Removal of References to the Council on Environmental Quality's Rescinded Regulations

2. The Commission's regulations, since 1970, have included provisions to implement NEPA.\3\ On December 17, 1987, the Commission revised its regulations to include its part 380 regulations implementing NEPA.\4\ In the 1987 rulemaking, the Commission explained that the part 380 regulations require applicants to provide specific information on the environmental

impacts of a proposed project under the Natural Gas Act or Federal Power Act and develop specific procedures for the Commission to evaluate project applications.\5\ The Commission also clarified that it was voluntarily complying with the CEQ regulations.\6\

\3\ 35 FR 18958 (Dec. 15, 1970).

\4\ 52 FR 47897 (Dec. 17, 1987).

\5\ Id. at 47898.

\6\ Id.

3. CEQ removed its NEPA implementing regulations from the Code of Federal Regulations, 40 CFR 1500-1508, effective April 11, 2025.\7\ As CEQ explained in its rulemaking, Executive Order 14154, Unleashing American Energy,\8\ repealed Executive Order 11991, Relating to Protection and Enhancement of Environmental Quality, which directed CEQ to promulgate regulations and required Federal agencies to comply with the CEQ regulations.\9\

\7\ Removal of National Environmental Policy Act Implementing Regulations, 90 FR 10610 (Feb. 25, 2025) (rescission effective on April 11, 2025).

\8\ 90 FR 8353 (Jan. 20, 2025).

\9\ 42 FR 26967 (May 25, 1977).

4. The Commission's regulations include reference to CEQ's rescinded regulations at 18 CFR 380.1, 380.3, 380.4, 380.7, 380.8, 380.9, and 385.2201. As CEQ's regulations have been rescinded, this rulemaking removes those references and, where applicable, the citation to CEQ's regulation is replaced with a citation to NEPA.

18 CFR Part 380

Environmental impact statements, Reporting and recordkeeping requirements.

18 CFR Part 385

Administrative practice and procedure, Electric power, Penalties, Pipelines, Reporting and recordkeeping requirements.

Issued: June 30, 2025. Carlos D. Clay, Deputy Secretary.

In consideration of the foregoing, the Commission amends parts 380 and 385, Chapter I, Title 18, Code of Federal Regulations, as follows:

PART 380--REGULATIONS IMPLEMENTING THE NATIONAL ENVIRONMENTAL POLICY ACT

0 1. The authority citation for part 380 continues to read as follows:

Authority: 42 U.S.C. 4321-4370h, 7101-7352; E.O. 12009, 3 CFR 1978 Comp., p. 142.

0 2. Revise Sec. 380.1 to read as follows:

Sec. 380.1 Purpose.

The regulations in this part implement the Federal Energy Regulatory Commission's procedures under the National Environmental Policy Act of 1969 (NEPA).

0 3. Revise Sec. 380.3(a)(2) to read as follows:

Sec. 380.3 Environmental information to be supplied by an applicant.

(a) * * *

(2) For any proposal not identified in paragraph (a)(1) of this section, any environmental information that the Commission may determine is necessary for compliance with these regulations, NEPA, and other Federal laws such as the Endangered Species Act, the National Historic Preservation Act or the Coastal Zone Management Act. * * * * *

0 4. Revise Sec. 380.4(b)(1) to read as follows:

Sec. 380.4 Projects or actions categorically excluded.

* * * * *

(b) * * *

(1) The Commission and its staff will independently evaluate environmental information supplied in an application and in comments by the public. Where circumstances indicate that an action may be a major Federal action significantly affecting the quality of the human environment, the Commission:

(i) May require an environmental report or other additional environmental information, and

(ii) Will prepare an environmental assessment or an environmental impact statement. * * * * *

0 5. Revise Sec. 380.7 to read as follows:

Sec. 380.7 Format of an environmental impact statement.

In addition to the requirements for an environmental impact statement prescribed in section 102(2)(C) of NEPA, 42 U.S.C. 4332(2)(C), an environmental impact statement prepared by the Commission will include a section on the literature cited in the environmental impact statement and a staff conclusion section. The staff conclusion section will include summaries of:

(a) The significant environmental impacts of the proposed action;

(b) Any alternative to the proposed action that would have a less severe environmental impact or impacts and the action preferred by the staff;

(c) Any mitigation measures proposed by the applicant, as well as additional mitigation measures that might be more effective;

(d) Any significant environmental impacts of the proposed action that cannot be mitigated; and

(e) References to any pending, completed, or recommended studies that might provide baseline data or additional data on the proposed action.

0 6. Revise Sec. 380.8 to read as follows:

Sec. 380.8 Preparation of environmental documents.

The preparation of environmental documents, as defined in section 111(5) of NEPA, 42 U.S.C. 4336e(5), on hydroelectric projects, natural gas facilities, and electric transmission facilities in national interest electric transmission corridors is the responsibility of the Commission's Office of Energy Projects, 888 First Street NE, Washington, DC 20426, (202) 502-8700. Persons interested in status reports or information on environmental impact statements or other elements of the NEPA process, including the studies or other information the Commission may require on these projects, can contact this office.

0 7. Revise Sec. 380.9(a) to read as follows:

Sec. 380.9 Public availability of NEPA documents and public notice of NEPA related hearings and public meetings.

(a)(1) The Commission will comply with the requirements of section 107(c) of NEPA, 42 U.S.C. 4336a(c).

(2) If an action has effects of primarily local concern, the Commission may give additional notice in a Commission order. * * * * *

PART 385--RULES OF PRACTICE AND PROCEDURE

0 8. The authority citation for part 385 continues to read as follows:

Authority: 5 U.S.C. 551-557; 15 U.S.C. 717-717w, 3301-3432; 16 U.S.C. 791a-825v, 2601-2645; 28 U.S.C. 2461; 31 U.S.C. 3701, 9701; 42 U.S.C. 7101-7352, 16441, 16451-16463; 49 U.S.C. 60502; 49 App. U.S.C. 1-85 (1988); 28 U.S.C. 2461 note (1990); 28 U.S.C. 2461 note (2015).

0 9. Revise section Sec. 385.2201(g)(1) to read as follows:

Sec. 385.2201 Rules governing off-the-record communications (Rule 2201).

* * * * *

(g) * * *

(1) Any document, or a summary of the substance of any oral communication, obtained through an exempt off-the-record communication under paragraphs (e)(1)(ii), (iv), (v), (vi) or (vii) of this section, promptly will be submitted to the Secretary and placed in the decisional record of the relevant Commission proceeding, unless the communication was with a cooperating agency as described by 42 U.S.C. 4336e(2), made under paragraph (e)(1)(v) of this section. * * * * *

[FR Doc. 2025-12464 Filed 7-1-25; 2:30 pm] BILLING CODE 6717-01-P