[Federal Register Volume 60, Number 184 (Friday, September 22, 1995)]
[Rules and Regulations]
[Pages 49195-49198]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23567]



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DEPARTMENT OF ENERGY

10 CFR Parts 210, 211, 212, 303, 305, 459, 465, 730, 761, 762, 763, 
790, 791, 792, 794, 796, 797, 798, 799, and 1020


Removal of Obsolete Regulations

AGENCY: Department of Energy.

ACTION: Final rule.

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SUMMARY: The Department of Energy is amending the Code of Federal 
Regulations (CFR) to remove obsolete regulations. This action is being 
taken in response to the President's Regulatory Reform Initiative to 
eliminate obsolete regulations and streamline existing rules. The 
Department has targeted 33 percent of all CFR pages for elimination, 
and has now completed the elimination of 21 percent of all such pages.

EFFECTIVE DATE: October 23, 1995.

FOR FURTHER INFORMATION CONTACT: Mr. Romulo L. Diaz, Jr., Director, 
Rulemaking Support, Office of the General Counsel, (GC-75), U.S. 

[[Page 49196]]
Department of Energy, 1000 Independence Avenue, SW., Washington, DC 
20585, (202) 586-2902.

SUPPLEMENTARY INFORMATION: In connection with the President's 
Regulatory Reinvention Initiative, the Department of Energy is engaged 
in a continuing and comprehensive review of its regulatory program. As 
part of that in depth review, the Department is removing from Title 10 
of the CFR those regulations for which statutory authority has expired 
or been superseded by subsequent legislation, as well as regulations 
governing nonfunctioning and unfunded programs.
    Several of the regulations being eliminated with this notice were 
included in the Department's November 14, 1994, Notice of Inquiry (59 
FR 56421) seeking public input concerning specific regulations targeted 
for modification or elimination. No comments were received concerning 
the Notice of Inquiry.
    Since the publication of the Notice of Inquiry, the Department 
expanded the number of regulations identified as obsolete and has 
included them in this notice for removal from the CFR.
    The Department has reviewed all of its regulations and has 
identified obsolete regulations for removal as follows:

10 CFR Parts 210, 211 and 212--Mandatory Petroleum Price and Allocation 
Regulations

    The Emergency Petroleum Allocation Act of 1973 (P.L. 93-159, as 
amended), authorizing the regulation of the allocation and pricing of 
crude oil and petroleum products, expired in 1981. The Department is 
eliminating the following sections from 10 CFR: 210.61, Part 211 
(including Appendix A), 212.10, 212.126-7, and Appendix A to Part 212. 
Also being removed are Department of Energy Rulings 1974-1 through 
1984-1 in Chapter II, Subchapter A which relate to the application of 
petroleum price and allocation regulations.

10 CFR Parts 303 and 305--Coal Utilization Program

    The Energy Supply and Environmental Coordination Act of 1974 
(ESECA), (P.L. 93-319), authorized the Federal Energy Administration 
(one of the Department's predecessor agencies) to require existing and 
new powerplants and major fuel burning facilities to burn coal rather 
than natural gas or petroleum products as their primary energy source. 
The regulations at 10 CFR Parts 303 and 305 establish the procedures 
and sanctions for ESECA's coal utilization program.
    The Department's authority to issue orders and operate the ESECA 
coal utilization program was superseded by passage of the Powerplant 
and Industrial Fuel Use Act of 1978, (P.L. 100-42). Elimination of 
these regulations will not affect the recipients of prior ESECA orders. 
Should any existing orders require modification or recision, other 
administrative procedures within the Department will be utilized.

10 CFR Part 459--Residential Energy Efficiency Program

    This part sets forth the procedures for awarding and administering 
financial assistance under the Residential Energy Efficiency Program. 
Authority for this program expired on June 30, 1989, (P.L. 99-412, 
Sec. 105).

10 CFR Part 465--Energy Extension Service

    Authority for the Energy Extension Service was repealed on October 
24, 1992, (P.L. 102-486, Title I, Sec. 143(a)).

10 CFR Part 730--Unusual Volumes Allocation Petition Procedure

    The Low-Level Radioactive Waste Policy Amendments Act of 1985, 
(P.L. 99-240), included provisions regulating access by waste 
generators to commercially-operated, low-level radioactive waste 
disposal facilities between January 1, 1985, and December 31, 1992, 
known as the ``interim access period.'' With the expiration of the 
interim access period, this regulation no longer serves any useful 
purpose.

10 CFR Parts 761, 762, and 763--Uranium Regulations

    For the years 1983 to 1992, the Department was required to report 
annually to the Congress and the President on the viability of the 
domestic uranium mining and milling industry, (P.L. 97-415, Sec. 23). 
Specific criteria to be assessed in these annual reports were 
established in Part 761. Although the Energy Policy Act of 1992 (EPAct) 
requires the Department to report annually on the domestic uranium 
industry, the criteria in Part 761 do not apply to the Department's 
current reporting requirement, (P.L. 102-486, Title X).
    Part 762 established the terms and condition under which the 
Department offered uranium enrichment services to its civilian 
customers. Part 763 determined how the Department would assess late 
payment charges for uranium enrichment services. The statutory 
authority for these regulations was superseded by the passage of EPAct, 
which, among other things, transferred the uranium enrichment function 
from the Department to the United States Enrichment Corporation.

10 CFR Part 790--The Geothermal Loan Guaranty Program

    Authority for this program was granted on a year-to-year basis. 
Congress last authorized the issuing of loan guarantees for the 
commercial development of geothermal resources in 1981 and is unlikely 
to reinstate the program.

10 CFR Part 791--Electric and Hybrid Vehicle Research, Development, 
Demonstration, and Product Loan Guarantees

    Authority for issuing loan guarantees to qualified borrowers for 
research, development, and production of electric and hybrid vehicles 
and components expired in September 1983, (P.L. 94-413, Sec. 10).

10 CFR Part 792--Loans for Reservoir Confirmation Projects

    Authority for issuing loan guarantees to finance the exploration 
and confirmation of geothermal reservoirs expired on September 30, 
1986, (P.L. 96-294, Sec. 614).

10 CFR Part 794--Loans for Development of Wind Energy Systems and Small 
Hydroelectric Power Projects

    Authority for issuing loans for the development of wind energy 
projects expired September 30, 1988, (P.L. 96-345). Authority for 
issuing loans for the development of small hydroelectric power projects 
expired on September 30, 1980, (P.L. 95-617).

10 CFR Part 796--Federal Loan Guarantees for Alternative Fuel 
Demonstration Facilities

    Authority for this program was granted on a year-to-year basis. The 
Congress last authorized the issuing of loan guarantees for alternative 
fuels demonstration facilities in 1982 and is unlikely to reinstate the 
program.

10 CFR Part 797--Loans for Small Hydroelectric Power Project 
Feasibility Studies and Related Licensing

    No funds for this loan guarantee program were appropriated after 
1981.

10 CFR Part 798--Urban Wastes Demonstration Facilities Loan Guarantee 
Program

    Authority for issuing loan guarantees for urban wastes 
demonstration facilities expired September 30, 1984, (P.L. 96-294). 

[[Page 49197]]


10 CFR Part 799--Loans Guarantees for Alcohol Fuels, Biomass Energy and 
Municipal Waste Projects

    Authority for issuing loan guarantees for alcohol fuels, biomass 
energy and municipal waste projects expired September 30, 1984, (P.L. 
96-294).

10 CFR Part 1020--Grand Junction Remedial Action Criteria

    The regulation sets forth criteria for remediating certain 
properties in Grand Junction, Colorado, that were contaminated with 
uranium mill tailings. P.L. 92-314 authorized the cleanup of such 
properties, upon application of the affected property owners before 
June 16, 1980. The Grand Junction remedial action program under this 
law ended in 1987.

Rulemaking Analyses

Regulatory Planning and Review

    The elimination of obsolete regulations does not constitute a 
``significant regulatory action'' as defined in section 3(f) of 
Executive Order 12866 (58 FR 51735); therefore, this rulemaking has not 
been reviewed by the Office of Information and Regulatory Affairs of 
the Office of Management and Budget.

Federalism

    The Department has analyzed this rulemaking in accordance with the 
principles and criteria contained in Executive Order 12612, and has 
determined that there are no federalism implications that would warrant 
the preparation of a Federalism Assessment.

Regulatory Flexibility Act

    The Department certifies that this rulemaking will not have a 
``significant economic impact on a substantial number of small 
entities.''

National Environmental Policy Act

    This rule amends Title 10 of the Code of Federal Regulations by 
removing regulations for which statutory authority has expired or been 
superseded by subsequent legislation, as well as regulations governing 
nonfunctioning and unfunded programs. This rulemaking will not change 
the environmental effect of the regulations being amended because they 
are already obsolete regulations which have no current environmental 
effect. The Department has therefore determined that this rule is 
covered under the Categorical Exclusion found at paragraph A.5 of 
Appendix A to Subpart D, 10 CFR Part 1021, which applies to a 
rulemaking amending an existing regulation that does not change the 
environmental effect of the regulation being amended.

Paperwork Reduction Act

    This rulemaking contains no reporting requirement that is subject 
to OMB approval under 5 CFR Part 1320, pursuant to the Paperwork 
Reduction Act of 1980 (44 U.S.C. 3501 et seq.).

Final Rulemaking

    As the foregoing discussion indicates, most of the Code of Federal 
Regulation parts being removed are based on statutory authorities that 
have expired, been executed or been superseded. The remainder of the 
regulations being removed involve loan or loan guarantee authorities 
for which there has not been an appropriation since the early 1980's. 
Although these statutory authorities have not expired technically, the 
regulations are dormant because there is no reason to expect that the 
President will request, or that Congress will again provide, an 
appropriation. In the Department's view, retention of dormant 
regulations could not serve any useful purpose. Accordingly, the 
Department has determined, pursuant to 5 U.S.C. 553, that there is good 
cause to conclude that prior notice and opportunity for public comment 
is unnecessary and contrary to the public interest.

List of Subjects

10 CFR Part 210

    Petroleum allocation, Petroleum price regulations.

10 CFR Part 211

    Oil Imports, Petroleum allocation, Reporting and recordkeeping 
requirements.

10 CFR Part 212

    Petroleum price regulations, Reporting and recordkeeping 
requirements.

10 CFR Part 303

    Administrative Practice and Procedure, Air pollution control, Coal 
Conversion program, Investigations, Penalties.

10 CFR Part 305

    Coal conversion program, electric power plants, energy 
conservation, environmental impact statements.

10 CFR Part 459

    Energy conservation, Grant programs--energy, Housing

10 CFR Part 465

    Administrative Practice and Procedure, Energy conservation, Grant 
programs, Reporting and recordkeeping requirements, Small businesses, 
Technical assistance.

10 CFR Part 730

    Hazardous waste, Nuclear Power Plants and reactors.

10 CFR Part 761

    Public lands--mineral resources, Reporting and Recordkeeping 
requirements, Uranium.

10 CFR Part 762

    Nuclear materials, Uranium.

10 CFR Part 763

    Nuclear materials, Uranium.

10 CFR Part 790

    Geothermal energy, Loan programs--energy, Research.

10 CFR Part 791

    Electric power, Energy conservation, Loan programs--energy, Motor 
vehicles, Research, Small businesses.

10 CFR Part 792

    Geothermal energy, Loan programs--energy.

10 CFR Part 794

    Electric power, Energy conservation, Loan programs--energy.

10 CFR Part 796

    Administrative practice and procedure, Coal conversion program, 
Energy conservation, Grant programs--housing and community development, 
Loan Programs--energy, Petroleum, Reporting and Recordkeeping 
requirements, Research.

10 CFR Part 797

    Electric power, Loan programs--energy, Reporting and recordkeeping 
requirements, research.

10 CFR Part 798

    Energy, Loan programs--energy, Waste treatment and disposal.

10 CFR Part 799

    Administrative practice and procedure, Alcohol and alcoholic 
beverages, Energy conservation, Loan programs--energy, Reporting and 
recordkeeping requirements, Waste treatment and disposal.

10 CFR Part 1020

    Radiation Protection, Uranium.

    Issued in Washington, DC on September 18, 1995.
Robert R. Nordhaus,
General Counsel.

    For the reasons set forth in the preamble, under the authority of 
42 

[[Page 49198]]
U.S.C. 7101, Chapter II, III, and X of title 10 of the Code of Federal 
Regulations are amended by removing parts 211, 303, 305, 459, 465, 730, 
761, 762, 763, 790, 791, 792, 794, 796, 797, 798, 799, and 1020.
    Title 10 of the Code of Federal Regulations is further amended as 
follows:

PART 210--GENERAL ALLOCATION AND PRICE RULES

    1. The authority citation for part 210 continues to read as 
follows:

    Authority: Emergency Petroleum Allocation Act of 1973, Pub. L. 
93-159, EO 11748, 38 FR 33577; Economic Stabilization Act of 1970, 
as amended, Pub L. 92-210, 85 Stat. 743; Pub L. 93-28, 87 Stat. 27; 
E.O. 11748, 38 FR 33575; Cost of Living Council Order Number 47; 39 
FR 24.

Subpart D [Removed]

    2. Subpart D, which includes Sec. 210.61, of part 210 is removed.

PART 212--MANDATORY PETROLEUM PRICE REGULATIONS

    3. The authority citation for Part 212 continues to read as 
follows:

    Authority: Emergency Petroleum Allocation Act of 1973, Pub. L. 
93-159, EO 11748, 38 FR 33577; Economic Stabilization Act of 1970, 
as amended, Pub L. 92-210, 85 Stat. 743; Pub L. 93-28, 87 Stat. 27; 
E.O. 11748, 38 FR 33575; Cost of Living Council Order Number 47; 39 
FR 24.

Subpart A, Subpart I, Appendix A to Part 212--[Removed]

    4. Subpart A, which consists of Sec. 212.10, Subpart I, which 
consists of Secs. 212.126 and 212.127, and Appendix A to Part 212 are 
removed.

Appendix A to Subchapter A--DOE Rulings [Removed]

    5. 10 CFR Chapter II, Subchapter A--Oil, is amended by removing 
Appendix A to Subchapter A--DOE Rulings.

[FR Doc. 95-23567 Filed 9-21-95; 8:45 am]
BILLING CODE 6450-01-P