Federal Register / Vol. 73, No. 183 / Friday, September 19, 2008 / Proposed Rules 54461 

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: Notice of proposed rulemaking 

and opportunity for comment. 

SUMMARY: The Department of Energy 

(DOE) is proposing to amend an interim 

final rule published elsewhere in 

today’s Federal Register that establishes 

procedures for DOE coordination of all 

applicable Federal authorizations for the 

siting of interstate electric transmission 

facilities and related environmental 

reviews pursuant to section 216(h) of 

the Federal Power Act (FPA). This 

proposed rule would clarify a provision 

in section 216(h) that provides that the 

Secretary of Energy shall ensure that 

once an application for coordination has 

been submitted with such data as the 

Secretary considers necessary, all 

Federal authorization 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. The proposed rule also would 

require permitting agencies to inform 

DOE of requests for authorizations 

required under Federal law for the siting 

of significant facilities used for the 

transmission of electricity in interstate 

commerce, and it provides that DOE, as 

authorized by section 216(h), may 

establish intermediate milestones and 

ultimate deadlines for the review of 

such Federal authorization applications 

and decisions. 

DATES: Public comment on this 

proposed rule will be accepted until 

November 3, 2008. See section III of the 

SUPPLEMENTARY INFORMATION section of 

this notice for additional information 

about public comment procedures. 

ADDRESSES: You may submit comments, 

identified by RIN 1901–AB18, by any of 

the following methods: 

1. Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

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

Include RIN 1901–AB18 in the subject 

line of the e-mail. Please include the full 

body of your comments in the text of the 

message or as an attachment. 

3. Mail: Address written comments to 

Mr. John Schnagl, U.S. Department of 

Energy, Office of Electricity Delivery 

and Energy Reliability (OE–20), 1000 

Independence Avenue, SW., 

Washington, DC 20585. Due to potential 

delays in DOE’s receipt and processing 

of mail sent through the U.S. Postal 

Service, we encourage respondents to 

submit comments electronically to 

ensure timely receipt. You may request 

copies of comments by contacting Mr. 

Schnagl. 

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 Proposed Rule 

III. Public Comment Procedures 

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. DOE 

is proposing rule provisions for public 

comment under which it will establish 

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. 

In addition, DOE is proposing 

provisions that would require 

permitting entities to inform DOE 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. In 

today’s Federal Register, DOE publishes 

an interim final rule which establishes 

the procedures DOE will use in carrying 

out its responsibilities under section 

216(h). Finally, DOE is proposing rule 

provisions that address 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. 

II. Discussion of Proposed Rule 

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 coordinating environmental review 

efforts undertaken by other permitting 

entities, rather than being the Federal 

entity responsible for the preparation of 

the environmental review document 

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 

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 


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where the applicant for Federal 

authorizations determines that it will be 

beneficial for DOE to perform that role. 

However, DOE believes it is 

consistent with the intent of Congress in 

section 216(h) of the FPA that DOE be 

informed 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. This will allow DOE to be 

aware of Federal authorization requests 

for significant electric transmission 

facilities even in cases where no 

coordination request has been received 

by the DOE. Under proposed section 

900.7, DOE would limit this notification 

requirement to Federal authorizations 

where the permitting entity has made a 

determination that an environmental 

impact statement (EIS) under the 

National Environmental Policy Act 

(NEPA) is necessary. In instances where 

Federal authorizations are subject to 

lesser environmental scrutiny under 

NEPA, such as a categorical exclusion 

(CX) or an environmental assessment 

(EA) which results in a finding of no 

significant impact, final agency 

determinations generally are made more 

quickly than for projects that require an 

EIS. Hence, DOE does not believe it is 

necessary to impose a notification 

requirement on permitting entities for 

Federal authorizations that are subject 

to a CX or an EA which results in a 

finding of no significant impact. 

Therefore, the proposed rule requires 

that all permitting entities inform DOE 

within five days of issuing a notice of 

intent to prepare an EIS on a Federal 

authorization for an interstate electric 

transmission facility. 

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. 

Section 216(h)(4)(A) of the FPA 

provides that DOE ‘‘shall establish 

prompt and binding intermediate 

milestones and ultimate deadlines for 

the review of, and Federal authorization 

decisions relating to, the proposed 

facility.’’ Proposed section 900.8 

provides that in instances where DOE 

has received a request for coordination 

of the Federal authorization process, 

DOE, pursuant to section 216(h)(4)(A) 

and in consultation with the permitting 

entities, will establish, as appropriate, 

intermediate milestones and ultimate 

deadlines for the review of Federal 

authorization applications and 

decisions relating to the proposed 

facility when a permitting entity has 

issued a notice of intent to publish an 

EIS. No intermediate milestones and 

ultimate deadlines would be established 

for Federal authorizations that require a 

CX or an EA which results in a finding 

of no significant impact. Proposed 

section 900.8(b) provides that no later 

than 30 days prior to any prompt and 

binding intermediate or ultimate 

deadline established by DOE, any 

permitting entity subject to the deadline 

shall inform DOE if the deadline will 

not, or is not likely to, be met. Under 

proposed section 900.9(c), DOE, in 

consultation with the permitting 

entities, may extend an interim or 

ultimate deadline. 

Further, section 216(h)(4)(B) of the 

FPA provides that the Secretary of 

Energy shall ensure that once an 

applicant has requested a Federal 

authorization with such data as the 

Secretary of Energy considers necessary, 

all permits decisions and related 

environmental reviews under Federal 

laws will be completed within one year 

or as soon thereafter as possible in 

compliance with Federal law. In order 

to ensure that statutory mandate is met 

for all Federal authorizations, both for 

authorization requests in which the 

applicant has requested DOE 

coordination of the authorization 

process and for authorization requests 

in which no such coordination request 

has been made, DOE is proposing that 

all Federal authorizations shall be 

completed no more than one year after: 

(1) A determination by the permitting 

entity has been made that the Federal 

authorization is subject to a CX; (2) an 

EA has been completed which resulted 

in a finding of no significant impact; or 

(3) 30 days after the close of the 

comment period on the permitting 

entity’s draft EIS. If another provision of 

Federal law, or some other cause, does 

not permit a permitting entity to make 

a Federal authorization determination 

within the time limits set forth in (1), 

(2), or (3), the authorization shall be 

completed as soon thereafter as 

possible, as discussed in more detail 

below. 

DOE believes that once a permitting 

entity has sufficient data to determine 

that a CX is applicable, or has 

completed an EA and made a finding of 

no significant impact, or 30 days after 

the close of the comment period on a 

draft EIS, that it has such data as is 

necessary to complete its environmental 

review and issue a final decision on the 

Federal authorization request within 

one year. If a requirement of another 

provision of Federal law does not 

permit a final decision on the Federal 

authorization request within one year 

after the permitting entity has 

determined that a CX is applicable, or 

has completed an EA and made a 

finding of no significant impact, or 30 

days after the close of the comment 

period on a draft EIS, the permitting 

entity shall issue a final decision as 

soon thereafter as allowed by provision 

of law. 

If a requirement of another provision 

of Federal law does not permit a final 

decision on the Federal authorization 

request within one year after the 

permitting entity has determined that a 

CX is applicable, or has completed an 

EA and made a finding of no significant 

impact, or 30 days after the close of the 

comment period on a draft EIS, the 

permitting entity shall inform DOE and 

the applicant of that fact no later than 

30 days after the permitting entity has 

determined that a CX is applicable, or 

has completed an EA and made a 

finding of no significant impact, or 30 

days after the close of the comment 

period on a draft EIS. The permitting 

entity shall cite the provision of Federal 

law that prevents the final decision on 

the Federal authorization request from 

being issued within one year after the 

permitting entity has determined that a 

CX is applicable, or has completed an 

EA and made a finding of no significant 

impact, or 30 days after the close of the 

comment period on a draft EIS, and the 

date by which the final decision on the 

authorization request can be issued in 

compliance with Federal law. 

If for some reason other than a 

requirement of another provision of 

Federal law, a permitting entity does not 

believe it can issue a final decision on 

the Federal authorization request within 

one year after the permitting entity has 

determined that a CX is applicable, or 

has completed an EA and made a 

finding of no significant impact, or 30 

days after the close of the comment 

period on a draft EIS, the permitting 

entity shall inform DOE and the 

applicant of that fact no later than 30 

days after the permitting entity has 

determined that a CX is applicable, or 

has completed an EA and made a 

finding of no significant impact, or 30 

days after the close of the comment 

period on a draft EIS. In such a case, 

DOE may toll or extend the date by 

which the permitting entity shall issue 

a final decision on the Federal 

authorization request. An example of a 

basis to toll or extend the date by which 

the permitting entity shall issue a final 

decision on the Federal authorization 

request is that substantial additional 

environmental analysis is required prior 

to making a Federal authorization 


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decision. For instance, after a permitting 

entity has completed an EA it may make 

a finding of significant impact which 

requires an EIS, or upon receiving 

comments on a draft EIS a 

determination may be made that a 

supplemental EIS is needed. Under 

these circumstances, DOE may toll or 

extend the section 216(h)(4)(B) 

deadline. 

In establishing the one year deadline, 

DOE believes that the permitting entity 

will have met its statutory mandate to 

complete all permit decisions and 

related environmental reviews upon the 

issuance of necessary permits and other 

documents, including where applicable 

a Record of Decision under NEPA, even 

if the effective date of the permit may 

be delayed due to rehearing or other 

appellate proceedings. In the event a 

Permitting Entity denies or fails to act 

on a Federal authorization by the 

deadline established by DOE pursuant 

to section 216(h)(4)(B) of the FPA, the 

applicant for a Federal authorization 

may appeal to the President pursuant to 

section 216(h)(6) of the FPA. 

III. Public Comment Procedures 

Interested persons are invited to 

participate in this proceeding by 

submitting data, views, or arguments. 

Written comments should be submitted 

to the address, and in the form, 

indicated in the ADDRESSES section of 

this notice of proposed rulemaking. To 

help DOE review the comments, 

interested persons are asked to refer to 

specific proposed rule provisions, if 

possible. 

If you submit information that you 

believe to be exempt by law from public 

disclosure, you should submit one 

complete copy, as well as one copy from 

which the information claimed to be 

exempt by law from public disclosure 

has been deleted. DOE is responsible for 

the final determination with regard to 

disclosure or nondisclosure of the 

information and for treating it 

accordingly under the DOE Freedom of 

Information regulations at 10 CFR 

1004.11. 

DOE has determined that this 

rulemaking does not present a 

substantial issue of fact or law, or is 

likely to have the kinds of substantial 

impacts, that warrant an opportunity for 

oral presentation of views, data, and 

arguments pursuant to 42 U.S.C. 

7191(b). 

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. 

B. Review Under the National 

Environmental Policy Act 

DOE has concluded that these 

proposed regulations fall into the class 

of actions that do 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 

A5 of Appendix A to subpart D, 10 CFR 

part 1021, which applies to rulemaking 

that interprets or amends an existing 

rule or regulation that does not change 

the environmental effect of the rule or 

regulation being amended. 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 preparation 

of an initial regulatory flexibility 

analysis 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 

Executive Order 13272, ‘‘Proper 

Consideration of Small Entities in 

Agency Rulemaking,’’ 67 FR 53461 

(August 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 General 

Counsel’s Web site: http:// 

www.gc.doe.gov. 

DOE has reviewed today’s proposed 

rule under the provisions of the 

Regulatory Flexibility Act and the 

procedures and policies published on 

February 19, 2003. The proposed rule 

addresses the timing of the Secretary of 

Energy’s determination that all 

necessary data have been submitted by 

an applicant, which starts the one-year 

period during which all Federal 

authorizations and associated reviews 

must be completed. It also would 

incorporate the authority granted to 

DOE by section 216(h) of the FPA to 

establish intermediate milestones and 

ultimate deadlines for the review of 

Federal authorization requests. In 

addition, the proposed rule would 

require Federal permitting entities to 

inform DOE of authorization requests 

within five days of issuing a notice of 

intent to prepare an EIS. These 

provisions, if implemented, would not 

affect the substantive interests of any 

entities, including small entities. DOE 

expects that actions taken under these 

provisions to coordinate and speed the 

issuance of decisions on requests for 

Federal authorizations needed to site a 

facility used for the transmission of 

electricity in interstate commerce would 

be expected to lessen the burden on 

applicants. On the basis of the 

foregoing, DOE certifies that this 

proposed rule would not have a 

significant economic impact on a 

substantial number of small entities. 

Accordingly, DOE has not prepared a 

regulatory flexibility analysis for this 

rulemaking. DOE’s certification and 

supporting statement of factual basis 

will be provided to the Chief Counsel 

for Advocacy of the Small Business 

Administration pursuant to 5 U.S.C. 

605(b). 

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 proposed rule 

published today does not contain any 

Federal mandates affecting States, tribal, 

or local governments, or the private 


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sector, and, thus, 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 proposed 

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 

proposed 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 

that may affect family well-being. This 

rule has no impact on the autonomy or 

integrity of the family as an institution. 

Accordingly, the 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 proposed 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 proposed rule under 

the OMB and DOE guidelines, and has 

concluded that it is consistent with 

applicable policies in those guidelines. 

V. Approval of the Office of the 

Secretary 

The Secretary of Energy has approved 

publication of this proposed 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 Reliability. 

For the reasons set forth in the 

preamble, the Department of Energy 

proposes to amend part 900 of chapter 

II of title 10 of the Code of Federal 

Regulations. 

PART 900—COORDINATION OF 

FEDERAL AUTHORIZATIONS FOR 

ELECTRIC TRANSMISSION FACILITIES 

1. The authority citation for part 900 

continues to read as follows: 

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

2. Add new §§ 900.7, 900.8 and 900.9 

to part 900 to read as follows: 

§ 900.7 Notification of requests for Federal 

authorizations. 

A permitting entity which receives an 

authorization request required under 

Federal law in order to site a facility 

used for the transmission of electricity 

in interstate commerce for the sale of 

electric energy at wholesale must inform 

the Director within five days of issuing 

a notice of intent to prepare an 

environmental impact statement. The 

notification can be made 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; e-mail 

John.Schnagl@hq.doe.gov. 

§ 900.8 Prompt and binding intermediate 

milestones and ultimate deadlines. 

(a) Upon receipt of a request for 

coordination, DOE, in consultation with 

the permitting entities, will establish, as 

appropriate, intermediate milestones 

and ultimate deadlines for the review of 

Federal authorization applications and 

decisions relating to a proposed electric 

transmission facility when a permitting 

entity has issued a notice of intent to 

prepare an environmental impact 

statement. 

(b) No later than 30 days prior to any 

intermediate or ultimate deadline 

established by DOE under this part, the 

permitting entity subject to the deadline 

shall inform DOE if the deadline will 

not, or is not likely to, be met. 

(c) DOE, in consultation with the 

permitting entities, may extend an 

interim or ultimate deadline. 

§ 900.9 Deadlines for final decisions on 

Federal authorization requests. 

(a) All Federal authorizations shall be 

completed one year after the permitting 

entity has determined that a categorical 

exclusion is applicable, or has 

completed an environmental assessment 

and made a finding of no significant 

impact, or 30 days after the close of the 

comment period on a draft 

environmental impact statement, or as 

soon thereafter as possible, as provided 

in paragraphs (b) and (c) of this section. 

(b)(1) If a requirement in another 

provision of Federal law does not 

permit a final decision on the Federal 

authorization request within one year 


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after the permitting entity has 

determined that a categorical exclusion 

is applicable, or has completed an 

environmental assessment and made a 

finding of no significant impact, or 30 

days after the close of the comment 

period on a draft environmental impact 

statement, the final decision will be 

issued as soon as allowed by provision 

of law. 

(2) If a requirement of another 

provision of Federal law does not 

permit a final decision on the Federal 

authorization request within one year 

after the permitting entity has 

determined that a categorical exclusion 

is applicable, or has completed an 

environmental assessment and made a 

finding of no significant impact, or 30 

days after the close of the comment 

period on a draft environmental impact 

statement, the permitting entity shall 

inform DOE and the applicant of that 

fact no later than 30 days after the 

permitting entity has determined that a 

categorical exclusion is applicable, or 

has completed an environmental 

assessment and made a finding of no 

significant impact, or 30 days after the 

close of the comment period on a draft 

environmental impact statement. The 

permitting entity shall cite the provision 

of Federal law that prevents the final 

decision on the Federal authorization 

request from being issued within one 

year after the permitting entity has 

determined that a categorical exclusion 

is applicable, or has completed an 

environmental assessment and made a 

finding of no significant impact, or 30 

days after the close of the comment 

period on a draft environmental impact 

statement, and the date when the final 

decision on the authorization request 

can be issued in compliance with 

Federal law. 

(c) If for some other reason than a 

requirement of another provision of 

Federal law, a permitting entity does not 

believe it can issue a final decision on 

the Federal authorization request within 

one year after the permitting entity has 

determined that a categorical exclusion 

is applicable, or has completed an 

environmental assessment and made a 

finding of no significant impact, or 30 

days after the close of the comment 

period on a draft environmental impact 

assessment, the permitting entity shall 

inform DOE and the applicant of that 

fact no later than 30 days after the 

permitting entity has determined that a 

categorical exclusion is applicable, or 

has completed an environmental 

assessment and made a finding of no 

significant impact, or 30 days after the 

close of the comment period on a draft 

environmental impact statement. In 

such a case, DOE may toll or extend the 

date on which the permitting entity 

shall issue a final decision on the 

Federal authorization request. 

[FR Doc. E8–21867 Filed 9–18–08; 8:45 am] 

BILLING CODE 6450–01–P 


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