[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]
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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.
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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
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\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.
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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]
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Part Title
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Title 10--Energy
Chapter II--Department of Energy (Parts 200-699)
Subchapter A--Oil
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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
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Appendix to Subchapter A--DOE rulings
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Subchapter B--Coal
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303 Administrative procedures and sanctions
305 Coal utilization
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Subchapter D--Energy Conservation
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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
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Subchapter E--Alternate Fuels
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500 Definitions
501 Administrative procedures and sanctions
503 New facilities
504 Existing powerplants
515 Transitional facilities
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Subchapter G--Natural Gas
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580 Curtailment priorities for essential agricultural uses
590 Administrative procedures with respect to the import and
export of natural gas
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Subchapter H--Assistance Regulations
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600 Financial assistance rules
601 New restrictions on lobbying
605 Special research grants program
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Subchapter I--Sales Regulation
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622 Contractual provisions
624 Contract clauses
625 Price competitive sale of Strategic Petroleum Reserve
petroleum
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Chapter III--Department of Energy (Parts 700-999)
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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
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Chapter X--Department of Energy (General Provisions)
(Parts 1000-1099)
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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
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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
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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
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Title 48--Federal Acquisition Regulations
Chapter 9--Department of Energy (Parts 900-999)
Subchapter A--General
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901 Federal Acquisition Regulations System
902 Definitions of words and terms
903 Improper business practices and personal conflicts of
interest
904 Administrative matters
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Subchapter B--Acquisition Planning
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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
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Subchapter C--Contracting Methods and Contract Types
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913 Small purchase and other simplified purchase procedures
914 Sealed bidding
915 Contracting by negotiation
916 Types of contracts
917 Special contracting methods
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Subchapter D--Socioeconomic Programs
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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
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Subchapter E--General Contracting Requirements
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927 Patents, data, and copyrights
928 Bonds and insurance
931 Contract cost principles and procedures
932 Contract financing
933 Protests, disputes, and appeals
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Subchapter F--Special Categories of Contracting
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935 Research and development contracting
936 Construction and architect--engineer contracts
937 Service contracting
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Subchapter G--Contract Management
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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
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Subchapter H--Clauses and Forms
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952 Solicitation provisions and contract clauses
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Subchapter I--Agency Supplementary Regulations
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970 DOE management and operating contracts
971 Review and approval of contract actions
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[FR Doc. 94-4633 Filed 2-28-94; 8:45 am]
BILLING CODE 6450-01-P