[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]


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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.

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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authority has expired or been superseded by subsequent legislation, 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