[Federal Register Volume 61, Number 130 (Friday, July 5, 1996)]
[Rules and Regulations]
[Pages 35112-35114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17066]
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DEPARTMENT OF ENERGY
10 CFR Parts 205 and 1003
Administrative Procedures and Sanctions; Office of Hearings and
Appeals Procedural Regulations; Removal of Unnecessary 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 apply existing procedural rules to certain
petroleum proceedings and to remove unnecessary regulations. This
action is being taken in response to the President's Regulatory Reform
Initiative to eliminate unnecessary regulations and streamline existing
rules.
EFFECTIVE DATE: August 5, 1996.
FOR FURTHER INFORMATION CONTACT: Thomas O. Mann, Deputy Director,
Office of Hearings and Appeals, (HG-20), U.S. Department of Energy,
1000 Independence Avenue, SW., Washington, DC 20585-0107, (202) 426-
1492.
SUPPLEMENTARY INFORMATION: In connection with the President's
Regulatory Reinvention Initiative, the Department of Energy (Department
or DOE) is engaged in a continuing and
[[Page 35113]]
comprehensive review of its regulatory program. As part of that 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for which statutory authority has expired or been superseded by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, and those regulations that are no longer
necessary to the agency's mission, as well as regulations governing
unfunded and nonfunctioning programs. The DOE has already published
final rules removing obsolete regulations on September 22, 1995 (60 FR
49195) and December 5, 1995 (60 FR 62316).
The Department has identified the following regulations for
removal:
10 CFR Part 205--Subpart D Exception
10 CFR Part 205--Subpart E Exemption
10 CFR Part 205--Subpart H Appeal
10 CFR Part 205--Subpart I Stay and Temporary Exception
10 CFR Part 205--Subpart J Modification or Rescission
10 CFR Part 205--Subpart R Office of Private Grievances and Redress
Part 205 establishes the procedures to be utilized and identifies
the sanctions that are available in proceedings before the Department
of Energy concerning the pricing and allocation of crude oil under
parts 209 and 214. Parts 209 through 214 implement the provisions of
the Emergency Petroleum Allocation Act of 1973 (Pub L. 93-159, as
amended) which expired in 1981. The Department has determined that
subpart D, subpart E, subpart H, subpart I, subpart J, and subpart R of
part 205, which set forth procedures that apply to crude oil
regulation, are no longer necessary. Part 205 also provides certain
procedural protections required by section 504 of the Department of
Energy Organization Act for persons affected by oil-related regulations
issued under authority of the Federal Energy Administration Act, the
Emergency Petroleum Allocation Act of 1973, the Energy Supply and
Environmental Coordination Act of 1974, or the Energy Policy and
Conservation Act, 42 U.S.C. 7194. As described below, for the few oil-
related cases currently under appeal in the courts or the Federal
Energy Regulatory Commission, the procedural protections of 10 CFR part
1003, which are substantially the same as in part 205, will be
available in the event of a remand to the Department.
The Department is aware of the possibility that, in certain
instances, proceedings initiated under 10 CFR parts 209 through 214,
and as yet not concluded, may be remanded to the Office of Hearings and
Appeals for further proceedings. The Department has, in place,
regulations that govern the procedures for exceptions, appeals, stays,
modifications, recessions, redress and resolution of private grievances
that apply agency-wide, 10 CFR part 1003. To protect the rights of any
party to a proceeding remanded to the Office of Hearings and Appeals,
today's regulation amends part 205 to provide that a person's right to
exceptions, exemptions, appeals, stays, modifications, recessions,
redress or resolution of private grievances under the statutes set
forth in section 504 of the Department of Energy Organization Act shall
be governed by the procedural rules in 10 CFR part 1003. The Department
is revising 10 CFR 1003.1 to permit the application of the Office of
Hearings and Appeals procedural regulations to matters which relate to
the federal oil regulations that are no longer covered by part 205.
Finally, the Department is revising 10 CFR 1003.20 to apply to
exemptions and adjustments as provided for in 42 U.S.C. 7194.
Rulemaking Analyses
Regulatory Planning and Review
The elimination of unnecessary 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.
National Environmental Policy Act
This rule amends Title 10 of the Code of Federal Regulations by
removing regulations that are unnecessary. This rulemaking will not
change the environmental effect of the regulations being amended
because the regulations 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, the Code of Federal
Regulation subparts being removed are no longer necessary. The
procedural protections afforded by these subparts are available under
10 CFR part 1003. 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.
Regulatory Flexibility Act
The Regulatory Flexibility Act, 5 U.S.C. 601 et seq., directs
agencies to prepare a regulatory flexibility analysis whenever an
agency is required to publish a general notice of proposed rulemaking
for a rule. As discussed above, the Department has determined, that
prior notice and opportunity for public comment is unnecessary and
contrary to the public interest. In accordance with 5 U.S.C. 604(a), no
regulatory flexibility analysis has been prepared for today's rule.
Congressional Notification
The Small Business Regulatory Enforcement Fairness Act of 1996
requires agencies to report to Congress on the promulgation of certain
final rules prior to their effective dates. 5 U.S.C. 801. That
reporting requirement does not apply to the final rule in this notice
because it falls within a statutory exception for procedural rules that
do not substantially affect the substantive rights or obligations of
non-agency persons. 5 U.S.C. 804(3)(C).
List of Subjects
10 CFR Part 205
Administrative practice and procedure, Petroleum allocation,
Petroleum price regulations.
10 CFR Part 1003
Administrative practice and procedure.
Issued in Washington, DC, on June 28, 1996.
George B. Breznay,
Director, Office of Hearings and Appeals.
For the reasons set forth in the preamble, title 10 of the Code of
Federal Regulations is amended as set forth below:
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PART 205--ADMINISTRATIVE PROCEDURES AND SANCTIONS
1. The authority citation for part 205 is revised to read as
follows:
Authority: Emergency Petroleum Allocation Act of 1973, Pub. L.
93-159; Federal Energy Administration Act of 1974, Pub. L. 93-275
(88 Stat. 96; E.O. 11790, 39 FR 23185); 42 U.S.C. 7101 et seq.,
unless otherwise noted.
2. Section 205.1 is revised to read as follows:
Sec. 205.1 Purpose and scope.
This part establishes the procedures to be utilized and identifies
the sanctions that are available in proceedings before the Department
of Energy and State Offices, in accordance with parts 209 through 214
of this chapter. Any exception, exemption, appeal, stay, modification,
recession, redress or resolution of private grievance sought under the
authority of 42 U.S.C. 7194 shall be governed by the procedural rules
set forth in 10 CFR part 1003.
Subparts D, E, H, I, J and R [Removed]
3. Subparts D, E, H, I, J, and R of Part 205 are removed and
reserved.
PART 1003--OFFICE OF HEARINGS AND APPEALS PROCEDURAL REGULATIONS
4. The authority citation for Section 1003 continues to read as
follows:
Authority: 15 U.S.C. 761 et seq.; 42 U.S.C. 7101 et seq.
5. The last sentence of Sec. 1003.1 is revised to read as follows:
Sec. 1003.1 Purpose and scope.
* * * These rules also do not apply to matters before the DOE Board
of Contract Appeals or other procurement and financial assistance
appeals boards, which are covered by their own rules.
6. The first sentence of Sec. 1003.20(a) is revised to read as
follows:
Sec. 1003.20 Purpose and scope.
(a) This subpart establishes the procedures for applying for an
exception or exemption, as provided for in section 504 (42 U.S.C. 7194)
of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
from a rule, regulation or DOE action having the effect of a rule as
defined by 5 U.S.C. 551(4), based on an assertion of serious hardship,
gross inequity or unfair distribution of burdens, and for consideration
of such application by the OHA. * * *
* * * * *
[FR Doc. 96-17066 Filed 7-3-96; 8:45 am]
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