[Federal Register Volume 61, Number 130 (Friday, July 5, 1996)] [Rules and Regulations] [Pages 35114-35115] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-17116] ----------------------------------------------------------------------- DEPARTMENT OF ENERGY 10 CFR Parts 205 and 463 Administrative Procedures and Sanctions; Annual Reports From States and Nonregulated Utilities on Progress in Considering the Ratemaking and Other Regulatory Standards Under the Public Utility Regulatory Policies Act of 1978; Removal of Unnecessary or Obsolete Regulations AGENCY: Department of Energy. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Department of Energy is amending the Code of Federal Regulations (CFR) 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: Mr. Romulo L. Diaz, Jr., Director, Rulemaking Support, Office of the General Counsel, (GC-75), U.S. 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 (Department or DOE) 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the Department is removing from Title 10 of the CFR those regulations for which statutory authority has expired or been superseded by subsequent legislation, those regulations that are no longer necessary to the agency's mission, as well as regulations governing unfunded and nonfunctioning programs. DOE removed 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 L Rulemaking 10 CFR Part 205--Subpart P Investigations, Violations, Sanctions, and Judicial Actions Part 205 establishes the procedures to be utilized and identifies the sanctions that are available in proceedings before the Department of Energy, in accordance with parts 209 through 214 concerning the pricing and allocation of crude oil. 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. Subpart L establishes the procedures that govern a rulemaking proceeding. Subpart P establishes procedures relating to investigations, violations, sanctions, and judicial actions. The Department has determined that subpart L and subpart P of part 205, which set forth procedures and sanctions that apply to crude oil regulation, are no longer necessary. 10 CFR Part 463--Annual Reports From States and Nonregulated Utilities on Progress in Considering the Ratemaking and Other Regulatory Standards Under the Public Utility Regulatory Policies Act of 1978 Part 463 was promulgated to implement sections 116 and 309 of the Public Utility Regulatory Policies Act of 1978 (``Act''), 16 U.S.C. 2626 and 15 U.S.C. 3209. Sections 116 and 309 required each State regulatory authority and nonregulated gas utility to submit annually a report to the Secretary of Energy on actions taken with respect to standards in the Act. The Act required these reports for a 10-year period, which expired at the end of 1989 (see 10 CFR Sec. 463.3(a)). Because the authority for the reporting requirement has expired, this part is now obsolete. 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 [[Page 35115]] 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. 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 rules prior to their effective dates. 5 U.S.C. 801. The Department is reporting today's rulemaking to Congress in accordance with 5 U.S.C. 801(a)(1)(A). The Office of Management and Budget has determined that this is not a major rule as defined in 5 U.S.C. 804(2) List of Subjects 10 CFR Part 205 Administrative practice and procedure, Petroleum allocation, Petroleum price regulations. 10 CFR Part 463 Public utilities. Issued in Washington, DC on June 28, 1996. Robert R. Nordhaus, General Counsel. For the reasons set forth in the preamble, title 10 of the Code of Federal Regulations is amended as set forth below: PART 205-ADMINISTRATIVE PROCEDURES AND SANCTIONS 1. The authority citation for part 205 continues 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. Subpart L and P--[Removed] 2. Subparts L (Secs. 205.160-205.162) and P (Secs. 205.200-205.204) of part 205 are removed. PART 463--ANNUAL REPORTS FROM STATES AND NONREGULATED UTILITIES ON PROGRESS IN CONSIDERING THE RATEMAKING AND OTHER REGULATORY STANDARDS UNDER THE PUBLIC UTILITY REGULATORY POLICIES ACT OF 1978 [REMOVED] 3. Part 463 of 10 CFR is removed. [FR Doc. 96-17116 Filed 7-3-96; 8:45 am] BILLING CODE 6450-01-P