[Federal Register Volume 84, Number 62 (Monday, April 1, 2019)]
[Rules and Regulations]
[Pages 12047-12049]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06263]
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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.
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Federal Register / Vol. 84, No. 62 / Monday, April 1, 2019 / Rules
and Regulations
[[Page 12047]]
DEPARTMENT OF ENERGY
2 CFR Part 910
RIN 1991-AC13
Cost Sharing: Energy Policy Act of 2005
AGENCY: Office of Management, Department of Energy.
ACTION: Final rule; technical amendments.
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SUMMARY: The Department of Energy (DOE) is publishing this final rule
to amend its current regulations regarding cost share under the Energy
Policy Act of 2005 (EPACT 2005). The content of these technical
amendments correspond with the provisions enacted by Congress through
the Department of Energy Research and Innovation Act of 2018.
DATES: The effective date of this rule is April 1, 2019.
ADDRESSES: The docket, which includes Federal Register notices and
other supporting documents/materials, is available for review at http://www.regulations.gov. All documents in the docket are listed in the
http://www.regulations.gov index.
A link to the docket web page can be found at http://www.regulations.gov. The docket web page will contain simple
instructions on how to assess all documents, including public comments,
in the docket.
FOR FURTHER INFORMATION CONTACT: Mr. Richard Bonnell, U.S. Department
of Energy, Office of Management, at (202)-287-1747 or by email at
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Summary of This Action
III. Final Action
IV. Procedural Requirements
V. Approval of the Office of the Secretary
I. Background
Section 108 of the Department of Energy Research and Innovation
Act, Public Law 115-246 (Innovation Act), amended section 988 of EPACT
2005, 42 U.S.C. 16352, instituting a two-year pilot program. This pilot
program began on September 28, 2018 and will extend through September
27, 2020. It exempts a ``research or development activity performed by
an institution of higher education or nonprofit institution'' from the
requirement imposed by section 988 of EPACT 2005 that the Secretary
require not less than 20 percent non-Federal cost sharing for research
or development activities. Therefore, the two-year pilot program
provides the opportunity for DOE to exclude mandatory cost sharing
without having to execute a cost share waiver for institutions of
higher education and nonprofit institutions, as was previously required
by section 988 of EPACT 2005. Pursuant to the Innovation Act, DOE is
modifying its regulation regarding cost share by amending the text to
explicitly add the exemption for institutions of higher education and
nonprofit institutions from the requirement that the Secretary requires
a 20 percent non-Federal cost sharing for research or development
activities.
II. Summary of This Action
Title 2 CFR 910.130 concerns the cost sharing requirements imposed
by section 988 of EPACT 2005, 42 U.S.C. 16352. As a result of the
change imposed by the Innovation Act, DOE amends Sec. 910.130 in
paragraph (b)(1) by removing ``or'' at the end of the paragraph;
paragraph (b)(2) by adding ``; or'' at the end of the paragraph; and
adding a new paragraph (b)(3) to read as set out in the regulatory text
below.
III. Final Action
DOE has determined, pursuant to 5 U.S.C. 553(b)(B), that prior
notice and an opportunity for public comment on this final rule are
unnecessary. This rule inserts into the CFR, for the benefit of the
public, the Innovation Act two-year pilot program exemption to the
requirement that DOE impose a 20 percent non-Federal cost sharing for
research or development activities performed by institutions of higher
education and nonprofit entities. The statutory exemption is for the
two-year period beginning September 28, 2018 ending September 27, 2020.
DOE exercises no discretion in amending its regulations to implement
this statutory directive. DOE, therefore, finds that good cause exists
to waive prior notice and an opportunity to comment for this
rulemaking. For the same reasons, DOE, pursuant to 5 U.S.C. 553(d)(3),
finds that good cause exists for making this final rule effective upon
publication in the Federal Register.
IV. Procedural Requirements
A. Review Under Executive Order 12866, ``Regulatory Planning and
Review''
This final rule is a not a ``significant regulatory action'' under
the criteria set out in section 3(f) of Executive Order 12866,
``Regulatory Planning and Review.'' 58 FR 51735 (October 4, 1993).
Accordingly, this action was not subject to review 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 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 it is essential to manage the
costs associated with the governmental imposition of private
expenditures required to comply with Federal regulations. This final
rule is expected to be an E.O. 13771 deregulatory action.
Additionally, on February 24, 2017, the President issued Executive
Order 13777, ``Enforcing the Regulatory Reform Agenda.'' The Order
required the head of each agency 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
[[Page 12048]]
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 Information Quality
Act, or the guidance issued pursuant to that Act, in particular 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. The Innovation Act
amends EPACT 2005 to exempt certain entities from the 20 percent cost
share requirement for a two-year period ending September 27, 2020. The
changes reduce the requirements of EPACT 2005 by permitting DOE to
exclude mandatory cost sharing for universities and nonprofit
institutions. Therefore, this final rule is an Executive Order 13771
deregulatory action.
C. 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 (August 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 rulemaking process. 68 FR 7990. The Department
has made its procedures and policies available on the Office of General
Counsel's website: http://energy.gov/gc/office-general-counsel. This
rule revises the Code of Federal Regulations to incorporate, without
substantive change, statutorily-imposed definitional changes affecting
coverage under current energy conservation standards, applicable
timelines related to certain rulemaking requirements, and related
provisions prescribed by Public Law 115-78 and Public Law 115-115,
along with a separate correction to reflect the current language found
in the statute. Because this is a technical amendment for which a
general notice of proposed rulemaking is not required, the Regulatory
Flexibility Act does not apply to this rulemaking.
D. Review Under the Paperwork Reduction Act of 1995
This rulemaking imposes no new information or record keeping
requirements. Accordingly, Office of Management and Budget clearance is
not required under the Paperwork Reduction Act. (44 U.S.C. 3501 et
seq.)
E. Review Under the National Environmental Policy Act of 1969
In this rule, DOE is incorporating requirements prescribed by the
Innovation Act. DOE has determined that this rule falls into a class of
actions that are categorically excluded from review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and DOE's
implementing regulations at 10 CFR part 1021. Specifically, this rule
is strictly procedural and, therefore, would not result in any
environmental impacts. Thus, this rulemaking is covered by Categorical
Exclusion A6 under 10 CFR part 1021, subpart D, which applies to
procedural rulemakings. Accordingly, neither an environmental
assessment nor an environmental impact statement is required.
F. Review Under Executive Order 13132, ``Federalism''
Executive Order 13132, ``Federalism,'' 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. 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
to 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 determined that
this rule does not limit the policymaking discretion of the States. No
further action is required by Executive Order 13132.
G. Review Under Executive Order 12988, ``Civil Justice Reform''
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
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.
H. 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. (Pub. L. 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)) The UMRA also requires a Federal agency to
develop an effective process to permit timely input by elected
[[Page 12049]]
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) (also available
at http://www.gc.doe.gov). 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, so these requirements
under the Unfunded Mandates Reform Act do not apply.
I. 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 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.
J. Review Under Executive Order 12630, ``Governmental Actions and
Interference with Constitutionally Protected Property Rights''
The Department has determined, under Executive Order 12630,
``Governmental Actions and Interference with Constitutionally Protected
Property Rights,'' 53 FR 8859 (March 18, 1988), that this rule would
not result in any takings which might require compensation under the
Fifth Amendment to the United States Constitution.
K. 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 (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.
L. Review Under Executive Order 13211, ``Actions Concerning Regulations
That Significantly Affect Energy Supply, Distribution, or Use''
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 the
Office of Information and Regulatory Affairs (OIRA), Office of
Management and Budget, a Statement of Energy Effects for any proposed
significant energy action. A ``significant energy action'' is defined
as any action by an agency that promulgates or is expected to lead to
promulgation of a final rule, 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, which incorporates recently-enacted statutory
provisions into DOE's regulations, would not have a significant adverse
effect on the supply, distribution, or use of energy and, therefore, is
not a significant energy action.
M. Congressional Notification
As required by 5 U.S.C. 801, DOE will report to Congress on the
promulgation of this rule prior to its effective date. The report will
state that it has been determined that the rule is not a ``major rule''
as defined by 5 U.S.C. 804(2).
V. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this final
rule.
List of Subjects in 2 CFR Part 910
Accounting, Administrative practice and procedure, Grant programs,
Reporting and recordkeeping requirements.
Signed in Washington, DC, on March 26, 2019.
John R. Bashista,
Director, Office of Acquisition Management, Department of Energy.
S. Keith Hamilton,
Deputy Associate Administrator, Acquisition and Project Management,
National Nuclear Security Administration.
For the reasons set forth in the preamble, DOE hereby amends
chapter IX, subchapter B, of title 2 of the Code of Federal Regulations
as set forth below:
PART 910--UNIFORM ADMINISTRATION REQUIREMENTS, COST PRINCIPLES, AND
AUDIT REQUIREMENTS FOR FEDERAL AWARDS
0
1. The authority citation for part 910 continues 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.; 2 CFR part 200.
0
2. Section 910.130 is amended by:
0
a. Removing the word ``or'' at the end of paragraph (b)(1).
0
b. Removing the period at the end of paragraph (b)(2) and adding in its
place ``; or''.
0
c. Adding paragraph (b)(3).
The addition reads as follows:
Sec. 910.130 Cost sharing (EPACT).
* * * * *
(b) * * *
(3) The research or development activity is to be performed by an
institution of higher education or nonprofit institution (as defined in
section 4 of the Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3703)) during the two-year period ending September 27, 2020.
* * * * *
[FR Doc. 2019-06263 Filed 3-29-19; 8:45 am]
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