[Federal Register Volume 66, Number 127 (Monday, July 2, 2001)]
[Rules and Regulations]
[Pages 34783-34784]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-16553]



 ========================================================================
 Rules and Regulations
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
 to and codified in the Code of Federal Regulations, which is published 
 under 50 titles pursuant to 44 U.S.C. 1510.
 
 The Code of Federal Regulations is sold by the Superintendent of Documents. 
 Prices of new books are listed in the first FEDERAL REGISTER issue of each 
 week.
 
 ========================================================================
 

  Federal Register / Vol. 66, No. 127 / Monday, July 2, 2001 / Rules 
and Regulations  

[[Page 34783]]



DEPARTMENT OF ENERGY

10 CFR Part 600

RIN 1991-AB58


Assistance Regulations; Administrative Amendment

AGENCY: Department of Energy.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Department of Energy (DOE) is amending the Department of 
Energy Assistance Regulations to make a change in the approval 
authority for a determination that a noncompetitive award is in the 
public interest.

EFFECTIVE DATE: This final rule is effective August 1, 2001.

FOR FURTHER INFORMATION CONTACT: Trudy Wood, Office of Procurement and 
Assistance Policy (MA-51), U.S. Department of Energy, 1000 Independence 
Ave., SW., Washington, DC 20585; telephone: 202-586-5625.

SUPPLEMENTARY INFORMATION:

I. Explanation of Change
II. Procedural Requirements
    A. Review Under Executive Order 12866
    B. Review Under the Regulatory Flexibility Act
    C. Review Under the Paperwork Reduction Act
    D. Review Under the National Environmental Policy Act
    E. Review Under Executive Order 13132
    F. Review Under Executive Order 12988
    G. Review Under the Unfunded Mandates Reform Act
    H. Review Under the Treasury and General Government 
Appropriations Act, 1999

I. Explanation of Change

    On October 20, 1999, the DOE published several administrative and 
technical amendments to the Department of Energy Assistance Regulations 
(64 FR 56418), including an amendment to 10 CFR Sec. 600.6 
(``Eligibility'') that required the approval of the Secretary of Energy 
for any determination that a noncompetitive award is in the public 
interest. DOE has since concluded that the requirement for Secretarial 
approval on such determinations is more appropriately addressed in 
internal agency management documents, which permit greater flexibility 
in particular situations. Today's rule eliminates the requirement for 
Secretarial approval from 10 CFR 600.6. DOE has also updated the list 
of authorities at the end of the table of contents for 10 CFR 600 by 
adding the provisions that authorize the National Nuclear Security 
Administration within DOE.

II. Procedural Requirements

A. Review Under 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, this action was not subject to review under that Executive 
Order by the Office of Information and Regulatory Affairs of the Office 
of Management and Budget (OMB).

B. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires 
preparation of an initial regulatory flexibility analysis for any rule 
that by law must be proposed for public comment, unless the agency 
certifies that the rule, if promulgated, will not have a significant 
economic impact on a substantial number of small entities. Because DOE 
is not required by the Administrative Procedure Act (5 U.S.C. 553) or 
any other law to propose financial assistance rules for public comment, 
DOE did not prepare a regulatory flexibility analysis for this rule.

C. Review Under the Paperwork Reduction Act

    No new collection of information is imposed by this final rule. 
Accordingly, no clearance by the Office of Management and Budget is 
required under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

D. Review Under the National Environmental Policy Act

    DOE has concluded that promulgation of this rule falls into a class 
of actions that would not individually or cumulatively have a 
significant impact on the human environment, as determined by DOE's 
regulations implementing the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.). Specifically, this rule deals only with 
agency procedures, and, therefore, is covered under the Categorical 
Exclusion in paragraph A6 to subpart D, 10 CFR part 1021. Accordingly, 
neither an environmental assessment nor an environmental impact 
statement is required.

E. Review Under Executive Order 13132

    Executive Order 13132 (64 FR 43255, August 4, 1999) imposes certain 
requirements on agencies formulating and implementing policies or 
regulations that preempt State law or that have federalism 
implications. Agencies are required to examine the constitutional and 
statutory authority supporting any action that would limit the 
policymaking discretion of the States and carefully assess the 
necessity for such actions. DOE has examined today's rule and has 
determined that it does not preempt State law and does not have a 
substantial direct effect on the States, on the relationship between 
the Federal government and the States, or on the distribution of power 
and responsibilities among the various levels of government. No further 
action is required by Executive Order 13132.

F. 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 
Federal 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

[[Page 34784]]

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, this final rule meets the relevant standards of 
Executive Order 12988.

G. Review Under the Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. No. 
104-4) requires each Federal agency to prepare a written assessment of 
the effects of any Federal mandate in a proposed or final rule that may 
result in the expenditure by State, local, and tribal governments, in 
the aggregate, or by the private sector, of $100 million in any one 
year. The Act also requires a Federal agency to develop an effective 
process to permit timely input by elected officers of State, local, and 
tribal governments on a proposed ``significant intergovernmental 
mandate,'' and it requires an agency to develop a plan for giving 
notice and opportunity for timely input to potentially affected small 
governments before establishing any requirement that might 
significantly or uniquely affect small governments. The rule published 
today does not contain any Federal mandate, so these requirements do 
not apply.

H. Review Under the Treasury and General Government Appropriations Act, 
1999

    Section 654 of the Treasury and General Government Appropriations 
Act, 1999 (Pub. L. 105-277), requires Federal agencies to issue a 
Family Policymaking Assessment for any proposed rule or policy that may 
affect family well-being. This rulemaking is not subject to a 
requirement to propose for public comment, and section 654 therefore 
does not apply.

List of Subjects in 10 CFR Part 600

    Administrative practice and procedure.

    Issued in Washington, on June 20, 2001.
Spencer Abraham,
Secretary of Energy.


    For the reasons set out in the preamble, part 600 of Chapter II, 
Title 10 of the Code of Federal Regulations, is amended as follows:

PART 600--FINANCIAL ASSISTANCE RULES

    1. The authority citation for part 600 is revised to read as 
follows:

    Authority: 42 U.S.C. 7101 et seq; 31 U.S.C. 6301-6308; 50 U.S.C. 
2401 et seq., unless otherwise noted.

    2. Section 600.6 is amended by revising paragraph (c)(8) to read as 
follows:


Sec. 600.6  Eligibility.

* * * * *
    (c) * * *
    (8) The responsible program Assistant Secretary, Deputy 
Administrator, or other official of equivalent authority determines 
that a noncompetitive award is in the public interest. This authority 
may not be delegated.
* * * * *
[FR Doc. 01-16553 Filed 6-29-01; 8:45 am]
BILLING CODE 6450-01-P