[Federal Register Volume 88, Number 225 (Friday, November 24, 2023)]
[Rules and Regulations]
[Pages 82237-82238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25923]


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DEPARTMENT OF ENERGY

10 CFR Part 1045

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


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

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

ACTION: Final rule; correction.

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SUMMARY: On June 26, 2023, the U.S. Department of Energy (DOE) issued a 
final rule that inadvertently contained inaccurate amendatory 
instructions so that the revisions in certain sections of the Code of 
Federal Regulations (CFR) could not be made. This document corrects the 
CFR.

DATES: Effective November 24, 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

    On February 10, 2022, DOE updated its organizational structure and 
changed certain titles and reporting duties within DOE's Office of 
Environment, Health, Safety and Security (EHSS). Certain of the EHSS's 
functions are subject to regulations in title 10 of the CFR. As a 
result of the changes, title 10 of the CFR contained references to DOE 
organizational names and positions that are no longer current. On June 
26, 2023, DOE issued a final rule that made amendments to 10 CFR parts 
602, 710, 712, 725, 835, 850, 851, 1016, 1017, 1045, and 1046 to 
reflect the new titles and organizational names. 88 FR 41289.

II. Need for Correction

    One of the changes DOE made in its June 26, 2023, amendments was to 
change the title of the ``Associate Under Secretary for Environment, 
Health, Safety and Security'' (also referred to as the ``Associate 
Under Secretary of Environment, Health, Safety and Security'' in 10 CFR 
part 1045) to the ``Director, Office of Environment, Health, Safety and 
Security'' in 10 CFR parts 602, 710, 712, 835, 850, 851, 1016, 1045, 
and 1046. However, the rulemaking inadvertently contained inaccurate 
amendatory instructions at 10 CFR 1045.80, 1045.180, 1045.210, 
1045.215, and 1045.220 such that all the revisions in 10 CFR part 1045 
could not be made.
    The purpose of this final rule technical correction is to correct 
references to the ``Associate Under Secretary of Environment, Health, 
Safety and Security'' and the ``Associate Under Secretary for 
Environment, Health, Safety and Security'' and instead reference the 
``Director, Office of Environment, Health, Safety and Security'' in 10 
CFR part 1045.

[[Page 82238]]

III. Procedural Issues and Regulatory Review

    DOE has concluded that the determinations made pursuant to the 
various procedural requirements applicable to the June 26, 2023, final 
rule remain unchanged for this final rule technical correction. These 
determinations are set forth in the June 26, 2023, final rule. 88 FR 
41289.
    Pursuant to the Administrative Procedure Act, 5 U.S.C. 553(b), DOE 
finds that there is good cause to not issue a separate notice to 
solicit public comment on the changes contained in this document. 
Neither the errors nor the corrections in this document affect the 
substance of the June 26, 2023, final rule or any of the conclusions 
reached in support of the final rule. For these reasons, this rule is 
not subject to the 30-day delay in effective date requirement of 5 
U.S.C. 553(d) otherwise applicable to rules that make substantive 
changes.

IV. Approval by the Office of the Secretary of Energy

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

List of Subjects in 10 CFR Part 1045

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

Signing Authority

    This document of the Department of Energy was signed on November 
14, 2023, by David Turk, Deputy 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 November 20, 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 
corrects part 1045 of chapter X of title 10 of the Code of Federal 
Regulations by making the following correcting amendments:

PART 1045--NUCLEAR CLASSIFICATION AND DECLASSIFICATION

0
1. 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.  1045.80  [Amended]

0
2. Amend Sec.  1045.80 in paragraph (a) 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''.


Sec.  1045.180  [Amended]

0
3. Amend Sec.  1045.180 in paragraphs (b)(2), (d), and (e)(1) and (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.  1045.210  [Amended]

0
4. Amend Sec.  1045.210 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.  1045.215  [Amended]

0
5. Amend Sec.  1045.215 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 (a); and
0
b. Removing the words ``Associate Under Secretary for Environment, 
Health, Safety and Security's'' and adding in their place the words 
``Director, Office of Environment, Health, Safety and Security's'' in 
paragraph (b).


Sec.  1045.220  [Amended]

0
6. Amend Sec.  1045.220 in paragraphs (a) and (b) 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''.

[FR Doc. 2023-25923 Filed 11-22-23; 8:45 am]
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