[Federal Register Volume 68, Number 33 (Wednesday, February 19, 2003)]
[Rules and Regulations]
[Pages 7940-7941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-3992]


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DEPARTMENT OF ENERGY

41 CFR Part 109-6

RIN 1991-AB61


Official Use of Government Passenger Carriers Between Residence 
and Place of Employment

ACTION: Final rule.

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AGENCY: Office of Management, Budget and Evaluation, Department of 
Energy (DOE).
SUMMARY: The Department of Energy publishes a final rule to remove from 
the DOE Property Management Regulation (DOE-PMR) certain overly broad 
restrictions regarding the use of government passenger carriers between 
an employee's residence and place of employment, and to update 
references to the Federal Management Regulation.

EFFECTIVE DATE: This rule is effective February 19, 2003.

FOR FURTHER INFORMATION CONTACT: Stephen J. Michelsen, Director, Office 
of Resource Management, Office of Procurement and Assistance 
Management, Department of Energy, (202) 586-1368, 1000 Independence 
Avenue, SW., Washington, DC 20585.

SUPPLEMENTARY INFORMATION: The DOE-PMR at 41 CFR 109-6.4 sets forth 
rules that apply to the use of Government passenger carriers between a 
DOE employee's residence and place of employment. Section 109-6.402(b) 
restricts such use to the Secretary of Energy and persons ``engaged in 
field work,'' as determined by the Secretary. DOE today is eliminating 
this restriction from the DOE-PMR because it prevents certain uses by 
employees of Government passenger carriers between residence and place 
of employment that are authorized by statute and the implementing 
Federal Management Regulation. Other uses authorized by 31 U.S.C. 1344 
include, but are not limited to: use by an officer or employee with 
regard to which the Secretary, has determined, that highly unusual 
circumstances present a clear and present danger, that an emergency 
exists, or that other compelling operational considerations make such 
transportation essential to the conduct of official business; use by a 
single principal deputy to the Secretary if the Secretary determines 
appropriate; and use, when approved by the Secretary, by officers or 
employees when essential for the safe and efficient performance of 
intelligence, counterintelligence, protective services, or criminal law 
enforcement duties. The rule being promulgated today harmonizes the 
DOE-PMR with the relevant statutory authority and allows Government 
vehicles to be used in the manner authorized by the statute. In 
addition, this rule updates DOE-PMR, 41 CFR 109-6.4, by replacing 
obsolete references to sections of the Federal Management Regulation 
which was revised in 2000 (65 FR 54966, September 12, 2000).
    This rule is being promulgated as a final rule, without providing 
for a public comment period, or a 30 day effective date because it 
addresses a matter relating to agency management or personnel or to 
public property and therefore is not subject to the notice and comment 
requirements of the Administrative Procedures Act. See 5 U.S.C. 553(a).

Regulatory Review

A. Review Under Executive Order 12866

    This final rule 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 final 
rule is 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 Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) 
requires each Agency to assess the effects of Federal regulatory action 
on State, local, and tribal governments and the private sector. DOE has 
determined that today's regulatory action would not impose a Federal 
mandate on State, local, or tribal governments or on the private 
sector.

C. 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. With regard to the review 
required by section 3(a), 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 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.

D. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980, Public Law 96-354, requires 
preparation of a regulatory flexibility analysis for any rule which is 
subject to notice and comment rulemaking requirements. As noted above, 
this rule addresses a matter relating to agency management or personnel 
or to public property and maybe is not subject to the notice and 
comment requirements of the Administrative Procedures Act.

E. Review Under Paperwork Reduction Act

    No new information collection requirements subject to the Paperwork 
Reduction Act (44 U.S.C. 3501 et seq.) are imposed by today's 
regulatory action.

F. Review Under the National Environmental Policy Act

    This rule eliminates certain restrictions on the official use of 
government passenger carriers by DOE employees between residence and 
place of employment. Implementation of this rule will not result in 
environmental

[[Page 7941]]

impacts because minimal additional use of vehicles is anticipated. DOE 
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 rulemakings amending existing 
regulations that do not change the environmental effect of the 
regulations being amended.

G. 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 this final rule and has 
determined that it would not preempt State law and would not have a 
substantial direct effect on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government.

H. 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 rule that may affect family well-being. 
This final rule would not have any impact on the autonomy or integrity 
of the family as an institution. Accordingly, DOE has concluded that it 
is not necessary to prepare a Family Policymaking Assessment.

I. Review Under the Treasury and General Government Appropriations Act, 
2001

    The Treasury and General Government Appropriations Act, 2001 (44 
U.S.C. 3516, note) provides for agencies to review most disseminations 
of information to the public under guidelines established by each 
agency pursuant to general guidelines issued by OMB. OMB's guidelines 
were published at 67 FR 8452 (February 22, 2002), and DOE's guidelines 
were published at 67 FR 62446 (October 7, 2002). DOE has reviewed this 
final rule under the OMB and DOE guidelines, and has concluded that it 
is consistent with applicable policies in those guidelines.

J. Review Under Executive Order 13084

    Under Executive Order 13084 (Consultation and Coordination with 
Indian Tribal Governments), DOE may not issue a discretionary rule that 
significantly or uniquely affects Indian tribal governments and imposes 
substantial direct compliance costs. This final rule would not have 
such effects. Accordingly, Executive Order 13084 does not apply to this 
rulemaking.

K. Review Under Executive Order 13045

    Executive Order 13045 (Protection of Children from Environmental 
Health Risks and Safety Risks) contains special requirements that apply 
to certain rulemakings that are economically significant under 
Executive Order 12866. This final rule is not economically significant. 
Accordingly, Executive Order 13045 does not apply to this rulemaking.

List of Subjects in 41 CFR Part 109-6

    Government property management, Motor vehicles.

    Issued in Washington, DC, on Februrary 13, 2003.
Richard H. Hopf,
Director, Office of Procurement and Assistance Management, Office of 
Management, Budget and Evaluation, Department of Energy.
Robert C. Braden, Director,
Office of Procurement and Assistance Management, National Nuclear 
Security Administration.

    For the reasons set forth above, DOE amends 41 CFR Chapter 109 as 
follows:

PART 109-6--MISCELLANEOUS REGULATIONS

    1. The authority citation for part 109-6 continues to read as 
follows:

    Authority: Sec. 205(c), 63 Stat 390 (40 U.S.C. 486(c)); 31 
U.S.C. 1344(e)(1).

Subpart 109-6.4--Official Use of Government Passenger Carriers 
Between Residence and Place of Employment


Sec.  109-6.400  [Amended]

    2. In 109-6.400(a) remove the reference ``41 CFR 101-6.4,'' and add 
in its place ``41 CFR part 102-5.''


Sec.  109-6.402  [Amended]

    3. Section 109-6.402 is amended as follows:
    a. In paragraph (a), remove the second sentence.
    b. In paragraph (a), remove the reference ``41 CFR 101-6.4,'' and 
add in its place ``41 CFR part 102-5.''
    c. Paragraph (b) is removed.
    d. Paragraph (c) is redesignated as paragraph (b).
    e. In redesignated paragraph (b), the reference ``41 CFR 101-
6.402(f)'' is removed and ``41 CFR 102-5.105'' is added in its place.
    f. Paragraph (d) is redesignated as paragraph (c).

[FR Doc. 03-3992 Filed 2-18-03; 8:45 am]
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