[Federal Register Volume 63, Number 210 (Friday, October 30, 1998)]
[Rules and Regulations]
[Pages 58288-58289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29141]


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DEPARTMENT OF ENERGY

10 CFR Part 1003

RIN 1901-AA55


Amendments to Office Of Hearings and Appeals Procedural 
Regulations

AGENCY: Office of Hearings and Appeals, DOE.

ACTION: Final rule.

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SUMMARY: The Department of Energy (DOE) adopts several minor technical 
amendments to its procedural regulations governing most proceedings 
before the Office of Hearings and Appeals (OHA), a quasi-judicial 
branch of the DOE, pertaining to matters within the jurisdiction of 
that Office. These amendments adjust OHA's procedural regulations to 
reflect the physical relocation of its public reference room and a 
change of the public reference room's business hours. In addition, 
these regulatory amendments implement OHA's new policy of publishing 
certain information on its Internet World Wide Web site rather than 
publishing that information in the Federal Register.

DATES: This rule is effective November 30, 1998.

FOR FURTHER INFORMATION CONTACT: Steven L. Fine, Attorney-Examiner, or 
Robert B. Palmer, Attorney-Examiner, Office of Hearings and Appeals, 
U.S. Department of Energy 1000, Independence Avenue, SW., Washington, 
DC 20585-0107,Telephone: (202) 426-1449, Internet: 
[email protected] and [email protected].

SUPPLEMENTARY INFORMATION:

I. Discussion

    These regulatory amendments result from OHA's continuing 
reinvention efforts. In order to serve the public more efficiently, the 
OHA has consolidated all of its operations in one work space. 
Previously, OHA's operations were conducted at three locations in two 
separate buildings. This consolidation has required the relocation of 
OHA's Public Reference Room from the Forrestal Building, 1000 
Independence Ave., S.W., Washington, D.C., to 950 L'Enfant Plaza, 
Washington, D.C. In addition, OHA has determined that significant cost 
savings could be achieved by discontinuing OHA's current practice of 
publishing certain information in the Federal Register.
    Instead, OHA will publish this information on its Internet web site 
at www.oha.doe.gov. By placing this information on the Internet, OHA 
will be making it more accessible to the majority of Americans, while 
conserving economic and natural resources. These rules are merely 
technical in nature and do not effect any substantive changes in the 
existing regulations.

II. Procedural Requirements

A. Executive Order 12866

    Today's regulatory action has been determined not to be a 
``significant regulatory action'' under Executive Order 12866, 
``Regulatory Planning and Review'' (58 FR 51735, October 4, 1993). 
Accordingly, today's action was not subject to review under the 
Executive Order by the Office of Information and Regulatory Affairs.

B. Executive Order 12612

    Executive Order 12612 requires that regulations or rules be 
reviewed for direct effects on States, on the relationship between the 
national government and the States, or in the distribution of power 
among various levels of government. If there are sufficient substantial 
direct effects, then Executive Order 12612 requires preparation of a 
federalism assessment to be used in all decisions involved in 
promulgating or implementing a regulation or rule. Today's regulations 
do not affect any traditional State function. There are therefore no 
substantial direct effects requiring evaluation or assessment under 
Executive Order 12612.

C. Regulatory Flexibility Analysis

    With regard to regulations for which a general notice of proposed 
rulemaking is required by law, the Regulatory Flexibility Act (5 U.S.C. 
601 et seq.) requires preparation of a regulatory flexibility analysis 
unless the issuing agency certifies that the regulations will not have 
a significant economic impact on a substantial number of small 
entities. This action only effects minor technical changes in existing 
procedural regulations, and under the Administrative Procedure Act, 
such regulations are excepted from the

[[Page 58289]]

requirement for publication of a general notice of proposed rulemaking. 
5 U.S.C. 553(b)(A). Accordingly, this action is not subject to a 
requirement that a regulatory flexibility analysis be prepared.

D. National Environmental Policy Act

    The rules issued today are strictly technical and procedural in 
nature. Preparation of an environmental assessment or environmental 
impact statement under the National Environmental Policy Act of 1969, 
as amended (42 U.S.C. 4321 et seq.) is not required for such rules 
under Appendix A to subpart D of 10 CFR part 1021. More specifically, 
DOE has determined that this rule is covered under the Categorical 
Exclusion found in paragraph A.6 of Appendix A to subpart D of part 
1021, which applies to the establishment of procedural rulemakings. 
Accordingly, neither an environmental assessment nor an environmental 
impact statement is required.

E. Paperwork Reduction Act

    There will be no additional paperwork burden imposed by the rules 
issued today. Therefore, the goals of the Paperwork Reduction Act are 
not diminished by the rules.

F. Small Business Regulatory Enforcement Fairness Act

    This action is not subject to the Congressional notification 
requirements of 5 U.S.C. 801 because it involves purely procedural 
rules which are excepted from the definition of ``rule'' in 5 U.S.C. 
804.

G. Review Under Executive Order 12988

    With respect to the review of existing regulations and the 
promulgation of new regulations, section 3(a) of Executive Order 12988, 
``Civil Justice Reform,'' 61 FR 4729 (February 7, 1996), imposes on 
Executive agencies the general duty to adhere to the following 
requirements: (1) Eliminate drafting errors and ambiguity; (2) write 
regulations to minimize litigation; and (3) provide a clear legal 
standard for affected conduct rather than a general standard and 
promote simplification and burden reduction. Section 3(b) of Executive 
Order 12988 specifically requires that Executive agencies make every 
reasonable effort to ensure that the regulation: (1) clearly specifies 
the preemptive effect, if any; (2) clearly specifies any effect on 
existing Federal law or regulation; (3) provides a clear legal standard 
for affected conduct while promoting simplification and burden 
reduction; (4) specifies the retroactive effect, if any; (5) adequately 
defines key terms; and (6) addresses other important issues affecting 
clarity and general draftsmanship under any guidelines issued by the 
Attorney General. Section 3(c) of Executive Order 12988 requires 
Executive agencies to review regulations in light of applicable 
standards in section 3(a) and section 3(b) to determine whether they 
are met or it is unreasonable to meet one or more of them. DOE has 
completed the required review and determined that, to the extent 
permitted by law, the proposed rule meets the relevant standards of 
Executive Order 12988.

List of Subjects in 10 CFR Part 1003

    Administrative practice and procedure, Appeal procedures, Hearing 
and appeal procedures, Practice and procedure.

    Issued in Washington, DC, on October 22, 1998.
George B. Breznay,
Director, Office of Hearings and Appeals.
    For the reasons set forth in the preamble, part 1003 of title 10 of 
the Code of Federal Regulations is amended to read as follows:

PART 1003--OFFICE OF HEARINGS AND APPEALS PROCEDURAL REGULATIONS

    1. The authority citation for part 1003 continues to read as 
follows:

    Authority: 15 U.S.C. 761 et seq.; 42 U.S.C. 7101 et seq.

Subpart A--General Provisions

    2. Section 1003.4 is amended by revising paragraph (c) to read as 
follows:


Sec. 1003.4  Filing of documents.

* * * * *
    (c) Hand-delivered documents to be filed with the OHA shall be 
submitted to 950 L'Enfant Plaza, SW., Washington, DC, during normal 
business hours.
* * * * *


Sec. 1003.11  [Amended]

    3. Section 1003.11 is amended by adding immediately after ``20585'' 
the phrase ``-0107'' and by revising the Fax phone number to read 
``(202) 426-1415.''
    4. Section 1003.13 is amended by revising the introductory 
paragraph to read as follows:


Sec. 1003.13  Public reference room.

    A public reference room shall be maintained at the OHA, 950 
L'Enfant Plaza, S.W., Washington, DC. In this room, the following 
information shall be made available for public inspection and copying, 
during normal business hours:
* * * * *


Sec. 1003.14  [Amended]

    5. Section 1003.14 is amended by removing the phrase ``in the 
Federal Register'' and adding in its place the words ``on its Internet 
World Wide Web site,'' and by adding after the last sentence the words 
``The OHA's web site is located at http://www.oha.doe.gov.''

[FR Doc. 98-29141 Filed 10-29-98; 8:45 am]
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