[Federal Register Volume 82, Number 19 (Tuesday, January 31, 2017)]
[Rules and Regulations]
[Page 8807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-01959]


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DEPARTMENT OF ENERGY

10 CFR Part 820

[Docket No. EA-RM-16-PRDNA]
RIN 1992-AA52


Procedural Rules for DOE Nuclear Activities

AGENCY: Office of Enterprise Assessments, Office of Enforcement, Office 
of Nuclear Safety Enforcement, Department of Energy.

ACTION: Final rule; stay of regulations.

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SUMMARY: This document stays DOE regulations for the assessment of 
civil penalties against certain contractors and subcontractors for 
violations of the prohibition against an employee who reports 
violations of law, mismanagement, waste, abuse or dangerous/unsafe 
workplace conditions, among other protected activities, concerning 
nuclear safety.

DATES: Effective January 31, 2017, 10 CFR 820.2 (the definition for 
``DOE Nuclear Safety Requirements''), 820.14, 820.20(a) and (b), and 
appendix A to part 820, section XIII, are stayed until March 21, 2017.

FOR FURTHER INFORMATION CONTACT: 
    Steven Simonson, U.S. Department of Energy, Office of Enterprise 
Assessments/Germantown Building, 1000 Independence Ave. SW., 
Washington, DC 20585-1290. Phone: (301) 903-2816. Email: 
[email protected].
    K.C. Michaels, U.S. Department of Energy, Office of the General 
Counsel, 1000 Independence Ave. SW., Washington, DC 20585-0121. Phone: 
(202) 586-3430. Email: [email protected].

SUPPLEMENTARY INFORMATION: On January 20, 2017, the Assistant to the 
President and Chief of Staff (``Chief of Staff'') issued a memorandum, 
published in the Federal Register on January 24, 2017 (82 FR 8346), 
outlining the President's plan for managing the Federal regulatory 
process at the outset of the new Administration. In implementation of 
one of the measures directed by that memorandum, the United States 
Department of Energy (``DOE'') hereby temporarily stays regulations in 
its final rule amending its procedural rules for DOE nuclear activities 
published in the Federal Register on December 27, 2016. See 81 FR 
94910. In the December 27 rule, DOE clarified that the Department may 
assess civil penalties against certain contractors and subcontractors 
for violations of the prohibition against retaliating against an 
employee who reports violations of law, mismanagement, waste, abuse, or 
dangerous/unsafe workplace conditions, among other protected 
activities, concerning nuclear safety (referred to as 
``whistleblowers''). Specifically, DOE clarified the definition of 
``DOE Nuclear Safety Requirements'' and clarified that the prohibition 
against whistleblower retaliation is a DOE Nuclear Safety Requirement 
to the extent that it concerns nuclear safety. Consistent with the 
memorandum, DOE is temporarily staying regulations in the final rule by 
an additional 60 days starting from January 20, 2017. The temporary 60-
day stay is necessary to give DOE officials the opportunity for further 
review and consideration of new regulations, consistent with the Chief 
of Staff's memorandum of January 20, 2017.
    To the extent that 5 U.S.C. 553 applies to this action, it is 
exempt from notice and comment because it constitutes a rule of 
procedure under 5 U.S.C. 553(b)(A). Alternatively, DOE's implementation 
of this action without opportunity for public comment, effective 
immediately upon publication in the Federal Register, is based on the 
good cause exceptions in 5 U.S.C. 553(b)(B) and 553(d)(3). Pursuant to 
5 U.S.C. 553(b)(B), DOE has determined that good cause exists to forego 
the requirement to provide prior notice and an opportunity for public 
comment thereon for this rule as such procedures would be 
impracticable, unnecessary and contrary to the public interest. DOE is 
temporarily staying this regulation pursuant to the previously-noted 
memorandum of the Chief of Staff and is exercising no discretion in 
implementing this specific provision of the memorandum.
    As a result, seeking public comment on this stay is unnecessary and 
contrary to the public interest. It is also impracticable given that 
the memorandum was issued on January 20, 2017 and the previous 
effective date of the rule at issue was January 26, 2017. For these 
same reasons, DOE finds good cause to waive the 30-day delay in 
effective date provided for in 5 U.S.C. 553(d).

    Issued in Washington, DC, on January 24, 2017.
John T. Lucas,
Acting General Counsel.
[FR Doc. 2017-01959 Filed 1-30-17; 8:45 am]
 BILLING CODE 6450-01-P