54456 Federal Register / Vol. 73, No. 183 / Friday, September 19, 2008 / Rules and Regulations 

1The MOU is posted at http://www.oe.energy.gov/ 

668.htm. 

DEPARTMENT OF ENERGY 

10 CFR Part 900 

RIN 1901–AB18 

Coordination of Federal Authorizations 

for Electric Transmission Facilities 

AGENCY: Office of Electricity Delivery 

and Energy Reliability, Department of 

Energy. 

ACTION: Interim final rule and request 

for comment. 

SUMMARY: Pursuant to section 216(h) of 

the Federal Power Act, the Department 

of Energy (DOE) is establishing 

procedures under which entities may 

request that DOE coordinate Federal 

authorizations for the siting of interstate 

electric transmission facilities. In 

today’s Federal Register, DOE proposes 

several additional provisions that may 

be added to this part after consideration 

of public comments. 

DATES: Effective Date: This interim final 

rule is effective October 20, 2008. 

Comment Date: Written comments must 

be received by October 20, 2008. 

ADDRESSES: You may submit written 

comments, identified by RIN 1901– 

AB18, by any of the following methods: 

1. E-mail to SEC216h@hq.doe.gov. 

Include RIN 1901–AB18 and ‘‘Interim 

Final Rule Comments’’ in the subject 

line of the e-mail. Please include the full 

body of your comments in the text of the 

message or an attachment. 

2. Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

3. Mail: Address the comments to Mr. 

John Schnagl, Office of Electricity 

Delivery and Energy Reliability (OE–20), 

U.S. Department of Energy, 1000 

Independence Avenue, SW., 

Washington, DC 20585. Due to potential 

delays in the Department’s receipt and 

processing of mail sent through the U.S. 

Postal Service, we encourage 

commenters to submit comments 

electronically to ensure timely receipt. 

FOR FURTHER INFORMATION CONTACT: Mr. 

John Schnagl, Office of Electricity 

Delivery and Energy Reliability (OE–20), 

U.S. Department of Energy, 1000 

Independence Avenue, SW., 

Washington DC 20585; Phone (202) 

586–1056; e-mail 

John.Schnagl@hq.doe.gov or Lot Cooke, 

Attorney Advisor, U.S. Department of 

Energy, Office of the General Counsel 

(GC–76), 1000 Independence Avenue, 

SW., Washington, DC 20585; Phone 

(202) 586–0503; e-mail 

Lot.Cooke@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. Discussion of Interim Final Rule 

III. Interim Final Rulemaking 

IV. Regulatory Review 

V. Approval of the Office of Secretary 

I. Background 

Section 1221(a) of the Energy Policy 

Act of 2005 (Pub. L. 109–58) added a 

new section 216 to the Federal Power 

Act (FPA) (16 U.S.C. 791–828c) which 

deals with the siting of interstate 

electric transmission facilities. Section 

216(h) of the FPA, as amended (16 

U.S.C. 824p(h)), which is titled 

‘‘Coordination of Federal Authorizations 

for Transmission Facilities,’’ provides 

for DOE to be the lead agency for 

purposes of coordinating all applicable 

Federal authorizations for the siting of 

interstate electric transmission facilities 

and related environmental reviews. This 

interim final rule establishes the 

procedures DOE will use in carrying out 

its responsibilities under section 216(h). 

In a notice of proposed rulemaking 

published in today’s Federal Register, 

DOE proposes rule provisions for public 

comment that address: (1) The 

establishment of prompt and binding 

intermediate milestones and ultimate 

deadlines for the review of, and Federal 

authorization decisions relating to, 

proposed electric transmission facilities 

under section 216(h)(4)(A) of the FPA; 

(2) the Secretary of Energy’s 

determination under section 

216(h)(4)(B) that all necessary data has 

been submitted by an applicant, after 

which all permit decisions and related 

environmental reviews under Federal 

laws must be completed within one 

year, or as soon thereafter as practicable 

in compliance with Federal law; and (3) 

the requirement that DOE be informed 

by the permitting entities of 

authorization requests required under 

Federal law in order to site significant 

facilities used for the transmission of 

electricity in interstate commerce for the 

sale of electric energy at wholesale. 

Section 216(h) of the FPA provides an 

entity seeking permits, special use 

authorizations, certifications, opinions, 

or other approvals required under 

Federal law in order to site an electric 

transmission facility with a coordinated 

Federal consideration process and, thus, 

avoid duplicative separate review 

processes by various Federal entities. In 

addition to providing for the 

coordination of Federal transmission 

siting determinations, section 216(h) 

also provides that, to the maximum 

extent practicable under applicable 

Federal law, Indian tribes, multistate 

entities, and State agencies that have 

their own separate permitting and 

environmental reviews can participate 

in the Federal coordination process if 

they so choose. 

To facilitate the coordination of the 

Federal review process provided for in 

section 216(h) of the FPA, on August 8, 

2006, various Federal agencies with 

permitting or other Federal 

authorization responsibility for the 

siting of electric transmission facilities 

entered into a Memorandum of 

Understanding on Early Coordination of 

Federal Authorization and Related 

Environmental Reviews Required in 

Order to Site Electric Transmission 

Facilities (MOU). The signatories to the 

MOU are DOE, the Departments of 

Defense, Agriculture, the Interior, and 

Commerce, the Federal Energy 

Regulatory Commission (FERC), the 

Environmental Protection Agency, the 

Counsel on Environmental Quality 

(CEQ), and the Advisory Council on 

Historic Preservation.1 The MOU and 

these regulations, as explained herein, 

are the principal instruments DOE will 

employ for Federal intergovernmental 

coordination of electric transmission 

facilities permitting requests under 

section 216(h) of the FPA. 

II. Discussion of Interim Final Rule 

A. General 

In deciding how to proceed 

procedurally in implementing its 

authority under section 216(h), DOE 

reached certain conclusions based on its 

understanding of the purpose of the 

statute. First, under FPA section 216(h), 

DOE is to ‘‘act as the lead agency for 

purposes of coordinating all applicable 

Federal authorizations and related 

environmental reviews’’ (emphasis 

added). DOE interprets the term ‘‘lead 

agency’’ as used in FPA section 216(h) 

as making the Department responsible 

for being the lead coordinating agency 

for environmental reviews, not the lead 

agency for preparing the environmental 

review under the National 

Environmental Policy Act (NEPA). In 

instances that the Department has a 

permitting role in siting an electric 

transmission facility, DOE may be the 

lead agency for preparing the 

environmental review document, but in 

general DOE and the permitting entities 

responsible for issuing Federal 

authorizations will jointly determine the 

appropriate permitting entity to be the 

lead agency for preparing NEPA 

compliance documents in accordance 

with existing CEQ regulations (40 CFR 

1501.5). 

Second, it is DOE’s view that section 

216(h) is intended to give an applicant 

seeking more than one Federal 


jlentini on PROD1PC65 with RULES2
Federal Register / Vol. 73, No. 183 / Friday, September 19, 2008 / Rules and Regulations 54457 

2Establishing Regulations for Filing Applications 

for Permits to Site Interstate Electric Transmission 

Facilities, Order No. 689, 71 FR 69440 (December 

1, 2006), FERC Stats. & Regs. ¶ 31,234. 

3 Department of Energy Delegation Order No. 00– 

004–00A, section 1.22, issued May 16, 2006. 

authorization for the construction or 

modification of electric transmission 

facilities access to a process under 

which all Federal reviews are made in 

a coordinated manner. With this in 

mind, DOE has determined that its 

coordination of Federal authorizations 

would be most beneficial as a request 

driven process. We do not believe 

Congress intended to impose DOE 

coordination on applicants who are 

satisfied with existing processes for 

obtaining the necessary Federal 

authorizations. If an applicant for 

Federal authorizations is familiar with 

existing Federal processes and is 

comfortable in proceeding under them, 

a requirement of DOE coordination is 

not only unnecessary, it would involve 

additional steps that could make the 

Federal review process more, rather 

than less, cumbersome and timeconsuming. By establishing a request 

driven process, DOE provides 

coordination only in circumstances 

where the applicant for Federal 

authorizations determines that it will be 

beneficial for DOE to perform that role. 

In addition, DOE expects that permitting 

entities will coordinate applicable 

Federal authorizations and related 

environmental reviews even in 

instances where no coordination request 

has been received by DOE, and, as 

provided in section 216(h)(2) of the FPA 

DOE will be prepared to intercede if it 

determines that such coordination is not 

taking place. 

B. Rule Provisions 

Section 900.1 states the purpose of 

these regulations, which is to provide a 

process for the timely coordination of 

Federal authorizations for proposed 

transmission facilities pursuant to FPA 

section 216(h). 

Section 900.2 of the interim final rule 

(‘‘Applicability’’) pertains to when DOE 

will consider a request for coordination 

of Federal authorizations. It provides 

that requests for coordination of Federal 

authorizations will be accepted by DOE 

only for facilities that are used for the 

transmission of electric energy in 

interstate commerce for the sale of 

electric energy at wholesale. This 

limitation of the applicability of the 

regulations is consistent with the intent 

of section 216 of the FPA, which is 

titled ‘‘Siting of Interstate Electric 

Transmission Facilities,’’ and adheres to 

the definition of transmission facilities 

used by FERC in Order No. 689 

(regulations regarding application for 

permits to site electric transmission 

facilities issued under section 216 of the 

FPA).2

Further, requests for coordination of 

Federal authorizations for electric 

transmission facilities located within 

the Electric Reliability Council of Texas 

(ERCOT) interconnection will not be 

accepted because section 216(k) of the 

FPA states that section 216 of the FPA 

shall not apply within the ERCOT area 

(16 U.S.C. 824p(k)). 

Finally, section 900.2 provides that 

DOE will not accept requests for 

coordination of Federal authorizations 

from requesters that have submitted an 

application to FERC for issuance of a 

permit for construction or modification 

of a transmission facility, or have 

initiated pre-filing procedures, under 

section 216(b) of the FPA (16 U.S.C. 

824p(b)). In those circumstances, DOE 

has delegated its section 216(h) 

coordination authority to FERC3 and, in 

Order No. 689, FERC adopted 

regulations setting forth the procedures 

it will follow in such circumstances. 

Section 900.3 provides definitions 

applicable to these regulations. 

Section 900.4, which is titled ‘‘Preapplication mechanism,’’ implements 

section 216(h)(4)(C) of the FPA. That 

section directs DOE to provide ‘‘an 

expeditious pre-application mechanism 

for prospective applicants to confer with 

the agencies involved to have each 

agency determine and communicate to 

the prospective applicant not later than 

60 days after the prospective applicant 

submits a request for such information 

concerning—(i) the likelihood of 

approval for a potential facility, and (ii) 

key issues of concern to the agencies 

and public’’ (16 U.S.C. 824p(h)(4)(C)). 

The procedures in section 900.4 

complement those set forth in section III 

(B) of the MOU. The Department 

expects that the permitting agencies will 

supply information under section 

216(h)(4)(C) in a manner consistent with 

existing laws. DOE views the section 

900.4 pre-application mechanism as a 

discrete process, distinct from the 

process under section 900.5 of the 

interim final rule, or any other agency’s 

pre-application process, and which 

provides details on the manner in which 

an applicant for a Federal authorization 

for an electric transmission facility can 

request DOE coordination of the Federal 

review process. 

Once a request for coordination under 

section 900.5 of the interim final rule 

has been received by DOE, DOE will 

contact the permitting entities (defined 

in section 900.3 of the interim final rule 

as ‘‘any Federal or non-Federal entity 

that is responsible for issuing separate 

Federal authorizations for a 

transmission facility’’) in order to 

coordinate their applicable Federal 

authorizations and environmental 

reviews relating to the proposed 

transmission facility. In addition, DOE 

will contact all Indian tribes, multistate 

entities, and State agencies that have 

their own separate non-Federal 

permitting and environmental reviews 

that have been identified by the 

requester under section 900.5(b)(4) of 

the interim final rule, to provide them 

the opportunity to participate in the 

coordination effort. For purposes of this 

rule, the term Indian tribes has the same 

meaning as provided in 25 U.S.C. 

450b(e). Pursuant to the terms of the 

MOU, DOE will request permitting 

entities to provide DOE with the names, 

titles, telephone numbers, e-mail 

addresses, and other pertinent contact 

information for agency personnel who 

will be responsible for considering and 

issuing the Federal authorizations being 

sought by the requester from the 

permitting entities. 

DOE and the permitting entities 

responsible for issuing Federal 

authorizations will, consistent with CEQ 

regulations, jointly determine the 

appropriate permitting entity to be the 

lead agency for preparing NEPA 

compliance documents and all other 

analyses required to comply with all 

environmental and cultural statutes and 

regulations under Federal law. Where 

relevant, and in accordance with the 

MOU, the U.S. Army Corps of Engineers 

shall be considered a participating 

agency. Indian tribes, multistate entities, 

and State agencies that have their own 

separate non-Federal permitting and 

environmental reviews may elect to 

participate in this coordination process. 

DOE shall establish and maintain, to 

the extent practicable and in 

compliance with Federal law, a single 

location to store and display the 

information utilized by the permitting 

entities as the basis for their decisions 

on the proposed project under Federal 

law, including all environmental, 

cultural and historic preservation 

statutes and regulations. FERC’s 

eLibrary is an example of such a source. 

This information shall be available to 

the applicant, all permitting entities, 

DOE, and all Indian tribes, multistate 

entities, and State agencies that have 

their own separate non-Federal 

permitting and environmental reviews. 

This information shall comprise a single 

environmental review document to be 

used as the basis for all Federal 


jlentini on PROD1PC65 with RULES2
54458 Federal Register / Vol. 73, No. 183 / Friday, September 19, 2008 / Rules and Regulations 

authorizations pertaining to the 

proposed transmission facility. 

In coordinating the preparation of a 

single environmental review document, 

DOE will rely upon the permitting 

entities, as appropriate, to ensure 

compliance with all applicable 

requirements of Federal law. The single 

environmental review document shall 

be available to all permitting entities for 

issuing their individual decisions in 

order to ensure that each permitting 

entity’s environmental review is in 

compliance with the statutory mandates 

and regulatory requirements applicable 

to action by that permitting entity. 

Pursuant to section 216(h)(8)(A)(i) of 

the FPA (16 U.S.C. 824p(h)(8)(A)(i)), 

based on information filed by the 

requester under this part, DOE will 

make a determination on the length of 

the anticipated use of the proposed 

electric transmission facility and advise 

all permitting entities of that 

determination prior to the close of the 

public comment period for the draft of 

the NEPA compliance documents. 

III. Interim Final Rulemaking 

This rule establishes procedures for 

the coordination of Federal 

authorizations for the siting of interstate 

electric transmission facilities. The 

Administrative Procedure Act exempts 

rules of agency procedure from its 

provisions requiring notice and 

opportunity for comment before 

issuance of rules (5 U.S.C. 553(b)(A)). 

DOE, however, is publishing an interim 

rule that provides a public comment 

opportunity. 

IV. Regulatory Review 

A. Review Under Executive Order 12866 

Today’s regulatory action has been 

determined to be a ‘‘significant 

regulatory action’’ under Executive 

Order 12866, ‘‘Regulatory Planning and 

Review,’’ 58 FR 51735 (October 4, 1993). 

Accordingly, this action was subject to 

review under that Executive Order by 

the Office of Information and Regulatory 

Affairs of the Office of Management and 

Budget (OMB). 

B. Review Under the National 

Environmental Policy Act 

DOE has concluded that promulgation 

of these regulations falls into the class 

of actions that does not individually or 

cumulatively have a significant impact 

on the human environment as set forth 

in DOE’s regulations implementing the 

National Environmental Policy Act of 

1969 (42 U.S.C. 4321 et seq.). 

Specifically, the rule is covered under 

the categorical exclusion in paragraph 

A6 of Appendix A to subpart D, 10 CFR 

part 1021, which applies to rulemakings 

that are strictly procedural. 

Accordingly, neither an environmental 

assessment nor an environmental 

impact statement is required. 

C. Review Under the Regulatory 

Flexibility Act 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) requires that an 

agency prepare an initial regulatory 

flexibility analysis for any regulation for 

which a general notice of proposed 

rulemaking is required, unless the 

agency certifies that the rule, if 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities (5 U.S.C. 

605(b)). This rule establishes procedures 

for DOE coordination of Federal 

authorizations for the siting of interstate 

electric transmission facilities and, 

therefore, a general notice of proposed 

rulemaking is not required. 

Accordingly, the Regulatory Flexibility 

Act requirements do not apply. 

D. Review Under the Paperwork 

Reduction Act 

This rulemaking would impose no 

new information or recordkeeping 

requirements. Accordingly, Office of 

Management and Budget clearance is 

not required under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.). 

E. Review Under the Unfunded 

Mandates Reform Act 

Title II of the Unfunded Mandates 

Reform Act of 1995 (Pub. L. 104–4) 

requires each Federal agency to prepare 

a written assessment of the effects of 

any Federal mandate in a proposed or 

final agency regulation that may result 

in the expenditure by States, tribal or 

local governments, in the aggregate, or 

by the private sector, of $100 million in 

any one year. The Act also requires a 

Federal agency to develop an effective 

process to permit timely input by 

elected officials of State, tribal or local 

governments on a proposed significant 

intergovernmental mandate, and 

requires an agency plan for giving notice 

and opportunity to provide timely input 

to potentially affected small 

governments before establishing any 

requirements that might significantly or 

uniquely affect small governments. DOE 

has determined that the interim final 

rule published today does not contain 

any Federal mandates affecting States, 

tribal, or local governments, or the 

private sector, so these requirements do 

not apply. 

F. Review Under Executive Order 12988 

With respect to the review of existing 

regulations and the promulgation of 

new regulations, section 3(a) of 

Executive Order 12988, ‘‘Civil Justice 

Reform’’ (61 FR 4779, February 7, 1996) 

imposes on Federal agencies the general 

duty to adhere to the following 

requirements: eliminate drafting errors 

and needless ambiguity, write 

regulations to minimize litigation, 

provide a clear legal standard for 

affected conduct rather than a general 

standard, and promote simplification 

and burden reduction. Section 3(b) 

requires Federal agencies to make every 

reasonable effort to ensure that a 

regulation, among other things: clearly 

specifies the preemptive effect, if any, 

adequately defines key terms, and 

addresses other important issues 

affecting the clarity and general 

draftsmanship under guidelines issued 

by the Attorney General. Section 3(c) of 

Executive Order 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 interim 

final rule meets the relevant standards 

of Executive Order 12988. 

G. Review Under Executive Order 13132 

Executive Order 13132, ‘‘Federalism,’’ 

64 FR 43255 (August 10, 1999) imposes 

certain requirements on agencies 

formulating and implementing policies 

or regulations that preempt State law or 

that have federalism implications. 

Agencies are required to examine the 

constitutional and statutory authority 

supporting any action that would limit 

the policymaking discretion of the 

States and carefully assess the necessity 

for such actions. DOE has examined this 

interim final rule and has determined 

that it would not preempt State law and 

would not have substantial direct effects 

on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibility among the 

various levels of government. No further 

action is required by the executive 

order. 

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 


jlentini on PROD1PC65 with RULES2
Federal Register / Vol. 73, No. 183 / Friday, September 19, 2008 / Rules and Regulations 54459 

that may affect family well-being. This 

rule has no 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 13211 

Executive Order 13211, ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy, Supply, 

Distribution, or Use,’’ 66 FR 28355 (May 

22, 2001) requires preparation and 

submission to OMB of a Statement of 

Energy Effects for significant regulatory 

actions under Executive Order 12866 

that are likely to have a significant 

adverse effect on the supply, 

distribution, or use of energy. DOE has 

determined that the interim final rule 

published today does not have a 

significant adverse effect on the supply, 

distribution, or use of energy and, thus, 

the requirement to prepare a Statement 

of Energy Effects does not apply. 

J. Review Under the Treasury and 

General Government Appropriations 

Act, 2001 

The Treasury and General 

Government Appropriations Act, 2001 

(44 U.S.C. 3516 note) provides for 

agencies to review most dissemination 

of information to the public under 

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). DOE has 

reviewed today’s interim final rule 

under the OMB and DOE guidelines and 

has concluded that it is consistent with 

applicable policies in those guidelines. 

K. Congressional Notification 

As required by 5 U.S.C. 801, DOE will 

submit to Congress a report regarding 

the issuance of today’s interim final rule 

prior to the effective date set forth at the 

outset of this rulemaking. The report 

will state that it has been determined 

that the rule is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 801(2). 

V. Approval of the Office of the 

Secretary 

The Secretary of Energy has approved 

publication of this interim final rule. 

List of Subjects in 10 CFR Part 900 

Electric power, Electric utilities, 

Energy, Reporting and recordkeeping 

requirements. 

Issued in Washington, DC, on September 

12, 2008. 

Kevin M. Kolevar, 

Assistant Secretary, Office of Electricity 

Delivery and Energy Reliability. 

■ For the reasons set forth in the 

preamble, the Department of Energy 

amends chapter II of title 10 of the Code 

of Federal Regulations by adding a new 

part 900 as set forth below. 

PART 900—COORDINATION OF 

FEDERAL AUTHORIZATIONS FOR 

ELECTRIC TRANSMISSION FACILITIES 

Sec. 

900.1 Purpose. 

900.2 Applicability. 

900.3 Definitions. 

900.4 Pre-application mechanism. 

900.5 Request for coordination. 

900.6 Coordination of permitting and 

related environmental reviews. 

Authority: 16 U.S.C. 824p(h). 

§ 900.1 Purpose. 

This part provides a process for the 

timely coordination of Federal 

authorizations for proposed 

transmission facilities pursuant to 

section 216(h) of the Federal Power Act 

(FPA). The regulations provide for the 

compilation of a single environmental 

review document in order to coordinate 

all permitting and environmental 

reviews required to be issued under 

Federal law. They also provide an 

opportunity for non-Federal entities to 

coordinate their own separate nonFederal permitting and environmental 

reviews with that of the permitting 

entities. 

§ 900.2 Applicability. 

(a) DOE accepts requests for 

coordination of Federal authorizations 

under this part only for facilities that are 

used for the transmission of electric 

energy in interstate commerce for the 

sale of electric energy at wholesale. 

(b) DOE does not accept requests for 

coordination under this part of Federal 

authorizations for electric transmission 

facilities located within the Electric 

Reliability Council of Texas 

interconnection. 

(c) DOE does not accept requests for 

coordination under this part from 

persons that have submitted an 

application to the Federal Energy 

Regulatory Commission (FERC) for 

issuance of a permit for construction or 

modification of a transmission facility 

under 18 CFR 50.6 or have initiated prefiling procedures under 18 CFR 50.5. 

(d) DOE, in exercising its 

responsibilities under this part, will 

consult regularly with FERC, electric 

reliability organizations, and 

transmission organizations approved by 

FERC. 

§ 900.3 Definitions. 

As used in this part: 

Applicant means a person or entity 

who is seeking a Federal authorization. 

Director means the Director of 

Permitting and Siting in the Office of 

Electricity Delivery and Energy 

Reliability within DOE. 

DOE means the U.S. Department of 

Energy. 

Federal authorization means any 

authorization required under Federal 

law to site a transmission facility, 

including permits, special use 

authorizations, certifications, opinions, 

or other approvals. This term includes 

authorizations issued by Federal and 

non-Federal entities that are responsible 

for issuing authorizations under Federal 

law for a transmission facility. 

FERC means the Federal Energy 

Regulatory Commission. 

FPA means the Federal Power Act (16 

U.S.C. 791–828c). 

Indian tribe has the same meaning as 

provided in 25 U.S.C. 450b(e). 

NEPA means the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321 et seq.) 

Non-federal entity means Indian 

tribes, multistate entities, and State 

agencies. 

Permitting entity means any Federal 

or non-Federal entity that is responsible 

for issuing Federal authorizations. 

Request for coordination means a 

request to DOE for coordination of 

Federal authorizations under this part. 

Requester means an applicant that is 

seeking DOE coordination of Federal 

authorizations under this part. 

Single Environmental Review 

Document means the total material that 

the permitting entities develop—with 

the lead agency for preparing the NEPA 

document being primarily responsible— 

and that DOE shall assemble, along with 

any other material considered necessary 

and made available by DOE, in order to 

fulfill Federal obligations for preparing 

NEPA compliance documents and all 

other analyses required to comply with 

all environmental, cultural and historic 

preservation statutes and regulations 

under Federal law. This information 

shall be available to the applicant, all 

permitting entities, DOE, and all Indian 

tribes, multistate entities, and State 

agencies that have their own separate 

non-Federal permitting and 

environmental reviews. 

§ 900.4 Pre-Application mechanism. 

(a) An applicant, or prospective 

applicant, for a Federal authorization 

seeking information from a permitting 


jlentini on PROD1PC65 with RULES2
54460 Federal Register / Vol. 73, No. 183 / Friday, September 19, 2008 / Rules and Regulations 

entity pursuant to 16 U.S.C. 

824p(h)(4)(C) must request information 

pursuant to the terms specified in this 

section with a permitting entity, and 

notify the Director of the request to the 

permitting entity. 

(b) Any request for information filed 

under this section shall specify in 

sufficient detail the information sought 

from the permitting entity and shall 

contain sufficient information for the 

permitting entity to provide the 

requested information pursuant to 16 

U.S.C. 824p(h)(4)(C). 

(c) Within 60 days of receipt of such 

a request for information, a permitting 

entity shall provide, to the extent 

permissible under existing law, 

information concerning the request to 

the applicant, or prospective applicant, 

and the Director. 

§ 900.5 Request for coordination. 

(a) A requester shall file a request for 

coordination with the Director. 

(b) The request shall contain: 

(1) The exact legal name of the 

requester; its principal place of 

business; whether the requester is an 

individual, partnership, corporation, or 

other entity; the State laws under which 

the requester is organized or authorized; 

and the name, title, and mailing address 

of the person or persons to whom 

communications concerning the request 

for coordination are to be addressed; 

(2) A concise general description of 

the proposed transmission facility 

sufficient to explain its scope and 

purpose, including: 

(i) The voltage and type of current 

(alternating or direct); 

(ii) The length of the transmission 

line; 

(iii) The design and height of the 

support structures; 

(iv) The proposed route (including the 

beginning and ending nodes of the 

transmission project, and a brief 

geographical description of the 

proposed route); 

(v) A map of the proposed route (if 

available); 

(vi) Any ancillary facilities associated 

with the proposed route; 

(vii) The proposed dates for the 

beginning and completion of 

construction and the commencement of 

service; 

(viii) Whether the applicant for a 

Federal authorization of the proposed 

transmission facility has submitted an 

interconnection request with a 

transmission organization or electric 

reliability organization approved by 

FERC; and 

(ix) The anticipated length of time the 

proposed transmission facility will be in 

service; 

(3) A list of all permitting entities 

from which Federal authorizations 

pertaining to the proposed transmission 

facility are needed, including the docket 

numbers of pending applications with 

permitting entities; 

(4) A list of non-Federal entities that 

have their own separate non-Federal 

permitting and environmental reviews 

pertaining to the proposed transmission 

facility, including the docket numbers 

of relevant applications; 

(5) A signed statement to the Director 

that the requester has served a copy of 

the request for coordination to all 

permitting entities, and all non-Federal 

entities that have their own separate 

non-Federal permitting and 

environmental reviews; and 

(6) A statement by the requester 

certifying that it has informed the nonFederal entities that have their own 

separate non-Federal permitting and 

environmental reviews pertaining to the 

proposed transmission facility that they 

may coordinate their permitting and 

environmental reviews with DOE and 

the permitting entities pursuant to 

section 16 U.S.C. 824p(h)(4)(A). The 

statement should list the specific 

persons served and other pertinent 

contact information at all permitting 

entities and all non-Federal entities. 

(c) The written request for 

coordination may be filed by mail or 

hand delivery with the Director at 1000 

Independence Avenue, SW., 

Washington, DC 20585, or electronically 

in MS Word or PDF formats at 

SEC216h@hq.doe.gov. Electronic filing 

is DOE’s preferred method. If filing by 

hand or mail, DOE requests that an 

electronic copy be filed as well. 

(d) Upon receipt, DOE will post and 

make publicly available at http:// 

www.oe.energy.gov/ 

fed_transmission.htm each request for 

coordination and any subsequent 

correspondence and material filed with 

DOE in connection with the request, 

except for information exempt from 

disclosure under the Freedom of 

Information Act. 

§ 900.6 Coordination of permitting and 

related environmental reviews. 

(a)(1) Upon receipt of a request for 

coordination, DOE, as the coordinator of 

all applicable Federal authorizations 

and related environmental reviews, and 

the permitting entities shall jointly 

determine the appropriate level of 

coordination required, and, where 

applicable, the appropriate permitting 

entity to be the lead agency for 

preparing NEPA compliance 

documents, including all documents 

required to support a final agency 

decision, and all other analyses used as 

the basis for all decisions on a proposed 

transmission facility under Federal law. 

Designation of the lead agency for 

preparing NEPA documents shall be in 

compliance with regulations issued by 

the Council on Environmental Quality 

at 40 CFR 1500 et seq. 

(2) Non-Federal entities that have 

their own separate non-Federal 

permitting and environmental reviews 

may elect to participate in the 

coordination process under paragraph 

(a)(2) of this section. 

(b)(1) DOE as the agency coordinating 

federal authorizations shall establish, 

maintain, and utilize, to the extent 

practicable and in compliance with 

Federal law, a single location to store 

and display (electronically if 

practicable) all of the information 

assembled in order to fulfill Federal 

obligations for preparing NEPA 

compliance documents and all other 

analyses required to comply with all 

environmental and cultural statutes and 

regulations under Federal law. This 

information shall be available to the 

applicant, all permitting entities, DOE, 

and all Indian tribes, multistate entities, 

and State agencies that have their own 

separate non-Federal permitting and 

environmental reviews. 

(2) DOE shall establish and maintain, 

to the extent practicable and in 

compliance with Federal law, a single 

location to store and display the 

information utilized by the permitting 

entities as the basis for their decisions 

on the proposed project under Federal 

law, including all environmental, 

cultural protection and natural resource 

protection statutes and regulations. 

(3) In coordinating the preparation of 

a single environmental review 

document, DOE will rely upon the 

permitting entities, as appropriate, to 

ensure compliance with all applicable 

requirements of Federal law. 

(4) The single environmental review 

document shall be made available to all 

permitting entities for making their 

agency decisions in order to ensure that 

each permitting entity’s environmental 

review is in compliance with the 

statutory mandates and regulatory 

requirements applicable to action by 

that permitting entity. 

[FR Doc. E8–21866 Filed 9–18–08; 8:45 am] 

BILLING CODE 6450–01–P 


jlentini on PROD1PC65 with RULES2