Miami International Securities Exchange, LLC; MIAX PEARL, LLC; MIAX Sapphire, LLC, 44123 2025-17445 MIAX Emerald, LLC, 44126-44129 2025-17448 MIAX PEARL, LLC, 44120-44123 2025-17449 MIAX Sapphire, LLC, 44113-44116 2025-17447 NYSE Arca, Inc., 44117-44120 2025-17446 Small Business Small Business Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 44137-44139 2025-17539 2025-17542 Disaster Declaration: Louisiana, 44139 2025-17496 Social Social Security Administration RULES Extension of Expiration Dates for 13 Body System Listings, 43911-43912 2025-17560 State Department State Department NOTICES Hearings, Meetings, Proceedings, etc.: Preparation for International Maritime Organization A 34, 44139-44140 2025-17437 Surface Transportation Surface Transportation Board NOTICES Acquisition of Property:

American Safety Holdings, LLC, a Louisiana Limited Liability Co.; American-International Travel, Inc. d/b/a Dixieland Tours and Cruises, a Louisiana Corp., 44141-44143 2025-17479 Petition for Rulemaking: Ex Parte Communications, 44140-44141 2025-17474 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 44144-44145 2025-17529 Requests for Nominations:

Advisory Committee on Human Trafficking, 44144 2025-17497 Treasury Treasury Department See Internal Revenue Service NOTICES Call for Large Position Reports: Government Securities, 44145-44146 2025-17558 Veteran Affairs Veterans Affairs Department NOTICES Hearings, Meetings, Proceedings, etc.: Advisory Committee on Cemeteries and Memorials, 44146 2025-17536 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. 90 174 Thursday, September 11, 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:

Grid Deployment Office, Department of Energy. ACTION: Final rule; confirmation of effective date. SUMMARY: The Department of Energy (DOE or the Department) is publishing this document to respond to comments received on the DFR titled, “Application for Presidential Permit Authorizing the Construction, Connection, Operation and Maintenance of Facilities for Transmission of Electric Energy at International Boundaries,” published on May 16, 2025, and effective September 12, 2025.

DATES: As of September 11, 2025, the effective date of September 12, 2025 (90 FR 31131), for the direct final rule published May 16, 2025 (90 FR 20753), is confirmed. 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-2025-0011.* The docket web page contains instructions on how to access all documents, including public 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, GC-1, 1000 Independence Avenue SW, Washington, DC 20585;

(202)586-5281 or *DOEGeneralCounsel@hq.doe.gov.* SUPPLEMENTARY INFORMATION: I. General Discussion On May 16, 2025, DOE published a DFR (90 FR 20753) (May 2025 DFR) to rescind the application process codified at 10 CFR 205.320 through 10 CFR 205.329 concerning Presidential permits authorizing the construction, connection, operation, and maintenance of facilities for transmission of electric energy at international boundaries under Executive Order (E.O.) 10485, as amended. DOE stated in that DFR that if significant adverse comments were received by June 16, 2025, DOE would withdraw the DFR or issue a new final rule which responds to those significant adverse comments. Because DOE received significant adverse comments on the DFR, DOE extended the effective date of the direct final rule to September 12, 2025 (90 FR 31131) to allow enough time to consider and respond to the comments submitted. DOE has reviewed the comments received and is responding to them in this confirmation of effective date. II. Responses to Comments DOE received five comments in response to the May 2025 DFR; one in support, one with no objection but with a recommendation to keep certain permit application processes and keep a 30-day public comment period, and three opposing the DFR. Listed is a summary of the comments received and DOE's responses. Table II.1—List of Commenters From the May 2025 DFR Commenter Reference in this DFR Comment No. in the docket Commenter type National Federation of Independent Business NFIB DOE-HQ-2025-0011-0002 Non-Profit Industry Association. T P T P DOE-HQ-2025-0011-0003 Individual. Center for Biological Diversity CBD DOE-HQ-2025-0011-0004 Non-Profit Conservation Organization. The Electric Reliability Council of Texas, Inc ERCOT DOE-HQ-2025-0011-0005 Independent System Operator. Bridget C.E. Dooling Dooling DOE-HQ-2025-0011-0006 Individual. NFIB commented in support of the DFR, stating that revoking 10 CFR 205.309 through 10 CFR 205.329 will help increase efficiency by removing provisions that burden applicants and allowing applications to be submitted in a simpler fashion “without all the necessary document production and excessive expenses that the revoked regulations previously required.” (DOE HQ-2025-0011-0002 at p. 2-3). DOE acknowledges NFIB's comments and support for this DFR. The agency's intent of removing regulatory provisions is to increase efficiency of the Federal permitting process and to enhance consistency with this Administration's policy priorities focused on alleviating unnecessary regulatory burdens. ERCOT submitted a comment with no objection to the DFR but encouraged DOE to continue publishing notices of applications for Presidential Permits in the **Federal Register** and holding 30-day public comment periods. ERCOT noted that projects requiring Presidential Permits can impact a variety of entities, including grid operators like ERCOT, and a notice-and-comment period is a valuable opportunity for interested entities to evaluate potential projects and provide DOE important feedback to inform DOE's review. (DOE-HQ-2025-0011-0005 at p. 1.) DOE recognizes the value of the public comment period to inform DOE's decision to issue a Presidential Permit. However, formal notice and comment procedures result in a longer adjudication period for potential Presidential permit applications and are not required under E.O. 10485, as amended. The publication of a notice in the **Federal Register** and the opening of a 30-day public comment period significantly extends the agency's review and approval process, which ultimately puts an additional burden on applicants. Historically, DOE has received minimal public feedback during the 30-day public comment period. Therefore, DOE declines to adopt the suggestion by ERCOT to continue formally publishing notices in the **Federal Register** for applications for Presidential Permits. DOE may consider engaging with interested stakeholders through other means during the application process as the public interest may in its judgment require. Additionally, three comments opposed and asserted that the DFR violates the Administrative Procedure Act

(APA)and National Environmental Policy Act (NEPA). For example, commenter T P argued that DOE did not follow proper notice and comment rulemaking procedures and that a Categorical Exclusion

(CX)was not appropriate for the DFR because the rulemaking action has the potential for uncertain environmental risks, potential impacts on sensitive resources, and potential for cumulative impacts, which require DOE to perform either an environmental assessment or environment impact statement. (DOE HQ-2025-0011-0003 at p. 1). Additionally, CBD argued that the rule is arbitrary and capricious, did not provide a rational basis for the change, did not provide adequate notice and comment, and that applying a CX was not appropriate for the DFR. (DOE-HQ-2025-0011-0004 at p. 2-4). Further, Dooling stated that the May 2025 DFR did not satisfy the good cause exemption from notice and comment rulemaking under the APA. (DOE-HQ-2025-0011-0006 at p. 4). As for the basis of DOE's rulemaking, in issuing a Presidential Permit, DOE does not act pursuant to its congressionally established authority as a Federal agency, but on behalf of the President pursuant to a delegation of the President's authority under the United States Constitution. 1 It is settled and established law that the President is not an “agency” within the meaning of the Administrative Procedure Act

(APA)and that Presidential actions are not subject to NEPA review. 2 DOE notes that its Presidential permit decisions are subject to review and may be modified or revoked by the President. 3 Accordingly, DOE stated that the May 2025 DFR was issued pursuant to the President's directive in E.O. 14192, which instructs the executive branch to reduce regulatory burden wherever possible. Further, E.O. 10485, as amended, allows DOE broad discretion to “issue such rules and regulations, and to prescribe such procedures, as it may from time to time deem necessary or desirable for the exercise of authority delegated to it by [E.O. 10485]” and does not require those procedures to be published in the Code of Federal Regulations. 1 18 FR 5397 (09/09/1953) (preamble). 2 *Franklin* v. *Massachusetts,* 505 U.S. 788, 800

(1992)(holding the President is not subject to judicial review under the APA, given “the separation of powers and the unique constitutional position of the President); *see also Dalton* v. *Specter,* 511 U.S. 462, 469-471 (1994); *Portland Audubon Soc'y* v. *Endangered Species Committee,* 984 F.2d 1534, 1547 (9th Cir. 1993); and, *Greene County. Planning Bd.* v. *Fed. Power Comm'n,* 528 F.2d 38 (2d Cir. 1975) (holding that issuance of a Presidential permit by DOE's predecessor agency was not subject to judicial review under the Federal Power Act because the issuance of such a permit is “a function rooted in the President's power with respect to foreign relations if not as Commander in Chief of the Armed Forces”). 3 18 FR 5397 (Sec. 4) (“All Presidential Permits . . . issued hereunder, shall remain in full force and effect until modified or revoked by the President or Secretary of Energy.”) Although decisions to issue Presidential permits under E.O. 10485 are not subject to the APA, DOE acknowledges that the APA requires that agencies provide all interested persons with fair notice and an opportunity to comment on a 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 90 FR 20753. *See* 90 FR 20753 (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. 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”). Lastly, as outlined in Part II of the May 2025 DFR, DOE completed a regulatory review and analyzed this action in accordance with the NEPA and DOE's Implementing Regulations at 10 CFR 1021 (part 1021), as in effect at the time of the DFR's publication. In May 2025, DOE had determined that the DFR qualified for a CX under appendix A6 to subpart D of part 1021, Procedural rulemakings. 90 FR 20753, 20754. In July 2025, DOE revised part 1021 to remove appendix A and, concurrently, DOE issued Implementing Procedures. 4 The actions which were formally identified in appendix A of subpart D to part 1021 now represent actions that are excepted from NEPA based on the definition of “major Federal action” in section 111(10) of NEPA. Therefore, DOE has no obligation to review the DFR pursuant to NEPA. 4 DOE NEPA Implementing Procedures June 30 2025, *https://www.energy.gov/sites/default/files/2025-06/2025-06-30-DOE-NEPA-Procedures.pdf.* 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 submitting applications for Presidential Permits. 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 September 8, 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 September 9, 2025. Treena V. Garrett, Federal Register Liaison Officer, U.S. Department of Energy. [FR Doc. 2025-17513 Filed 9-10-25; 8:45 am]

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