[Federal Register Volume 59, Number 40 (Tuesday, March 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4633]


[[Page Unknown]]

[Federal Register: March 1, 1994]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Office of General Counsel

10 CFR Ch. II, III, and X; 18 CFR PCh. I; and 48 CFR Ch. 9

[Docket No. GC-NOI-94-110]

 

Review of Existing Regulations for Modification or Elimination

AGENCY: Department of Energy.

ACTION: Notice of Inquiry.

-----------------------------------------------------------------------

SUMMARY: As a first step of a comprehensive initiative by the 
Department of Energy (DOE or Department) to reform its rulemaking 
efforts, the public is requested to provide general comments on 
existing regulations and programs where improvements might be made 
through their modification or elimination. DOE's existing regulations 
are listed in the table below.
    This effort is in response to Executive Order 12866, ``Regulatory 
Planning and Review,'' published on October 4, 1993 (58 FR 51735). The 
Executive Order requires that existing significant regulations be 
reviewed to: Make them more effective in achieving regulatory 
objectives, reduce regulatory burden, or align them more closely with 
the President's priorities or principles of the Executive Order.
    It is the Department's intention at a later time to seek specific 
public recommendations for regulatory modifications or rescissions 
within these subject matter areas. Any modifications or rescissions to 
existing significant regulations that may be undertaken will be 
implemented through appropriate administrative actions, including 
issuance of notices of proposed rulemaking.

DATES: Written comments (original and five copies) will be considered 
if received at the address provided below no later than March 30, 1994.

ADDRESSES: Written comments (original and five copies) and the envelope 
should be marked, ``Notice of Inquiry: Regulatory Planning and Review 
Initiative, Docket No. GC-NOI-94-110.'' Comments must be submitted to: 
U.S. Department of Energy, Office of General Counsel, GC-1, 1000 
Independence Avenue, SW., Washington, DC 20585.

FOR FURTHER INFORMATION CONTACT: Romulo L. Diaz, Jr., U.S. Department 
of Energy, 1000 Independence Avenue, SW., Washington, DC 20585, (202) 
586-2902.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department's new mission commits DOE to providing the 
scientific foundation, technology, policy and institutional leadership 
necessary to achieve efficiency in energy use, diversity in energy 
sources, a more productive and competitive economy, improved 
environmental quality, and a secure national defense. The DOE is 
beginning a review of its existing regulations to determine where 
improvements are warranted to better align existing regulations with 
the Department's mission and commitment to quality improvements.

II. Discussion

Public Involvement in Targeting Regulations

    The Department is seeking through this Notice to maximize public 
involvement early in this review of DOE regulations, and, in addition, 
invites the public to comment on how DOE might facilitate public 
involvement over the course of this effort. It is DOE's expectation 
that through an interactive process of notices and public comment the 
Department can best target existing regulations for improvement, taking 
into account the views expressed by the general public. By Fall 1994, 
the DOE expects to have completed its preliminary review of the 
existing regulations and will target specific regulations for 
modification or elimination.

Possible Areas for Modification or Elimination

    To facilitate public review, DOE staff has suggested several 
specific DOE regulations where public comment on the need for 
modification or elimination would be useful. These are intended only as 
examples of existing regulations that do not meet the standards 
established by Executive Order 12866. The DOE welcomes public review 
and comment on the totality of the regulations reflected in the 
attached table.1
---------------------------------------------------------------------------

    \1\ Please note that a separate Notice of Inquiry on 10 CFR part 
961, ``Standard Contract for Disposal of Spent Nuclear Fuel and/or 
High-Level Radioactive Waste,'' will be issued in March. Any 
comments on the standard contract should be filed in that docket, 
and not this one.
---------------------------------------------------------------------------

     Unfunded Mandates: Under the terms of Executive Order 
12875, agencies are barred from the promulgation of future regulatory 
mandates ``not required by statute'' on State, local, and tribal 
governments unless Federal funds are provided to pay for compliance or 
there has been adequate consultation with affected governments. The 
Executive Order also provides for review and improvement of 
administrative procedures for obtaining waivers from unfunded mandates. 
DOE is particularly interested in hearing the extent to which State, 
local, and tribal governments believe that existing DOE regulations 
contain such unfunded mandates, and their suggestions for improvement.
     The Department of Energy Acquisition Regulations (48 CFR 
Ch. 9): These regulations provide detailed and sometimes burdensome 
requirements on DOE organizational elements and direction to those 
companies and individuals who seek to provide goods or services to the 
Department. The DOE seeks to identify opportunities for simplifying and 
streamlining the contracting process.
     Regulations Implementing the Atomic Energy Act of 1954, as 
amended (10 CFR Ch. III and X): In view of the Department's current 
priorities and initiatives, are there existing regulations under the 
Atomic Energy Act, as amended, that should be considered for 
modification or elimination?
     Energy Extension Service (EES) Regulations (10 CFR part 
465): The National Energy Extension Service Act (Pub. L. 95-39) was 
repealed by section 143(a) of the Energy Policy Act of 1992 (Pub. L. 
102-486). EES programs will be closed out by September 1994.

Scope of Review

    Although the Executive Order requires that Federal agencies 
periodically review only ``existing significant regulations,'' the DOE 
views this effort as an opportunity to consider needed improvements to 
all of its existing regulations, including those that do not reach the 
``significance'' threshold.
    The DOE is also mindful of the need to identify any legislative 
mandates that require the DOE to promulgate or continue to impose 
regulations that the agency believes are unnecessary or outdated by 
reason of changed circumstances. Thus, suggestions should not be 
restricted to existing regulations that are discretionary in nature. It 
is DOE's intention to consider the need for related statutory changes 
in the development of the Department's annual legislative program.

    Issued in Washington, DC, on February 22, 1994.
Robert R. Nordhaus,
General Counsel.

                    Department of Energy Regulations                    
                             [January 1994]                             
------------------------------------------------------------------------
   Part                                Title                            
------------------------------------------------------------------------
                            Title 10--Energy                            
            Chapter II--Department of Energy (Parts 200-699)            
                           Subchapter A--Oil                            
                                                                        
------------------------------------------------------------------------
202         Production or disclosure of material or information.        
205         Administrative procedures and sanctions                     
207         Collection of information                                   
209         International voluntary agreements                          
210         General allocation and price rules                          
211         Mandatory petroleum allocation regulations                  
212         Mandatory petroleum price regulations                       
215         Collection of foreign oil supply agreement information      
216         Materials allocation and priority performance under         
             contracts or orders to maximize domestic energy supplies   
218         Standby mandatory international oil allocation              
221         Priority supply of crude oil and petroleum products to the  
             Department of Defense under the Defense Production Act     
                                                                        
------------------------------------------------------------------------
                  Appendix to Subchapter A--DOE rulings                 
                                                                        
------------------------------------------------------------------------
                           Subchapter B--Coal                           
                                                                        
------------------------------------------------------------------------
303         Administrative procedures and sanctions                     
305         Coal utilization                                            
                                                                        
------------------------------------------------------------------------
                    Subchapter D--Energy Conservation                   
                                                                        
------------------------------------------------------------------------
420         State energy conservation program                           
430         Energy conservation program for consumer products           
435         Energy conservation voluntary performance standards for new 
             buildings; mandatory for Federal buildings                 
436         Federal energy management and planning programs             
440         Weatherization assistance for low-income persons            
450         Energy measures and energy audits                           
455         Grant programs for schools and hospitals and buildings owned
             by units of local government and public care institutions  
459         Residential energy efficiency program                       
463         Annual reports from States and nonregulated utilities on    
             progress in considering the ratemaking and other regulatory
             standards under the Public Utility Regulatory Policies Act 
             of 1978                                                    
465         Energy extension service                                    
470         Appropriate technology small grants program                 
473         Automotive propulsion research and development              
474         Electric and hybrid vehicle research, development and       
             demonstration program; equivalent petroleum-based fuel     
             economy calculation                                        
475         Electric and hybrid vehicle research, development, and      
             demonstration project                                      
476         Electric and hybrid vehicle research, development, and      
             demonstration program small business planning grants       
478         Methane transportation research and development; review and 
             certification of contracts, grants, cooperative agreements,
             and projects                                               
                                                                        
------------------------------------------------------------------------
                      Subchapter E--Alternate Fuels                     
                                                                        
------------------------------------------------------------------------
500         Definitions                                                 
501         Administrative procedures and sanctions                     
503         New facilities                                              
504         Existing powerplants                                        
515         Transitional facilities                                     
                                                                        
------------------------------------------------------------------------
                       Subchapter G--Natural Gas                        
                                                                        
------------------------------------------------------------------------
580         Curtailment priorities for essential agricultural uses      
590         Administrative procedures with respect to the import and    
             export of natural gas                                      
                                                                        
------------------------------------------------------------------------
                  Subchapter H--Assistance Regulations                  
                                                                        
------------------------------------------------------------------------
600         Financial assistance rules                                  
601         New restrictions on lobbying                                
605         Special research grants program                             
                                                                        
------------------------------------------------------------------------
                     Subchapter I--Sales Regulation                     
                                                                        
------------------------------------------------------------------------
622         Contractual provisions                                      
624         Contract clauses                                            
625         Price competitive sale of Strategic Petroleum Reserve       
             petroleum                                                  
                                                                        
------------------------------------------------------------------------
           Chapter III--Department of Energy (Parts 700-999)            
                                                                        
------------------------------------------------------------------------
703         Contract appeals                                            
706         Security policies and practices relating to labor-management
             relations                                                  
707         Workplace substance abuse programs at DOE sites             
708         DOE contractor employee protection program                  
710         Criteria and procedures for determining eligibility for     
             access to classified matter or significant quantities of   
             special nuclear material                                   
715         Definition of nonrecourse project-financed                  
725         Permits for access to restricted data                       
730         Unusual volumes allocation petition procedures              
745         Protection of human subjects                                
760         Domestic uranium program                                    
761         Criteria to assess viability of domestic uranium mining and 
             milling industry                                           
762         Uranium enrichment services criteria                        
763         Uranium enrichment late payment charges                     
766         Uranium Enrichment Decontamination and Decommissioning Fund;
             Procedures                                                 
780         Patent Compensation Board regulations                       
781         DOE patent licensing regulations                            
782         Claims for patent and copyright infringement                
783         Waiver of patent rights                                     
790         The geothermal loan guaranty program                        
791         Electric and hybrid vehicle research, development,          
             demonstration, and production loan guaranties              
792         Loans for reservoir confirmation projects                   
794         Loans for development of wind energy systems and small      
             hydroelectric power projects                               
796         Federal loan guarantees for alternative fuel demonstration  
             facilities                                                 
797         Loans for small hydroelectric power project feasibility     
             studies and related licensing                              
798         Urban wastes demonstration facilities guarantee program     
799         Loan guarantees for alcohol fuels, biomass energy and       
             municipal waste projects                                   
800         Loans for bid or proposal preparation by minority business  
             enterprises seeking DOE contracts and assistance           
810         Assistance to foreign atomic energy activities              
820         Procedural Rules for DOE nuclear activities                 
835         Occupational Radiation Protection                           
840         Extraordinary nuclear occurrences                           
860         Trespassing on Administration property                      
861         Control of traffic at Nevada test site                      
862         Restrictions on aircraft landing and air delivery at        
             Department of Energy nuclear sites                         
871         Air transportation of plutonium                             
903         Power and transmission rates                                
904         General regulations for the charges for the sale of power   
             from the Boulder Canyon Project                            
960         General guidelines for the recommendation of sites for      
             nuclear waste repositories                                 
961         Standard contract for disposal of spent nuclear fuel and/or 
             high-level radioactive waste                               
962         Byproduct material                                          
                                                                        
------------------------------------------------------------------------
           Chapter X--Department of Energy (General Provisions)         
                           (Parts 1000-1099)                            
                                                                        
------------------------------------------------------------------------
1000        Transfer of proceedings to the Secretary of Energy and the  
             Federal Energy Regulatory Commission                       
1001        Separation of regulatory and enforcement functions within   
             the Economic Regulatory Administration                     
1002        Official seal and distinguishing flag                       
1004        Freedom of information                                      
1005        Intergovernmental review of Department of Energy programs   
             and activities                                             
1008        Records maintained on individuals (Privacy Act)             
1009        General policy for pricing and charging for materials and   
             services sold by DOE                                       
1010        Conduct of employees                                        
1013        Program fraud civil remedies and procedures                 
1014        Administrative claims under Federal Tort Claims Act         
1015        Collection of claims owed the United States                 
1016        Safeguarding of restricted data                             
1017        Identification and protection of unclassified controlled    
             nuclear information                                        
1018        Referral of debts to IRS for tax refund offset              
1020        Grand Junction remedial action criteria                     
1021        Compliance with the National Environmental Policy Act       
1022        Compliance with floodplain/wetlands environmental review    
             requirements                                               
1023        Contract appeals                                            
1024        Procedures for financial assistance appeals                 
1035        Debarment and suspension (Procurement)                      
1036        Governmentwide debarment and suspension (nonprocurement) and
             governmentwide requirements for drug-free workplace        
             (grants)                                                   
1039        Uniform relocation assistance and real property acquisition 
             for Federal and federally assisted programs                
1040        Nondiscrimination in federally assisted programs            
1041        Enforcement of nondiscrimination on the basis of handicap in
             programs or activities conducted by Department of Energy   
1045        National security information                               
1046        Physical protection of security interests                   
1047        Limited arrest authority and use of force by protective     
             force officers                                             
1048        Trespassing on strategic petroleum reserve facilities and   
             other property                                             
1049        Limited arrest authority and use of force by protective     
             force officers of the Strategic Petroleum Reserve          
1050        Foreign gifts and decorations                               
1060        Payment of travel expenses of persons who are not Government
             employees                                                  
                                                                        
------------------------------------------------------------------------
           Title 18--Conservation of Power and Water Resources          
  Chapter I--Federal Energy Regulatory Commission, Department of Energy 
   (Parts 1-399) Subchapter L--Regulations for Federal Power Marketing  
                            Administrations                             
                                                                        
------------------------------------------------------------------------
300         Confirmation and approval of the rates of Federal power     
             marketing administrations                                  
301         Average system cost methodology for sales from utilities to 
             Bonneville Power Administration Northwest Power Act        
                                                                        
------------------------------------------------------------------------
                Title 48--Federal Acquisition Regulations               
             Chapter 9--Department of Energy (Parts 900-999)            
                          Subchapter A--General                         
                                                                        
------------------------------------------------------------------------
901         Federal Acquisition Regulations System                      
902         Definitions of words and terms                              
903         Improper business practices and personal conflicts of       
             interest                                                   
904         Administrative matters                                      
                                                                        
------------------------------------------------------------------------
                   Subchapter B--Acquisition Planning                   
                                                                        
------------------------------------------------------------------------
905         Publicizing contract actions                                
906         Competition requirements                                    
907         Acquisition planning                                        
908         Required sources of supplies and services                   
909         Contracting qualifications                                  
910         Specifications, standards, and other purchase descriptions  
912         Contract delivery or performance                            
                                                                        
------------------------------------------------------------------------
          Subchapter C--Contracting Methods and Contract Types          
                                                                        
------------------------------------------------------------------------
913         Small purchase and other simplified purchase procedures     
914         Sealed bidding                                              
915         Contracting by negotiation                                  
916         Types of contracts                                          
917         Special contracting methods                                 
                                                                        
------------------------------------------------------------------------
                  Subchapter D--Socioeconomic Programs                  
                                                                        
------------------------------------------------------------------------
919         Small business and small disadvantaged business concerns    
920         Labor surplus area concerns                                 
922         Application of labor laws to Government acquisition         
923         Environment, conservation, and occupational safety          
924         Protection of privacy and freedom of information            
925         Foreign acquisition                                         
                                                                        
------------------------------------------------------------------------
             Subchapter E--General Contracting Requirements             
                                                                        
------------------------------------------------------------------------
927         Patents, data, and copyrights                               
928         Bonds and insurance                                         
931         Contract cost principles and procedures                     
932         Contract financing                                          
933         Protests, disputes, and appeals                             
                                                                        
------------------------------------------------------------------------
             Subchapter F--Special Categories of Contracting            
                                                                        
------------------------------------------------------------------------
935         Research and development contracting                        
936         Construction and architect--engineer contracts              
937         Service contracting                                         
                                                                        
------------------------------------------------------------------------
                   Subchapter G--Contract Management                    
                                                                        
------------------------------------------------------------------------
942         Contract administration                                     
943         Contract modifications                                      
944         Subcontracting policies and procedures                      
945         Government property                                         
947         Transportation                                              
949         Termination of contracts                                    
950         Extraordinary contractual actions                           
951         Use of Government sources by contractors                    
                                                                        
------------------------------------------------------------------------
                    Subchapter H--Clauses and Forms                     
                                                                        
------------------------------------------------------------------------
952         Solicitation provisions and contract clauses                
                                                                        
------------------------------------------------------------------------
             Subchapter I--Agency Supplementary Regulations             
                                                                        
------------------------------------------------------------------------
970         DOE management and operating contracts                      
971         Review and approval of contract actions                     
------------------------------------------------------------------------

[FR Doc. 94-4633 Filed 2-28-94; 8:45 am]
BILLING CODE 6450-01-P