[The Regulatory Plan and Unified Agenda of Federal Regulatory and Deregulatory Actions]
[Department of Energy Regulatory Plan]
[From the U.S. Government Printing Office, www.gpo.gov]

Federal Register / Vol. 61, No. 231 / Friday, November 29, 1996 / The
                            Regulatory Plan

[[Page 62043]]

DEPARTMENT OF ENERGY (DOE)
Statement of Regulatory Priorities
The Department of Energy's (DOE's) 1996 regulatory plan reflects the 
Department's mission, priorities, and commitment to help create a 
Government that works better and costs less. In keeping with the 
Department's strategic plan and the President's regulatory reform 
initiatives, the following regulatory actions are highlighted:
 Energy efficiency standards for appliances and equipment;
 Radiation protection of the public, workers, and the 
            environment;
 Nuclear facilities safety management; and
 Contract reform.
Our Mission
The Department contributes to the Nation's welfare through its 
extraordinary scientific and technical capabilities in energy research, 
environmental remediation, and national security. The activities of the 
Department are focused on five mission areas: The promotion of 
industrial competitiveness, the development and efficient utilization 
of energy resources, the advancement of scientific research and 
technological leadership, the reduction of environmental risks, and the 
maintenance of our national security.
The regulatory initiatives summarized in this plan are integral to 
performing the Department's vital mission at reduced cost, while 
increasing the level of service to the American public.
Energy Efficiency Program for Consumer Products and Commercial 
Equipment
Consistent with the National Performance Review's recommendations on 
regulatory reform, the Department has continued to develop better ways 
of carrying out its rulemaking responsibilities. In particular, the 
Department has engaged in an intensive effort over the past year to 
address stakeholder concerns with its rulemaking process for adopting 
new appliance and equipment efficiency standards.
The Department published a final rule on July 15, 1996, to formalize 
the new procedures and policies that the Department will follow in 
establishing energy efficiency standards for appliances and equipment. 
The new process provides for greater public input and improved 
analytical approaches, encourages consensus-based standards that 
streamline the regulatory process, and reduces the time and cost of 
developing new standards. This rule is a major step toward making the 
development of new and revised efficiency standards as timely, 
effective, and equitable as possible.
The Department is also in the process of establishing an Advisory 
Committee on Appliance Energy Efficiency Standards to review annually 
the implementation of process improvements and the progress being made 
on updating appliance and equipment efficiency standards. The Advisory 
Committee will be composed of interested stakeholders and will be 
chaired by the Assistant Secretary for Energy Efficiency and Renewable 
Energy.
One key element of the new procedure is the systematic development of 
rulemaking priorities with input from stakeholders. At least annually, 
the Department will review, in consultation with interested parties, 
its priorities and schedules for all efficiency standards activities. 
The rulemaking process is dynamic, and the schedule for and specific 
actions taken in the conduct of a particular rulemaking may change due 
to factors such as new data or analytical results.
Appliances and equipment subject to energy efficiency standards and 
determinations have been categorized as high, medium, or low priority 
based on public input and the criteria listed in the procedural rule. 
The schedules in this Regulatory Plan and the Unified Agenda of Federal 
Regulatory and Deregulatory Actions reflect priorities established with 
significant input from the public.
The Department expects to take substantial action during fiscal year 
1997 with respect to the high priority items (i.e., distribution 
transformers, refrigerators and freezers, clothes washers, room air 
conditioners, fluorescent lamp ballasts, water heaters, and kitchen 
ranges, ovens, and microwaves). Additional information and timetables 
for these actions are presented below. Information concerning the 
medium priority items (i.e., small electric motors, residential central 
air conditioning, and central air conditioning heat pumps) and low 
priority products (i.e., high intensity discharge lamps, clothes 
dryers, dishwashers, mobile home furnaces, residential furnaces and 
boilers, pool heaters, direct heating equipment, 1-200 HP motors, and 
fluorescent and incandescent lamps) appears in the Long-Term Action 
section of the Unified Agenda.
Nuclear Safety Regulations
The Department is committed to openness and public participation as it 
faces one of its greatest challenges--managing the environment, health, 
and safety risks posed by its nuclear facilities. The two Department 
rulemakings on radiation protection (10 CFR parts 834 and 835) will 
establish additional reporting, monitoring, and discharge requirements 
and a dose limitation system for protecting the public and the 
Department's Federal and contractor workforce. The new nuclear safety 
management regulation (10 CFR part 830) will codify and strengthen 
requirements applicable to contractors and subcontractors who manage 
the Department's nuclear facilities.
In August 1995, the Department published a notice of limited reopening 
of the comment period to request public comments on the part 830 and 
part 834 rulemakings. The Department has made significant progress in 
resolving the hundreds of comments it received and has addressed many 
related issues raised by the Defense Nuclear Facilities Safety Board. 
Resolution of the remaining issues continues and the Department expects 
to complete final action on these rules by the end of this calendar 
year. The Department expects to issue in the next few weeks a notice of 
proposed rulemaking to amend part 835.
Contract Reform
In February 1994, the Department issued its report on contract reform, 
Making Contracting Work Better and Cost Less, which recommended a 
number of changes principally in areas affecting the Department's 
management and operating contractors. The Department has taken three 
steps to implement the proposed reforms:
 In a final rule published on September 26, 1995, the 
            Department relieved its contractors from the prescriptive 
            tenets of Federal procurement practices (i.e., ``Federal 
            norm'') and allowed them to employ more efficient 
            commercial business practices.
 In an interim final rule published on June 24, 1996, the 
            Department changed its long-standing policy regarding 
            competition for its management and operating contracts. 
            Under the previous policy, contracts were usually extended. 
            This rulemaking establishes competition as the norm for 
            these contracts by

[[Page 62044]]

            affirming the Department's commitment to competition 
            through a reliance on Governmentwide authorities, rather 
            than unique Department of Energy authorities.
 On June 24, 1996, the Department also published a proposed 
            rule to implement the Department's commitment to 
            performance-based contracting. This results-oriented 
            approach will replace the inefficient, process-driven 
            command and control paradigm utilized in the past.
The Department's Contract Reform Initiative is already bearing fruit. 
On August 6, 1996, the Secretary announced the award of $11 billion in 
performance-based contracts. These new contracts will save the 
Department and the American taxpayers $500 million per year over the 
next 5 years and will speed waste cleanup at sites in the States of 
Washington and South Carolina.
Regulatory Reform
The Department is committed to making its regulations less burdensome, 
more cost-effective, and more responsive to the needs of our 
stakeholders. In July 1994, the Secretary of Energy approved sweeping 
changes to the Department's rulemaking process. Based on results of an 
employee quality team review, these changes were designed to streamline 
the Department's rulemaking process, to improve the quality of the 
Department's rules, and to enhance the public's participation. 
Improvements have continued, as reflected in the energy efficiency 
program rulemaking noted above.
The President's Regulatory Reform Initiative announced in February 1995 
directed Federal agencies to review their regulations and determine 
which could be eliminated or modified. Agencies were asked to conduct a 
``page-by-page'' review of existing regulations and to establish plans 
for eliminating or reinventing existing regulations. The Department 
integrated the President's directive with an ongoing internal 
initiative to target existing regulations for modification or 
elimination. These targets were established through public comments on 
two notices in the Federal Register.
In the Department's June 1995 report to the President and reiterated in 
its 1995 regulatory plan, the Department set the following goals: 726 
pages of regulations, or 33 percent of all departmental regulations, 
were targeted for elimination; and 1206 pages, or 55 percent of all 
departmental regulations, were targeted for reinvention. The Department 
is pleased to report that each of these targets has been met. To date, 
the Department has taken proposed or final action to eliminate 729 
pages, or 100 percent of its goal, and to reinvent 1220 pages, or 101 
percent of its goal.
The result of the President's leadership, the Department's commitment, 
and the public's involvement has been a clear improvement in the 
Department's regulatory program. The Department views these 
improvements as a significant milestone in a continuing process to 
improve the design and operation of its regulatory programs through, 
among other things, periodic reviews of its existing regulations. The 
Department continues to pursue its goal of more effective, less 
burdensome, and more cost-effective regulations. Examples of recent 
improvements include the following:
 State Energy Program. On July 8, 1996, the Department 
            published an interim final rule to consolidate the State 
            Energy Conservation Program and the Institutional 
            Conservation Program. These programs provided grants to the 
            States and institutions, such as schools and hospitals, for 
            a variety of energy conservation measures. Under the 
            consolidated program, the Department will no longer make 
            grants directly to individual institutions but will provide 
            block-like grants to the States for their administration. 
            The rule also removes the prescriptive energy audit 
            procedures that conflict with the President's regulatory 
            reform program. The States will benefit both from having 
            greater control and increased flexibility in the use of the 
            grant monies. This action was taken in direct response to 
            public recommendations on possible improvements in the 
            Department's regulatory programs.
 National Environmental Policy Act Implementing Regulation. On 
            July 8, 1996, the Department published a final rule 
            amending its regulation governing compliance with the 
            National Environmental Policy Act (NEPA). By streamlining 
            the process, the amendments will reduce the Department's 
            costs and document preparation time without sacrificing 
            quality. This step is part of an overall plan to save $26 
            million in the Department's NEPA compliance process over 5 
            years. This action was taken in direct response to public 
            recommendations on possible improvements in the 
            Department's regulatory programs.
 Procurement Regulations. Approximately 3 years ago, the 
            Department began an aggressive effort to review and 
            streamline its acquisition process with the objective of 
            cutting the Department of Energy Acquisition Regulations in 
            half. With the last of three procurement rulemakings 
            published on August 9, 1996, the Department achieved its 
            goal. Over 170 pages of regulations containing excessive 
            and obsolete prescriptive requirements for awarding and 
            administering contracts have been eliminated. As a result, 
            the Department's ability to obtain high quality goods and 
            services on time and at reasonable prices has been 
            enhanced.
 Financial Assistance Regulation. On February 26, 1996, the 
            Department published a final rule that reduced the number 
            of steps required for award and administration for many 
            financial assistance actions and the length of time 
            typically required for an applicant to receive an award, to 
            extend an existing award, or to complete all paperwork on 
            expired awards. This was accomplished by raising internal 
            thresholds for approvals, eliminating delays in making 
            awards, and reducing reporting and closeout procedures. 
            This new regulation will apply to approximately $1.7 
            billion in grants and cooperative agreements that the 
            Department makes each year.
 Departmental Directive Reduction Initiative. DOE directives 
            provide formal communication of the expectations for 
            performance of work within the Department by Federal 
            employees and contractors. By 1991, the system included 312 
            overly-prescriptive, duplicative, and, often times, 
            burdensome directives and a development and approval 
            process that sometimes took over 3 years to issue a 
            document. These directives and the lengthy development 
            process were barriers to efficient work performance in the 
            Department. To address the problem, the Department 
            redesigned its directive system based on customer input and 
            began implementation in December 1993. The Department also 
            began several reduction efforts. As a result, the number of 
            directives were halved from 312 to 156 by September 1995, 
            representing a 67 percent reduction in the number of pages 
            (from 7,200 to 2,400). Furthermore, the Department expects 
            to have completed an additional 10 percent reduction by 
            September 30, 1996, bringing the total number of directives 
            down to 140.

[[Page 62045]]

            The final result of this initiative will be a streamlined 
            and more flexible system of internal management that will 
            result in significant dollar savings; indeed, the estimated 
            annual savings from revisions to the Department's asset 
            management program alone is $48 million.
 Information Collection Burden Reduction. As of September 1995, 
            the estimated burden imposed by the Department's 
            information collections totaled approximately 5.6 million 
            hours. About 85 percent of the total represented 
            information collections related to procurement activities 
            and the management of the Department's contractor-operated 
            facilities. The remaining 15 percent was associated with 
            various statistical and energy data collections. Through 
            the elimination and streamlining of regulations and 
            internal directives, the Department has reduced the 
            estimated burden of its information collections by 
            approximately 610,000 hours or nearly 11 percent. This is 
            an area that will be emphasized in future reform 
            initiatives to reduce burden and cost to American 
            taxpayers.
_______________________________________________________________________
DOE--Energy Efficiency and Renewable Energy (EE)

                              -----------

                            FINAL RULE STAGE

                              -----------

21. ENERGY EFFICIENCY STANDARDS AND DETERMINATIONS FOR HIGH PRIORITY 
APPLIANCES AND EQUIPMENT
Priority:


Economically Significant. Major under 5 USC 801.


Unfunded Mandates:


This action may affect the private sector under PL 104-4.


Reinventing Government:


This rulemaking is part of the Reinventing Government effort. It will 
revise text in the CFR to reduce burden or duplication, or streamline 
requirements.


Legal Authority:


 42 USC 6295; 42 USC 6313


CFR Citation:


 10 CFR 430.32


Legal Deadline:


Final, Statutory, January 1, 1992, for Room Air Conditioners, 
Fluorescent Lamp Ballasts, Water Heaters, Kitchen Ranges,Ovens, and 
Microwaves.


Final, Statutory, November 17, 1994, for Refrigerators,Refrigerator-
Freezers, and Freezers.


Other, Statutory, April 25, 1995, Determination for 
ElectricDistribution Transformers.


Final, Statutory, May 14, 1996, for Clothes Washers.


Abstract:


This is the initial review of the statutory standards for fluorescent 
lamp ballasts, room air conditioners, and kitchen ranges, ovens and 
microwave ovens to determine whether standards need to be amended. This 
is the second reanalysis of the standard levels for refrigerators, 
refrigerator-freezers and freezers, and clothes washers. A 
determination will be made to decide whether a standards rulemaking 
should be pursued for electric distribution transformers. These actions 
are covered by RINs 1904-AA38, 1904-AA47, 1904-AA67, 1904-AA75, 1904-
AA75, 1904-AA76, 1904-AA84, and 1904-AA85.


Statement of Need:


These rulemakings are required by statute. Experience has shown that 
the choice of residential appliances and commercial equipment being 
purchased by both builders and building owners is based on the initial 
cost rather than on life-cycle costs. Thus, the law requires minimum 
efficiency standards for appliances and equipment to eliminate 
inefficient products from the market.


Summary of the Legal Basis:



The Energy Policy and Conservation Act (EPCA), as amended, establishes 
initial energy-efficiency standard levels for most types of major 
residential appliances and certain types of commercial equipment and 
generally requires DOE to undergo rulemakings, at specified times, to 
determine whether the standard for a covered product should be made 
more stringent.


Alternatives:



The statute requires the Department to conduct rulemakings to review 
standards and to revise standards to achieve the maximum improvement in 
energy efficient that the Secretary determines is technologically 
feasible and economically justified. In making this determination, the 
Department conducts a thorough analysis of alternative standard levels, 
including the existing standard, based on criteria specified by 
statute. The process improvements that were recently announced (61 FR 
36974, July 15, 1996) will further enhance the appliance standards 
development process. For instance, under this process, the Department 
will use stakeholders and private sector technical experts to review 
its analyses of the likely impacts, costs and benefits of alternative 
standard levels.
Before implementing efficiency standards, the Department will solicit 
and consider information on non-regulatory approaches for encouraging 
the purchase of energy efficient products. For example, the Department 
is now considering possible non-regulatory approaches to more stringent 
energy efficiency standards for fluorescent lamp ballasts. The 
Department also plans to consider the effectiveness of efforts to 
promote high-efficiency furnaces and boilers for regional and new 
construction applications prior to updating standards for these 
products. In addition, the Department will be working actively with 
stakeholders to determine whether standards are warranted for 
distribution transformers.


Anticipated Costs and Benefits:



The specific costs and benefits for these rulemakings have not been 
established because the final standard levels have not been determined. 
Nevertheless, existing appliance standards are projected to save 23 
quadrillion Btu's from 1993 to 2015, resulting in estimated consumer 
savings of $1.7 billion per year in 2000 and estimated annual emissions 
reductions of 107 million tons of carbon dioxide and 280 thousand tons 
of nitrogen oxides that year. Under the existing standards, the 
discounted energy savings for consumers are 2.5 times greater than the 
up front price premium paid for the appliance.


Risks:



Without appliance standards, energy use will continue to increase, with 
resulting damage to the environment caused by atmospheric emissions. 
Enhancing appliance energy efficiency reduces atmospheric emissions 
such as CO2 and NOx. Establishing standards that are too stringent 
could result in excessive increases in the cost of the product, 
possible reductions in product utility and may place an undue burden on 
manufacturers that could result in loss of jobs or other economic 
impacts.

[[Page 62046]]




Timetable:
_______________________________________________________________________
Clothes Washers (RIN:1904-AA67)
ANPRM 11/14/94 (60 FR 56423)
Screening Workshop 11/00/96
Supplemental ANPRM 04/00/97
Impact Workshop 06/00/97
NPRM 04/00/98
Final Action 10/00/98
Electric Distribution Transformers (RIN:1904-AA85)
Workshop 01/00/97
Notice of Determination 05/00/97
Fluorescent Lamp Ballasts (RIN:1904-AA75)
ANPRM 09/28/90 (55 FR 39624)
NPRM 03/04/94 (59 FR 10464)
Impact Workshop 12/00/96
Revised NPRM 09/00/97
Final Action 03/00/98
Kitchen Ranges, Ovens and Microwaves (RIN:1904-AA84)
ANPRM 09/28/90 (55 FR 39624)
NPRM 03/04/94 (59 FR 10464)
Final Action 06/00/97
Refrigerators, Refrigerator-Freezers and Freezers (RIN:1904-AA47)
ANPRM 09/08/93 (58 FR 47326)
NPRM 07/20/95 (60 FR 37338)
Final Action 11/00/96
Room Air Conditioners (RIN:1904-AA38)
ANPRM 09/28/90 (55 FR 39624)
NPRM 03/04/94 (59 FR 10464)
Final Action 01/00/97
Water Heaters (RIN:1904-AA76)
ANPRM 09/28/90 (55 FR 39624)
NPRM 03/04/94 (59 FR 10464)
Screening Workshop 05/00/97
Notice of Availability 09/00/97
Impact Workshop 11/00/97
Reissue NPRM 06/00/98
Final Action 12/00/98
Small Entities Affected:


None


Government Levels Affected:


State, Local


Agency Contact:
Michael McCabe
Director
Office of Codes and Standards
Department of Energy
Energy Efficiency and Renewable Energy
1000 Independence Ave. SW.
Washington, DC 20585
Phone: 202 586-9124
RIN: 1904-AA38
_______________________________________________________________________
DOE--Departmental and Others (ENDEP)

                              -----------

                          PROPOSED RULE STAGE

                              -----------

22. OCCUPATIONAL RADIATION PROTECTION--AMENDMENT
Priority:


Other Significant


Legal Authority:


 42 USC 2201; 42 USC 7191


CFR Citation:


 10 CFR 835


Legal Deadline:


None


Abstract:


10 CFR part 835 establishes the basic requirements for DOE contractor 
and subcontractor activities to ensure radiation protection of 
occupational workers at DOE facilities. See 58 FR 65458 (December 14, 
1993). The proposed amendment to Part 835 would include several items 
not previously covered such as sealed radioactive source accountability 
and control, and surface contamination values for tritium. Sealed 
source accountability and control requirements currently appear in DOE 
Notice 5400.9, and tritium surface radioactivity values in the 
Radiation Control (RADCON) Manual. This rulemaking stems from DOE's 
ongoing effort to strengthen the protection of health and safety from 
the nuclear and radiological hazards posed by these DOE facilities.
We are reviewing this action in the context of DOE's recently announced 
accelerated DOE Order Reduction Initiative. This is to ensure both 
consistency of approach and consultation with DOE stakeholders.


Statement of Need:


The purpose of this rule is to ensure that the Department's obligation 
to protect health and safety is fulfilled and to provide, if needed, a 
basis for the assessment of civil and criminal penalties consistent 
with the Price-Anderson Amendments Act of 1988.


Summary of the Legal Basis:


Under the Atomic Energy Act 0f 1954, as amended, the Department has the 
authority to regulate activities at facilities under its jurisdiction. 
The Department is committed to honoring its obligation to ensure the 
health and safety of the public and workers affected by its operations 
and the protection of the environs around its facilities.


Alternatives:


The Department could continue to impose protection standards through 
directives made applicable to its contractors through the terms of 
their contracts.


Anticipated Costs and Benefits:


The incremental costs of the proposed rules should be minimal because 
contractors are currently bound by comparable contractural obligations. 
Full compliance by contractors with nuclear safety standards will 
result in substantial societal benefits.


Risks:


This rulemaking should reduce the risk of nuclear safety problems by 
clarifying safety requirements applicable to DOE contractors and 
improving performance.


Timetable:
_______________________________________________________________________
Action                                 DFR Cite

_______________________________________________________________________
NPRM                                                           10/00/96
Final Action                                                   04/00/97
Small Entities Affected:


None


Government Levels Affected:


Federal


Agency Contact:
Joel Rabovsky
Health Physicist (EH-52)
Office of Worker Protection and Hazards Mgmt
Department of Energy
19901 Germantown Rd.
Germantown, MD 20874-1290
Phone: 301 903-2135
RIN: 1901-AA59
_______________________________________________________________________
DOE--ENDEP

                              -----------

                            FINAL RULE STAGE

                              -----------

23. NUCLEAR SAFETY MANAGEMENT
Priority:


Other Significant


Reinventing Government:


This rulemaking is part of the Reinventing Government effort. It will 
revise text in the CFR to reduce burden or duplication, or streamline 
requirements.


Legal Authority:


 42 USC 2201; 42 USC 7191


CFR Citation:


 10 CFR 830


Legal Deadline:


None


Abstract:


This action will add regulations under 10 CFR 830 to establish nuclear 
safety

[[Page 62047]]

management requirements for the Department's nuclear facilities. These 
requirements stem from the Department's obligations to assure adequate 
protection and to hold contractors who manage and operate these 
facilities accountable and responsible for safe operations. Under phase 
1 of this action, major requirements will include conduct of 
operations, safety analysis reports, technical safety requirements 
training, maintenance, unreviewed safety questions and occurrence 
reporting. Under phase 2 of this action, major requirements will 
include nuclear design criteria, fire protection, natural phenomena 
hazards mitigation, and nuclear criticality safety. An initial phase 
adopted a quality assurance rule and definitions.


Statement of Need:


The purpose of this rule is to ensure that the Department's obligation 
to protect health and safety is fulfilled and to provide, if needed, a 
basis for the assessment of civil and criminal penalties consistent 
with the Price-Anderson Amendments Act of 1988. This action is 
consistent with the Department's commitment to the issuance of all new 
nuclear safety requirements to using notice and comment rulemaking.


Summary of the Legal Basis:


Under the Atomic Energy Act of 1954, as amended, the Department of 
Energy has the authority to regulate activities at facilities under its 
jurisdiction. The Department is committed to honoring its obligation to 
ensure the health and safety of the public and workers affected by its 
operations.


Alternatives:


The Department could continue to impose nuclear safety requirements 
through directives made applicable to DOE contractors through the terms 
of their contracts.


Anticipated Costs and Benefits:


The incremental costs of the proposed rules should be minimal because 
contractors are currently bound by comparable contractual obligations. 
Full compliance by contractors with nuclear safety standards will 
result in substantial societal benefits.


Risks:


This rulemaking should reduce the risk of nuclear safety problems by 
clarifying safety requirements applicable to DOE contractors and 
improving compliance.


Timetable:
_______________________________________________________________________
Initial Phase
NPRM 12/09/91 (56 FR 64316)
Final Action 04/05/94 (59 FR 15843)
Phase 1
NPRM 12/09/91 (56 FR 64316)
Notice Reopening Comment Period 08/31/95 (60 FR 45381)
Final Action 12/00/96
Phase 2
NPRM 03/00/97
Final Action 03/00/98
Small Entities Affected:


None


Government Levels Affected:


None


Agency Contact:
Richard Stark
Nuclear Safety and Policy Standards (EH-31)
Department of Energy
Washington, DC 20545
Phone: 301 903-4407
RIN: 1901-AA34
_______________________________________________________________________
DOE--ENDEP
24. RADIATION PROTECTION OF THE PUBLIC AND THE ENVIRONMENT
Priority:


Other Significant


Legal Authority:


 42 USC 2201; 42 USC 7191


CFR Citation:


 10 CFR 834


Legal Deadline:


None


Abstract:


This action would add a new 10 CFR 834 to DOE's regulations 
establishing a body of rules setting forth the basic requirements for 
ensuring radiation protection of the public and environment in 
connection with DOE nuclear activities. These requirements stem from 
the Department's ongoing effort to strengthen the protection of health, 
safety, and the environment from the nuclear, radiological, and 
chemical hazards posed by these DOE activities. Major elements of the 
proposal included a dose limitation system for protection of the 
public, requirements for liquid discharges; reporting and monitoring 
requirements; and residual radioactive material requirements.


Statement of Need:



The purpose of this rule is to ensure that the Department's obligation 
to protect health and safety is fulfilled and to provide, if needed, a 
basis for the assessment of civil and criminal penalties consistent 
with the Price-Anderson Amendments Act of 1988. This action is 
consistent with the Department's commitment to the issuance of all new 
nuclear safety requirements using notice and comment rulemaking.


Summary of the Legal Basis:



Under the Atomic Energy Act of 1954, as amended, the Department of 
Energy has the authority to regulate activities at facilities under its 
jurisdiction. The Department is committed to honoring its obligation to 
ensure the health and safety of the public and workers affected by its 
operations and the protection of the environs around its facilities.


Alternatives:



The Department could continue to impose nuclear safety requirements 
through directives made applicable to DOE contractors through the terms 
of their contracts.


Anticipated Costs and Benefits:



The incremental costs of the proposed rules should be minimal because 
contractors are currently bound by comparable contractual obligations. 
Full compliance by contractors with nuclear safety standards will 
result in substantial societal benefits.


Risks:



This rulemaking should reduce the risk of nuclear safety problems by 
clarifying safety requirements applicable to DOE contractors and 
improving compliance.


Timetable:
_______________________________________________________________________
Action                                 DFR Cite

_______________________________________________________________________
NPRM            58 FR 16268                                    03/25/93
NPRM Comment Period End                                        06/22/93
Final Action                                                   10/00/96
Small Entities Affected:


None


Government Levels Affected:


Federal

[[Page 62048]]

Agency Contact:
Andrew Wallo, III, Director
Air, Water and Radiation Div. (EH-232)
Office of Environmental Guidance
Department of Energy
U.S. Department of Energy
1000 Independence Avenue SW.
Washington, DC 20585
Phone: 202 586-4996
RIN: 1901-AA38
_______________________________________________________________________
DOE--Office of Procurement and Assistance Management (PR)

                              -----------

                            FINAL RULE STAGE

                              -----------

25. CONTRACT REFORM
Priority:


Other Significant


Reinventing Government:


This rulemaking is part of the Reinventing Government effort. It will 
revise text in the CFR to reduce burden or duplication, or streamline 
requirements.


Legal Authority:


 42 USC 2201; 42 USC 7254


CFR Citation:


 48 CFR 970


Legal Deadline:


None


Abstract:


This action would amend the Department of Energy Acquisition Regulation 
to implement certain key recommendations of the Department's contract 
reform initiative. Changes are made to the following areas: fines, 
penalties, third-party liability and property liability; requirements 
for contractor make-or-buy plans; payment of fee; laws, regulations, 
and Department directives; environment; ownership of records; and 
contractor overtime. A related action, RIN 1991-AB09 on Competition for 
Management and Operating Contracts, completes the Department's contract 
reform changes.


Statement of Need:


The purpose of this rule is to place into regulation those new 
policies, and changes to existing policies, to strengthen the 
management of the Department's management and operating contracts.


Summary of the Legal Basis:


Under section 161 of the Atomic Energy Act of 1954 (42 U.S.C. 2201) and 
section 644 of the Department of Energy Organization Act, Public Law 
95-91 (42 U.S.C. 7254), the Department of Energy has the authority to 
enter into and perform contracts necessary to carry out functions 
vested in the Department and to prescribe such rules and regulations 
necessary to manage these contract activities.


Alternatives:


The Department could rely on the Federal Acquisition Regulation to 
describe regulatory requirements for contracts without addressing the 
unique historical relationship that the Department has with its 
contractors.


Anticipated Costs and Benefits:


This action should save the Government costs, make contractors more 
accountable for their performance, and improve the quality of work 
performed through performance, and improve the quality of work 
performed through the Department's management and operating contracts.


Risks:


This rulemaking should reduce the risk that the Government does not 
receive reasonable value for work performed through management and 
operating contracts.


Timetable:
_______________________________________________________________________
Action                                 DFR Cite

_______________________________________________________________________
NPRM            61 FR 32588                                    06/24/96
NPRM Comment Period End                                        08/23/96
Final Action                                                   02/00/97
Small Entities Affected:


Undetermined


Government Levels Affected:


Undetermined


Procurement:


This is a procurement-related action for which there is no statutory 
requirement. There is no paperwork burden associated with this action.


Agency Contact:
Connie Fournier
Procurement Analyst
Department of Energy
Office of Procurement and Assistance Management
1000 Independence Avenue SW.
Washington, DC 20585
Phone: 202 586-8245
Fax: 202 586-0545
RIN: 1991-AB28
BILLING CODE 6450-01-F