Technical Amendments: Transfer of Office Functions and Removal of Obsolete Regulations, 68727-68738 [E6-20104]

Agencies

• DEPARTMENT OF ENERGY

[Federal Register Volume 71, Number 228 (Tuesday, November 28, 2006)]
[Rules and Regulations]
[Pages 68727-68738]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-20104]



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Federal Register / Vol. 71, No. 228 / Tuesday, November 28, 2006 / 
Rules and Regulations

[[Page 68727]]



DEPARTMENT OF ENERGY

10 CFR Parts 602, 710, 712, 725, 820, 824, 835, 850, 851, 852, 861, 
862, 871, 1004, 1008, 1016, 1017, 1021, 1044, 1045, 1046, and 1049

RIN 1901-AB22


Technical Amendments: Transfer of Office Functions and Removal of 
Obsolete Regulations

AGENCY: Department of Energy (DOE).

ACTION: Final rule; technical amendment.

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

SUMMARY: DOE has created a new Office of Health, Safety and Security to 
strengthen and improve formulation and implementation of health, safety 
and security policy. Incident to creation of the new office, DOE has 
transferred certain health, safety and security functions to the new 
office that previously were carried out by the Office of Environment, 
Safety and Health and the Office of Security and Safety Performance 
Assurance. Certain functions related to DOE's responsibilities under 
the National Environmental Policy Act have been transferred to the 
Office of the General Counsel. Other functions outside of the core 
mission of health, safety and security have been transferred to other 
DOE offices performing similar or related functions. This notice of 
final rulemaking makes technical amendments to DOE's regulations to 
substitute the officials to whom or offices to which functions have 
been transferred pursuant to the reorganization of offices and 
functions. DOE also is removing Office of Environment, Safety and 
Health regulations in 10 CFR part 852 because Congress has transferred 
that authority to the Department of Labor. Today's regulatory 
amendments do not alter substantive rights or obligations under current 
law.

DATES: Effective Date: This rule is effective on November 28, 2006.

FOR FURTHER INFORMATION CONTACT: Stephen Duarte, Office of the General 
Counsel, GC-71, 1000 Independence Avenue, SW., Washington, DC 20585; 
steve.duarte@hq.doe.gov; 202-586-2951.

SUPPLEMENTARY INFORMATION:

I. Introduction

    DOE has created a new office to strengthen and improve the health, 
safety, and security of DOE workers, facilities and the public. The new 
office, called the Office of Health, Safety and Security (HSS), will 
help formulate and implement health, safety, environmental, and 
security policy for DOE, provide assistance to DOE sites, conduct 
oversight through rigorous field inspections, and carry out enforcement 
activities previously carried out by the Offices of Environment, Safety 
and Health (EH) and Security and Safety Performance Assurance (SSA). 
HSS is led by a Chief Health, Safety and Security Officer who reports 
directly to the Secretary of Energy.
    The HSS office has nine offices dedicated to health, safety and 
security, which include the Office of Health and Safety; Office of 
Nuclear Safety and Environment; Office of Corporate Safety Analysis; 
Office of Enforcement; Office of Independent Oversight; Office of 
Security Policy; Office of Security Technology and Assistance; Office 
of Classification; and the National Training Center. In addition, HSS 
now includes the Office of the Departmental Representative to the 
Defense Nuclear Facilities Safety Board and the Office of Security 
Operations.
    Functions that were performed by EH or SSA but which are outside 
the core mission of health, safety and security have been transferred 
to other DOE program offices performing similar or related functions. 
The DOE Office of National Environmental Policy Act (NEPA) Policy and 
Compliance has been transferred to the Office of the General Counsel. 
DOE's continuity of government program and support for technical review 
of authorization basis documents, previously performed by SSA, has been 
transferred to DOE's National Nuclear Security Administration (NNSA). 
Support of safety regulations for newly constructed facilities and new 
start projects are now the responsibility of the Office of the Under 
Secretary for Energy, and for new NNSA facilities, the Office of the 
Under Secretary for Nuclear Security. Management of the Radiological 
Environment Science Laboratory has been transferred to the Office of 
Nuclear Energy and the management of the New Brunswick Laboratory has 
been transferred to the Office of Science to better align those 
activities with their current programmatic functions. The Office of 
Management will assume non-safety related quality assurance program 
elements and the management of DOE's foreign travel and exchange 
visitor program.
    Certain of the functions that were transferred to HSS and the NEPA 
functions that were transferred to the Office of the General Counsel 
are subject to regulations in title 10 of the Code of Federal 
Regulations. As a result of the transfers, title 10 of the Code of 
Federal Regulations contains references to DOE program offices and 
positions that are no longer extant. Today's final rule amends title 10 
of the Code of Federal Regulations to reflect DOE's new organizational 
structure and to update addresses that are no longer correct. In 
addition, DOE takes this opportunity to remove regulations in 10 CFR 
part 852 made obsolete by the repeal of the statute that authorized 
those regulations. None of the regulatory amendments in this notice of 
final rulemaking alter substantive rights or obligations under current 
law.
    This final rule has been approved by the Office of the Secretary of 
Energy.

II. Procedural Requirements

A. Review Under Executive Order 12866

    Today's regulatory action has been determined not to be ``a 
significant regulatory action'' under Executive Order 12866, 
``Regulatory Planning and Review,'' 58 FR 51735 (October 4, 1993). 
Accordingly, this action was not subject to review under that Executive 
Order by the Office of Information and Regulatory Affairs of the Office 
of Management and Budget (OMB).

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

[[Page 68728]]

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 Web site: https://
www.gc.doe.gov.
    The regulatory amendments in this notice of final rulemaking 
reflecting transfers of functions and address changes relate 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 (5 U.S.C. 553). 
Furthermore, it is unnecessary to propose removal of 10 CFR part 852 
for public comment because the statutory authority for it has been 
repealed. Consequently, this rulemaking is exempt from the requirements 
of the Regulatory Flexibility Act.

C. Review Under the Paperwork Reduction Act

    This final rule does not impose a collection of information 
requirement subject to the Paperwork Reduction Act (44 U.S.C. 3501 et 
seq.).

D. Review Under the National Environmental Policy Act

    DOE has concluded that promulgation of this rule falls into a class 
of actions that would not individually or cumulatively have a 
significant impact on the human environment, as determined by DOE's 
regulations implementing the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.). Specifically, this rule amends existing 
regulations without changing the environmental effect of the 
regulations being amended, and, therefore, is covered under the 
Categorical Exclusion in paragraph A5 of Appendix A to subpart D, 10 
CFR part 1021. Accordingly, neither an environmental assessment nor an 
environmental impact statement is required.

E. 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 today's rule and has determined that it does 
not preempt State law and does 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.

F. 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; and (3) provide a clear legal 
standard for affected conduct rather than a general standard and 
promote simplification and burden reduction. Section 3(b) of Executive 
Order 12988 specifically requires that Executive agencies make every 
reasonable effort to ensure that the regulation: (1) Clearly specifies 
the preemptive effect, if any; (2) clearly specifies any effect on 
existing Federal law or regulation; (3) provides a clear legal standard 
for affected conduct while promoting simplification and burden 
reduction; (4) specifies the retroactive effect, if any; (5) adequately 
defines key terms; and (6) addresses other important issues affecting 
clarity and general draftsmanship under any guidelines issued by the 
Attorney General. Section 3(c) of Executive Order 12988 requires 
Executive agencies to review regulations in light of applicable 
standards in section 3(a) and section 3(b) to determine whether they 
are met or it is unreasonable to meet one or more of them. DOE has 
completed the required review and determined that, to the extent 
permitted by law, this final rule meets the relevant standards of 
Executive Order 12988.

G. Review Under the Unfunded Mandates Reform Act of 1995.

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to assess the effects of a Federal 
regulatory action on State, local, and tribal governments, and the 
private sector. DOE has determined that today's regulatory action does 
not impose a Federal mandate on State, local or tribal governments or 
on the private sector.

H. Review Under the Treasury and General Government Appropriations Act, 
1999

    Section 654 of the Treasury and General Government Appropriations 
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family 
Policymaking Assessment for any rule that may affect family well-being. 
This 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.

I. Review Under the Treasury and General Government Appropriations Act, 
2001

    The Treasury and General Government Appropriations Act, 2001 (44 
U.S.C. 3516, note) provides for agencies to review most disseminations 
of information to the public under guidelines established by each 
agency pursuant to general guidelines issued by OMB. OMB's guidelines 
were published at 67 FR 8452 (February 22, 2002), and DOE's guidelines 
were published at 67 FR 62446 (October 7, 2002). DOE has reviewed 
today's notice under the OMB and DOE guidelines and has concluded that 
it is consistent with applicable policies in those guidelines.

J. 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 
Office of Information and Regulatory Affairs (OIRA), Office of 
Management and Budget, a Statement of Energy Effects for any proposed 
significant energy action. A ``significant energy action'' is defined 
as any action by an agency that promulgated or is expected to lead to 
promulgation of a final rule, and that: (1) Is a significant regulatory 
action under Executive Order 12866, or any successor order; and (2) is 
likely to have a significant adverse effect on the supply, 
distribution, or use of energy, or (3) is designated by the 
Administrator of

[[Page 68729]]

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. Today's 
regulatory action is not a significant energy action. Accordingly, DOE 
has not prepared a Statement of Energy Effects.

K. Congressional Notification

    As required by 5 U.S.C. 801, DOE will submit to Congress a report 
regarding the issuance of today's final rule prior to the effective 
date set forth at the outset of this notice. 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).

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 materials.

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 820

    Administrative practice and procedure, Government contracts, 
Penalties, Radiation protection.

10 CFR Part 824

    Administrative practice and procedure, Government contracts, 
Penalties, Radiation protection.

10 CFR Part 835

    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

    Administrative practice and procedure, Government contracts, 
Hazardous substances, Reporting and recordkeeping requirements, 
Workers' compensation.

10 CFR Part 852

    Administrative practice and procedure, Government contracts, 
Hazardous substances, Reporting and recordkeeping requirements, 
Workers' compensation.

10 CFR Part 861

    Federal buildings and facilities, Penalties, Traffic regulations.

10 CFR Part 862

    Aircraft, Federal buildings and facilities, Security measures.

10 CFR Part 871

    Air transportation, Hazardous materials transportation, Plutonium, 
Radioactive materials.

10 CFR Part 1004

    Freedom of information.

10 CFR Part 1008

    Privacy.

10 CFR Part 1016

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

10 CFR Part 1017

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

10 CFR Part 1021

    Environmental impact statements.

10 CFR Part 1044

    Administrative practice and procedure, Classified information, 
Government contracts, Whistleblowing.

10 CFR Part 1045

    Classified information.

10 CFR Part 1046

    Government contracts, Reporting and recordkeeping requirements, 
Security measures.

10 CFR Part 1049

    Federal buildings and facilities, Government contracts, Law 
enforcement, Security measures.

    Issued in Washington, DC on November 20, 2006.
Glenn Podonsky,
Chief Health, Safety and Security Officer, Office of Health, Safety and 
Security.
David R. Hill,
General Counsel.

0
For the reasons set forth in the preamble, 10 CFR parts 602, 710, 712, 
725, 820, 824, 835, 850, 851, 852, 861, 862, 871, 1004, 1008, 1016, 
1017, 1021, 1044, 1045, 1046, and 1049 are amended 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.  602.1  [Amended]

0
2. Section 602.1 is amended by removing ``Office of Environment, Safety 
and Health'' and adding in its place ``Office of Health, Safety and 
Security''.


Sec.  602.4  [Amended]

0
3. Section 602.4(a) is amended by removing ``Assistant Secretary for 
Environment, Safety and Health'' and adding in its place ``DOE Chief 
Health, Safety and Security Officer''.


Sec.  602.5  [Amended]

0
4. Section 602.5(a) is amended by removing ``Office of Environment, 
Safety and Health'' and adding in its place ``Office of Health, Safety 
and Security''.


Sec.  602.7  [Amended]

0
5. Section 602.7(c) is amended by removing ``Office of Epidemiology and 
Health Surveillance (EH-42), U.S. Department of Energy, Washington, DC 
20585, (301) 903-5926)'' and adding in its place ``Office of Illness 
and Injury Prevention Programs, HS-13/Germantown Building, U.S. 
Department of Energy, 1000 Independence Avenue, SW., Washington, DC 
20585-1290, 301-903-4501''.


Sec.  602.9  [Amended]

0
6-7. Section 602.9 is amended as follows:
0
A. In paragraph (b), by removing ``Office of Environment, Safety and 
Health'' and adding in its place ``Office of Health, Safety and 
Security''; and
0
B. In paragraph (g), by removing ``Office of Environment, Safety and 
Health'' and adding in its place ``Office of Health, Safety and 
Security'', and by

[[Page 68730]]

removing ``Office of Environment, Safety and Health's'' and adding in 
its place ``Office of Health, Safety and Security's''.

Sec.  602.10  [Amended]

0
8. Section 602.10 is amended in paragraphs (b) and (c) by removing 
``Office of Epidemiology and Health Surveillance, (EH-42), U.S. 
Department of Energy, Washington, DC 20585'' and adding in its place 
``Office of Illness and Injury Prevention Programs, HS-13/Germantown 
Building, U.S. Department of Energy, 1000 Independence Avenue, SW., 
Washington, DC 20585-1290''.


Sec.  602.16  [Amended]

0
9. Section 602.16 is amended by removing ``Director of 
Declassification'' and adding in its place ``Director, Office of 
Classification''; by removing ``U.S. Department of Energy, Attn: 
Director of Declassification, NN-50, Washington, DC 20585'' and adding 
in its place ``U.S. Department of Energy, Attn: Director of 
Classification, HS-90, P.O. Box A, Germantown, MD 20875''; by removing 
``Office of Safeguards and Security'' and adding in its place ``Office 
of Security Operations''; and by removing ``Division of Safeguards and 
Security''.


Sec.  602.17  [Amended]

0
10. Section 602.17(a)(1) is amended by removing ``Office of 
Environment, Safety and Health'' and adding in its place ``Office of 
Health, Safety and Security''.

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

0
11. The authority citation for part 710 is revised to read as follows:

    Authority: 42 U.S.C. 2165, 2201, 5815, 7101, et seq., 7383h-1; 
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; E.O. 12958, as amended by E.O.13292, 68 FR 15315, 3 
CFR 2004 Comp., p. 196; E.O. 12968, 3 CFR 1995 Comp., p. 391.


Sec.  710.4  [Amended]

0
12. Section 710.4(g) is amended by removing ``Office of Safeguards and 
Security,'' in the first sentence and by adding in its place ``Office 
of Personnel Security'' and by removing ``, Office of Safeguards and 
Security,'' in the second sentence.

0
13-14. Section 710.5 (a) is amended by revising the definition for 
``Local Director of Security'' to read as set forth below, and in the 
definition for ``Operations Office Manager or Manager'', by removing 
``Operations Office Manager or'', and by removing ``Safeguards and 
Security'' and adding in its place ``Personnel Security''.


Sec.  710.5  Definitions.

    (a) * * *
    Local Director of Security means the individual with primary 
responsibility for safeguards and security at the Chicago, Idaho, Oak 
Ridge, Richland, and Savannah River Operations Offices and the 
Pittsburgh and Schenectady Naval Reactors Offices; the Manager, 
National Nuclear Security Administration (NNSA) Service Center; for 
Washington, DC area cases, the Director, Office of Security Operations; 
and any person designated in writing to serve in one of the 
aforementioned positions in an acting capacity.
* * * * *


Sec.  710.6  [Amended]

0
15-16. Section 710.6 is amended as follows:
0
A. In paragraph (b), by removing ``Office of Safeguards and Security'' 
and adding in its place ``Office of Personnel Security''; and
0
B. In paragraph (c) , in the first sentence by removing ``Office of 
Safeguards and Security'' and adding in its place ``Office of Personnel 
Security'' and in the second sentence by removing ``, Office of 
Safeguards and Security,''.


Sec.  710.9  [Amended]

0
17. Section 710.9 is amended in:
0
a. Paragraph (c) by removing ``Office of Safeguards and Security'' and 
adding in its place ``Office of Personnel Security, DOE Headquarters''.
0
b. Paragraph (d) by removing ``Office of Safeguards and Security'' and 
adding in its place ``Office of Personnel Security''.
0
c. Paragraph (e) by removing ``Office of Safeguards and Security'' and 
adding in its place ``Office of Personnel Security'' and by removing 
``Director, Office of Security Affairs'' and adding in its place 
``Deputy Chief for Operations, Office of Health, Safety and Security''.


Sec.  710.10  [Amended]

0
18. Section 710.10 is amended in:
0
a. Paragraph (d), first sentence, by removing ``Office of Safeguards 
and Security'' and adding in its place ``Office of Personnel Security, 
DOE Headquarters''; and in the second sentence by removing ``Office of 
Safeguards and Security''.
0
b. Paragraph (e) introductory text, by removing ``Office of Safeguards 
and Security'' and adding in its place ``Office of Personnel 
Security''.
0
c. Paragraph (f) by removing ``Office of Safeguards and Security'' and 
adding in its place ``Office of Personnel Security''; and by removing 
``Director, Office of Security Affairs'' and adding in its place 
``Deputy Chief for Operations, Office of Health, Safety and Security''.


Sec.  710.21  [Amended]

0
19. Section 710.21(a) is amended by removing ``Office of Safeguards and 
Security'' and adding in its place ``Office of Personnel Security, DOE 
Headquarters''.


Sec.  710.22  [Amended]

0
20. Section 710.22 is amended in:
0
a. Paragraphs (b) and (c) introductory text by removing ``Office of 
Safeguards and Security'' and adding in its place ``Office of Personnel 
Security, DOE Headquarters''.
0
b. Paragraph (c)(2) by removing ``Office of Safeguards and Security'' 
and adding in its place ``Office of Personnel Security''.
0
c. Paragraph (c)(3) by removing ``Office of Safeguards and Security'' 
and adding in its place ``Office of Personnel Security, DOE 
Headquarters''.


Sec.  710.23  [Amended]

0
21. Section 710.23 is amended by removing ``Office of Safeguards and 
Security'' and adding in its place ``Office of Personnel Security, DOE 
Headquarters''.


Sec.  710.26  [Amended]

0
22. Section 710.26(j) is amended by removing ``Operations Office'' in 
the second sentence.


Sec.  710.27  [Amended]

0
23. Section 710.27(d) is amended by removing ``Office of Safeguards and 
Security'' and adding in its place ``Office of Personnel Security, DOE 
Headquarters''.

Sec.  710.28  [Amended]

0
24. Section 710.28 is amended in:
0
a. Paragraphs (a) introductory text, (a)(3), (b)(1), (b)(2), (c)(1), 
and (c)(3) by removing ``Office of Safeguards and Security'' and adding 
in its place ``Office of Personnel Security, DOE Headquarters''.
0
b. Paragraph (c)(2) by removing ``Director, Office of Security 
Affairs'' and adding in its place ``Deputy Chief for Operations, Office 
of Health, Safety and Security''; and by removing ``Office of 
Safeguards and Security'' and adding in its place ``Office of Personnel 
Security, DOE headquarters''.
0
c. Paragraph (d) by removing ``Office of Safeguards and Security'' and 
adding

[[Page 68731]]

in its place ``Office of Personnel Security''.


Sec.  710.29  [Amended]

0
25. Section 710.29 is amended in:
0
a. Paragraph (a) by removing ``Director, Office of Security Affairs'' 
and adding in its place ``Deputy Chief for Operations, Office of 
Health, Safety and Security'' and by removing ``Office of Safeguards 
and Security'' and adding in its place ``Office of Personnel 
Security''.
0
b. Paragraphs (b) and (d) by removing ``Director, Office of Security 
Affairs'' and adding in its place ``Deputy Chief for Operations, Office 
of Health, Safety and Security''.
0
c. Paragraph (c) by removing ``Office of Safeguards and Security'' and 
adding in its place ``Office of Personnel Security'' and by removing 
``Director, Office of Security Affairs'' and adding in its place 
``Deputy Chief for Operations, Office of Health, Safety and Security''.
0
d. Paragraph (f) by removing ``Director, Office of Security Affairs'' 
and adding in its place ``Deputy Chief for Operations, Office of 
Health, Safety and Security'' the first time it appears and by removing 
``the Director, Office of Security Affairs'' and adding in its place 
``he'' the second time it appears.
0
e. Paragraph (g) by removing ``Director, Office of Security Affairs'' 
and adding in its place ``Deputy Chief for Operations, Office of 
Health, Safety and Security'' and by removing ``Office of Safeguards 
and Security'' and adding in its place ``Office of Personnel 
Security''.
0
f. Paragraph (h) by removing ``Director, Office of Security Affairs'' 
and adding in its place ``Deputy Chief for Operations, Office of 
Health, Safety and Security''; by removing ``Director may'' and adding 
in its place ``Deputy Chief for Operations may''; and by removing 
``Director, Office of Security Affairs, shall'' and adding in its place 
``Deputy Chief for Operations, shall''.
0
g. Paragraph (i) by removing ``Director, Office of Security Affairs'' 
and adding in its place ``Deputy Chief for Operations, Office of 
Health, Safety and Security''; by removing ``Director may'' and adding 
in its place ``Deputy Chief for Operations may''; and by removing 
``Director, Office of Security Affairs, shall'' and adding in its place 
``Deputy Chief for Operations shall''.


Sec.  710.30  [Amended]

0
26. Section 710.30 is amended in:
0
a. Paragraphs (a) and (b) introductory text by removing ``Office of 
Safeguards and Security'' and adding in its place ``Office of Personnel 
Security, DOE Headquarters'' .
0
b. Paragraph (b)(2) by removing ``Director, Office of Security 
Affairs'' and adding in its place ``Deputy Chief for Operations, Office 
of Health, Safety and Security'' in the first sentence and by removing 
``Director, Office of Security Affairs'' and adding in its place 
``Deputy Chief for Operations'' in the second sentence.


Sec.  710.31  [Amended]

0
27. Section 710.31 is amended in:
0
a. Paragraph (a) by removing ``Director, Office of Security Affairs'' 
and adding in its place ``Deputy Chief for Operations, Office of 
Health, Safety and Security'' in both places that it appears.
0
b. Paragraph (b) by removing ``Director, Office of Security Affairs'' 
and adding in its place ``Deputy Chief for Operations, Office of 
Health, Safety and Security''.
0
c. Paragraph (d) by removing ``Director, Office of Security Affairs'' 
and adding in its place ``Deputy Chief for Operations, Office of 
Health, Safety and Security''.

Sec.  710.32  [Amended]

0
28. Section 710.32 is amended in:
0
a. Paragraph (c) by removing ``Director, Office of Security Affairs'' 
and adding in its place ``Deputy Chief for Operations, Office of 
Health, Safety and Security'' in the first sentence and by removing 
``Director, Office of Security Affairs'' and adding in its place 
``Deputy Chief for Operations'' in the second sentence.
0
b. Paragraphs (d) introductory text and (d)(2) by removing ``Office of 
Safeguards and Security'' and adding in its place ``Office of Personnel 
Security, DOE Headquarters''.


Sec.  710.36  [Amended]

0
29. Section 710.36 is amended by removing ``Office of Safeguards and 
Security'' and adding in its place ``Office of Personnel Security, DOE 
headquarters''; by removing ``Director, Office of Security Affairs'' 
and adding in its place ``Deputy Chief for Operations, Office of 
Health, Safety and Security''; and by removing ``the Deputy Director, 
Office of Security Affairs'' and adding in its place ``his designee''.

PART 712--HUMAN RELIABILITY PROGRAM

0
30. 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.


Sec.  712.3  [Amended]

0
31. Section 712.3 is amended by:
0
a. Removing ``Deputy Assistant Secretary for Health'' and adding in its 
place ``Director, Office of Health and Safety'' and moving the 
definition to follow the definition of ``Diagnostic and Statistical 
Manual of Mental Disorders''.
0
b. By removing ``Deputy Assistant Secretary for Health'' in the 
definitions of ``Designated Physician''and ``Designated 
Psychologist''and adding in its place ``Director, Office of Health and 
Safety''.
0
c. By removing ``Manager of the Rocky Flats Office;'' in the definition 
of ``Manager''; and by removing ``Director, Office of Security'' in the 
definition of ``Manager'' and adding in its place ``Deputy Chief for 
Operations, Office of Health, Safety and Security''.


Sec.  712.10  [Amended]

0
32. Section 712.10(b) is amended by removing ``Director, Office of 
Security'' and adding in its place ``Chief Health, Safety and Security 
Officer''.


Sec.  712.12  [Amended]

0
33. Section 712.12 is amended in:
0
a. Paragraphs (c)(1) and (d) by removing ``Director, Office of 
Security'' and adding in its place ``Chief Health, Safety and Security 
Officer''.
0
b. Paragraph (e) introductory text by removing ``Security Policy Staff, 
within the Office of Security'' and adding in its place ``Office of 
Policy''.
0
c. Paragraph (f)(1) by removing ``Security Policy Staff'' and adding in 
its place ``Office of Policy''.


Sec.  712.14  [Amended]

0
34. Section 712.14 paragraphs (f)(1) and (f)(3) are amended by removing 
``Deputy Assistant Secretary for Health'' and adding in its place 
``Director, Office of Health and Safety''.


Sec.  712.22  [Amended]

0
35. Section 712.22 is amended by removing ``Director, Office of 
Security''in the first and third sentences and adding in both places 
``Chief Health, Safety and Security Officer''.


Sec.  712.23  [Amended]

0
36. Section 712.23 is amended by removing ``Director, Office of 
Security's'' and adding in its place ``Chief Health, Safety and 
Security Officer's''.


Sec.  712.34  [Amended]

0
37. Section 712.34, paragraphs (a), (b) introductory text, (c) and (d) 
are

[[Page 68732]]

amended by removing ``Deputy Assistant Secretary for Health'' and 
adding in its place ``Director, Office of Health and Safety''.


0
38. Section 712.35 is amended by revising the section heading to read 
as set forth below, and the introductory text is amended by removing 
``Deputy Assistant Secretary for Health'' and add in its place 
``Director, Office of Health and Safety''.


Sec.  712.35  Director, Office of Health and Safety.

* * * * *


Sec.  712.36  [Amended]

0
39. Section 712.36, paragraphs (d)(1) and (d)(3) are amended by 
removing ``Deputy Assistant Secretary for Health'' and adding in its 
place ``Director, Office of Health and Safety''.

PART 725--PERMITS FOR ACCESS TO RESTRICTED DATA

0
40. The authority citation for part 725 is revised 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.  725.1  [Amended]

0
41. Section 725.1 is amended by removing ``Administrator'' and adding 
in its place ``Chief Health, Safety and Security Officer''.

Sec.  725.3  [Amended]

0
42. Section 725.3(d) is amended by removing ``Administrator'' and 
adding in its place ``Chief Health, Safety and Security Officer'' and 
by removing ``Administrator of the Department of Energy'' and adding in 
its place ``Chief Health, Safety and Security Officer''.


Sec.  725.4  [Amended]

0
43. Section 725.4 is amended by removing ``Administrator'' and adding 
in its place ``Chief Health, Safety and Security Officer''.


0
44. Section 725.5 is revised to read as follows:


Sec.  725.5  Communications.

    All communications concerning this part should be addressed to the 
Chief Health, Safety and Security Officer, HS-1/Forrestal Building, 
U.S. Department of Energy, 1000 Independence Ave, SW., Washington, DC 
20585.


Sec.  725.7  [Amended]

0
45. Section 725.7 is amended by removing ``Administrator'' and adding 
in its place ``Chief Health, Safety and Security Officer''.


0
46. Section 725.11(a) is revised to read as follows:


Sec.  725.11  Applications.

    (a) Any person desiring access to Restricted Data pursuant to this 
part should submit an application (Form 378), in triplicate, for an 
access permit to the Chief Health, Safety and Security Officer, HS-1/
Forrestal Building, U.S. Department of Energy, 1000 Independence Ave, 
SW., Washington, DC 20585.
* * * * *


Sec.  725.13  [Amended]

0
47. Section 725.13 is amended by removing ``Administrator'' in both 
places and adding in both places ``Chief Health, Safety and Security 
Officer''.


Sec.  725.21  [Amended]

0
48. Section 725.21 is amended in:
0
a. Paragraph (a) by removing ``Administrator'' and adding in its place 
``Chief Health, Safety and Security Officer''.
0
b. Paragraph (b) by removing ``795 of this chapter'' and adding in its 
place ``1016 of this title''.


Sec.  725.23  [Amended]

0
49. Section 725.23 is amended in:
0
a. Paragraph (b) by removing ``Administrator'' and adding in its place 
``Chief Health, Safety and Security Officer''.
0
b. Paragraph (c)(1) by removing ``795 and 810 of this chapter'' and 
adding in its place ``810 and 1016 of this title''.
0
c. Paragraph (c)(4) by removing ``Administrator of Energy Research and 
Development'' and adding in its place ``Chief Health, Safety and 
Security Officer''.


Sec.  725.24  [Amended]

0
50. Section 725.24 is amended in:
0
a. The introductory text by removing ``cognizant Operations Office'' 
and adding in its place ``Chief Health, Safety and Security Officer 
will designate a DOE or National Nuclear Security Administration office 
which''.
0
b. Paragraph (b) by removing ``795 of this chapter'' and adding in its 
place ``1016 of this title''.


Sec.  725.25  [Amended]

0
51. Section 725.25(b) is amended by removing ``Administrator'' and 
adding in its place ``Chief Health, Safety and Security Officer''.


0
52. Section 725.28 is amended by revising the section heading to read 
as set forth below, and by removing ``Administrator'' and adding in its 
place ``Chief Health, Safety and Security Officer''.


Sec.  725.28  Action on application to renew or amend.

* * * * *


Sec.  725.29  [Amended]

0
53. Section 725.29 is amended by removing ``Administrator'' and adding 
in its place ``Chief Health, Safety and Security Officer''.


Sec.  725.30  [Amended]

0
54. Section 725.30 is amended by removing ``Administrator'' and adding 
in its place ``Chief Health, Safety and Security Officer''.

Appendix B to Part 725 [Removed]

0
55. Appendix B to Part 725 is removed.

PART 820--PROCEDURAL RULES FOR DOE NUCLEAR ACTIVITIES

0
56. The authority citation for part 820 continues to read as follows:

    Authority: 42 U.S.C. 2201, 2282(a), 7191; 28 U.S.C. 2461 note.


Sec.  820.1  [Amended]

0
57. Section 820.1(c) is amended by removing ``Assistance Secretary'' 
and adding in its place ``Administrator''.


Sec.  820.2  [Amended]

0
58-59. Section 820.2 is amended in the definition of ``Director'' by 
removing ``Assistant Secretary'' and adding in its place 
``Administrator,'' and by revising the definition of ``Secretarial 
Officer'' to read as set forth below:


Sec.  820.2  Definitions.

* * * * *
    Secretarial Officer means an individual who is appointed to a 
position in the Department by the President of the United States with 
the advice and consent of the Senate or the head of a departmental 
element who is primarily responsible for the conduct of an activity 
under the Act. With regard to activities and facilities covered under 
E.O. 12344, 42 U.S.C. 7158 note, pertaining to Naval nuclear 
propulsion, Secretarial Officer means the Deputy Administrator for 
Naval Reactors.
* * * * *

Appendix A [Amended]

0
60. Appendix A to Part 820 is amended in:
0
a. Section IX.1.a. by adding ``and Environment'' after ``Office of 
Nuclear Safety'';
0
b. Section IX.9., paragraph e.(1), by removing ``Office of Environment, 
Safety and Health'' and adding in its place ``Office of Health, Safety 
and Security'' and by adding ``and

[[Page 68733]]

Environment'' after ``Office of Nuclear Safety''.
0
c. Section XIII.b. by removing ``Office of Investigation and 
Enforcement'' and adding in its place ``Office of Enforcement''.

PART 824--PROCEDURAL RULES FOR THE ASSESSMENT OF CIVIL PENALTIES 
FOR CLASSIFIED INFORMATION SECURITY VIOLATIONS

0
61. The authority citation for part 824 continues to read as follows:

    Authority: 42 U.S.C. 2201, 2282b, 7101 et seq.; 50 U.S.C. 2401 
et seq.

Appendix A to Part 824 [Amended]

0
62. Appendix A to Part 824 is amended in:
0
a. Section IV.b. by removing ``10 CFR part 824.6'' and adding in its 
place ``Sec.  824.6''.
0
b. Section VIII.9., paragraph e.(1) by removing ``and Performance 
Assurance''.

PART 835--OCCUPATIONAL RADIATION PROTECTION

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

    Authority: 42 U.S.C. 2201; 7191.

Sec.  835.1  [Amended]

0
64. Section 835.1(b)(2) is amended by removing ``Director, Naval 
Nuclear Propulsion Program'' and by adding in its place ``Deputy 
Administrator for Naval Reactors''.

0
65. Section 835.2(a) is amended by adding the definition of 
``Secretarial Officer'' to read as follows:


Sec.  835.2  Definitions.

* * * * *
    Secretarial Officer means an individual who is appointed to a 
position in the Department of Energy by the President of the United 
States with the advice and consent of the Senate or the head of a 
departmental element who is primarily responsible for the conduct of an 
activity under the Act. With regard to activities and facilities 
covered under E.O. 12344, 42 U.S.C. 7158 note, pertaining to Naval 
nuclear propulsion, Secretarial Officer means the Deputy Administrator 
for Naval Reactors.
* * * * *

PART 850--CHRONIC BERYLLIUM DISEASE PREVENTION PROGRAM

0
66. 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
67. Section 850.10(b)(2) is amended by removing ``Assistant Secretary 
for Environment, Safety and Health'' and adding in its place ``Chief 
Health, Safety and Security Officer''.


Sec.  850.39  [Amended]

0
68-69. Section 850.39 is amended in paragraph (a) by removing 
``Assistant Secretary for Environment, Safety and Health'' and adding 
in its place ``Chief Health, Safety and Security Officer'', and in 
paragraph (h) , by removing ``DOE Office of Epidemiologic Studies with 
the Office of Environment, Safety and Health'' and adding in its place 
``Office of Illness and Injury Prevention Programs, Office of Health, 
Safety and Security''.

PART 851--WORKER SAFETY AND HEALTH PROGRAM

0
70. 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.


Sec.  851.8  [Amended]

0
71-72. Section 851.8 is amended in paragraph (b) by removing ``Office 
of Environment, Safety and Health, Office of Health (EH-5)'' and adding 
in its place ``Office of Health, Safety and Security'', and in 
paragraph (c) , by removing ``Office of Environment, Safety and Health, 
Office of Price-Anderson Enforcement (EH-6)'' and adding in its place 
``Office of Health, Safety and Security, Office of Enforcement, HS-
40,''.


Sec.  851.11  [Amended]

0
73. Section 851.11(b)(2) is amended by removing ``Assistant Secretary 
for Environment, Safety and Health'' and adding in its place ``Chief 
Health, Safety and Security Officer''.


Sec.  851.27  [Amended]

0
74. Section 851.27(a)(2)(ii) is amended by removing ``Office of 
Environment, Safety and Health'' and adding in its place ``Office of 
Health, Safety and Security''.


Sec.  851.30  [Amended]

0
75. Section 851.30(a) is amended by removing ``Assistant Secretary for 
Environment, Safety and Health'' and adding in its place ``Chief 
Health, Safety and Security Officer''.


Sec.  851.31  [Amended]

0
76-78. In Sec.  851.31, paragraphs (a)(1), (a)(2), and (a)(3) are 
amended by removing ``Assistant Secretary for Environment, Safety and 
Health'' and adding in its place ``Chief Health, Safety and Security 
Officer'', paragraph (b) introductory text is amended by removing 
``Assistant Secretary for Environment, Safety and Health to be 
incomplete, the Assistant Secretary'' and adding in its place ``Chief 
Health, Safety and Security Officer to be incomplete, the Chief Health, 
Safety and Security Officer'', and paragraph (c)(5) is amended by 
removing ``Assistant Secretary for Environment, Safety and Health'' and 
adding in its place ``Chief Health, Safety and Security Officer''.


Sec.  851.32  [Amended]

0
79-80. Section 851.32 is amended in:
0
a. Paragraph (a)(1) by removing ``Assistant Secretary for Environment, 
Safety and Health recommends approval of a variance application, the 
Assistant Secretary'' and adding in its place ``Chief Health, Safety 
and Security Officer recommends approval of a variance application, the 
Chief Health, Safety and Security Officer''.
0
b. Paragraph (a)(2) by removing ``Assistant Secretary for Environment, 
Safety and Health'' and adding in its place ``Chief Health, Safety and 
Security Officer'' and by removing ``Office of Price-Anderson 
Enforcement'' and adding in its place ``Office of Enforcement''.
0
c. Paragraph (a)(4), by removing ``Assistant Secretary for Environment, 
Safety and Health'' and adding in its place ``Chief Health, Safety and 
Security Officer''.
0
d. Paragraph (c)(1), by removing ``Assistant Secretary for Environment, 
Safety and Health recommends denial of a variance application, the 
Assistant Secretary'' and adding in its place ``Chief Health, Safety 
and Security Officer recommends denial of a variance application, the 
Chief Health, Safety and Security Officer''.
0
e. Paragraphs (c)(2)(i) and (c)(2)(ii), by removing ``Assistant 
Secretary'' and adding in its place ``Chief Health, Safety and Security 
Officer''.


Sec.  851.34  [Amended]

0
81. In Sec.  851.34, paragraphs (a) and (c) are amended by removing 
``Assistant Secretary for Environment, Safety and Health'' and adding 
in its place ``Chief Health, Safety and Security Officer''.

[[Page 68734]]

PART 852--GUIDELINES FOR PHYSICIAN PANEL DETERMINATIONS ON WORKER 
REQUESTS FOR ASSISTANCE IN FILING FOR STATE WORKERS' COMPENSATION 
BENEFITS

0
82-83. Part 852 is removed.

PART 861--CONTROL OF TRAFFIC AT NEVADA TEST SITE

0
84. The authority citation for part 861 is revised to read as follows:

    Authority: 42 U.S.C. 2201.


Sec.  861.3  [Amended]

0
85. Section 861.3(c) is amended by removing ``Operations'' and adding 
in its place ``Site''.

PART 862--RESTRICTIONS ON AIRCRAFT LANDING AND AIR DELIVERY AT 
DEPARTMENT OF ENERGY NUCLEAR SITES

0
86. The authority citation for part 862 continues to read as follows:

    Authority: 42 U.S.C. 2201(b), 2201(i) and 2278(a).


Sec.  862.3  [Amended]

0
87. Section 862.3(f) is amended by removing ``Manager of a DOE 
Operations Office'' and adding in its place ``manager of a DOE field 
office'' and by removing ``Director of the Office of Safeguards and 
Security'' and adding in its place ``Chief Health, Safety and Security 
Officer''.

PART 871--AIR TRANSPORTATION OF PLUTONIUM

0
88. The authority citation for part 871 continues to read as follows:

    Authority: Pub. L. 94-187, 88 Stat. 1077, 1078 (42 U.S.C. 2391 
et seq.); Energy Reorganization Act, Pub. L. 93-438, 88 Stat. 1233 
(42 U.S.C. 5801 et seq.); secs. 2, 3, 91, 123, and 161 of the Atomic 
Energy Act of 1954, as amended.

0
89. Section 871.1, paragraph (b) introductory text is revised, and the 
undesignated concluding paragraph of the section is amended by removing 
``They'' at the beginning of each sentence and adding in its place 
``The Deputy Administrator for Defense Programs''.
    The revision reads as follows:


Sec.  871.1  National security exemption.

* * * * *
    (b) The Deputy Administrator for Defense Programs may authorize air 
shipments falling within paragraph (a)(1) of this section, on a case-
by-case basis: Provided, That the Deputy Administrator for Defense 
Programs determines that such shipment is required to be made by 
aircraft either because:
* * * * *


Sec.  871.2  [Amended]

0
90. Section 871.2 is amended by removing ``Managers of DOE's 
Albuquerque, San Francisco, Oak Ridge, Savannah River, Nevada, Chicago, 
Idaho and Richland Operations Offices'' and adding in its place 
``Deputy Administrator for Defense Programs'' and by removing ``they 
determine'' and adding in its place ``the Deputy Administrator 
determines''.


Sec.  871.3  [Amended]

0
91. Section 871.3 is amended by removing ``authorizing officials'' and 
by adding in its place ``Deputy Administrator for Defense Programs'' 
and by removing ``Assistant Administrator for National Security'' and 
adding in its place ``Administrator of the National Nuclear Security 
Administration''.


Sec.  871.4  [Amended]

0
92. Section 871.4 is amended by removing ``Assistant Administrator for 
National Security'' and adding in its place ``Administrator of the 
National Nuclear Security Administration''.

PART 1004--FREEDOM OF INFORMATION

0
93. The authority citation for part 1004 continues to read as follows:

    Authority: 5 U.S.C. 552.


0
94. Section 1004.2(h) and (p) are revised to read as follows:


Sec.  1004.2  Definitions.

* * * * *
    (h) Freedom of Information Officer means the person designated to 
administer the Freedom of Information Act at the following DOE offices:
    (1) Bonneville Power Administration, P.O. Box 3621-KDP-7, Portland, 
OR 97232.
    (2) Carlsbad Field Office, P.O. Box 3090, Carlsbad, NM 88221.
    (3) Chicago Office, 9800 S. Cass Avenue, Argonne, IL 60439.
    (4) Environmental Management Consolidated Business Center, 250 East 
5th Street, Suite 500, Cincinnati, OH 45202.
    (5) Golden Field Office, 1617 Cole Boulevard, Golden, CO 80401.
    (6) Headquarters, Department of Energy, Washington, DC 20585.
    (7) Idaho Operations Office, 1955 Fremont Avenue, MS 1203, Idaho 
Falls, ID 83401.
    (8) National Nuclear Security Administration Service Center, P.O. 
Box 5400, Albuquerque, NM 87185-5400.
    (9) National Nuclear Security Administration Nevada Site Office, 
P.O. Box 98518, Las Vegas, NV 89193-3521.
    (10) National Energy Technology Laboratory, 3610 Collins Ferry 
Road, Morgantown, WV 26507-0800.
    (11) Oak Ridge Office, P.O. Box 2001, Oak Ridge, TN 37831.
    (12) Office of Scientific and Technical Information, P.O. Box 2001, 
Oak Ridge, TN 37831.
    (13) Pacific Northwest Site Office, P.O. Box 350, Mail Stop K8-50, 
Richland, WA 99352.
    (14) Pittsburgh Naval Reactors, P.O. Box 109, West Mifflin, PA 
15122-0109.
    (15) Richland Operations Office, P.O. Box 550, Mail Stop A7-75, 
Richland, WA 99352.
    (16) Savannah River Operations Office, P.O. Box A, Aiken, SC 29801.
    (17) Schenectady Naval Reactors, P.O. Box 1069, Schenectady, NY 
12301.
    (18) Southeastern Power Administration, 1166 Athens Tech Road, 
Elberton, GA 30635-6711.
    (19) Southwestern Power Administration, One West Third, S1200, 
Tulsa, OK 74103.
    (20) Strategic Petroleum Reserve Project Management Office, 900 
Commerce Road East-MS FE-455, New Orleans, LA 70123.
    (21) Western Area Power Administration, 12155 W. Alameda Parkway, 
P.O. Box 281213, Lakewood, CO 80228-8213.
* * * * *
    (p) Secretarial Officer means the Under Secretary; Under Secretary 
for Science; Administrator, Energy Information Administration; 
Administrator, National Nuclear Security Administration; Assistant 
Secretary for Congressional and Intergovernmental Affairs; Assistant 
Secretary for Energy Efficiency and Renewable Energy; Assistant 
Secretary for Environmental Management; Assistant Secretary for Fossil 
Energy; Assistant Secretary for Policy and International Affairs; 
Assistant Secretary for Nuclear Energy; Chief Financial Officer; Chief 
Health, Safety and Security Officer; Chief Human Capital Officer; Chief 
Information Officer; Director, Office of Civilian Radioactive Waste 
Management; Director, Office of Economic Impact and Diversity; 
Director, Office of Electricity Delivery and Energy Reliability; 
Director, Office of Hearings and Appeals; Director, Office of Legacy 
Management; Director, Office of Management; Director, Office of Public 
Affairs; Director, Office of

[[Page 68735]]

Science; General Counsel; Inspector General; and Senior Intelligence 
Officer.
* * * * *

PART 1008--RECORDS MAINTAINED ON INDIVIDUALS (PRIVACY ACT)

0
95. The authority citation for part 1008 continues to read as follows:

    Authority: 42 U.S.C. 7101 et seq.; 50 U.S.C. 2401 et seq.; 5 
U.S.C. 552a.


0
96. Section 1008.2(c) is revised to read as follows:


Sec.  1008.2  Definitions.

* * * * *
    (c) DOE locations means each of the following DOE components:
    (1) Bonneville Power Administration, P.O. Box 3621-KDP-7, Portland, 
OR 97232.
    (2) Carlsbad Field Office, P.O. Box 3090, Carlsbad, NM 88221.
    (3) Chicago Office, 9800 S. Cass Avenue, Argonne, IL 60439.
    (4) Environmental Management Consolidated Business Center, 250 East 
5th Street, Suite 500, Cincinnati, OH 45202.
    (5) Golden Field Office, 1617 Cole Boulevard, Golden, CO 80401.
    (6) Headquarters, Department of Energy, Washington, DC 20585.
    (7) Idaho Operations Office, 1955 Fremont Avenue, MS 1203, Idaho 
Falls, ID 83401.
    (8) National Nuclear Security Administration Service Center, P.O. 
Box 5400, Albuquerque, NM 87185-5400.
    (9) National Nuclear Security Administration Nevada Site Office, 
P.O. Box 98518, Las Vegas, NV 89193-3521.
    (10) National Energy Technology Laboratory, 3610 Collins Ferry 
Road, Morgantown, WV 26507-0800.
    (11) Oak Ridge Office, P.O. Box 2001, Oak Ridge, TN 37831.
    (12) Office of Scientific and Technical Information, 175 S. Oak 
Ridge Turnpike, P.O. Box 62, Oak Ridge, TN 37830.
    (13) Pacific Northwest Site Office, P.O. Box 350, Mail Stop K8-50, 
Richland, WA 99352.
    (14) Pittsburgh Naval Reactors, P.O. Box 109, West Mifflin, PA 
15122-0109.
    (15) Richland Operations Office, P.O. Box 550, Mail Stop A7-75, 
Richland, WA 99352.
    (16) Savannah River Operations Office, P.O. Box A, Aiken, SC 29801.
    (17) Schenectady Naval Reactors, P.O. Box 1069, Schenectady, NY 
12301.
    (18) Southeastern Power Administration, 1166 Athens Tech Road, 
Elberton, GA 30635-6711.
    (19) Southwestern Power Administration, One West Third, S1200, 
Tulsa, OK 74103.
    (20) Strategic Petroleum Reserve Project Management Office, 900 
Commerce Road East-MS FE-455, New Orleans, LA 70123.
    (21) Western Area Power Administration, 12155 W. Alameda Parkway, 
P.O. Box 281213, Lakewood, CO 80228-8213.
* * * * *

PART 1016--SAFEGUARDING OF RESTRICTED DATA

0
97. The authority citation for part 1016 is revised to read as follows:

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


Sec.  1016.3  [Amended]

0
98. Section 1016.3(o) is amended by removing ``Executive Order 12356 of 
April 2, 1982, `National Security Information' '' and adding in its 
place ``Executive Order 12958, as amended'', ``Classified National 
Security Information'' and Executive Order 13292 ``Further Amendment to 
Executive Order 12958, as Amended, Classified National Security 
Information''''.

0
99. Section 1016.4 is revised to read as follows:


Sec.  1016.4  Communications.

    Communications concerning rulemaking, i.e., petition to change part 
1016, should be addressed to the Chief Health, Safety and Security 
Officer, HS-1/Forrestal Building, Office of Health, Safety and 
Security, U.S. Department of Energy, 1000 Independence Avenue, SW., 
Washington, DC 20585. All other communications concerning the 
regulations in this part should be addressed to the cognizant DOE or 
National Nuclear Security Administration (NNSA) office.


Sec.  1016.31  [Amended]

0
100. Section 1016.31(b) is amended by removing ``DOE Operations Offices 
administering the permit as set forth in appendix B of part 725'' and 
adding in its place ``the cognizant DOE or NNSA office''.


Sec.  1016.32  [Amended]

0
101. Section 1016.32(a) is amended by removing ``Operations Office 
administering the permit'' and adding in its place ``cognizant DOE or 
NNSA office'' and by removing ``U.S. DOE, Washington, DC 20545'' and 
adding in its place ``HS-90/Germantown Building, Office of Health, 
Safety and Security, U.S. Department of Energy, 1000 Independence 
Avenue, SW., Washington, DC 20585-1290''.


Sec.  1016.36  [Amended]

0
102. Section 1016.36 is amended by removing ``DOE Operations Offices 
administering the permit; or U.S. DOE, Washington, DC 20545, Attention: 
Office of Classification'' and adding in its place ``cognizant DOE or 
NNSA office or Office of Classification, HS-90/Germantown Building, 
U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, 
DC 20585-1290''.


Sec.  1016.43  [Amended]

0
103. Section 1016.43 is amended by removing ``E.O. 12356'' and adding 
in its place ``Executive Order 12958, as amended''.

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

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

    Authority: 42 U.S.C. 2168; 28 U.S.C. 2461 note.


Sec.  1017.3  [Amended]

0
105. Section 1017.3(u)(2)(iii) is amended by removing ``Assistant 
Secretary for Defense Programs'' and adding in its place ``Chief 
Health, Safety and Security Officer''.


Sec.  1017.7  [Amended]

0
106. Section 1017.7(a)(2) is amended by removing ``Manager of a DOE 
Operations Office'' and adding in its place ``Manager of a DOE or NNSA 
field element''; and in paragraph (c) introductory text by removing 
``Assistant Secretary for Defense Programs'' and adding in its place 
``Director, Office of Classification''.


Sec.  1017.8  [Amended]

0
107. Section 1017.8(c) is amended by removing ``Assistant Secretary for 
Defense Programs'' and adding in its place ``Chief Health, Safety and 
Security Officer''.


Sec.  1017.11  [Amended]

0
108. Section 1017.11 is amended in the introductory text by removing 
``Assistant Secretary for Defense Programs'' and adding in its place 
``Director, Office of Classification'' and by removing ``Assistant 
Secretary for Defense Programs (refer to Sec.  1017.16(b)(1) for the 
address)'' and adding in its place ``Director, Office of 
Classification, HS-90/Germantown Building, U.S. Department of Energy; 
1000 Independence Avenue, SW., Washington, DC 20585-1290''.

[[Page 68736]]

Sec.  1017.16  [Amended]

0
109. Section 1017.16 is amended in:
0
a. Paragraph (a)(5) by removing ``Assistant Secretary for Defense 
Programs'' and adding in its place ``Chief Health, Safety and Security 
Officer.''
0
b. Paragraph (b)(1) by removing ``Assistant Secretary for Defense 
Programs, U.S. Department of Energy, Washington, DC 20585'' and adding 
in its place ``Chief Health, Safety and Security Officer, HS-1/
Forrestal Building, U.S. Department of Energy, 1000 Independence 
Avenue, SW., Washington, DC 20585''.
0
c. Paragraph (b)(3) introductory text and (c)(2) by removing 
``Assistant Secretary for Defense Programs'' and adding in its place 
``Chief Health, Safety and Security Officer.''
0
d. Paragraph (b)(4) by removing ``Assistant Secretary for Defense 
Programs'' and adding in its place ``Chief Health, Safety and Security 
Officer'' in both sentences.


Sec.  1017.17  [Amended]

0
110. Section 1017.17(e)(2)(iv) is amended by removing ``Assistant 
Secretary for Defense Programs'' and adding in its place ``Chief 
Health, Safety and Security Officer''.


Sec.  1017.18  [Amended]

0
111. Section 1017.18 is amended in:
0
a. Paragraphs (a) introductory text, (a)(1)(i) introductory text, 
(a)(1)(i)(C), (a)(1)(i)(D) both sentences, (a)(1)(i)(E), (a)(1)(ii), 
and (a)(1)(iii) by removing ``Assistant Secretary for Defense 
Programs'' and adding in its place ``Chief Health, Safety and Security 
Officer''.
0
b. Paragraph (a)(2) introductory text by removing ``Assistant Secretary 
for Defense Programs'' and adding in its place ``Chief Health, Safety 
and Security Officer'' in both the second and third sentences.
0
c. Paragraphs (a)(2)(v) and (a)(3) by removing ``Assistant Secretary 
for Defense Programs'' and adding in its place ``Chief Health, Safety 
and Security Officer''.

PART 1021--NATIONAL ENVIRONMENTAL POLICY ACT IMPLEMENTING 
PROCEDURES

0
112. The authority citation for part 1021 continues to read as follows:

    Authority: 42 U.S.C. 7101 et seq.; 42 U.S.C. 4321 et seq.; 50 
U.S.C. 2401 et seq.


0
113. Section 1021.105 is revised to read as follows:


Sec.  1021.105  Oversight of Agency NEPA activities.

    The General Counsel, or his/her designee, is responsible for 
overall review of DOE NEPA compliance. Further information on DOE's 
NEPA process and the status of individual NEPA reviews may be obtained 
upon request from the Office of NEPA Policy and Compliance, GC-20, 
Office of the General Counsel, U.S. Department of Energy, 1000 
Independence Avenue SW., Washington, DC 20585-0103.

PART 1044--SECURITY REQUIREMENTS FOR PROTECTED DISCLOSURES UNDER 
SECTION 3164 OF THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL 
YEAR 2000

0
114. The authority citation for part 1044 continues to read as follows:

    Authority: 42 U.S.C. 7101 et seq., 7239, and 50 U.S.C. 2401 et 
seq.


Sec.  1044.07  [Amended]

0
115. Section 1044.07 is amended by removing ``Office of Safeguards and 
Security'' and adding in its place ``Office of Personnel Security''.


Sec.  1044.08  [Amended]

0
116. Section 1044.08 is amended by removing ``Office of Nuclear and 
National Security Information'' and adding in its place ``Office of 
Classification''.


Sec.  1044.09  [Amended]

0
117. Section 1044.09 is amended by removing ``Office of Nuclear and 
National Security Information'' and adding in its place ``Office of 
Classification''.


Sec.  1044.10  [Amended]

0
118. Section 1044.10 is amended by removing ``Office of Nuclear and 
National Security Information'' and adding in its place ``Office of 
Classification''.


Sec.  1044.11  [Amended]

0
119. Section 1044.11, paragraph (c) is amended by removing ``Office of 
Nuclear and National Security Information'' and adding in its place 
``Office of Classification''; and paragraph (h) is amended by removing 
``Office of Safeguards and Security'' and adding in its place ``Office 
of Health, Safety and Security''.


Sec.  1044.12  [Amended]

0
120. Section 1044.12 is amended by removing ``U.S. Department of 
Energy, 1000 Independence Avenue, SW., Washington, DC 20585-1017'' and 
adding in its place ``HG-1/L'Enfant Plaza Building, U.S. Department of 
Energy, 1000 Independence Avenue SW., Washington, DC 20585-1615'' and 
by removing ``(202) 426-1415'' and adding in its place ``(202) 287-
1415''.

PART 1045--NUCLEAR CLASSIFICATION AND DECLASSIFICATION

0
121. The authority citation for part 1045 is revised to read as 
follows:

    Authority: 42 U.S.C. 2011; E.O. 12958, 60 FR 19825, 3 CFR, 1995 
Comp., p. 333; E.O. 13292, 68 FR 15315, 3 CFR 2004 Comp., p. 196.


Sec.  1045.3  [Amended]

0
122. In Sec.  1045.3:
0
a. The definition ``Director of Declassification'' is amended in the 
first sentence by removing ``Declassification'' and adding in its place 
``Classification''; by removing ``Office of Declassification'' and 
adding in its place ``Office of Classification''; and in the second 
sentence by removing ``Director of Declassification'' and adding in its 
place ``Director of Classification'' and by removing ``Director of 
Security Affairs'' and adding in its place ``Chief Health, Safety and 
Security Officer''.
0
b. Remove the definition of ``Director of Security Affairs''.
0
c. Add the definition of ``Chief Health, Safety and Security Officer'' 
in alphabetical order to read as set forth below:


Sec.  1045.3  Definitions.

* * * * *
    Chief Health, Safety and Security officer means the Department of 
Energy Chief Health, Safety and Security Officer, or any person to whom 
the Chief's duties are delegated.
* * * * *


Sec.  1045.4  [Amended]

0
123. Section 1045.4 is amended in:
0
a. Paragraph (a) introductory text and (f)(4) by removing ``DOE 
Director of Declassification'' and adding in its place ``Director of 
Classification''.
0
b. Paragraph (b) introductory text by removing ``DOE Director of 
Security Affairs'' and adding in its place ``Chief Health, Safety and 
Security Officer''.


Sec.  1045.7  [Amended]

0
124. Section 1045.7(a) is amended by removing ``Openness Coordinator, 
Department of Energy, Office of Declassification, 19901 Germantown 
Road, Germantown, Maryland 20874-1290'' and adding in its place 
``Director, Office of Classification, HS-90/Germantown Building, U.S. 
Department

[[Page 68737]]

of Energy, 1000 Independence Avenue SW., Washington, DC 20585-1290''.


Sec.  1045.8  [Amended]

0
125. Section 1045.8, paragraphs (a) and (b) are amended by removing 
``DOE Director of Declassification'' and adding in its place ``Director 
of Classification''.


Sec.  1045.12  [Amended]

0
126. Section 1045.12 is amended in:
0
a. Paragraph (a) by removing ``DOE Director of Declassification'' and 
adding in its place ``Director of Classification''.
0
b. Paragraphs (b), (c), and (d), by removing ``DOE Director of Security 
Affairs'' and adding in its place ``Chief Health, Safety and Security 
Officer''.


Sec.  1045.14  [Amended]

0
127. Section 1045.14 is amended in:
0
a. Paragraph (a)(1) by removing ``DOE Director of Declassification'' 
and adding in its place ``Director of Classification'' in both places 
it appears.
0
b