[Federal Register Volume 85, Number 102 (Wednesday, May 27, 2020)]
[Rules and Regulations]
[Pages 31667-31670]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09247]



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 Rules and Regulations
                                                 Federal Register
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 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.
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  Federal Register / Vol. 85 , No. 102 / Wednesday, May 27, 2020 / 
Rules and Regulations  

[[Page 31667]]



DEPARTMENT OF ENERGY

10 CFR Parts 216 and 217

RIN 1901-AB52


Materials Allocation and Priority Performance Under Contracts or 
Orders To Maximize Domestic Energy Supplies and Energy Priorities and 
Allocations System; Administrative Updates to Personnel References

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

ACTION: Final rule.

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

SUMMARY: The Department of Energy (DOE) publishes this final rule to 
update personnel references within DOE's Office of Electricity and 
update an email address that is no longer in use. This final rule is 
needed to conform to the current organizational structure within DOE's 
Office of Electricity and does not otherwise substantively change the 
current regulations.

DATES: This rule is effective May 27, 2020.

FOR FURTHER INFORMATION CONTACT: Mr. Christopher A. Lawrence, Program 
and Management Analyst, Transmission Permitting and Technical 
Assistance, Office of Electricity (OE-20), U.S. Department of Energy, 
Washington, DC, (202) 586-5260 or [email protected]; Mr. 
Christopher Drake, Attorney-Adviser, Office of the Assistant General 
Counsel for Electricity and Fossil Energy (GC-76), U.S. Department of 
Energy, Washington, DC, (202) 586-2919 or [email protected].gov; 
Mrs. Kavita Vaidyanathan, Attorney-Adviser, Office of the Assistant 
General Counsel for Electricity and Fossil Energy (GC-76), U.S. 
Department of Energy, Washington, DC, (202) 586-0669 or 
[email protected].

SUPPLEMENTARY INFORMATION: 
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 regulations at 10 CFR part 216 describe and establish 
procedures to be used by the Department of Energy (DOE) in considering 
and making certain findings required by section 101(c)(2)(A) of the 
Defense Production Act of 1950, as amended (DPA) (50 U.S.C. 
4511(c)(2)(A)). These regulations were last updated in February of 
2008. The regulations at 10 CFR part 217 provide guidance and 
procedures for use of the priorities and allocations authority in 
section 101(a) of the DPA (50 U.S.C. 4511(a)) with respect to all forms 
of energy necessary or appropriate to promote the national defense. 
These regulations were last updated in June of 2011. Since then, the 
organizational structure in DOE's Office of Electricity has changed. 
The administrative updates to personnel references in this final rule 
are needed to conform to the current organizational structure within 
DOE's Office of Electricity and update an email address that is no 
longer in use. Specifically, this final rule revises DOE regulations at 
10 CFR part 216 by replacing ``Office of Electricity and Energy 
Assurance, OE-30'' with ``Office of Electricity''. This final rule also 
revises DOE regulations at 10 CFR part 217 by changing certain 
references of ``Senior Policy Advisor for the Office of Electricity 
Delivery and Energy Reliability'' to ``Deputy Assistant Secretary 
overseeing the Defense Production Act program'',\1\ replacing ``Office 
of Infrastructure Security and Energy Restoration'' with ``Office of 
Electricity'', and clarifying that the ``Assistant Secretary, Office of 
Electricity'' is the person within the Office of Electricity who will 
make determinations regarding appeals.
---------------------------------------------------------------------------

    \1\ As of this rulemaking, this official is the Deputy Assistant 
Secretary, Transmission Permitting and Technical Assistance.
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II. Final Rulemaking

    In accordance with the Administrative Procedure Act, specifically 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 216 or part 217 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.

[[Page 31668]]

    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 parts 216 and 
217 consistent with changes in the organizational structure of DOE's 
Office of Electricity.

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 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.

[[Page 31669]]

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

10 CFR Part 216

    Administrative practice and procedure, Business and industry, 
Energy, Government contracts, National defense, Reporting and 
recordkeeping requirements, Strategic and critical materials.

10 CFR Part 217

    Administrative practice and procedure, Business and industry, 
Energy, Government contracts, National defense, Reporting and 
recordkeeping requirements, Strategic and critical materials.

Signing Authority

    This document of the Department of Energy was signed on April 27, 
2020, by Bruce J. Walker, Assistant Secretary, Office of Electricity, 
pursuant to delegated authority from the Secretary of Energy. That 
document with the original signature and date is maintained by DOE. For 
administrative purposes only, and in compliance with requirements of 
the Office of the Federal Register, the undersigned DOE Federal 
Register Liaison Officer has been authorized to sign and submit the 
document in electronic format for publication, as an official document 
of the Department of Energy. This administrative process in no way 
alters the legal effect of this document upon publication in the 
Federal Register.

    Signed in Washington, DC, on April 27, 2020.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.

    For the reasons stated in the preamble, DOE amends parts 216 and 
217 of chapter II of title 10 of the Code of Federal Regulations as set 
forth below:

PART 216--MATERIALS ALLOCATION AND PRIORITY PERFORMANCE UNDER 
CONTRACTS OR ORDERS TO MAXIMIZE DOMESTIC ENERGY SUPPLIES

0
1. The authority citation for part 216 is revised to read as follows:

    Authority: Section 104 of the Energy Policy and Conservation Act 
(EPCA), Pub. L. 94-163, 89 Stat. 871; section 101(c) of the Defense 
Production Act of 1950, 50 U.S.C. 4511(c); E.O. 12919, 59 FR 29525 
(June 7, 1994); E.O. 13286, 68 FR 10619 (March 5, 2003); 15 CFR part 
700; Defense Priorities and Allocations System Delegation No. 2 
(Aug. 6, 2002), as amended at 15 CFR part 700.


Sec.  216.2  [Amended]

0
2. Section 216.2(h) is amended by removing the words ``Office of 
Electricity and Energy Assurance, OE-30'' and adding in their place, 
the words ``Office of Electricity''.


Sec.  216.3  [Amended]

0
3. Section 216.3(a) is amended by removing the words ``Office of 
Electricity and Energy Assurance, OE-30,'' and adding, in their place, 
the words ``Office of Electricity,''.


Sec.  216.8  [Amended]

0
4. Section 216.8 is amended by removing the words ``Office of 
Electricity and Energy Assurance, OE-

[[Page 31670]]

30,'' and adding in their place, the words ``Office of Electricity,''.

PART 217--ENERGY PRIORITIES AND ALLOCATIONS SYSTEM

0
5. The authority citation for part 217 is revised to read as follows:

    Authority: Defense Production Act of 1950, as amended, 50 U.S.C. 
4501-4568; E.O. 12919, as amended, (59 FR 29525 June 7, 1994).


Sec.  217.40  [Amended]

0
6. In Sec.  217.40:
0
a. Amend paragraphs (a) and (c) by removing the words ``Senior Policy 
Advisor for the Office of Electricity Delivery and Energy Reliability'' 
and adding in their place, the words ``Deputy Assistant Secretary of 
the Department of Energy overseeing the Defense Production Act 
program''.
0
b. Amend paragraph (a) by removing the words ``Office of Infrastructure 
Security and Energy Restoration'' and adding, in their place, the words 
``Office of Electricity''.


Sec.  217.72  [Amended]

0
7. Section 217.72(b) is amended by removing the words ``Senior Policy 
Advisor for the Office of Electricity Delivery and Energy Reliability'' 
and adding, in their place, the words ``Deputy Assistant Secretary of 
the Department of Energy overseeing the Defense Production Act 
program''.


Sec.  217.80  [Amended]

0
8. In Sec.  217.80:
0
a. Amend paragraphs (a), (c) and (d) by removing the words ``Senior 
Policy Advisor for the Office of Electricity Delivery and Energy 
Reliability'' and adding, in their place the words ``Deputy Assistant 
Secretary of the Department of Energy overseeing the Defense Production 
Act program''.
0
b. Amend paragraph (d) by removing the words ``Office of Infrastructure 
Security and Energy Restoration'' and adding in their place, the words 
``Assistant Secretary, Office of Electricity''.


Sec.  217.81  [Amended]

0
9. In Sec.  217.81:
0
a. Amend paragraphs (a), (b)(1) and (b)(2) removing the words ``Senior 
Policy Advisor for the Office of Electricity Delivery and Energy 
Reliability'' and adding, in their place, the words ``Deputy Assistant 
Secretary of the Department of Energy overseeing the Defense Production 
Act program''.
0
b. Amend paragraphs (a), (b)(1), (b)(2), (d), (e), (f), (g) and (h) by 
removing the words ``Office of Infrastructure Security and Energy 
Restoration'' and adding in their place, the words ``Assistant 
Secretary, Office of Electricity''.

0
10. Section 217.93 is revised to read as follows:


Sec.  217.93  Communications.

    All communications concerning this part, including requests for 
copies of the regulation and explanatory information, requests for 
guidance or clarification, and requests for adjustment or exception 
shall be addressed to the Deputy Assistant Secretary of the Department 
of Energy overseeing the Defense Production Act program, U.S. 
Department of Energy, 1000 Independence Ave. SW, Washington, DC 20585; 
(202) 586-1411 ([email protected]).

[FR Doc. 2020-09247 Filed 5-26-20; 8:45 am]
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