[Federal Register Volume 59, Number 240 (Thursday, December 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30746]


[[Page Unknown]]

[Federal Register: December 15, 1994]


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Part VIII





Department of Energy





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48 CFR Part 917




Acquisition Regulation; Interagency Agreements; Final Rule and Proposed 
Rule
DEPARTMENT OF ENERGY

48 CFR Part 917

RIN: 1991-AB16

 
Acquisition Regulation; Interagency Agreements

AGENCY: Department of Energy (DOE).

ACTION: Final rule.

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SUMMARY: This action removes guidance in the Department of Energy 
Acquisition Regulation regarding interagency agreements found at 48 CFR 
subpart 917.5. Elsewhere in today's Federal Register the Department 
also is withdrawing a proposal to amend subpart 917.5. The decision to 
take these actions was made as part of the Department's efforts to 
reduce and streamline its regulations pursuant to Executive Order 
12861, Elimination of One-Half of Executive Branch Internal 
Regulations, and Executive Order 12866, Regulatory Planning and Review.

EFFECTIVE DATE: This rule becomes effective on January 17, 1995.

FOR FURTHER INFORMATION CONTACT: Richard B. Langston, Office of 
Procurement and Assistance Management (HR-521.1), Department of Energy, 
1000 Independence Avenue, SW., Washington, D.C. 20585, (202) 586-8247.

SUPPLEMENTARY INFORMATION:

I. Background
II. Procedural Requirements
    A. Regulatory Review
    B. Review Under the Regulatory Flexibility Act
    C. National Environmental Policy Act

I. Background

    On July 9, 1993 (58 FR 36918), the Department of Energy (DOE) 
published a notice of proposed rulemaking in the Federal Register 
soliciting comments on proposed amendments to subpart 917.5 of the 
Department of Energy Acquisition Regulation (DEAR) regarding 
interagency agreements. As a result of our further review in light of 
Executive Order 12861, Elimination of One-Half of Executive Branch 
Internal Regulations (58 FR 48255, September 11, 1993), and Executive 
Order 12966, Regulatory Planning and Review (58 FR 51735, October 4, 
1993), we have decided to cancel the proposed rule to revise and expand 
subpart 917.5. A notice to this effect appears elsewhere in today's 
Federal Register.
    The decision that the earlier proposed expansion of subpart 917.5 
was unnecessary resulted in a reevaluation of the existing regulation 
as well. Our review finds that the existing regulation also can be 
canceled. The matters covered in subpart 917.5 as well as the proposed 
amendments thereto are sufficiently addressed in Office of Management 
and Budget Circular A-34 and in internal DOE guidance.
    DOE did not publish a notice of proposed rulemaking on removal of 
subpart 917.5, as allowed by 5 U.S.C. 553(a)(2) (for a matter relating 
to agency management) and 553(b)(A) (for rules of agency organization, 
procedure, or practice). This subpart is procedural in nature, and its 
removal does not raise any substantive issues. For this reason, DOE did 
not request public comments.

II. Procedural Requirements

A. Regulatory Review

    Today's regulatory action has been determined not to be a 
``significant regulatory action'' under Executive Order 12866, 
Regulatory Planning and Review (58 FR 51735, October 4, 1993). 
Accordingly, today's action was not subject to review under the 
Executive Order by the Office of Information and Regulatory Affairs.

B. Review Under the Regulatory Flexibility Act

    As required by the Regulatory Flexibility Act, it is hereby 
certified that this rule will not have a significant impact on small 
entities.

C. National Environmental Policy Act

    DOE has concluded that this rule falls into a class of actions 
which would not individually or cumulatively have significant impact on 
the human environment, as determined by DOE's regulations (10 CFR Part 
1021, Subpart D) implementing the National Environmental Policy Act 
(NEPA) of 1969 (42 U.S.C. 4321 et seq.). Specifically, this rule is 
categorically excluded from NEPA review because today's amendments to 
the DEAR do not change the environmental effect of the rule being 
amended (categorical exclusion A5). Therefore, this rule does not 
require an environmental impact statement or an environmental 
assessment pursuant to NEPA.

List of Subjects in 48 CFR Part 917

    Government procurement.

    Issued in Washington, DC, on December 8, 1994.
Richard H. Hopf,
Deputy Assistant Secretary for Procurement and Assistance Management.

    For the reasons set out in the preamble, Part 917 of Chapter 9 of 
Title 48 of the Code of Federal Regulations is amended as set forth 
below.

PART 917--SPECIAL CONTRACTING METHODS

    1. The authority citation for Part 917 continues to read as 
follows:

    Authority: 42 U.S.C. 7254; 40 U.S.C. 486(c).

[917.5 Removed]

    2. Subpart 917.5, Interagency Acquisition Under the Economy Act, is 
removed.

[FR Doc. 94-30746 Filed 12-14-94; 8:45 am]
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