[Federal Register Volume 60, Number 233 (Tuesday, December 5, 1995)]
[Rules and Regulations]
[Pages 62316-62317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29575]




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Part III





Department of Energy





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10 CFR Parts 475, 476, and 478



Removal of Obsolete Regulations; Final Rule and Proposed Rule

  Federal Register / Vol. 60, No. 233 / Tuesday, December 5, 1995 / 
Rules and Regulations   

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DEPARTMENT OF ENERGY

10 CFR Parts 475, 476, and 478


Removal of Obsolete Regulations

AGENCY: Department of Energy.

ACTION: Direct final rule.

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SUMMARY: The Department of Energy is amending the Code of Federal 
Regulations (CFR) to remove obsolete regulations relating to defunct 
programs of financial assistance for electric and hybrid vehicle 
research and methane transportation research. This action is being 
taken in furtherance of the President's Regulatory Reinvention 
Initiative to eliminate obsolete regulations and streamline existing 
rules.

EFFECTIVE DATE: This action is effective on January 16, 1996, unless 
significant adverse or critical comments are received by January 4, 
1996. The Department will publish a timely notice in the Federal 
Register if comments are received that require the effective date to be 
suspended or delayed for any of the CFR parts included in this direct 
final rule.

FOR FURTHER INFORMATION CONTACT: Mr. Romulo L. Diaz, Jr., Director, 
Rulemaking Support, Office of the General Counsel, (GC-75), U.S. 
Department of Energy, 1000 Independence Avenue, S.W., Washington, DC 
20585, (202) 586-2902.

SUPPLEMENTARY INFORMATION: In furtherance of 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 review, the Department is removing from Title 10 of the CFR 
regulations for which statutory authority has expired or has been 
superseded by subsequent legislation, as well as regulations governing 
nonfunctioning and unfunded programs. Elimination of these regulations 
will not interfere with the Department's ongoing activities in the area 
of alternative fueled vehicles. On September 22, 1995, the Department 
published a final rule that eliminated numerous obsolete regulations 
from Title 10 of the CFR. 60 FR 49195. As a result of this and prior 
actions, the Department has reduced its pages in the CFR by 514 pages, 
or 71 percent of its goal of 726 pages.
    Today's action will remove the following obsolete regulations:

10 CFR Part 475--Electric and Hybrid Vehicle Research, Development and 
Demonstration Program

    The Electric and Hybrid Vehicle Research, Development and 
Demonstration Act of 1976, 15 U.S.C. 2501 et seq., authorized the 
Department to support research, development and demonstration of 
electric and hybrid vehicle technologies. Part 475 contains performance 
standards for electric vehicles which DOE developed for purposes of the 
demonstration program. The demonstration period extended, by law, 
through fiscal year 1986. 15 U.S.C. 2506(c)(3). Because the 
demonstration program has ended, these regulations are obsolete.

10 CFR Part 476--Electric and Hybrid Vehicle Research, Development and 
Demonstration Program Small Business Planning Grants

    Section 9 of the Electric and Hybrid Vehicle Research, Development 
and Demonstration Act of 1976, 15 U.S.C. 2508(c)(2), authorized the 
Department to make grants to qualified small businesses that needed 
assistance in developing and submitting proposals for contracts. Part 
476 contains regulations implementing the Act's provision for these 
small business planning grants. Congress has not appropriated funds for 
this program for the past 15 years. DOE does not expect the program to 
be revived.

10 CFR Part 478--Methane Transportation Research and Development; 
Review and Certification of Contracts, Grants, Cooperative Agreements 
and Projects

    Part 478 provides procedures for grants, contracts, or cooperative 
agreements to support research and development for methane-fueled 
vehicles. The regulations implement section 4(d) of the Methane 
Transportation Research, Development, and Demonstration Act. 15 U.S.C. 
3801 et seq. The Department has not requested, and Congress has not 
provided, funds for this program for many years. The Department has no 
plans to seek revival of this program, and it considers these 
regulations to be obsolete.

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

    Given that the programs for which these regulations were 
promulgated are now inactive, 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 governing programs that are funded. This 
rulemaking will not change the environmental effect of the programs 
governed by the regulations being eliminated because the programs have 
been inactive for many years and 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.).

Direct Final Rulemaking

    The Code of Federal Regulation parts being removed by this rule are 
regulations that involve programs for which there has not been an 
appropriation since the mid-1980's. It is unlikely that the President 
will request, or that Congress will again provide, an appropriation for 
these programs. In the absence of funding, retention of these 
regulations does not serve any useful purpose. Their removal will have 
no direct effect on any person and, therefore, this action is expected 
to be uncontroversial. 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. 

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    Nevertheless, in a separate document in this Federal Register 
publication, the Department is publishing a notice of proposed 
rulemaking to remove these regulations. If the Department receives 
significant adverse or critical comments, it will withdraw this action 
before the effective date by publishing a subsequent notice of 
withdrawal in the Federal Register. If significant adverse comments 
clearly apply only to removal of certain of the affected CFR parts, the 
Department will withdraw this action only for the parts that are the 
subject of adverse or critical comments. This action would become 
effective for the part or parts that were not the subject of such 
comments.
    Any public comments received on the separate notice of proposed 
rulemaking, which incorporates the substance of this action, will be 
addressed in a subsequent final rule. The Department will not institute 
a second comment period on this action. If no significant adverse or 
critical comments are received, this action will be effective January 
16, 1996.

List of Subjects

10 CFR Part 475

    Electric Power, Energy conservation, Motor vehicles, Research.

10 CFR Part 476

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

10 CFR Part 478

    Energy conservation, Government contracts, Methane, Motor vehicles, 
Natural gas, Research.

    Issued in Washington, DC on November 29, 1995.
Robert R. Nordhaus,
General Counsel.

PARTS 475, 476, 478--[REMOVED]

    For the reasons set forth in the preamble, under the authority of 
42 U.S.C 7101, Title 10 of the Code of Federal Regulations is amended 
by removing parts 475, 476, and 478.

[FR Doc. 95-29575 Filed 12-4-95; 8:45 am]
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