Hearing Officer and Administrative Judge, 52389-52391 [2013-20597]
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52389
Rules and Regulations
Federal Register
Vol. 78, No. 164
Friday, August 23, 2013
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
DEPARTMENT OF ENERGY
10 CFR Parts 708 and 710
RIN 1992–AA36
Hearing Officer and Administrative
Judge
Office of Hearings and Appeals,
Department of Energy (DOE).
ACTION: Final rule; technical
amendments.
AGENCY:
DOE is amending its
regulations which set forth the
procedures for processing complaints by
employees of DOE contractors alleging
retaliation by the employers for
disclosure of certain information, for
participation in congressional
proceedings, or for refusal to participate
in dangerous activities, and which set
forth the procedures for resolving
questions concerning eligibility for DOE
authorization to access classified matter
or special nuclear material by replacing
the term ‘‘Hearing Officer’’ with
‘‘Administrative Judge.’’
DATES: This rule is effective on August
23, 2013.
FOR FURTHER INFORMATION CONTACT: Poli
A. Marmolejos, Director, Office of
Hearings and Appeals, HG–1, 1000
Independence Avenue SW, Washington,
DC 20585; Poli.Marmolejos@hq.doe.gov;
202–287–1566.
SUPPLEMENTARY INFORMATION:
SUMMARY:
emcdonald on DSK67QTVN1PROD with RULES
I. Introduction
Regulations at 10 CFR part 708 set
forth the procedures for processing
complaints by employees of DOE
contractors alleging retaliation by their
employers for disclosure of information
concerning danger to public or worker
health or safety, substantial violations of
law, or gross mismanagement; for
participation in congressional
proceedings; or for refusal to participate
in dangerous activities. Various DOE
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16:22 Aug 22, 2013
Jkt 229001
personnel are assigned specific duties in
this process. Currently, whenever the
parties fail to resolve complaints
informally and the complainant requests
a hearing under § 708.21, a ‘‘hearing
officer’’ presides over an evidentiary
administrative hearing.
Regulations at 10 CFR part 710 set
forth the criteria and procedures for
resolving questions concerning
eligibility for DOE access authorization
(or security clearance). Various DOE
personnel are assigned specific duties in
this process. Currently, a ‘‘hearing
officer’’ presides over an evidentiary
administrative review hearing when an
applicant for, or holder of, access
authorization requests such a hearing
under § 710.21.
Personnel in other agencies of the
Federal Government who perform
identical or similar duties, both in the
specific contexts of adverse employment
actions and security clearance and in
other areas, are commonly referred to as
‘‘Administrative Judges.’’
To accurately recognize the
adjudicative duties performed by DOE
hearing officers under parts 708 and
710, and for greater consistency with the
title employed by other Federal agencies
for positions that carry the same or
essentially identical duties and
responsibilities, this final rule replaces
all references to the term ‘‘Hearing
Officer,’’ in both parts, with the term
‘‘Administrative Judge.’’
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
It has been determined that this
nomenclature change is not ‘‘a
significant regulatory action,’’ as
defined in Executive Order 12866,
‘‘Regulatory Planning and Review,’’ 58
FR 51735 (October 4, 1993).
Accordingly, this action is not subject to
review under Executive Order 12866 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 (76
FR 3281 (Jan. 21, 2011)). Executive
Order 13563 is supplemental to, and
explicitly reaffirms the principles,
structures, and definitions governing,
the regulatory review established in
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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 the
principles of Executive Order 13563.
B. Administrative Procedure Act
The regulatory amendments in this
notice of final rulemaking reflect a
nomenclature change that relates solely
to internal agency organization,
management, and 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.
E:\FR\FM\23AUR1.SGM
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Federal Register / Vol. 78, No. 164 / Friday, August 23, 2013 / Rules and Regulations
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 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.).
emcdonald on DSK67QTVN1PROD with RULES
E. Review Under the National
Environmental Policy Act
DOE has concluded that promulgation
of this rule will 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
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16:22 Aug 22, 2013
Jkt 229001
consultation process it will follow in the
development of such regulations (65 FR
13735). DOE has determined that this
final rule 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.
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.
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Fmt 4700
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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
final rule will not have any impact on
the autonomy or integrity of the family
as an institution. Accordingly, DOE has
concluded that it is not necessary to
prepare a Family Policymaking
Assessment.
J. Review Under the Treasury and
General Government Appropriations
Act, 2001
The Treasury and General
Government Appropriations Act, 2001
(44 U.S.C. 3501, et seq.) requires that
agencies review 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 this final rule under the OMB
and DOE guidelines and has concluded
that it is consistent with 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) of the 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.
This final rule is not a significant energy
action. Accordingly, DOE has not
prepared a Statement of Energy Effects.
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Federal Register / Vol. 78, No. 164 / Friday, August 23, 2013 / Rules and Regulations
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. 804(2).
M. Approval by the Office of the
Secretary of Energy
The Office of the Secretary of Energy
has approved the issuance of this final
rule.
List of Subjects
10 CFR Part 708
Administrative practice and
procedure, Government contracts,
Whistleblowing.
(or successor orders); E.O. 12968, 3 CFR 1995
Comp., p. 391.
§§ 710.5, 710.21, 710.22, 710.25, 710.26,
710.27, 710.28, 710.29, 710.30, 710.32,
710.34, and 710.35 [Amended]
4. Sections 710.5(a); 710.21(b)(3)(ii)
and (6) through (8); 710.22(a)(1) through
(3); 710.25 section heading and (b)
through (f); 710.26(a) through (k), (l)
introductory text, (l)(2)(ii), and (p);
710.27; 710.28 section heading, (a)(1)
and (4), (b) introductory text, (b)(3), and
(c) introductory text; 710.29(i);
710.30(b)(1) and (2); 710.32(a) and (b)
introductory text; 710.34; and 710.35 are
amended by removing the words
‘‘Hearing Officer’’ and adding, in their
place, the words ‘‘Administrative
Judge’’.
■
10 CFR Part 710
Administrative practice and
procedure, Classified information,
Government contracts, Government
employees, Nuclear materials.
[FR Doc. 2013–20597 Filed 8–22–13; 8:45 am]
Issued in Washington, DC, on August 19,
2013.
Poli A. Marmolejos,
Director, Office of Hearings and Appeals.
12 CFR Part 246
For the reasons stated in the
preamble, DOE amends parts 708 and
710 of chapter III, title 10, Code of
Federal Regulations, as set forth below:
Supervision and Regulation
Assessments for Bank Holding
Companies and Savings and Loan
Holding Companies With Total
Consolidated Assets of $50 Billion or
More and Nonbank Financial
Companies Supervised by the Federal
Reserve
BILLING CODE 6450–01–P
FEDERAL RESERVE SYSTEM
PART 708—DOE CONTRACTOR
EMPLOYEE PROTECTION PROGRAM
1. The authority citation for part 708
continues to read as follows:
■
§§ 708.2, 708.24, 708.25, 708.26, 708.27,
708.28, 708.30, 708.31, and 708.32
[Amended]
2. Sections 708.2 (definition);
708.24(b); 708.25; 708.26; 708.27;
708.28(b); 708.30; 708.31; and 708.32(a)
and (c) are amended by removing the
words ‘‘Hearing Officer’’ and adding in
their place the words ‘‘Administrative
Judge’’.
■
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PART 710—CRITERIA AND
PROCEDURES FOR DETERMINING
ELIGIBILTY FOR ACCESS TO
CLASSIFIED MATTER OR SPECIAL
NUCLEAR MATERIAL
3. The authority citation for part 710
continues to read as follows:
■
Authority: 42 U.S.C. 2165, 2201, 5815,
7101, et seq., 7383h–l; 50 U.S.C. 2401 et seq.;
E.O. 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
16:22 Aug 22, 2013
Jkt 229001
RIN 7100–AD–95
Board of Governors of the
Federal Reserve System.
ACTION: Final rule.
AGENCY:
Authority: 42 U.S.C. 2201(b), 2201(c),
2201(l), and 2201(p); 42 U.S.C. 5814 and
5815; 42 U.S.C. 7251, 7254, 7255, and 7256;
and 5 U.S.C. Appendix 3.
VerDate Mar<15>2010
[Regulation TT; Docket No. R–1457]
The Board of Governors of the
Federal Reserve System (Board) is
adopting a final rule to implement
section 318 of the Dodd-Frank Wall
Street Reform and Consumer Protection
Act (Dodd-Frank Act). Section 318
directs the Board to collect assessments,
fees, or other charges equal to the total
expenses the Board estimates are
necessary or appropriate to carry out the
supervisory and regulatory
responsibilities of the Board for bank
holding companies and savings and
loan holding companies with total
consolidated assets of $50 billion or
more and nonbank financial companies
designated for Board supervision by the
Financial Stability Oversight Council.
DATES: Effective date: The final rule is
effective October 25, 2013.
FOR FURTHER INFORMATION CONTACT:
Mark Greiner, Senior Supervisory
Financial Analyst (202–452–5290),
Nancy Perkins, Assistant Director (202–
973–5006), or William Spaniel, Senior
SUMMARY:
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Fmt 4700
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52391
Associate Director (202–452–3469),
Division of Banking Supervision and
Regulation; Laurie Schaffer, Associate
General Counsel (202–452–2272), or
Michelle Moss Kidd, Attorney (202–
736–5554), Legal Division; Board of
Governors of the Federal Reserve
System, 20th and C Streets NW.,
Washington, DC 20551. Users of
Telecommunication Device for the Deaf
(TTD) only, contact (202) 263–4869.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. Description of the Final Rule
A. Key Definitions
1. Assessed Companies
2. Total Assessable Assets
3. Assessment Periods
4. Assessment Basis
B. Apportioning the Assessment Basis to
Assessed Companies
1. Apportionment Based on Size
2. Assessment Formula
C. Collection Procedures
1. Notice of Assessment and Appeal
Procedure
2. Collection of Assessments
D. Revisions to the FR Y–7Q
III. Administrative Law Matters
A. Solicitation of Comments and Use of
Plain Language
B. Paperwork Reduction Act Analysis
C. Regulatory Flexibility Act Analysis
I. Introduction
On April 18, 2013, the Board
published in the Federal Register a
notice of proposed rulemaking (the NPR
or the proposal) seeking public
comment on the Board’s proposal to
implement section 318 of the DoddFrank Act.1 Section 318 directs the
Board to collect assessments, fees, or
other charges (assessments) from bank
holding companies (BHCs) and savings
and loan holding companies (SLHCs)
with $50 billion or more in total
consolidated assets, and from nonbank
financial companies designated by the
Financial Stability Oversight Council
(Council) pursuant to section 113 of the
Dodd-Frank Act for supervision by the
Board (Board-supervised nonbank
financial companies), (collectively,
assessed companies), equal to the
expenses the Board estimates are
necessary or appropriate to carry out its
supervision and regulation of those
companies. The proposed rule outlined
the Board’s assessment program,
including how the Board would: (a)
Determine which companies are
assessed companies for each calendaryear assessment period, (b) estimate the
total expenses that are necessary or
appropriate to carry out the supervisory
and regulatory responsibilities to be
1 78
E:\FR\FM\23AUR1.SGM
FR 23162 (April 18, 2013).
23AUR1
Agencies
[Federal Register Volume 78, Number 164 (Friday, August 23, 2013)]
[Rules and Regulations]
[Pages 52389-52391]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-20597]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 78, No. 164 / Friday, August 23, 2013 / Rules
and Regulations
[[Page 52389]]
DEPARTMENT OF ENERGY
10 CFR Parts 708 and 710
RIN 1992-AA36
Hearing Officer and Administrative Judge
AGENCY: Office of Hearings and Appeals, Department of Energy (DOE).
ACTION: Final rule; technical amendments.
-----------------------------------------------------------------------
SUMMARY: DOE is amending its regulations which set forth the procedures
for processing complaints by employees of DOE contractors alleging
retaliation by the employers for disclosure of certain information, for
participation in congressional proceedings, or for refusal to
participate in dangerous activities, and which set forth the procedures
for resolving questions concerning eligibility for DOE authorization to
access classified matter or special nuclear material by replacing the
term ``Hearing Officer'' with ``Administrative Judge.''
DATES: This rule is effective on August 23, 2013.
FOR FURTHER INFORMATION CONTACT: Poli A. Marmolejos, Director, Office
of Hearings and Appeals, HG-1, 1000 Independence Avenue SW, Washington,
DC 20585; Poli.Marmolejos@hq.doe.gov; 202-287-1566.
SUPPLEMENTARY INFORMATION:
I. Introduction
Regulations at 10 CFR part 708 set forth the procedures for
processing complaints by employees of DOE contractors alleging
retaliation by their employers for disclosure of information concerning
danger to public or worker health or safety, substantial violations of
law, or gross mismanagement; for participation in congressional
proceedings; or for refusal to participate in dangerous activities.
Various DOE personnel are assigned specific duties in this process.
Currently, whenever the parties fail to resolve complaints informally
and the complainant requests a hearing under Sec. 708.21, a ``hearing
officer'' presides over an evidentiary administrative hearing.
Regulations at 10 CFR part 710 set forth the criteria and
procedures for resolving questions concerning eligibility for DOE
access authorization (or security clearance). Various DOE personnel are
assigned specific duties in this process. Currently, a ``hearing
officer'' presides over an evidentiary administrative review hearing
when an applicant for, or holder of, access authorization requests such
a hearing under Sec. 710.21.
Personnel in other agencies of the Federal Government who perform
identical or similar duties, both in the specific contexts of adverse
employment actions and security clearance and in other areas, are
commonly referred to as ``Administrative Judges.''
To accurately recognize the adjudicative duties performed by DOE
hearing officers under parts 708 and 710, and for greater consistency
with the title employed by other Federal agencies for positions that
carry the same or essentially identical duties and responsibilities,
this final rule replaces all references to the term ``Hearing
Officer,'' in both parts, with the term ``Administrative Judge.''
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
It has been determined that this nomenclature change is not ``a
significant regulatory action,'' as defined in Executive Order 12866,
``Regulatory Planning and Review,'' 58 FR 51735 (October 4, 1993).
Accordingly, this action is not subject to review under Executive Order
12866 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 (76 FR 3281 (Jan. 21, 2011)). Executive Order 13563 is
supplemental to, and explicitly reaffirms the principles, structures,
and definitions governing, the regulatory review established in
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 the principles of Executive Order 13563.
B. Administrative Procedure Act
The regulatory amendments in this notice of final rulemaking
reflect a nomenclature change that relates solely to internal agency
organization, management, and 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.
[[Page 52390]]
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 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 will 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 determined that this final rule 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.
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 final rule will not have any impact on the autonomy or integrity
of the family as an institution. Accordingly, DOE has concluded that it
is not necessary to prepare a Family Policymaking Assessment.
J. Review Under the Treasury and General Government Appropriations Act,
2001
The Treasury and General Government Appropriations Act, 2001 (44
U.S.C. 3501, et seq.) requires that agencies review 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 this final
rule under the OMB and DOE guidelines and has concluded that it is
consistent with 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) of the 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.
This final rule is not a significant energy action. Accordingly, DOE
has not prepared a Statement of Energy Effects.
[[Page 52391]]
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. 804(2).
M. Approval by the Office of the Secretary of Energy
The Office of the Secretary of Energy has approved the issuance of
this final rule.
List of Subjects
10 CFR Part 708
Administrative practice and procedure, Government contracts,
Whistleblowing.
10 CFR Part 710
Administrative practice and procedure, Classified information,
Government contracts, Government employees, Nuclear materials.
Issued in Washington, DC, on August 19, 2013.
Poli A. Marmolejos,
Director, Office of Hearings and Appeals.
For the reasons stated in the preamble, DOE amends parts 708 and
710 of chapter III, title 10, Code of Federal Regulations, as set forth
below:
PART 708--DOE CONTRACTOR EMPLOYEE PROTECTION PROGRAM
0
1. The authority citation for part 708 continues to read as follows:
Authority: 42 U.S.C. 2201(b), 2201(c), 2201(l), and 2201(p); 42
U.S.C. 5814 and 5815; 42 U.S.C. 7251, 7254, 7255, and 7256; and 5
U.S.C. Appendix 3.
Sec. Sec. 708.2, 708.24, 708.25, 708.26, 708.27, 708.28, 708.30,
708.31, and 708.32 [Amended]
0
2. Sections 708.2 (definition); 708.24(b); 708.25; 708.26; 708.27;
708.28(b); 708.30; 708.31; and 708.32(a) and (c) are amended by
removing the words ``Hearing Officer'' and adding in their place the
words ``Administrative Judge''.
PART 710--CRITERIA AND PROCEDURES FOR DETERMINING ELIGIBILTY FOR
ACCESS TO CLASSIFIED MATTER OR SPECIAL NUCLEAR MATERIAL
0
3. The authority citation for part 710 continues to read as follows:
Authority: 42 U.S.C. 2165, 2201, 5815, 7101, et seq., 7383h-l;
50 U.S.C. 2401 et seq.; E.O. 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. 710.5, 710.21, 710.22, 710.25, 710.26, 710.27, 710.28,
710.29, 710.30, 710.32, 710.34, and 710.35 [Amended]
0
4. Sections 710.5(a); 710.21(b)(3)(ii) and (6) through (8);
710.22(a)(1) through (3); 710.25 section heading and (b) through (f);
710.26(a) through (k), (l) introductory text, (l)(2)(ii), and (p);
710.27; 710.28 section heading, (a)(1) and (4), (b) introductory text,
(b)(3), and (c) introductory text; 710.29(i); 710.30(b)(1) and (2);
710.32(a) and (b) introductory text; 710.34; and 710.35 are amended by
removing the words ``Hearing Officer'' and adding, in their place, the
words ``Administrative Judge''.
[FR Doc. 2013-20597 Filed 8-22-13; 8:45 am]
BILLING CODE 6450-01-P