[Federal Register Volume 60, Number 130 (Friday, July 7, 1995)]
[Rules and Regulations]
[Pages 35321-35322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16725]



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 Rules and Regulations
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  Federal Register / Vol. 60, No. 130 / Friday, July 7, 1995 / Rules 
and Regulations  


[[Page 35321]]


DEPARTMENT OF ENERGY

Office of Fossil Energy

10 CFR Part 515


Transitional Facilities

AGENCY: Office of Fossil Energy, Department of Energy.

ACTION: Final rule.

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SUMMARY: As part of an on-going effort to review and streamline its 
regulations, the Department of Energy has determined that its 
regulations governing the classification of transitional facilities 
under the Powerplant and Industrial Fuel Use Act of 1978, as amended, 
are outdated and serve no useful purpose. Consequently, these obsolete, 
unnecessary regulations are removed from the Department's regulations 
in title 10 of the Code of Federal Regulations.

EFFECTIVE DATE: July 7, 1995.

FOR FURTHER INFORMATION CONTACT: Ellen Russell, Office of Fossil 
Energy, (202) 586-9624.

SUPPLEMENTARY INFORMATION:

I. Background

    Today's action is one step in a Department of Energy effort to 
review and streamline its regulations. The streamlining effort, 
described in previously published notices of March 1 and November 14, 
1994 (59 FR 9682; 59 FR 56421), was begun in response to Executive 
Order 12866, ``Regulatory Planning and Review,'' published October 4, 
1993 (58 FR 51735). The importance of the Department's initiative was 
underscored on March 4, 1995, when the President issued a memorandum to 
the heads of all departments and agencies, calling for increased 
regulatory review and reinvention efforts under Executive Order 12866. 
One of the specific activities the President directed departments and 
agencies to undertake is the systematic review of agency regulations to 
determine which regulations have become outdated or are otherwise in 
need of modification.
    In the November 14, 1994, notice of inquiry, the Department of 
Energy identified 13 regulations or regulatory areas that it had 
targeted for modification or elimination, and the notice invited public 
comment on the desirability of modifying or eliminating the targeted 
regulations. First on the list of 13 regulations or regulatory areas 
was elimination of 10 CFR part 515. Those regulations were promulgated 
in 1979 to implement provisions of the Powerplant and Industrial Fuel 
Use Act of 1978, Pub. L. 95-620 (42 U.S.C. 8301 et seq.). The 
Department's notice of inquiry elicited no comments on elimination of 
10 CFR part 515.

II. Discussion

    The Powerplant and Industrial Fuel Use Act of 1978, Pub. L. 65-920 
(FUA) was enacted as a means of restraining the use of domestic 
petroleum and natural gas resources and reducing the Nation's 
dependence on foreign energy supplies by increasing consumption of 
coal. Under FUA an electric powerplant or major fuel burning 
installation (MFBI) was classified as either ``new'' and subject to the 
prohibitions of Title II, or ``existing'' and subject to the 
prohibitions of Title III. ``New'' electric powerplants or MFBIs were 
prohibited by FUA from using natural gas or petroleum as a primary 
energy source unless granted an exemption from the prohibitions. 
``Existing'' units were subject to less stringent prohibitions.
    The transitional facility regulations at 10 CFR part 515 applied to 
the limited number of entities that had generating units not yet 
operational on April 20, 1977, (the date FUA was initiated) but for 
which construction or acquisition had begun prior to November 9, 1978, 
(the date of enactment of FUA). The purpose of these transitional 
facility regulations was to reduce the likelihood of adversely 
affecting a facility not operational on April 20, 1977, but for which 
the construction or acquisition could not be cancelled, rescheduled or 
modified without causing substantial financial penalty or significant 
operational detriment.
    The classification period for transitional facilities has 
concluded. During the classification period applications were received 
from 112 powerplants and 127 MFBI facilities; 83% of these facilities 
were classified ``existing.'' There are no additional facilities that 
could file applications for existing facility status under 10 CFR part 
515.
    The Department has determined that 10 CFR part 515 serves no useful 
purpose and, therefore, this final rule repeals and removes those 
regulations from the Code of Federal Regulations.

III. Procedural Requirements

A. The Need for Public Comment

    Removal of 10 CFR part 515 will have no effect on any transitional 
facility or any other facility within the Department's jurisdiction 
under FUA. All transitional facilities that were covered by the 
classification regulations in part 515 have been classified as either 
``new'' or ``existing.'' Under the circumstances, inviting further 
public comment on this rulemaking action is ``unnecessary'' and 
``contrary to the public interest,'' as those terms are used in 5 
U.S.C. 553(a)(3)(B). In addition, no comments were received from the 
public regarding removal of 10 CFR part 515 when announced during 
earlier proceedings. Therefore, the Department has determined that good 
cause exists for not issuing a notice of proposed rulemaking with an 
invitation for public comment and for making this rule effective upon 
publication in the Federal Register.

B. Review Under Executive Order 12866 and the Paperwork Reduction Act

    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). In addition, this 
rule does not contain information collection requirements that require 
approval under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.) 
Accordingly, today's action was not subject to review by the Office of 
Information and Regulatory Affairs with the Office of Management and 
Budget.

C. Review Under the National Environmental Policy Act

    The Department has determined that this rulemaking is not a major 
Federal action significantly affecting the quality of the human 
environment within the meaning of the National Environmental 

[[Page 35322]]
Policy Act of 1969 (42 U.S.C. 4321 et seq.) and, therefore, neither an 
environmental assessment nor an environmental impact statement is 
needed. Pursuant to Department of Energy regulations established for 
its compliance with the National Environmental Policy Act, the 
Department has determined that today's regulatory action is a ruling 
with respect to the rescission of an existing regulation of the type 
that is categorically excluded from further review under paragraph A4 
of appendix A, subpart D, 10 CFR part 1021.

List of Subjects in 10 CFR Part 515

    Administrative practice and procedure, Business and industry, 
Electric power plants, Energy conservation, Natural gas, Petroleum, and 
Reporting and recordkeeping requirements.

    Issued in Washington, D.C., on June 30, 1995.
Patricia Fry Godley,
Assistant Secretary for Fossil Energy.

    For the reasons set forth in the preamble, under the authority of 
42 U.S.C. 7101, chapter II, subchapter E, title 10 of the Code of 
Federal Regulations is amended by removing part 515.

[FR Doc. 95-16725 Filed 7-6-95; 8:45 am]
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