; and (ii) the project sponsor has met milestones, established by the Secretary under subparagraph (E), that demonstrate that the project sponsor is capable of completing the construction or modification of the proposed transmission facility. (D) Applicability of the National Environmental Policy Act of 1969 The designation of a transmission facility as a national interest high-impact transmission facility under this paragraph shall not be considered a major Federal action under section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) ). (E) Rulemaking (i) In general Not later than 180 days after the date of enactment of this subsection, the Secretary shall promulgate a regulation establishing a process to evaluate applications submitted under subparagraph (A), which shall include establishing milestones for purposes of subparagraph (C)(ii). (ii) Milestones In carrying out clause (i), the Secretary may establish milestones that are indicative of the realistic ability of a project sponsor to complete the development process with respect to a transmission project and make the applicable transmission facility operational, such as development of a construction plan, the making of investment decisions, and other milestones that, in the determination of the Secretary, are pertinent to the ability of a project sponsor to successfully make the applicable facility operational. (3) Construction permits for national interest high-impact transmission facilities (A) Permit applications (i) In general A project sponsor, or a project State on behalf of a project sponsor, may submit to the Commission an application for a permit to construct or modify a national interest high-impact transmission facility. (ii) Form Permit applications submitted under clause (i) shall be made in writing to the Commission. (iii) Rulemaking Not later than 180 days after the date of enactment of this subsection, the Commission shall promulgate regulations specifying— (I) the form of, and information to be included in,