[Federal Register Volume 88, Number 121 (Monday, June 26, 2023)]
[Rules and Regulations]
[Pages 41289-41295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12461]



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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 
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  Federal Register / Vol. 88, No. 121 / Monday, June 26, 2023 / Rules 
and Regulations  

[[Page 41289]]



DEPARTMENT OF ENERGY

10 CFR Parts 602, 710, 712, 725, 835, 850, 851, 1016, 1017, 1045 
and 1046

[EHSS-RM-22-WSHP]
RIN 1992-AA62


Organizational Changes in Certain Department of Energy Health, 
Safety, and Security Regulations

AGENCY: Office of Environment, Health, Safety and Security, U.S. 
Department of Energy.

ACTION: Final rule; technical amendments.

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

SUMMARY: The U.S. Department of Energy (DOE) has updated its 
organizational structure and changed certain titles and reporting 
duties within the Office of Environment, Health, Safety and Security. 
This final rule updates certain DOE health, safety and security 
regulations to reflect the new titles and organizational names. 
Additionally, the final rule makes further minor updates to these 
regulations to improve clarity and delete obsolete references.

DATES: This rule is effective June 26, 2023.

FOR FURTHER INFORMATION CONTACT: 
    Mr. James Dillard, U.S. Department of Energy, Office of 
Environment, Health, Safety and Security, Mailstop EHSS-11, 1000 
Independence Ave. SW, Washington, DC 20585, Telephone: (301) 903-1165, 
or by Email at: [email protected].
    Ms. Jennifer Tiedeman, U.S. Department of Energy, Office of General 
Counsel, GC-33, 1000 Independence Ave. SW, Washington, DC 20585, 
Telephone: (202) 287-6111, or by Email at: 
[email protected].


SUPPLEMENTARY INFORMATION:

I. Introduction
II. Procedural Issues and Regulatory Review
    A. Review Under Executive Order 12866
    B. Review Under the Regulatory Flexibility Act
    C. Review Under the Paperwork Reduction Act of 1995
    D. Review Under the National Environmental Policy Act of 1969
    E. Review Under Executive Order 12988
    F. Review Under Executive Order 13132
    G. Review Under Executive Order 13175
    H. Review Under the Unfunded Mandates Reform Act of 1995
    I. Review Under Executive Order 13211
    J. Review Under the Treasury and General Government 
Appropriations Act, 1999
    K. Review Under the Treasury and General Government 
Appropriations Act, 2001
    L. Administrative Procedure Act
    M. Congressional Notification
III. Approval by the Office of the Secretary of Energy

I. Introduction

    The mission of DOE's Office of Environment, Health, Safety and 
Security (EHSS) is to provide organizational leadership and strategic 
approaches for protecting DOE's workers, the public, the environment 
and national security assets. This objective is accomplished through 
developing organizational policies and standards and providing guidance 
on their implementation; sharing operating experience, lessons learned, 
and best practices; and providing assistance and supporting services to 
line management with the goal of mission success as DOE's environment, 
health, safety and security advocate.
    On February 10, 2022, DOE updated its organizational structure 
which changed certain titles and reporting duties within EHSS. Certain 
of the EHSS's functions are subject to regulations in title 10 of the 
Code of Federal Regulations (CFR). As a result of the changes, title 10 
of the CFR contains references to DOE organizational names and 
positions that are no longer current. This final rule amends certain 
regulations in title 10 of the CFR to reflect new organizational names 
and titles.
    Specifically, DOE has changed the title of the Associate Under 
Secretary for Environment, Health, Safety and Security to the Director 
of the Office of Environment, Health, Safety and Security and 
amendments have been made to 10 CFR parts 602, 710, 712, 835, 850, 851, 
1016, 1045, and 1046 to reflect that change. In 10 CFR part 725, the 
reference to ``Chief Health, Safety and Security Officer'' has been 
changed to the ``Director, Office of Environment, Health, Safety and 
Security''. The Director of EHSS now reports directly to the Deputy 
Secretary of Energy rather than a DOE Under Secretary. In addition, the 
reference in 10 CFR part 1017 to the ``Office of Health, Safety and 
Security'' has been changed to the ``Office of Environment, Health, 
Safety and Security''. This final rule also updates the routing symbols 
of DOE's Office of Environment, Health, Safety and Security from AU to 
EHSS.
    References in 10 CFR part 710 to the Deputy Associate Under 
Secretary for Environment, Health, Safety and Security have been 
changed to the Deputy Director for Security, Office of Environment, 
Health, Safety and Security. A previous reorganization in the Office of 
Environment, Health, Safety and Security divided the position of the 
Deputy Associate Under Secretary for Environment, Health, Safety and 
Security into the Deputy Associate Under Secretary for Environment, 
Health and Safety and the Deputy Associate Under Secretary for 
Security. Accordingly, in recognition of that reorganization and the 
change in titles, references to the Deputy Associate Under Secretary 
for Environment, Health, Safety and Security in 10 CFR part 710 are 
being changed to the Deputy Director for Security, Office of 
Environment, Health, Safety and Security.
    Changes are also being made in 10 CFR part 851 to avoid confusion 
between references to the Director of the Office of Environment, 
Health, Safety and Security and the Director of the Office of 
Enforcement, who has been, until now, referred to as ``Director'' in 10 
CFR part 851.
    In addition, in 10 CFR part 851 DOE is deleting references to 
subpart G of 10 CFR part 1003, Office of Hearings and Appeals 
Procedural Regulations, because part 1003 has been amended and the 
references to subpart G are no longer correct.
    This final rule also updates the titles of two of its Under 
Secretaries. In 10 CFR part 851, a reference to the ``Under Secretary 
for Science and Energy, or Under Secretary for Management and 
Performance'' is being changed to the ``Under Secretary for Science and 
Innovation, or Under Secretary for Infrastructure''. In 10 CFR part 
1046, a reference to the ``Under Secretary for Science'' is being 
changed to the ``Under Secretary for Science and Innovation''.

[[Page 41290]]

    None of the regulatory amendments in this notice of final rule 
alter substantive rights or obligations under current law.

II. Procedural Issues and Regulatory Review

A. Review Under Executive Order 12866

    This regulatory action has been determined not to be significant 
for purposes of Executive Order 12866, ``Regulatory Planning and 
Review,'' 58 FR 51735 (October 4, 1993). As a result, the Office of 
Information and Regulatory Affairs (OIRA) within the Office of 
Management and Budget (OMB) did not review this rule.

B. 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 to ensure that the potential impacts of its 
draft rules on small entities are properly considered during the 
rulemaking process (68 FR 7990, February 19, 2003), and has made them 
available on the Office of General Counsel's website: www.energy.gov/gc/office-general-counsel. Because there was no requirement to first 
publish this regulation for comment, as discussed above, no analysis is 
required for purposes of the Regulatory Flexibility Act.

C. Review Under the Paperwork Reduction Act of 1995

    This rule does not impose a collection of information requirement 
subject to review and approval by OMB under the Paperwork Reduction Act 
(44 U.S.C. 3501 et seq.).

D. Review Under the National Environmental Policy Act of 1969

    Pursuant to the National Environmental Policy Act of 1969 (NEPA), 
DOE has analyzed this proposed action in accordance with NEPA and DOE's 
NEPA implementing regulations (10 CFR part 1021). DOE's regulations 
include a categorical exclusion (CX) for rulemakings interpreting or 
amending an existing rule or regulation that does not change the 
environmental effect of the rule or regulation being amended. See 10 
CFR part 1021, subpart D, appendix A5. DOE has determined that this 
rule is covered under the CX found in DOE's NEPA regulations at 
paragraph A.5 of appendix A to subpart D, 10 CFR part 1021, because it 
amends existing regulations without changing the environmental effect 
of the rules and meets the requirements for the application of a CX. 
See 10 CFR 1021.410. Therefore, DOE has determined that this final rule 
is not a major Federal action significantly affecting the quality of 
the human environment within the meaning of NEPA, and does not require 
an Environmental Assessment or an Environmental Impact Statement.

E. 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 
Federal agencies the general duty to adhere to the following 
requirements: (1) eliminate drafting errors and ambiguity; (2) write 
regulations to minimize litigation; (3) provide a clear legal standard 
for affected conduct rather than a general standard; and (4) 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; (6) specifies whether administrative proceedings are 
to be required before parties may file suit in court and, if so, 
describes those proceedings and requires the exhaustion of 
administrative remedies; and (7) 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.

F. Review Under Executive Order 13132

    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. 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. 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 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. No further 
action is required by Executive Order 13132.

G. Review Under Executive Order 13175

    Under Executive Order 13175 (65 FR 67249, November 6, 2000) on 
``Consultation and Coordination with Indian Tribal Governments,'' DOE 
may not issue a discretionary rule that has ``Tribal'' implications and 
imposes substantial direct compliance costs on Indian Tribal 
governments. DOE has determined that the final rule will not have such 
effects and concluded that Executive Order 13175 does not apply to this 
final rule.

H. Review Under the Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. 
L. 104-4)) requires each Federal agency to prepare a written assessment 
of the effects of any Federal mandate in a proposed or final agency 
regulation that may result in the expenditure by State, Tribal, or 
local governments, on the aggregate, or by the private sector, of $100 
million in any one year (adjusted annually for inflation). For a 
regulatory action likely to result in a rule that may cause this 
expenditure, 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 Act

[[Page 41291]]

also requires a Federal agency to develop an effective process to 
permit timely input by elected officials of State, Tribal, or local 
governments on a proposed ``significant intergovernmental mandate,'' 
and requires an agency plan for giving notice and opportunity to 
provide 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) (This policy is also available at: www.energy.gov/gc/office-general-counsel under ``Guidance & Opinions'' (Rulemaking)). DOE 
examined this final rule according to UMRA and its statement of policy 
and has determined that the rule contains neither an intergovernmental 
mandate, nor a mandate that may result in the expenditure by State, 
local, and Tribal governments, in the aggregate, or by the private 
sector, of $100 million or more in any year. Accordingly, no further 
assessment or analysis is required under UMRA.

I. 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 the 
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, and that: (1)(i) is a significant regulatory action under 
Executive Order 12866, or any successor order; and (ii) is likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy, or (2) 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. DOE has concluded 
that this regulatory action will not have a significant adverse effect 
on the supply, distribution, or use of energy and is therefore not a 
significant energy action. Accordingly, DOE has not prepared a 
Statement of Energy Effects.

J. 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. The final rule will 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.

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 Federal 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). 
Pursuant to OMB Memorandum M-19-15, Improving Implementation of the 
Information Quality Act (April 24, 2019), DOE published updated 
guidelines which are available at: www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf.
    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. Administrative Procedure Act

    The regulatory amendments in this notice of final rulemaking 
reflecting changes related solely to internal agency organization, 
management or personnel, and as such, are not subject to the 
requirement for a general notice of proposed rulemaking under the 
Administrative Procedure Act (APA). (See 5 U.S.C. 553(a)(2)). There is 
no requirement under the APA or any other law that this rule be 
proposed for public comment. 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).

M. Congressional Notification

    As required by 5 U.S.C. 801(a)(1)(A), 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 
it has been determined that the rule is not a ``major rule'' as defined 
by 5 U.S.C. 804(2).

III. Approval by the Office of the Secretary of Energy

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

List of Subjects

10 CFR Part 602

    Grant programs--health, Medical research, Occupational safety and 
health, Reporting and recordkeeping requirements.

10 CFR Part 710

    Administrative practice and procedure, Classified information, 
Government contracts, Government employees, Nuclear energy.

10 CFR Part 712

    Administrative practice and procedure, Alcohol abuse, Classified 
information, Drug abuse, Government contracts, Government employees, 
Health, Occupational safety and health, Radiation protection, Security 
measures.

10 CFR Part 725

    Classified information, Nuclear materials, Reporting and 
recordkeeping requirements.

10 CFR Part 835

    Federal buildings and facilities, Nuclear energy, Nuclear 
materials, Nuclear power plants and reactors, Nuclear safety, 
Occupational safety and health, Radiation protection, Reporting and 
recordkeeping requirements.

10 CFR Part 850

    Beryllium, Hazardous substances, Lung diseases, Occupational safety 
and health, Reporting and recordkeeping requirements.

10 CFR Part 851

    Civil penalties, Federal buildings and facilities, Occupational 
safety and health, Reporting and recordkeeping requirements.

10 CFR Part 1016

    Classified information, Nuclear energy, Reporting and recordkeeping 
requirements, Security measures.

10 CFR Part 1017

    Administrative practice and procedure, Government contracts, 
Nuclear energy, Penalties, Security measures.

10 CFR Part 1045

    Classified information, Declassification, Formerly restricted data, 
Restricted data, Transclassified foreign nuclear information.

[[Page 41292]]

10 CFR Part 1046

    Government contract, Reporting and recordkeeping requirements, 
Security measures.

Signing Authority

    This document of the Department of Energy was signed on June 5, 
2023, by Jennifer Granholm, 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 June 7, 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.

    For the reasons set forth in the preamble, the Department of Energy 
amends Chapters II, III, and X of Title 10 of the Code of Federal 
Regulations to read as follows:

PART 602--EPIDEMIOLOGY AND OTHER HEALTH STUDIES FINANCIAL 
ASSISTANCE PROGRAM

0
1. The authority citation for part 602 continues to read as follows:

    Authority:  42 U.S.C. 2051; 42 U.S.C. 5817; 42 U.S.C. 5901-5920; 
42 U.S.C. 7254 and 7256; 31 U.S.C. 6301-6308.


Sec.  602.4  [Amended]

0
2. Section 602.4 is amended in paragraph (a) by removing the words 
``Associate Under Secretary for Environment, Health, Safety and 
Security'' and adding in their place the words ``Director, Office of 
Environment, Health, Safety and Security''.


Sec.  602.7 and 602.10  [Amended]

0
3. Sections 602.7(c) and 602.10(b) and (c) are amended by removing 
``AU-13'' and adding in its place ``EHSS-13''.


Sec.  602.16  [Amended]

0
4. Section 602.16 is amended by removing ``AU-60,'' and adding in its 
place ``EHSS-60,''.

PART 710--PROCEDURES FOR DETERMINING ELIGIBILITY FOR ACCESS TO 
CLASSIFIED MATTER AND SPECIAL NUCLEAR MATERIAL

0
5. The authority citation for part 710 continues to read as follows:

    Authority:  42 U.S.C. 2165, 2201, 5815, 7101, et seq., 7383h-l; 
50 U.S.C. 2401 et seq.; E.O. 10865, 3 CFR 1959-1963 comp., p. 398, 
as amended, 3 CFR Chap. IV; E.O. 13526, 3 CFR 2010 Comp., pp. 298-
327 (or successor orders); E.O. 12968, 3 CFR 1995 Comp., p. 391.


Sec.  Sec.  710.8, 710.9, 710.28, 710.29, and 710.31  [Amended]

0
6. Remove the words ``Deputy Associate Under Secretary for Environment, 
Health, Safety and Security'' and add in their place the words ``Deputy 
Director for Security, Office of Environment, Health, Safety and 
Security'' in the following places:
0
a. Section 710.8(d);
0
b. Section 710.9(h);
0
c. Section 710.28(c)(2) and (3);
0
d. Section 710.29(a) and (b); and
0
e. Section 710.31(b)(1) through (3).


Sec.  710.34  [Amended]

0
7. Section 710.34 is amended by:
0
a. Removing the words ``Deputy Associate Under Secretary for 
Environment, Health, Safety and Security'', in two instances, and 
adding in their places the words ``Deputy Director for Security, Office 
of Environment, Health, Safety and Security''; and
0
b. Removing ``Associate Under Secretary for Environment, Health, Safety 
and Security'' and adding in its place the words ``Director, Office of 
Environment, Health, Safety and Security''.

PART 712--HUMAN RELIABILITY PROGRAM

0
8. The authority citation for part 712 continues to read as follows:

    Authority:  42 U.S.C. 2165; 42 U.S.C. 2201; 42 U.S.C. 5814-5815; 
42 U.S.C. 7101 et seq.; 50 U.S.C. 2401 et seq.; E.O. 10450, 3 CFR 
1949-1953 Comp., p. 936, as amended; E.O. 10865, 3 CFR 1959-1963 
Comp., p. 398, as amended; 3 CFR Chap. IV.

0
9. Section 712.3 is amended by:
0
a. Removing the definition of ``Associate Under Secretary for 
Environment, Health, Safety and Security'';
0
b. Adding in alphabetical order a definition for ``Director, Office of 
Environment, Health, Safety and Security''; and
0
c. Removing from the definitions of ``Designated Physician'' and 
``Designated Psychologist'' the words ``Associate Under Secretary for 
Environment, Health, Safety and Security'' and adding in their place 
the words ``Director, Office of Environment, Health, Safety and 
Security''.
    The addition reads as follows.


Sec.  712.3  Definitions.

* * * * *
    Director, Office of Environment, Health, Safety and Security means 
the DOE individual with responsibility for policy and quality assurance 
for DOE occupational medical programs.
* * * * *


Sec.  Sec.  712.4, 712.10, 712.12, 712.14, 712.23, 712.24, 712.34, 
712.35 and 712.36  [Amended]

0
10. Remove the words ``Associate Under Secretary for Environment, 
Health, Safety and Security'' and add in their place, the words 
``Director, Office of Environment, Health, Safety and Security'' in the 
following places:
0
a. Section 712.4;
0
b. Section 712.10(b);
0
c. Section 712.12(c)(1) and (d) introductory text;
0
d. Section 712.14(f)(1) and (3);
0
e. Section 712.23(a), (b) introductory text, and (c);
0
f. Section 712.24(a);
0
g. Section 712.34(a), (b) introductory text, (c), and (d);
0
h. Section 712.35 heading and introductory text; and
0
i. Section 712.36(d)(1) and (3).

PART 725--PERMITS FOR ACCESS TO RESTRICTED DATA

0
11. The authority citation for part 725 continues to read as follows:

    Authority: Sec. 161 of the Atomic Energy Act of 1954, as 
amended, 68 Stat. 943, 42 U.S.C. 2201.


Sec.  Sec.  725.1, 725.4, 725.7, 725.13, 725.21, 725.23, 725.24, 
725.25; 725.28, 725.29, and 725.30  [Amended]

0
12. Remove the words ``Chief Health, Safety and Security Officer'' and 
add in their place the words ``Director, Office of Environment, Health, 
Safety and Security'' in the following places:
0
a. Section 725.1;
0
b. Section 725.4;
0
c. Section 725.7;
0
d. Section 725.13 in two instances;
0
e. Section 725.21(a);
0
f. Section 725.23(b) and in the introductory text of the agreement in 
paragraph (c)(4);
0
g. Section 725.24 introductory text;
0
h. Section 725.25(b);
0
i. Section 725.28;
0
j. Section 725.29; and
0
k. Section 725.30

[[Page 41293]]

Sec.  725.3  [Amended]

0
13. Section 725.3 is amended by revising paragraph (d) to read as 
follows.


Sec.  725.3  Definitions.

* * * * *
    (d) Director of the Office of Environment, Health, Safety and 
Security means the DOE official to whom the Secretary assigns the 
authority to develop policy and technical assistance; safety analysis; 
and organizational safety and security programs, or the Director's duly 
authorized representatives.
* * * * *


Sec.  Sec.  725.5 and 725.11  [Amended]

0
14. Remove the words ``Chief Health, Safety and Security Officer, HS-1/
Forrestal Building'' and adding, in its place, the words ``Director, 
Office of Environment, Health, Safety and Security, EHSS-1'' in the 
following instances:
0
a. Section 725.5; and
0
b. Section 725.11(a).

PART 835--OCCUPATIONAL RADIATION PROTECTION

0
15. The authority citation for part 835 continues to read as follows:

    Authority: 42 U.S.C. 2201, 7191, 50 U.S.C. 2410.


Sec.  835.1  [Amended]

0
16. Section 835.1 is amended in paragraph (b)(6) by removing the words 
``Associate Under Secretary for Environment, Health, Safety and 
Security'' and adding in its place the words ``Director, Office of 
Environment, Health, Safety and Security''.

PART 850--CHRONIC BERYLLIUM DISEASE PREVENTION PROGRAM

0
17. The authority citation for part 850 continues to read as follows:

    Authority: 42 U.S.C. 2201(i)(3), (p); 42 U.S.C. 2282c; 29 U.S.C. 
668; 42 U.S.C. 7101 et seq.; 50 U.S.C. 2401 et seq., E.O. 12196, 3 
CFR 1981 comp., at 145 as amended.


Sec.  850.10  [Amended]

0
18. Section 850.10 is amended in paragraph (b)(2) by removing the words 
``Associate Under Secretary for Environment, Health, Safety and 
Security'' and adding in their place the words ``Director, Office of 
Environment, Health, Safety and Security''.


Sec.  850.39  [Amended]

0
19. Section 850.39 is amended in paragraph (g) by removing the words 
``DOE Chief Health, Safety and Security Officer'' and adding in their 
place the words ``Director, Office of Environment, Health, Safety and 
Security''.

PART 851--WORKER SAFETY AND HEALTH PROGRAM

0
20. The authority citation for part 851 continues to read as follows:

    Authority: 42 U.S.C. 2201(i)(3), (p); 42 U.S.C. 2282c; 42 U.S.C. 
5801 et seq.; 42 U.S.C. 7101 et seq.; 50 U.S.C. 2401 et seq, 28 
U.S.C. 2461 note.


Sec.  851.3  [Amended]

0
21. Section 851.3 is amended in paragraph (a) by:
0
a. Removing the word ``Director'' and adding in its place the words 
``Enforcement Director'' in the definition of ``Consent order'';
0
b. Removing the definition of ``Director'';
0
c. Adding in alphabetical order definitions for ``Director of the 
Office of Enforcement (Enforcement Director)'' and ``Director of the 
Office of Environment, Health, Safety and Security (EHSS Director)'';
0
d. Removing the word ``Director'' and adding in its place the words 
``Enforcement Director'' in the definition of ``DOE Enforcement 
Officer''; and
0
e. Removing the words ``Under Secretary for Science and Energy, or 
Under Secretary for Management and Performance'' and adding in their 
place the words ``Under Secretary for Science and Innovation, or Under 
Secretary for Infrastructure'' in the definition of ``Under 
Secretary''.
    The additions read as follows.


Sec.  851.3  Definitions.

* * * * *
    Director of the Office of Enforcement (Enforcement Director) means 
the DOE official designated by the Secretary, or that person's 
designee, to carry out the enforcement authorities reflected in subpart 
E of this part.
    Director of the Office of Environment, Health, Safety and Security 
(EHSS Director) means the DOE official to whom the Secretary assigns 
the authority to develop policy and technical assistance; safety 
analysis; and organizational safety and security programs.
* * * * *


Sec.  851.11  [Amended]

0
22. Section 851.11 is amended in paragraph (b)(2) by removing the words 
``Associate Under Secretary for Environment, Health, Safety and 
Security'' and adding in their place the words ``EHSS Director''.


Sec.  851.20  [Amended]

0
23. Section 851.20 is amended in paragraph (b)(5) by removing the word 
``Director'' in two places and adding in its place the words 
``Enforcement Director''.


Sec.  851.30  [Amended]

0
24. Section 851.30 is amended in paragraph (a) by removing the words 
``Associate Under Secretary for Environment, Health, Safety and 
Security'' and adding in their place the words ``EHSS Director''.


Sec.  851.31  [Amended]

0
25. Section 851.31 is amended by:
0
a. Removing the words ``Associate Under Secretary for Environment, 
Health, Safety and Security'' and adding in their place the words 
``EHSS Director'' in paragraphs (a)(1) through (3) and (b) introductory 
text;
0
b. Removing the words ``Associate Under Secretary'' and adding in their 
place the words ``EHSS Director'' in paragraph (b) introductory text; 
and
0
c. Removing the words ``Associate Under Secretary for Environment, 
Health, Safety and Security'' and adding in their place the words 
``EHSS Director'' in paragraph (c)(5).

0
26. Section 851.32 is amended by:
0
a. Revising paragraph (a)(1);
0
b. Removing the words ``Associate Under Secretary for Environment, 
Health, Safety and Security'' and adding in their place the words 
``EHSS Director'' in paragraphs (a)(2) and (4);
0
c. Revising paragraph (c)(1); and
0
d. Removing the words ``Associate Under Secretary for Environment, 
Health, Safety and Security'' and adding in their place the words 
``EHSS Director'' in paragraphs (c)(2)(i) and (ii).
    The revisions read as follows:


Sec.  851.32  Action on variance requests.

    (a) * * *
    (1) If the EHSS Director recommends approval of a variance 
application, the EHSS Director must forward to the Under Secretary the 
variance application and the approval recommendation including a 
discussion of the basis for the recommendation and any terms and 
conditions proposed for inclusion as part of the approval.
* * * * *
    (c) * * *
    (1) If the EHSS Director recommends denial of a variance 
application, the EHSS Director must notify the CSO of the denial 
recommendation and the grounds for the denial recommendation.
* * * * *

[[Page 41294]]

Sec.  851.34  [Amended]

0
27. Section 851.34 is amended in paragraphs (a) and (c) by removing the 
words ``Associate Under Secretary for Environment, Health, Safety and 
Security'' and add, in their place, the words ``EHSS Director''.

0
28. Section 851.40 is amended by:
0
a. Revising paragraph (a);
0
b. Removing the word ``Director'' and adding in its place the words 
``Enforcement Director'' wherever it appears in paragraphs (b) through 
(e);
0
c. Removing the word ``Director's'' in paragraph (e) and adding in its 
place the word ``Enforcement Director's''; and
0
d. Removing the word ``Director'' and adding in its place the words 
``Enforcement Director'' wherever it appears in paragraphs (f) and (h) 
through (k).
    The revision reads as follows:


Sec.  851.40  Investigations and inspections.

    (a) The Enforcement Director may initiate and conduct 
investigations and inspections relating to the scope, nature, and 
extent of compliance by a contractor with the requirements of this part 
and take such action as the Enforcement Director deems necessary and 
appropriate to the conduct of the investigation or inspection. DOE 
Enforcement Officers have the right to enter work areas without delay 
to the extent practicable, to conduct inspections under this subpart.
* * * * *


Sec.  Sec.  851.41 and 851.42  [Amended]

0
29. Remove the word ``Director'' and add in its place the words 
``Enforcement Director'' in the following places:
0
a. Section 851.41(a), (b) introductory text, and (b)(1); and
0
b. Section 851.42(a), two instances, and (b)(4).


Sec.  851.43  [Amended]

0
30. Section 851.43 is amended by removing the word ``Director'' and 
adding in its place the words ``Enforcement Director'' in paragraph (a) 
and two instances in paragraph (b), and by removing ``, subpart G'' in 
paragraph (b).


Sec.  851.44  [Amended]

0
31. Section 851.44 is amended in paragraph (a) by removing ``part 1003, 
subpart G of this title'' and adding in its place ``10 CFR part 1003''.


Sec.  851.45  [Amended]

0
32. Section 851.45 is amended by:
0
a. Removing the words ``Director'' and adding in its place the words 
``Enforcement Director'' in paragraph (a) introductory text; and
0
b. Removing the word ``Director's'' adding in its place the words 
``Enforcement Director's'' in paragraph (b).

Appendix B to Part 851 [Amended]

0
33. Appendix B to part 851 is amended:
0
a. In section IV by:
0
i. Removing the word ``Director'' and adding in its place the words 
``Enforcement Director'' in paragraphs (a) introductory text and (b) 
introductory text; and
0
ii. Removing the word ``Director's'' and adding in its place the words 
``Enforcement Director's'' in paragraph (b)(3);
0
b. In section V by:
0
i. Removing the word ``Director'' and adding in its place the words 
``Enforcement Director'' in paragraph (b) introductory text and two 
instances in paragraph (b)(3); and
0
ii. Removing ``Subpart G,'' in paragraph (c).
0
c. In section VII, by removing the word ``Director'' and adding in its 
place the words ``Enforcement Director'' in paragraph (b);
0
d. In section VIII, by removing the word ``Director'' and adding in its 
place the words ``Enforcement Director'' in paragraph (a); and
0
e. In section IX, by removing the word ``Director'' and adding in its 
place the words ``Enforcement Director'' in paragraphs 1(e)(2) and 
2(d).

PART 1016--SAFEGUARDING OF RESTRICTED DATA BY ACCESS PERMITTEES

0
34. The authority for part 1016 continues to read as follows:

    Authority: Sec. 161i of the Atomic Energy Act of 1954, 68 Stat. 
948 (42 U.S.C. 2201).


Sec.  1016.4  [Amended]

0
35. Section 1016.4 is amended by removing the words ``Associate Under 
Secretary, Office of Environment, Health, Safety and Security, AU-1'' 
and adding in their place the words ``Director, Office of Environment, 
Health Safety and Security, EHSS-1''.


Sec.  1016.19  [Amended]

0
36. Section 1016.19 is amended in paragraphs (a) and (c) by removing 
``AU-60'' and adding in its place ``EHSS-60''.

PART 1017--IDENTIFICATION AND PROTECTION OF UNCLASSIFIED CONTROLLED 
NUCLEAR INFORMATION

0
37. The authority citation for part 1017 continues to read as follows:

    Authority: 42 U.S.C. 7101 et seq.; 50 U.S.C. 2401 et seq.; 42 
U.S.C. 2168; 28 U.S.C. 2461 note.


Sec. Sec.  1017.5 and 1017.13  [Amended]

0
38. Sections 1017.5(c) and 1017.13 are amended by removing the words 
``Office of Health, Safety and Security'' and adding in their place the 
words ``Office of Environment, Health, Safety and Security''.

PART 1045--NUCLEAR CLASSIFICATION AND DECLASSIFICATION

0
39. The authority citation for part 1045 continues to read as follows:

    Authority: 42 U.S.C. 2011; E.O. 13526, 75 FR 705, 3 CFR 2010 
Comp., pp. 298-327.


Sec. Sec.  1045.15 and 1045.20  [Amended]

0
40. Sections 1045.15 and 1045.20 are amended by removing the word ``AU-
60'' and adding in its place the word ``EHSS-60''.

0
41. Section 1045.30 is amended by:
0
a. Removing the definition of ``Associate Under Secretary for 
Environment, Health, Safety and Security''; and
0
b. Adding in alphabetical order a definition for ``Director, Office of 
Environment, Health, Safety and Security''.
    The addition reads as follows.


Sec.  1045.30  What definitions apply to this part?

* * * * *
    Director, Office of Environment, Health, Safety and Security means 
DOE's Director for Environment, Health, Safety and Security or any 
person to whom the Director's duties are delegated.
* * * * *


Sec.  1045.45  [Amended]

0
42. Section 1045.45 is amended in paragraph (b) introductory text by 
removing the words ``Associate Under Secretary for Environment, Health, 
Safety and Security'' and adding in their place the words ``Director, 
Office of Environment, Health, Safety and Security''.


Sec.  1045.55  [Amended]

0
43. Section 1045.55 is amended in paragraph (d) by removing ``AU-60'' 
and adding in its place ``EHSS-60''.


Sec. Sec.  1045.60, 1045.80, 1045.85, and 1045.100  [Amended]

0
44. Sections 1045.60, 1045.80(a), 1045.85(a)(1) and (2), and 
1045.100(b) are amended by removing the words ``Associate Under 
Secretary for

[[Page 41295]]

Environment, Health, Safety and Security'' and adding in their place 
the words ``Director, Office of Environment, Health, Safety and 
Security''.


Sec.  1045.105  [Amended]

0
45. Section 1045.105 is amended by:
0
a. Removing the words ``Associate Under Secretary for Environment, 
Health, Safety and Security'' and adding, in their place, the words 
``Director, Office of Environment, Health, Safety and Security'' in 
paragraph (b); and
0
b. Removing the words ``Associate Under Secretary for Environment, 
Health, Safety and Security, AU-1'' and adding, in their place, the 
words ``Director, Office of Environment, Health, Safety and Security, 
EHSS-1'' in paragraph (c).


Sec.  1045.110  [Amended]

0
46. Section 1045.110 is amended by:
0
a. Removing ``AU-60'' and adding in its place ``EHSS-60'' in paragraph 
(c)(1); and
0
b. Removing the words ``Associate Under Secretary for Environment, 
Health, Safety and Security, AU-1'' and adding in their place the words 
``Director, Office of Environment, Health, Safety and Security, EHSS-
1'' in paragraph (c)(5).


Sec.  1045.180  [Amended]

0
47. Section 1045.180 is amended by:
0
a. Removing ``Associate Under Secretary of Environment, Health, Safety 
and Security at the following address: Associate Under Secretary for 
Environment, Health, Safety and Security, AU-1'' and adding in their 
place the words ``Director, Office of Environment, Health, Safety and 
Security at the following address Director, Office of Environment, 
Health, Safety and Security, EHSS-1'' in paragraph (b)(1); and
0
b. Removing the words ``Associate Under Secretary of Environment, 
Health, Safety and Security'' and adding in their place the words 
``Director, Office of Environment, Health, Safety and Security'' in 
paragraphs (b)(2), (d), and (e)(1) and (2).


Sec.  1045.190  [Amended]

0
48. Section 1045.190 is amended in paragraph (b) by removing ``AU-60'' 
and adding in its place ``EHSS-60''.


Sec.  1045.210  [Amended]

0
49. Section 1045.210 is amended by:
0
a. Removing the words ``Associate Under Secretary of Environment, 
Health, Safety and Security'' and adding in their place the words 
``Director, Office of Environment, Health, Safety and Security'' in 
paragraph (a); and
0
b. Removing the words ``Associate Under Secretary for Environment, 
Health, Safety and Security, AU-1'' and adding in their place the words 
``Director, Office of Environment, Health, Safety and Security, EHSS-
1'' in paragraph (b) introductory text.


Sec. Sec.  1045.215 and 1045.220  [Amended]

0
50. Sections 1045.215(a) and (b) and 1045.220(a) and (b) are amended by 
removing the words ``Associate Under Secretary of Environment, Health, 
Safety and Security'' and adding in their place the words ``Director, 
Office of Environment, Health, Safety and Security''.

PART 1046--MEDICAL, PHYSICAL READINESS, TRAINING, AND ACCESS 
AUTHORIZATION STANDARDS FOR PROTECTIVE FORCE PERSONNEL

0
51. The authority citation for part 1046 continues to read as follows:

    Authority: 42 U.S.C. 2011, et seq.; 42 U.S.C. 7101, et seq.; 50 
U.S.C. 2401, et seq.


Sec.  1046.2  [Amended]

0
52. Section 1046.2 is amended by:
0
a. Removing the words ``Associate Under Secretary for the Office of 
Environment, Health, Safety and Security (AU-1)'' and adding in their 
place the words ``Director, Office of Environment, Health, Safety and 
Security (EHSS-1)'' in paragraph (c);
0
b. Removing the words ``AU or its successor organization. AU-1'' and 
adding in their place the words ``EHSS or its successor organization. 
EHSS-1'' in paragraph (d); and
0
c. Removing from paragraph (e) the words:
0
i. ``Under Secretary for Science'' and adding in their place the words 
``Under Secretary for Science and Innovation''; and
0
ii. ``Associate Under Secretary for Environment, Health, Safety and 
Security'' and adding in their place the words ``Director, Office of 
Environment, Health, Safety and Security''.


Sec.  1046.3  [Amended]

0
53. Section 1046.3 is amended in the definitions of ``Designated 
Physician'' and ``Weapons proficiency demonstration'' by removing ``AU-
1'' and adding in its place ``EHSS-1''.


Sec.  1046.4  [Amended]

0
54. Section 1046.4 is amended in paragraphs (a)(1) introductory text, 
(a)(1)(iv), (a)(2) and (3), (b) introductory text, (d)(1) introductory 
text, (d)(2), and (e) through (g) by removing the ``AU-1'' and adding 
in its place ``EHSS-1''.


Sec.  1046.5  [Amended]

0
55. Section 1046.5 is amended in paragraph (c) by removing ``AU-1'' and 
adding in its place ``EHSS-1''.


Sec.  1046.13  [Amended]

0
56. Section 1046.13 is amended by:
0
a. Removing ``AU-1'' and adding in its place ``EHSS-1'' in paragraph 
(b)(3);
0
b. Removing the words ``Office of Health, Safety and Security'' and 
adding in their place the words ``Office of Environment, Health, Safety 
and Security'' in paragraph (f); and
0
c. Removing the words ``Chief Health, Safety and Security Officer'' and 
adding in their place the words ``Director, Office of Environment, 
Health, Safety and Security'' in paragraph (g)(1)(i).


Sec.  1046.15  [Amended]

0
57. Section 1046.15 is amended in paragraphs (c) introductory text, 
(c)(1) through (3), (c)(4) introductory text, (c)(4)(iii), (c)(5), 
(c)(6) introductory text, (c)(7) and (8), and (d) by removing ``AU-1'' 
and adding in its place ``EHSS-1'' wherever it appears.


Sec.  1046.17  [Amended]

0
58. Section 1046.17 is amended in paragraph (k)(6) by removing ``AU-1'' 
and adding in its place ``EHSS-1''.

[FR Doc. 2023-12461 Filed 6-23-23; 8:45 am]
BILLING CODE 6450-01-P