Criteria and Procedures for Determining Eligibility for Access to Classified Matter or Special Nuclear Material: Technical Amendments, 71689-71691 [2012-29234]
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Federal Register / Vol. 77, No. 233 / Tuesday, December 4, 2012 / Rules and Regulations
Assessments are applied uniformly on
all handlers, and some of the costs may
be passed on to producers. However,
decreasing the assessment rate reduces
the burden on handlers, and may reduce
the burden on producers.
In addition, the Committee’s meeting
was widely publicized throughout the
Florida avocado industry and all
interested persons were invited to
attend the meeting and participate in
Committee deliberations on all issues.
Like all Committee meetings, the
December 14, 2011, meeting was a
public meeting and all entities, both
large and small, were able to express
views on this issue.
In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C.
Chapter 35), the order’s information
collection requirements have been
previously approved by the Office of
Management and Budget (OMB) and
assigned OMB No. 0581–0189, Generic
OMB Fruit Crops. No changes in those
requirements as a result of this action
are anticipated. Should any changes
become necessary, they would be
submitted to OMB for approval.
This action imposes no additional
reporting or recordkeeping requirements
on either small or large Florida avocado
handlers. As with all Federal marketing
order programs, reports and forms are
periodically reviewed to reduce
information requirements and
duplication by industry and public
sector agencies.
USDA has not identified any relevant
Federal rules that duplicate, overlap or
conflict with this rule.
Comments on the interim rule were
required to be received on or before
August 31, 2012. No comments were
received. Therefore, for reasons given in
the interim rule, we are adopting the
interim rule as a final rule, without
change.
To view the interim rule, go to:
https://www.regulations.gov/
#!documentDetail;D=AMS-FV-11-00940001.
This action also affirms information
contained in the interim rule concerning
Executive Orders 12866 and 12988, and
the E-Gov Act (44 U.S.C. 101).
After consideration of all relevant
material presented, it is found that
finalizing the interim rule, without
change, as published in the Federal
Register (77 FR 39150, July 2, 2012) will
tend to effectuate the declared policy of
the Act.
List of Subjects in 7 CFR Part 915
Avocados, Reporting and
recordkeeping requirements.
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15:05 Dec 03, 2012
PART 915—AVCOADOS GROWN IN
SOUTH FLORIDA
Accordingly, the interim rule
amending 7 CFR part 915, which was
published at 77 FR 39150 on July 2,
2012, is adopted as a final rule, without
change.
Dated: November 28, 2012.
David R. Shipman,
Administrator, Agricultural Marketing
Service.
[FR Doc. 2012–29253 Filed 12–3–12; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF ENERGY
10 CFR Part 710
RIN 1992–AA36
Criteria and Procedures for
Determining Eligibility for Access to
Classified Matter or Special Nuclear
Material: Technical Amendments
Office of the General Counsel,
Department of Energy (DOE).
ACTION: Final rule.
AGENCY:
DOE is amending its
regulations at 10 CFR part 710, which
sets forth the policies and procedures
for resolving questions concerning
eligibility for DOE access authorization,
to revise a provision concerning
designation of an acting official and to
update the official’s title. Specifically,
the duties assigned to the Principal
Deputy for Mission Support Operations
(formerly, the Deputy Chief for
Operations), Office of Health, Safety and
Security, may now be exercised by a
person or persons designated in writing
as acting for, or in the temporary
capacity of, that official. Currently, the
part 710 regulations state that this
official’s duties may be exercised by
another individual only in the official’s
absence. Today’s final rule also revises
one title: ‘‘Principal Deputy for Mission
Support Operations’’ replaces ‘‘Deputy
Chief for Operations’’.
DATES: Effective Date: This rule is
effective on December 4, 2012.
FOR FURTHER INFORMATION CONTACT:
Christina Pak, Office of the General
Counsel, GC–52, 1000 Independence
Avenue SW., Washington, DC 20585;
Christina.Pak@hq.doe.gov; 202–586–
4114; Mark R. Pekrul, Office of
Departmental Personnel Security, 1000
Independence Avenue SW.,
Washington, DC 20585;
Mark.Pekrul@hq.doe.gov; 202–586–
3249.
SUMMARY:
SUPPLEMENTARY INFORMATION:
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71689
I. Introduction
10 CFR part 710 sets forth the policies
and procedures for resolving questions
concerning eligibility for DOE access
authorization. Various DOE officials are
assigned specific duties in this process.
Currently, section 710.36 provides that
each of the named officials, with the
exception of the Secretary of Energy and
the Deputy Chief for Operations, Office
of Health, Safety and Security, may
designate his or her duties to other DOE
officials without restriction.
Since the part 710 rule was last
amended in 2001, experience has
demonstrated that conditioning the
Deputy Chief for Operations’ ability to
delegate his part 710 functions solely on
occasions when he is absent from the
office is unduly restrictive, unnecessary,
and administratively inefficient. In
order to enhance the Department’s
ability to effectively manage the
Administrative Review process
prescribed by part 710, the Deputy Chief
of Operations should be accorded
greater flexibility in delegating his
assigned responsibilities under the rule.
In those cases where duties of the
Deputy Chief of Operations are
delegated pursuant to this amendment,
they will continue to be exercised by a
DOE employee in a security-related
Senior Executive Service position
within the Office of Health, Safety and
Security, as approved by the Chief
Health, Safety and Security Officer. In
addition, DOE would update part 710 to
reflect organizational changes within
the Office of Health, Safety and Security
by replacing ‘‘Deputy Chief for
Operations’’ wherever it appears in the
rule with ‘‘Principal Deputy Chief for
Mission Support Operations’’.
The regulatory amendments in this
final rule do not alter substantive rights
or obligations under current law.
II. Procedural Requirements
A. Review Under Executive Orders
12866 and 13563
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). DOE has also reviewed
this regulation pursuant to Executive
Order 13563, issued on January 18, 2011
(76 FR 3281 (Jan. 21, 2011)). Executive
Order 13563 is supplemental to and
explicitly reaffirms the principles,
structures, and definitions governing
regulatory review established in
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Federal Register / Vol. 77, No. 233 / Tuesday, December 4, 2012 / Rules and Regulations
Executive Order 12866. To the extent
permitted by law, agencies are required
by Executive Order 13563 to: (1)
Propose or adopt a regulation only upon
a reasoned determination that its
benefits justify its costs (recognizing
that some benefits and costs are difficult
to quantify); (2) tailor regulations to
impose the least burden on society,
consistent with obtaining regulatory
objectives, taking into account, among
other things, and to the extent
practicable, the costs of cumulative
regulations; (3) select, in choosing
among alternative regulatory
approaches, those approaches that
maximize net benefits (including
potential economic, environmental,
public health and safety, and other
advantages; distributive impacts; and
equity); (4) to the extent feasible, specify
performance objectives, rather than
specifying the behavior or manner of
compliance that regulated entities must
adopt; and (5) identify and assess
available alternatives to direct
regulation, including providing
economic incentives to encourage the
desired behavior, such as user fees or
marketable permits, or providing
information upon which choices can be
made by the public.
DOE emphasizes as well that
Executive Order 13563 requires agencies
to use the best available techniques to
quantify anticipated present and future
benefits and costs as accurately as
possible. In its guidance, the Office of
Information and Regulatory Affairs has
emphasized that such techniques may
include identifying changing future
compliance costs that might result from
technological innovation or anticipated
behavioral changes. DOE believes that
today’s rule is consistent with these
principles, including the requirement
that, to the extent permitted by law,
agencies adopt a regulation only upon a
reasoned determination that its benefits
justify its costs and, in choosing among
alternative regulatory approaches, those
approaches maximize net benefits.
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B. Administrative Procedure Act
The regulatory amendments in this
notice of final rulemaking reflect a
transfer of function that relates solely to
internal agency organization,
management or personnel. As such,
pursuant to 5 U.S.C. 553(a)(2), this rule
is not subject to the rulemaking
requirements of the Administrative
Procedure Act, including the
requirements to provide prior notice
and an opportunity for public comment
and a 30-day delay in effective date.
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C. Review Under the Regulatory
Flexibility Act
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) requires preparation
of an initial regulatory flexibility
analysis for any rule that by law must
be proposed for public comment, unless
the agency certifies that the rule, if
promulgated, will not have a significant
economic impact on a substantial
number of small entities. As required by
Executive Order 13272, ‘‘Proper
Consideration of Small Entities in
Agency Rulemaking,’’ 67 FR 53461
(August 16, 2002), DOE published
procedures and policies to ensure that
the potential impacts of its draft rules
on small entities are properly
considered during the rulemaking
process (68 FR 7990, February 19, 2003),
and has made them available on the
Office of General Counsel’s Web site:
https://www.gc.doe.gov. As this rule of
agency organization, management and
personnel is not subject to the
requirement to provide prior notice and
an opportunity for public comment
under 5 U.S.C. 553 or any other law,
this rule is not subject to the analytical
requirements of the Regulatory
Flexibility Act.
D. 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.).
E. 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.
F. Review Under Executive Order 13132
Executive Order 13132, ‘‘Federalism,’’
64 FR 43255 (August 4, 1999) imposes
certain requirements on agencies
formulating and implementing policies
or regulations that preempt State law or
that have federalism implications.
Agencies are required to examine the
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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.
G. 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.
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Federal Register / Vol. 77, No. 233 / Tuesday, December 4, 2012 / Rules and Regulations
H. 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.
I. 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.
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J. 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 guideline 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 rule under the OMB
and DOE guidelines and has concluded
that it is consistent with applicable
policies in those guidelines.
K. Review Under Executive Order 13211
Executive Order 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use,’’ 66 FR 28355 (May
22, 2001) requires Federal agencies to
prepare and submit to 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
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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.
L. 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. 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).
M. Approval by the Office of the
Secretary of Energy
The Office of the Secretary of Energy
has approved issuance of this rule.
List of Subjects in 10 CFR Part 710
Administrative practice and
procedure, Classified information,
Government contracts, Government
employees, Nuclear materials.
Issued in Washington, DC, on November
26, 2012.
Gregory H. Woods,
General Counsel.
71691
3. Section 710.36 is revised to read as
follows:
■
§ 710.36
Acting officials.
Except for the Secretary, the
responsibilities and authorities
conferred in this subpart may be
exercised by persons who have been
designated in writing as acting for, or in
the temporary capacity of, the following
DOE positions: The Local Director of
Security; the Manager; the Director,
Office of Personnel Security, DOE
Headquarters; or the General Counsel.
The responsibilities and authorities of
the Principal Deputy Chief for Mission
Support Operations, Office of Health,
Safety and Security, may be exercised
by persons in security-related Senior
Executive Service positions within the
Office of Health, Safety and Security
who have been designated in writing as
acting for, or in the temporary capacity
of, the Principal Deputy Chief for
Mission Support Operations, with the
approval of the Chief Health, Safety and
Security Officer.
[FR Doc. 2012–29234 Filed 12–3–12; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 21
For the reasons stated in the
preamble, DOE amends part 710 of
chapter III, title 10, Code of Federal
Regulations, as set forth below:
[Docket No. FAA–2001–8994; Amdt. No. 21–
96]
PART 710—CRITERIA AND
PROCEDURES FOR DETERMINING
ELIGIBILTY FOR ACCESS TO
CLASSIFIED MATTER OR SPECIAL
NUCLEAR MATERIAL
Type Certification Procedures for
Changed Products
1. The authority citation for part 710
is revised to read as follows:
■
Authority: 42 U.S.C. 2165, 2201, 5815,
7101, et seq., 7383h–l; 50 U.S.C. 2401 et seq.;
E.O. 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. 13526, 3 CFR 2010 Comp., pp. 298–327
(or successor orders); E.O. 12968, 3 CFR 1995
Comp., p. 391.
§§ 710.9, 710.10, 710.28, 710.29, 710.30,
710.31, and 710.32 [Amended]
2. Sections 710.9(e); 710.10(f);
710.28(c)(2); 710.29(a), (b), (c), (d), (f),
(g), (h), (i) ; 710.30(b)(2); 710.31(a), (b),
(d); and 710.32(c) are amended by
removing the words ‘‘Deputy Chief for
Operations’’ and adding, in their place,
the words ‘‘Principal Deputy Chief for
Mission Support Operations’’ wherever
they appear.
■
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RIN 2120–AK19
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
The FAA is revising a final
rule published on June 7, 2000 (65 FR
36244). In that final rule, the FAA
amended its regulations for the
certification of changes to typecertificated products. That amendment
was to enhance safety by applying the
latest airworthiness standards, to the
extent practical, for the certification of
significant design changes of aircraft,
aircraft engines, and propellers. The
existing rule requires the applicant
show that the ‘‘changed product’’
complies with applicable standards.
This action revises that requirement so
that an applicant is required to show
compliance only for the change and
areas affected by the change. The
intended effect of this action is to make
the regulation consistent with the FAA’s
SUMMARY:
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]]>Agencies
[Federal Register Volume 77, Number 233 (Tuesday, December 4, 2012)]
[Rules and Regulations]
[Pages 71689-71691]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29234]
=======================================================================
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DEPARTMENT OF ENERGY
10 CFR Part 710
RIN 1992-AA36
Criteria and Procedures for Determining Eligibility for Access to
Classified Matter or Special Nuclear Material: Technical Amendments
AGENCY: Office of the General Counsel, Department of Energy (DOE).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DOE is amending its regulations at 10 CFR part 710, which sets
forth the policies and procedures for resolving questions concerning
eligibility for DOE access authorization, to revise a provision
concerning designation of an acting official and to update the
official's title. Specifically, the duties assigned to the Principal
Deputy for Mission Support Operations (formerly, the Deputy Chief for
Operations), Office of Health, Safety and Security, may now be
exercised by a person or persons designated in writing as acting for,
or in the temporary capacity of, that official. Currently, the part 710
regulations state that this official's duties may be exercised by
another individual only in the official's absence. Today's final rule
also revises one title: ``Principal Deputy for Mission Support
Operations'' replaces ``Deputy Chief for Operations''.
DATES: Effective Date: This rule is effective on December 4, 2012.
FOR FURTHER INFORMATION CONTACT: Christina Pak, Office of the General
Counsel, GC-52, 1000 Independence Avenue SW., Washington, DC 20585;
Christina.Pak@hq.doe.gov; 202-586-4114; Mark R. Pekrul, Office of
Departmental Personnel Security, 1000 Independence Avenue SW.,
Washington, DC 20585; Mark.Pekrul@hq.doe.gov; 202-586-3249.
SUPPLEMENTARY INFORMATION:
I. Introduction
10 CFR part 710 sets forth the policies and procedures for
resolving questions concerning eligibility for DOE access
authorization. Various DOE officials are assigned specific duties in
this process. Currently, section 710.36 provides that each of the named
officials, with the exception of the Secretary of Energy and the Deputy
Chief for Operations, Office of Health, Safety and Security, may
designate his or her duties to other DOE officials without restriction.
Since the part 710 rule was last amended in 2001, experience has
demonstrated that conditioning the Deputy Chief for Operations' ability
to delegate his part 710 functions solely on occasions when he is
absent from the office is unduly restrictive, unnecessary, and
administratively inefficient. In order to enhance the Department's
ability to effectively manage the Administrative Review process
prescribed by part 710, the Deputy Chief of Operations should be
accorded greater flexibility in delegating his assigned
responsibilities under the rule. In those cases where duties of the
Deputy Chief of Operations are delegated pursuant to this amendment,
they will continue to be exercised by a DOE employee in a security-
related Senior Executive Service position within the Office of Health,
Safety and Security, as approved by the Chief Health, Safety and
Security Officer. In addition, DOE would update part 710 to reflect
organizational changes within the Office of Health, Safety and Security
by replacing ``Deputy Chief for Operations'' wherever it appears in the
rule with ``Principal Deputy Chief for Mission Support Operations''.
The regulatory amendments in this final rule do not alter
substantive rights or obligations under current law.
II. Procedural Requirements
A. Review Under Executive Orders 12866 and 13563
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). DOE has also reviewed this regulation
pursuant to Executive Order 13563, issued on January 18, 2011 (76 FR
3281 (Jan. 21, 2011)). Executive Order 13563 is supplemental to and
explicitly reaffirms the principles, structures, and definitions
governing regulatory review established in
[[Page 71690]]
Executive Order 12866. To the extent permitted by law, agencies are
required by Executive Order 13563 to: (1) Propose or adopt a regulation
only upon a reasoned determination that its benefits justify its costs
(recognizing that some benefits and costs are difficult to quantify);
(2) tailor regulations to impose the least burden on society,
consistent with obtaining regulatory objectives, taking into account,
among other things, and to the extent practicable, the costs of
cumulative regulations; (3) select, in choosing among alternative
regulatory approaches, those approaches that maximize net benefits
(including potential economic, environmental, public health and safety,
and other advantages; distributive impacts; and equity); (4) to the
extent feasible, specify performance objectives, rather than specifying
the behavior or manner of compliance that regulated entities must
adopt; and (5) identify and assess available alternatives to direct
regulation, including providing economic incentives to encourage the
desired behavior, such as user fees or marketable permits, or providing
information upon which choices can be made by the public.
DOE emphasizes as well that Executive Order 13563 requires agencies
to use the best available techniques to quantify anticipated present
and future benefits and costs as accurately as possible. In its
guidance, the Office of Information and Regulatory Affairs has
emphasized that such techniques may include identifying changing future
compliance costs that might result from technological innovation or
anticipated behavioral changes. DOE believes that today's rule is
consistent with these principles, including the requirement that, to
the extent permitted by law, agencies adopt a regulation only upon a
reasoned determination that its benefits justify its costs and, in
choosing among alternative regulatory approaches, those approaches
maximize net benefits.
B. Administrative Procedure Act
The regulatory amendments in this notice of final rulemaking
reflect a transfer of function that relates solely to internal agency
organization, management or personnel. As such, pursuant to 5 U.S.C.
553(a)(2), this rule is not subject to the rulemaking requirements of
the Administrative Procedure Act, including the requirements to provide
prior notice and an opportunity for public comment and a 30-day delay
in effective date.
C. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of an initial regulatory flexibility analysis for any rule
that by law must be proposed for public comment, unless the agency
certifies that the rule, if promulgated, will not have a significant
economic impact on a substantial number of small entities. As required
by Executive Order 13272, ``Proper Consideration of Small Entities in
Agency Rulemaking,'' 67 FR 53461 (August 16, 2002), DOE published
procedures and policies to ensure that the potential impacts of its
draft rules on small entities are properly considered during the
rulemaking process (68 FR 7990, February 19, 2003), and has made them
available on the Office of General Counsel's Web site: https://www.gc.doe.gov. As this rule of agency organization, management and
personnel is not subject to the requirement to provide prior notice and
an opportunity for public comment under 5 U.S.C. 553 or any other law,
this rule is not subject to the analytical requirements of the
Regulatory Flexibility Act.
D. 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.).
E. 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.
F. Review Under Executive Order 13132
Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 4, 1999)
imposes certain requirements on agencies formulating and implementing
policies or regulations that preempt State law or that have federalism
implications. Agencies are required to examine the constitutional and
statutory authority supporting any action that would limit the
policymaking discretion of the States and carefully assess the
necessity for such actions. The Executive Order also requires agencies
to have an accountable process to ensure meaningful and timely input by
State and local officials in the development of regulatory policies
that have federalism implications. On March 14, 2000, DOE published a
statement of policy describing the intergovernmental consultation
process it will follow in the development of such regulations (65 FR
13735). DOE has examined 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.
G. 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.
[[Page 71691]]
H. 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.
I. 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.
J. 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 guideline 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 rule under the OMB and DOE guidelines and has concluded that it
is consistent with applicable policies in those guidelines.
K. Review Under Executive Order 13211
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355
(May 22, 2001) requires Federal agencies to prepare and submit to 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 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.
L. 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. 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).
M. Approval by the Office of the Secretary of Energy
The Office of the Secretary of Energy has approved issuance of this
rule.
List of Subjects in 10 CFR Part 710
Administrative practice and procedure, Classified information,
Government contracts, Government employees, Nuclear materials.
Issued in Washington, DC, on November 26, 2012.
Gregory H. Woods,
General Counsel.
For the reasons stated in the preamble, DOE amends part 710 of
chapter III, title 10, Code of Federal Regulations, as set forth below:
PART 710--CRITERIA AND PROCEDURES FOR DETERMINING ELIGIBILTY FOR
ACCESS TO CLASSIFIED MATTER OR SPECIAL NUCLEAR MATERIAL
0
1. The authority citation for part 710 is revised to read as follows:
Authority: 42 U.S.C. 2165, 2201, 5815, 7101, et seq., 7383h-l;
50 U.S.C. 2401 et seq.; E.O. 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. 13526, 3 CFR 2010 Comp., pp. 298-327 (or
successor orders); E.O. 12968, 3 CFR 1995 Comp., p. 391.
Sec. Sec. 710.9, 710.10, 710.28, 710.29, 710.30, 710.31, and 710.32
[Amended]
0
2. Sections 710.9(e); 710.10(f); 710.28(c)(2); 710.29(a), (b), (c),
(d), (f), (g), (h), (i) ; 710.30(b)(2); 710.31(a), (b), (d); and
710.32(c) are amended by removing the words ``Deputy Chief for
Operations'' and adding, in their place, the words ``Principal Deputy
Chief for Mission Support Operations'' wherever they appear.
0
3. Section 710.36 is revised to read as follows:
Sec. 710.36 Acting officials.
Except for the Secretary, the responsibilities and authorities
conferred in this subpart may be exercised by persons who have been
designated in writing as acting for, or in the temporary capacity of,
the following DOE positions: The Local Director of Security; the
Manager; the Director, Office of Personnel Security, DOE Headquarters;
or the General Counsel. The responsibilities and authorities of the
Principal Deputy Chief for Mission Support Operations, Office of
Health, Safety and Security, may be exercised by persons in security-
related Senior Executive Service positions within the Office of Health,
Safety and Security who have been designated in writing as acting for,
or in the temporary capacity of, the Principal Deputy Chief for Mission
Support Operations, with the approval of the Chief Health, Safety and
Security Officer.
[FR Doc. 2012-29234 Filed 12-3-12; 8:45 am]
BILLING CODE 6450-01-P
