Acquisition Regulation: Technical and Administrative Changes to Department of Energy Acquisition Regulation, 15517-15520 [2015-06572]

Agencies

• DEPARTMENT OF ENERGY

[Federal Register Volume 80, Number 56 (Tuesday, March 24, 2015)]
[Rules and Regulations]
[Pages 15517-15520]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-06572]


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DEPARTMENT OF ENERGY

48 CFR Part 970

RIN 1991-AC07


Acquisition Regulation: Technical and Administrative Changes to 
Department of Energy Acquisition Regulation

AGENCY: Department of Energy.

ACTION: Final rule; technical amendment.

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SUMMARY: The Department of Energy (DOE) is amending the Department of 
Energy Acquisition Regulation (DEAR) to make technical and 
administrative changes to the DEAR by changing the term ``Work for 
Others'' to ``Strategic Partnership Projects'' and ``WFO'' to ``SPP'' 
in every instance where it appears in the DEAR. This final rule does 
not alter substantive rights or obligations under current law.

DATES: Effective date: April 23, 2015.

FOR FURTHER INFORMATION CONTACT: Lawrence Butler, (202) 287-1945 or 
lawrence.butler@hq.doe.gov.

SUPPLEMENTARY INFORMATION:
I. Background
II. Section-by-Section Analysis
III. Procedural Requirements
    A. Review Under Executive Order 12866 and 13563.
    B. Review Under Executive Order 12988.
    C. Review Under the Regulatory Flexibility Act.
    D. Review Under the Paperwork Reduction Act.
    E. Review Under the National Environmental Policy Act.
    F. Review Under Executive Order 13132.
    G. Review Under the Unfunded Mandates Reform Act of 1995.
    H. Review Under the Treasury and General Government 
Appropriations Act, 1999.
    I. Review Under Executive Order 13211.
    J. Review Under the Treasury and General Government 
Appropriations Act, 2001.
    K. Administrative Procedure Act
    L. Congressional Notification
    M. Approval by the Office of the Secretary of Energy.

I. Background

    Since July 1991, DOE has officially used the term ``Work for 
Others'' to describe work performed by its national laboratories for 
non-DOE entities, including other Federal agencies, universities, and 
the private sector. Projects performed under the Work for Others 
program provide solutions to difficult technical challenges vital to 
maintaining strong national security and promoting economic 
competitiveness. To better convey the importance of projects that the 
laboratories perform for other entities, DOE has decided to change the 
term ``Work for Others (WFO) to ``Strategic Partnership Projects 
(SPP)''. The national laboratories/plants/sites and DOE programs 
assisted in determining the new name. This change will take place 
immediately and will be implemented throughout DOE and its contractor 
community in the coming months. None of these changes are substantive 
or of a nature to cause any significant expense for DOE or its 
contractors.

II. Section-by-Section Analysis

    DOE amends the DEAR as follows:
    PART 970-DOE MANAGEMENT AND OPERATING CONTRACTS
    1. Section 970.1707, is revised to change the term ``Work for 
Others'' to ``Strategic Partnership Projects''.
    2. Section 970.1707-1, is revised to change the term ``Work for 
Others'' to ``Strategic Partnership Projects'' and change the title for 
DOE Order 481.1C.
    3. Section 970.1707-2, is revised to change the term ``Work for 
Others'' to ``Strategic Partnership Projects''.
    4. Section 970.1707-3, is revised to change the term ``work for 
others'' to ``Strategic Partnership Projects'' in both the title and 
paragraph (a).
    5. Section 970.1707-4, is revised to change the term ``Work for 
Others'' to ``Strategic Partnership Projects''.
    6. Section 970.3270, paragraph (a)(6), is revised to change the 
term ``Work for others'' to ``Strategic Partnership Projects''.
    7. Section 970.3501-2, is revised to change the number and title 
for DOE Order 481.1.
    8. Section 970.5217-1, is revised to change the clause title and 
date, and change the term ``Work for Others'' to ``Strategic 
Partnership Projects'' throughout the clause.
    9. Section 970.5227-1, paragraph (b)(ii), is revised to change the 
term ``Work for Others'' to ``Strategic Partnership Projects''.
    10. Section 970.5227-2, paragraph (b)(1)(ii), is revised to change 
the term ``Work for Others'' to ``Strategic Partnership Projects''.
    11. Section 970.5227-3, is revised to change the term ``Work for 
Others'' to ``Strategic Partnership Projects'' and ``WFO'' to ``SPP'' 
throughout the clause.
    12. Section 970.5227-11, paragraph (c)(2)(viii), is revised to 
change the term ``Work-for-Others'' to ``Strategic Partnership 
Projects''.
    13. Section 970.5227-12, paragraph (c)(1)(viii), is revised to 
change the term ``Work-for-Others'' to ``Strategic Partnership 
Projects''.
    14. Section 970.5232-6, is revised to change the term ``Work for 
Others'' to ``Strategic Partnership Projects''.
    15. Section 970.5235-1, paragraph (c), is revised to change the 
term ``Work for Others'' to ``Strategic Partnership Projects'' and 
change the number and title for DOE Order 481.1 in paragraph (d).

III. Procedural Requirements

A. Review Under Executive Order 12866 and 13563

    This 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 final rule is not subject to review under that 
Executive Order by the Office of Information and Regulatory Affairs 
(OIRA) 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 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

[[Page 15518]]

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 this final 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. 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 
Executive 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.
    With regard to the review required by section 3(a), 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 United States 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 if 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.

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 on February 19, 2003, to ensure that the 
potential impacts of its rules on small entities are properly 
considered during the rulemaking process (68 FR 7990). DOE has made its 
procedures and policies available on the Office of General Counsel's 
Web site at https://www.energy.gov/gc/office-general-counsel.
    The regulatory amendments in this notice of final rulemaking to 
change the term ``Work for Others (WFO)'' to ``Strategic Partnership 
Projects (SPP)'' 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(a)(2)) (APA). There is no 
requirement under the APA or any other law that this rule be proposed 
for public comment. Consequently, this rulemaking is exempt from the 
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. Existing burdens associated with the collection of certain 
contractor data under the DEAR have been cleared under OMB control 
number 1910-4100, with an expiration date of October 31, 2014.

E. Review Under the National Environmental Policy Act

    DOE has concluded that promulgation of this final rule falls into a 
class of actions which would not individually or cumulatively have 
significant impact on the human environment, as determined by DOE's 
regulations (10 CFR part 1021, subpart D) implementing the National 
Environmental Policy Act (NEPA) of 1969 (42 U.S.C. 4321 et seq.). 
Specifically, this proposed rule is categorically excluded from NEPA 
review because the amendments to the DEAR are strictly procedural 
(categorical exclusion A6). Therefore, this rulemaking does not require 
an environmental impact statement or environmental assessment pursuant 
to NEPA.

F. Review Under Executive Order 13132

    Executive Order 13132, 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 requires agencies to 
have an accountability 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 the 
final 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 the Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) generally 
requires a Federal agency to perform a written assessment of costs and 
benefits of any rule imposing a Federal mandate with costs to State, 
local or tribal governments, or to the private sector, of $100 million 
or more. This final rule 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 rulemaking or policy that may 
affect family well-being. This final rule will have no 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 Executive Order 13211

    Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply,

[[Page 15519]]

Distribution, or Use, 66 FR 28355 (May 22, 2001), requires Federal 
agencies to prepare and submit to Office of Information and Regulatory 
Affairs (OIRA), of the Office of Management and Budget (OMB), a 
Statement of Energy Effects for any significant energy action. A 
``significant energy action'' is defined as any action by an agency 
that promulgates 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; (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 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.

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 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 this 
final rule under the OMB and DOE guidelines and has concluded that it 
is consistent with applicable policies in those guidelines.

K. Administrative Procedure Act.

    The regulatory amendments in this notice of final rulemaking to 
change the term ``Work for Others (WFO) to ``Strategic Partnership 
Projects (SPP)'' 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(a)(2)) (APA). There is no 
requirement under the APA or any other law that this rule be proposed 
for public comment.

L. Congressional Notification

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

    Issuance of this final rule has been approved by the Office of the 
Secretary of Energy.

List of Subjects in 48 CFR Part 970

    Government procurement.

    Issued in Washington, DC on March 12, 2015.
Paul Bosco,
Director, Office of Acquisition and Project Management, Department of 
Energy.
Joseph Waddell,
Deputy Associate Administrator, Acquisition and Project Management, 
National Nuclear Security Administration.

    For the reasons set out in the preamble, the Department of Energy 
amends chapter 9 of title 48 of the Code of Federal Regulations as set 
forth below.

PART 970--DOE MANAGEMENT AND OPERATING CONTRACTS

0
1. The authority citation for part 970 continues to read as follows:

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


0
2. Section 970.1707 is amended by revising the section heading to read 
as follows:


970.1707  Strategic Partnership Projects.

* * * * *


970.1707-1  [Amended]

0
3. Section 970.1707-1 is amended by:
0
a. Removing the term ``Work for Others'' in two places and adding in 
their places ``Strategic Partnership Projects''; and
0
b. Removing ``DOE Order 481.1C, WORK FOR OTHERS (NON-DEPARTMENT OF 
ENERGY FUNDED WORK)'', and adding in its place ``DOE Order 481.1C, 
Strategic Partnership Projects (Formerly Known as Work for Others (Non-
Department of Energy Funded Work)), or successor version''.


970.1707-2  [Amended]

0
4. Section 970.1707-2 is amended by removing the term ``Work for 
Others'' in the introductory text and adding in its place ``Strategic 
Partnership Projects''.

0
5. Section 970.1707-3 is amended by:
0
a. Revising the section heading; and
0
b. In paragraph (a), removing the term ``work for others'' and adding 
in its place ``strategic partnership projects''.
    The revision reads as follows:


970.1707-3  Terms governing Strategic Partnership Projects.

* * * * *


970.1707-4  [Amended]

0
6. Section 970.1707-4 is amended by removing the term ``Work for 
Others'' wherever it appears and adding in its place ``Strategic 
Partnership Projects''.


970.3270  [Amended]

0
7. Section 970.3270, paragraph (a)(6), is amended by removing the term 
``Work for others'' and adding in its place ``Strategic Partnership 
Projects''.


970.3501-2  [Amended]

0
8. Section 970.3501-2 is amended by removing ``DOE Order 481.1, Work 
for Others (Non-Department of Energy Funded Work)'', and adding in its 
place ``DOE Order 481.1C, Strategic Partnership Projects (Formerly 
Known as Work for Others (Non-Department of Energy Funded Work)), or 
successor version''.

0
9. Section 970.5217-1 is amended by:
0
a. Revising the section heading and clause heading and date; and
0
b. Removing the terms ``work for others'', ``Work for Others'', and 
``Work for others'' wherever they appear and adding in their place 
``Strategic Partnership Projects''; and
    The revisions read as follows:


970.5217-1  Strategic Partnership Projects Program.

* * * * *

STRATEGIC PARTNERSHIP PROJECTS PROGRAM (NON-DOE FUNDED WORK) (April 23, 
2015)

* * * * *


970.5227-1  [Amended]

0
10. Section 970.5227-1, paragraph (b)(1)(ii), is amended by removing 
the term ``Work for Others'' and adding in its place ``Strategic 
Partnership Projects''.


970.5227-2  [Amended]

0
11. Section 970.5227-2, paragraph (b)(1)(ii), is amended by removing 
the term ``Work for Others'' and adding in its place ``Strategic 
Partnership Projects''.


970.5227-3  [Amended]

0
12. Section 970.5227-3 is amended by:
0
a. In paragraphs (a)(2), (c)(1), (n)(4), and (n)(4)(iii), removing the 
terms ``Work for Others'' and ``Work for others'' wherever they appear 
and adding in their place ``Strategic Partnership Projects''; and

[[Page 15520]]

0
b. In paragraphs (a)(2), (d)(4), (d)(9), (n)(4) and (n)(4)(iii), 
removing the acronym ``WFO'' wherever it appears and adding in its 
place ``SPP''.


970.5227-11  [Amended]

0
13. Section 970.5227-12, paragraph (c)(2)(viii), is amended by removing 
the term ``Work-for-Others'' and adding in its place ``Strategic 
Partnership Projects''.


970.5227-12  [Amended]

0
14. Section 970.5227-12, paragraph (c)(1)(viii), is amended by removing 
the term ``Work-for-Others'' and adding in its place ``Strategic 
Partnership Projects''.

0
15. Section 970.5232-6 is amended by:
0
a. Revising the section heading and clause heading and date; and
0
b. Removing the term ``Work for Others'' and adding in its place 
``Strategic Partnership Projects''.
    The revisions read as follows:


970.5232-6  Strategic Partnership Projects funding authorization.

* * * * *

STRATEGIC PARTNERSHIP PROJECT FUNDING AUTHORIZATION (April 23, 2015)

* * * * *


970.5235-1  [Amended]

0
16. Section 970.5235-1 is amended by:
0
a. In paragraph (c), removing ``48 CFR 970.5217-1, Work for Others 
Program'' and adding in its place ``48 CFR 970.5217-1, Strategic 
Partnership Projects Program''; and
0
b. In paragraph (d), removing ``DOE Order 481.1, Work for Others (Non-
Department of Energy Funded Work),'' and adding in its place ``DOE 
Order 481.1C, Strategic Partnership Projects (Formerly Known as Work 
for Others (Non-Department of Energy Funded Work)), or successor 
version''.

[FR Doc. 2015-06572 Filed 3-23-15; 8:45 am]
 BILLING CODE 6450-01-P