[Federal Register Volume 84, Number 35 (Thursday, February 21, 2019)]
[Rules and Regulations]
[Pages 5347-5350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02805]


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DEPARTMENT OF ENERGY

10 CFR Part 903

RIN 1901-AB49


Administrative Updates to Personnel References

AGENCY: Office of Electricity, U.S. Department of Energy.

ACTION: Final rule.

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SUMMARY: The Department of Energy (``DOE'') publishes this final rule 
to update personnel references to correspond with the Secretary's 
delegation of authority. This final rule is needed to reflect changes 
to the Secretary's delegation of authority and does not otherwise 
substantively change the current regulations.

DATES: This rule is effective February 21, 2019.

FOR FURTHER INFORMATION CONTACT: Mr. Lawrence Mansueti, U.S. Department 
of Energy, Office of Electricity, OE-20, 1000 Independence Avenue SW, 
Washington, DC 20585-0121. Telephone: (202) 586-2588. Email: 
[email protected]; Ms. Sarah Butler, U.S. Department of 
Energy, Office of the General Counsel, GC-33, 1000 Independence Avenue 
SW, Washington, DC 20585-0121. Telephone: (202) 586-1777. Email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background and Summary of Final Rule
II. Final Rulemaking
III. Regulatory Review
    A. Review Under Executive Order 12866
    B. Review Under Executive Orders 13771 and 13777
    C. Review Under the National Environmental Policy Act of 1969
    D. Review Under the Regulatory Flexibility Act
    E. Review Under the Paperwork Reduction Act of 1995
    F. Review Under the Unfunded Mandates Reform Act of 1995
    G. Review Under the Treasury and General Government 
Appropriations Act, 1999
    H. Review Under Executive Order 13132
    I. Review Under Executive Order 12988
    J. Review Under the Treasury and General Government 
Appropriations Act, 2001
    K. Review Under Executive Order 13211
    L. Congressional Notification
IV. Approval of the Office of the Secretary

I. Background and Summary of Final Rule

    The authority to confirm, approve, and place into effect interim 
power and transmission rates for the power marketing administrations 
has been delegated by the Secretary through various DOE Orders. See DOE 
Delegation Order No. 0204-33 (43 FR 60636 (Jan. 1, 1979), as amended 
Mar. 19, 1981) and Delegation Order No. 0204-108 (Dec. 14, 1983 (48 FR 
55664), as amended 51 FR 19744 (May 30, 1986), 56 FR 41835 (Aug. 23, 
1991), and 58 FR 59716 (Nov. 10, 1993)). Most recently, the Secretary 
delegated this authority to the Under Secretary of Energy. See DOE 
Delegation Order No. 00-002.00Q (Nov. 1, 2018). The administrative 
updates to personnel references in this final rule are needed to make 
the procedures for public participation in power and transmission rate 
adjustments and extensions at 10 CFR part 903 consistent with the 
Secretary's delegations of authority and the amended language will 
allow for future changes in delegations of authority. Specifically, 
this final rule revises DOE regulations at 10 CFR part 903 by changing 
certain references to ``Deputy Secretary'' to ``the Secretary or his or 
her designee.'' This final rule also makes corresponding changes to the

[[Page 5348]]

definitions section at 10 CFR 903.2 by adding the definition of 
``Secretary'' and removing the definition of ``Deputy Secretary.''

II. Final Rulemaking

    In accordance with the Administrative Procedure Act's provisions at 
5 U.S.C. 553(b), DOE generally publishes a rule in a proposed form and 
solicits public comment on it before issuing the rule in final. 
However, 5 U.S.C. 553(b)(B) provides an exception to the public comment 
requirement if the agency finds good cause to omit advance notice and 
public participation. Good cause is shown when public comment is 
``impracticable, unnecessary, or contrary to the public interest.''
    For the aforementioned administrative updates, DOE finds that 
providing an opportunity for public comment prior to publication of 
this rule is not necessary because DOE is carrying out an 
administrative change that does not substantively alter the existing 10 
CFR part 903 regulatory framework. For the same reason, DOE is waiving 
the 30-day delay in effective date.

III. Regulatory Review

A. Review Under Executive Order 12866

    This final rule has been determined not to be a ``significant 
regulatory action'' under section 3(f) of Executive Order 12866, 
``Regulatory Planning and Review,'' 58 FR 51735 (Oct. 4, 1993). 
Accordingly, this action was not subject to review under that Executive 
Order by the Office of Information and Regulatory Affairs (OIRA) in the 
Office of Management and Budget (OMB).

B. Review Under Executive Orders 13771 and 13777

    On January 30, 2017, the President issued Executive Order 13771, 
``Reducing Regulation and Controlling Regulatory Costs.'' That Order 
stated that the policy of the executive branch is to be prudent and 
financially responsible in the expenditure of funds, from both public 
and private sources. The Order stated that it is essential to manage 
the costs associated with the governmental imposition of private 
expenditures required to comply with Federal regulations.
    Additionally, on February 24, 2017, the President issued Executive 
Order 13777, ``Enforcing the Regulatory Reform Agenda.'' The Order 
required the head of each agency to designate an agency official as its 
Regulatory Reform Officer (RRO). Each RRO oversees the implementation 
of regulatory reform initiatives and policies to ensure that agencies 
effectively carry out regulatory reforms, consistent with applicable 
law. Further, E.O. 13777 requires the establishment of a regulatory 
task force at each agency. The regulatory task force is required to 
make recommendations to the agency head regarding the repeal, 
replacement, or modification of existing regulations, consistent with 
applicable law. At a minimum, each regulatory reform task force must 
attempt to identify regulations that:
    (i) Eliminate jobs, or inhibit job creation;
    (ii) Are outdated, unnecessary, or ineffective;
    (iii) Impose costs that exceed benefits;
    (iv) Create a serious inconsistency or otherwise interfere with 
regulatory reform initiatives and policies;
    (v) Are inconsistent with the requirements of the Information 
Quality Act, or the guidance issued pursuant to that Act, particularly 
those regulations that rely in whole or in part on data, information, 
or methods that are not publicly available or that are insufficiently 
transparent to meet the standard for reproducibility; or
    (vi) Derive from or implement Executive Orders or other 
Presidential directives that have been subsequently rescinded or 
substantially modified.
    DOE concludes that this final rule is consistent with the 
directives set forth in these executive orders. This final rule does 
not substantively change the existing regulations and is intended only 
to make personnel references in the regulations at 10 CFR part 903 
consistent with the Secretary's delegation of authority.

C. Review Under the National Environmental Policy Act of 1969

    DOE has determined that this final rule is covered under the 
Categorical Exclusion found in DOE's National Environmental Policy Act 
regulations at paragraph A.5 of appendix A to subpart D, 10 CFR part 
1021, which applies to a rulemaking that amends an existing rule or 
regulation and that does not change the environmental effect of the 
rule or regulation being amended. Accordingly, neither an environmental 
assessment nor an environmental impact statement is required.

D. 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. As required 
by Executive Order 13272, ``Proper Consideration of Small Entities in 
Agency Rulemaking,'' 67 FR 53461 (Aug. 16, 2002), DOE published 
procedures and policies on February 19, 2003, to ensure that the 
potential impacts of its rules on small entities are properly 
considered during the DOE rulemaking process. 68 FR 7990. DOE has made 
its procedures and policies available on the Office of the General 
Counsel's website: http://energy.gov/gc/office-general-counsel. As 
discussed above, DOE has determined that prior notice and opportunity 
for public comment is unnecessary for this final rule. In accordance 
with 5 U.S.C. 604(a), no regulatory flexibility analysis has been 
prepared for this rule.

E. Review Under the Paperwork Reduction Act of 1995

    This final rule imposes no new information collection requirements 
subject to the Paperwork Reduction Act.

F. Review Under the Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) 
requires each Federal agency to assess the effects of Federal 
regulatory actions on State, local, and Tribal governments and the 
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531). 
For a proposed regulatory action likely to result in a rule that may 
cause the expenditure by State, local, and Tribal governments, in the 
aggregate, or by the private sector of $100 million or more in any one 
year (adjusted annually for inflation), section 202 of UMRA requires a 
Federal agency to publish a written statement that estimates the 
resulting costs, benefits, and other effects on the national economy. 2 
U.S.C. 1532(a), (b). UMRA 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 requires an agency plan for giving 
notice and opportunity for timely input to potentially affected small 
governments before establishing any requirements that might 
significantly or uniquely affect small governments. On March 18, 1997, 
DOE published a statement of policy on its process for 
intergovernmental consultation under UMRA. 62 FR 12820; available at: 
https://www.energy.gov/sites/prod/files/gcprod/documents/umra_97.pdf.
    UMRA sections 202 and 205 do not apply to this action because they 
apply only to rules for which a general notice

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of proposed rulemaking is published. Nevertheless, DOE has determined 
that this final rule contains neither an intergovernmental mandate, nor 
a mandate that may result in the expenditure of $100 million or more in 
any year.

G. 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 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.

H. Review Under Executive Order 13132

    Executive Order 13132, ``Federalism,'' 64 FR 43255 (Aug. 4, 1999), 
imposes certain requirements on agencies formulating and implementing 
policies or regulations that preempt State law or that have federalism 
implications. The Executive Order requires agencies 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. The Executive Order also requires 
agencies to have an accountable process to ensure meaningful and timely 
input by State and local officials in the development of regulatory 
policies that have Federalism implications. On March 14, 2000, DOE 
published a statement of policy describing the intergovernmental 
consultation process it will follow in the development of such 
regulations. 65 FR 13735. DOE has examined this 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. No further 
action is required by Executive Order 13132.

I. 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 (Feb. 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 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 rule meets the relevant standards of Executive Order 12988.

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

    Section 515 of 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 (Feb. 22, 2002), and 
DOE's guidelines were published at 67 FR 62446 (Oct. 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.

K. Review Under Executive Order 13211

    Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355 
(May 22, 2001), requires Federal agencies to prepare and submit to OMB 
a Statement of Energy Effects for any proposed significant energy 
action. A ``significant energy action'' is defined as any action by an 
agency that promulgated or is expected to lead to promulgation of a 
final rule or regulation, and that: (1) Is a significant regulatory 
action under Executive Order 12866, or any successor order; and (2) is 
likely to have a significant adverse effect on the supply, 
distribution, or use of energy, or (3) is designated by the 
Administrator of OIRA as a significant energy action. For any proposed 
significant energy action, the agency must give a detailed statement of 
any adverse effects on energy supply, distribution, or use should the 
proposal be implemented, and of reasonable alternatives to the action 
and their expected benefits on energy supply, distribution, and use.
    This final rule is not a significant regulatory action under 
Executive Order 12866. Moreover, it would not have a significant 
adverse effect on the supply, distribution, or use of energy, nor has 
it been designated as a significant energy action by the Administrator 
of OIRA. Therefore, it is not a significant energy action, and, 
accordingly, DOE has not prepared a Statement of Energy Effects.

L. Congressional Notification

    As required by 5 U.S.C. 801, DOE will submit to Congress a report 
regarding the issuance of this final rule prior to the effective date 
set forth at the outset of this rulemaking. The report will state that 
it has been determined that the rule is not a ``major rule'' as defined 
by 5 U.S.C. 801(2).

IV. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this final 
rule.

List of Subjects in 10 CFR Part 903

    Electric power rates.

    Signed in Washington, DC, on February 12, 2019.
Bruce J. Walker,
Assistant Secretary, Office of Electricity.

    For the reasons stated in the preamble, DOE amends part 903 of 
chapter III of title 10 of the Code of Federal Regulations as set forth 
below:

PART 903--POWER AND TRANSMISSION RATES

0
1. The authority citation for part 903 continues to read as follows:

    Authority: Secs. 301(b), 302(a), and 644 of the Department of 
Energy Organization Act, Pub. L. 95-91 (42 U.S.C. 7101 et seq.); 
sec. 5 of the Flood Control Act of 1944 (16 U.S.C. 825s); the 
Reclamation Act of 1902 (43 U.S.C. 372 et seq.), as amended and 
supplemented by subsequent enactments, particularly sec. 9(c) of the 
Reclamation Project Act of 1939 (43 U.S.C. 485h(c)); and the Acts 
specifically applicable to individual projects or power systems.


Sec.  903.1   [Amended]

0
2. Section 903.1(a) is amended by:

[[Page 5350]]

0
a. Removing the words ``Deputy Secretary of the Department of Energy'' 
and adding in their place the words ``Secretary or his or her 
designee''.
0
b. Removing the words ``Deputy Secretary'' and adding in their place 
the words ``Secretary or his or her designee''.

0
3. Section 903.2 is amended by:
0
a. Removing paragraph (c).
0
b. Redesignating paragraphs (d) through (n) as paragraphs (c) through 
(m);
0
c. In newly redesignated paragraph (j), removing the words ``Deputy 
Secretary'' and adding in their place the words ``Secretary or his or 
her designee''; and
0
d. Adding a new paragraph (n).
    The addition reads as follows:


Sec.  903.2   Definitions.

* * * * *
    (n) Secretary means the Secretary of the United States Department 
of Energy.
* * * * *


Sec.  903.21   [Amended]

0
4. Section 903.21 is amended by:
0
a. In paragraphs (a) and (b), removing the words ``Deputy Secretary's'' 
and adding in their place the words ``Secretary's or his or her 
designee's''.
0
b. In paragraphs (b), (c), and (d), removing the words ``Deputy 
Secretary'' and adding in their place the words ``Secretary or his or 
her designee''.


Sec.  903.22   [Amended]

0
5. Section 903.22(b), (d), and (h) is amended by removing the words 
``Deputy Secretary'' and adding in their place the words ``Secretary or 
his or her designee''.


Sec.  903.23   [Amended]

0
6. Section 903.23(a)(3) and (b) is amended by removing the words 
``Deputy Secretary'' and adding in their place the words ``Secretary or 
his or her designee''.

[FR Doc. 2019-02805 Filed 2-20-19; 8:45 am]
BILLING CODE 6450-01-P