[Federal Register Volume 59, Number 218 (Monday, November 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-27900]
[[Page Unknown]]
[Federal Register: November 14, 1994]
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DEPARTMENT OF ENERGY
Office of General Counsel
10 CFR Ch. II, III, and X; 18 CFR Ch. 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: This is the second step of an effort by the Department of
Energy (DOE or Department) to involve the public in assessing
opportunities for streamlining the Department's existing regulations.
In a notice of inquiry published on March 1, 1994 (59 FR 9682), the
Department sought public comments on general areas of its existing
regulations that should be modified or eliminated. In this document,
the Department seeks public comment on specific regulations that have
been targeted for modification or elimination based on the earlier
public comments. This streamlining effort is in response to Executive
Order 12866, ``Regulatory Planning and Review.''
This document also establishes a plan for performing similar
reviews under the Regulatory Flexibility Act.
DATES: Written comments (10 copies) will be considered if received by
the Department no later than December 29, 1994.
ADDRESSES: Written comments (10 copies) and the envelope should be
marked, ``Second Notice of Inquiry, Docket No. GC-NOI-94-110.'' Written
comments should be submitted to: U.S. Department of Energy, Office of
General Counsel, GC-1, Attn: Romulo Diaz, Jr., 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
This streamlining effort is in response to Executive Order 12866,
``Regulatory Planning and Review,'' published 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. DOE has expanded the scope of its review to include all of its
existing regulations.
It is the Department's intention to implement any modifications or
revisions to existing regulations through appropriate administrative
actions, including issuance of notices of proposed rulemaking.
The Department published on March 1, 1994, a notice of inquiry
(NOI) requesting that the public provide general comments on areas
where existing DOE regulations should be modified or eliminated. The
Department received 14 written public comments in response to that
notice. Those comments, combined with an extensive internal review,
were used as the basis for developing the list of potentially
beneficial regulatory modifications or deletions set forth below.
II. Discussion
Most of the public comments focused on the Department of Energy
Acquisition Regulations (DEAR), although a few comments related to the
Department's National Environmental Policy Act (NEPA) regulations and
DOE's Institutional Conservation Program regulations.
Streamline Procurement Activities
Many of the comments were based on recommendations formulated in
January 1994 by a group of contractor purchasing managers representing
eight of the Department's management and operating (M&O) contractors:
PNL; Associated Universities, Inc.; Bechtel; EG&G, Inc.; FERMCO;
Stanford University; Westinghouse; and the University of California.
That group produced a report entitled ``DOE Contractor Purchasing, from
Rigid Rules to Guiding Principles,'' (M&O Contractors' Report) which
was submitted to Secretary O'Leary on January 31, 1994. Although the
M&O Contractors' Report was prepared before the first NOI was issued,
its recommendations are germane to a number of DOE efforts to
streamline the DEAR.
Pursuant to Executive Order 12861 (58 FR 48255, September 14,
1993), the Department's Office of Human Resources and Administration
has an effort underway to reduce internal regulatory guidance by a
minimum of 50 percent. In fact, through a recent final rulemaking
published on May 10, 1994 (59 FR 24357), the Department eliminated
approximately ten percent of the DEAR, and is continuing its efforts to
comply with Executive Orders 12861 and 12866 through an extensive
regulatory analysis.
An internal DOE task group is currently conducting a detailed
review of the DEAR to identify additional areas for reduction. The
initial effort of the task group is to eliminate unnecessary language
from the DEAR, such as provisions that duplicate other regulations, or
purely internal administrative provisions that should be included in an
Acquisition Manual or Handbook. Later stages of the review will
consider more substantive changes.
In addition, several DOE task forces, established to implement a
report of the Contract Reform Team, entitled ``Making Contracting Work
Better and Cost Less'' (DOE/S-107), are considering recommendations
that relate to M&O contractor regulations and practices. The comments
received in response to the March 1, 1994, NOI have been forwarded to
those groups.
Those commenters addressing the DEAR reiterated their willingness
to work with DOE on reducing unnecessary regulatory burdens. We would
welcome the opportunity to work with M&O contractors and other DOE
stakeholders on this effort.
Simplify NEPA Compliance
With regard to suggestions for revisions to the Department's NEPA
regulations (10 CFR Part 1021), the Department believes that a new
Secretarial Policy addresses the substance of the public comments.
(Secretarial Policy on the National Environmental Policy Act, U. S.
Department of Energy, June 13, 1994.) Under the new policy, Secretary
O'Leary has directed a number of actions to streamline the NEPA
process, minimize the cost and time for document preparation and
review, emphasize teamwork, and make the process more useful to
decision makers and the public. The Secretary invited full Departmental
participation, including contractors, to implement these new policies.
Improve Institutional Conservation Program (ICP)
The States of New York, Vermont and Utah commented on the need to
improve the flexibility of DOE's ICP regulations (10 CFR Part 455).
Under the ICP, the Department provides matching funds for engineering
studies and implementation of identified conservation measures. The
commenters noted that Federal dollars, while not large, have provided
the necessary leverage to spur many major energy conservation
initiatives on behalf of schools and hospitals. The State of Vermont
noted the program's ``well deserved reputation . . . for regulatory
overload'' and urged that the Federal Government ``minimize [its]
involvement in the administration of ICP to give the [S]tates the
flexibility needed to operate this program in a more cost-effective
manner.'' The State of New York, among other things, noted its concerns
that the DOE regulations had not fully implemented the flexibility
inherent in the State Energy Efficiency Programs Improvement Act of
1990 (P.L. 101-440), and that delays in ICP approvals due to
environmental reviews could be reduced by blanket exceptions for the
ICP or clearer NEPA policy and procedures applicable to the ICP. Within
the framework provided by DOE's NEPA regulations and the recently
issued Secretarial Policy on NEPA, DOE has the flexibility for and has
initiated certain NEPA process improvements, such as the preparation of
a broad, programmatic NEPA assessment for the ICP to simplify and
accelerate NEPA review for individual projects. The Department would
welcome specific recommendations on how to modify existing ICP
regulations consistent with statutory requirements, as well as whether
any statutory revisions are needed.
Changes in Statutory Authorities and Mission
DOE's Golden Field Office noted that the authorizing authority for
geothermal loan guarantees and for alcohol, biomass and municipal waste
projects has expired, so that 10 CFR Parts 791 and 799 should be
eliminated. Moreover, the Golden Field Office commented that the
Department had never entered into loans or loan guarantees for
activities covered by 10 CFR Parts 792, 794, 796-798, nor have such
activities received Congressional appropriations.
The Department's Oak Ridge Operations Office suggested that 10 CFR
Parts 760-766 be reviewed for possible modification in light of the
Department's new emphasis on environmental management and shift away
from nuclear weapons activities.
Proposed Targets
Upon review of the comments received on the March 1, 1994, Federal
Register notice and the Department's internal review, the Department
has targeted the following regulations or areas for modification or
elimination:
(1) Eliminate regulations in 10 CFR Part 515 (Powerplant and
Industrial Fuel Use Act).
(2) Eliminate 10 CFR Part 791 (Electric and Hybrid Vehicle
Research, Development, Demonstration, and Production Loan Guarantees).
(3) Eliminate 10 CFR Part 799 (Loan Guarantees for Alcohol Fuels,
Biomass Energy and Municipal Waste Projects).
(4) Eliminate 10 CFR Part 792 (Loans for Reservoir Confirmation
Projects).
(5) Eliminate 10 CFR Part 794 (Loans for Development of Wind Energy
Systems and Small Hydroelectric Power Projects).
(6) Eliminate 10 CFR Part 796 (Federal Loan Guarantees for
Alternative Fuel Demonstration Facilities).
(7) Eliminate 10 CFR Part 797 (Loans for Small Hydroelectric Power
Project Feasibility Studies and Related Licensing.
(8) Eliminate 10 CFR Part 798 (Urban Wastes Demonstration
Facilities Guarantee Program).
(9) Modify 10 CFR Part 455 (Grants Programs for Schools and
Hospitals and Buildings Owned by Units of Local Government and Public
Care Institutions).
(10) Modify 10 CFR Part 760 (Domestic Uranium Program).
(11) Modify 10 CFR Part 761 (Criteria to Assess Viability of
Domestic Uranium Mining and Milling Industry).
(12) Modify 10 CFR Part 762 (Uranium Enrichment Services Criteria).
(13) Modify 10 CFR Part 763 (Uranium Enrichment Late Payment
Charges).
III. Plan Under the Regulatory Flexibility Act
The Department is incorporating a requirement for regulatory review
under the Regulatory Flexibility Act (RFA), (P.L. 96-354, 5 U.S.C. 601-
612), with the program for periodically reviewing existing regulations
under Executive Order 12866. Among its provisions, the RFA requires
each agency to publish in the Federal Register a plan for the periodic
review of the agency's existing rules which have or will have a
significant economic impact on a substantial number of small
businesses, organizations, and governmental jurisdictions affected by a
rule (5 U.S.C. 610). The purpose of the RFA review is to determine
whether such rules should be continued without change, or should be
amended or rescinded, consistent with the stated objectives of
applicable statutes, to minimize any significant economic impact of the
rules upon a substantial number of small entities. The plan must
provide for the review of all such existing rules once within ten years
of their promulgation as final rules. As part of its RFA plan, DOE is
expanding the scope of the RFA review to include review of all of DOE's
existing regulations, not just regulations with a significant economic
impact upon a substantial number of small entities. This will be
accomplished as part of the Department's periodic review of existing
regulations under Executive Order 12866.
Issued in Washington, DC on November 4, 1994.
Robert R. Nordhaus,
General Counsel.
[FR Doc. 94-27900 Filed 11-10-94; 8:45 am]
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