Procedural Rules for DOE Nuclear Activities, 8807 [2017-01959]
Download as PDF
Federal Register / Vol. 82, No. 19 / Tuesday, January 31, 2017 / Rules and Regulations
Issued in Washington, DC, on January 24,
2017.
John T. Lucas,
Acting General Counsel.
[FR Doc. 2017–01958 Filed 1–30–17; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
10 CFR Part 820
[Docket No. EA–RM–16–PRDNA]
RIN 1992–AA52
Procedural Rules for DOE Nuclear
Activities
Office of Enterprise
Assessments, Office of Enforcement,
Office of Nuclear Safety Enforcement,
Department of Energy.
ACTION: Final rule; stay of regulations.
AGENCY:
This document stays DOE
regulations for the assessment of civil
penalties against certain contractors and
subcontractors for violations of the
prohibition against an employee who
reports violations of law,
mismanagement, waste, abuse or
dangerous/unsafe workplace conditions,
among other protected activities,
concerning nuclear safety.
DATES: Effective January 31, 2017, 10
CFR 820.2 (the definition for ‘‘DOE
Nuclear Safety Requirements’’), 820.14,
820.20(a) and (b), and appendix A to
part 820, section XIII, are stayed until
March 21, 2017.
FOR FURTHER INFORMATION CONTACT:
Steven Simonson, U.S. Department of
Energy, Office of Enterprise
Assessments/Germantown Building,
1000 Independence Ave. SW.,
Washington, DC 20585–1290. Phone:
(301) 903–2816. Email:
Steven.Simonson@hq.doe.gov.
K.C. Michaels, U.S. Department of
Energy, Office of the General Counsel,
1000 Independence Ave. SW.,
Washington, DC 20585–0121. Phone:
(202) 586–3430. Email:
Kenneth.Michaels@hq.doe.gov.
SUPPLEMENTARY INFORMATION: On
January 20, 2017, the Assistant to the
President and Chief of Staff (‘‘Chief of
Staff’’) issued a memorandum,
published in the Federal Register on
January 24, 2017 (82 FR 8346), outlining
the President’s plan for managing the
Federal regulatory process at the outset
of the new Administration. In
implementation of one of the measures
directed by that memorandum, the
United States Department of Energy
(‘‘DOE’’) hereby temporarily stays
regulations in its final rule amending its
procedural rules for DOE nuclear
asabaliauskas on DSK3SPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
15:52 Jan 30, 2017
Jkt 241001
activities published in the Federal
Register on December 27, 2016. See 81
FR 94910. In the December 27 rule, DOE
clarified that the Department may assess
civil penalties against certain
contractors and subcontractors for
violations of the prohibition against
retaliating against an employee who
reports violations of law,
mismanagement, waste, abuse, or
dangerous/unsafe workplace conditions,
among other protected activities,
concerning nuclear safety (referred to as
‘‘whistleblowers’’). Specifically, DOE
clarified the definition of ‘‘DOE Nuclear
Safety Requirements’’ and clarified that
the prohibition against whistleblower
retaliation is a DOE Nuclear Safety
Requirement to the extent that it
concerns nuclear safety. Consistent with
the memorandum, DOE is temporarily
staying regulations in the final rule by
an additional 60 days starting from
January 20, 2017. The temporary 60-day
stay is necessary to give DOE officials
the opportunity for further review and
consideration of new regulations,
consistent with the Chief of Staff’s
memorandum of January 20, 2017.
To the extent that 5 U.S.C. 553 applies
to this action, it is exempt from notice
and comment because it constitutes a
rule of procedure under 5 U.S.C.
553(b)(A). Alternatively, DOE’s
implementation of this action without
opportunity for public comment,
effective immediately upon publication
in the Federal Register, is based on the
good cause exceptions in 5 U.S.C.
553(b)(B) and 553(d)(3). Pursuant to 5
U.S.C. 553(b)(B), DOE has determined
that good cause exists to forego the
requirement to provide prior notice and
an opportunity for public comment
thereon for this rule as such procedures
would be impracticable, unnecessary
and contrary to the public interest. DOE
is temporarily staying this regulation
pursuant to the previously-noted
memorandum of the Chief of Staff and
is exercising no discretion in
implementing this specific provision of
the memorandum.
As a result, seeking public comment
on this stay is unnecessary and contrary
to the public interest. It is also
impracticable given that the
memorandum was issued on January 20,
2017 and the previous effective date of
the rule at issue was January 26, 2017.
For these same reasons, DOE finds good
cause to waive the 30-day delay in
effective date provided for in 5 U.S.C.
553(d).
PO 00000
Frm 00003
Fmt 4700
Sfmt 4700
8807
Issued in Washington, DC, on January 24,
2017.
John T. Lucas,
Acting General Counsel.
[FR Doc. 2017–01959 Filed 1–30–17; 8:45 am]
BILLING CODE 6450–01–P
FARM CREDIT ADMINISTRATION
12 CFR Part 622
RIN 3052–AD21
Rules of Practice and Procedure;
Adjusting Civil Money Penalties for
Inflation
Farm Credit Administration.
Final rule.
AGENCY:
ACTION:
This regulation implements
inflation adjustments to civil money
penalties (CMPs) that the Farm Credit
Administration (FCA) may impose or
enforce pursuant to the Farm Credit Act
of 1971, as amended (Farm Credit Act),
and pursuant to the Flood Disaster
Protection Act of 1973, as amended by
the National Flood Insurance Reform
Act of 1994 (Reform Act), and further
amended by the Biggert-Waters Flood
Insurance Reform Act of 2012 (BiggertWaters Act).
DATES: This regulation is effective on
January 31, 2017.
FOR FURTHER INFORMATION CONTACT:
Michael T. Wilson, Policy Analyst,
Office of Regulatory Policy, Farm Credit
Administration, McLean, VA 22102–
5090, (703) 883–4124, TTY (703) 883–
4056, or Autumn Agans, AttorneyAdvisor, Office of General Counsel,
Farm Credit Administration, McLean,
VA 22102–5090, (703) 883–4082, TTY
(703) 883–4056.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Objective
The objective of this regulation is to
adjust the maximum CMPs for inflation
through a final rulemaking to retain the
deterrent effect of such penalties.
II. Background
A. Introduction
Section 3(2) of the 1990 Act, as
amended, defines a civil monetary
penalty 1 as any penalty, fine, or other
sanction that: (1) Either is for a specific
monetary amount as provided by
1 Note: While the 1990 Act, as amended by 1996
and 2015 Acts, uses the term ‘‘civil monetary
penalties’’ for these penalties or other sanctions, the
Farm Credit Act and the FCA Regulations use the
term ‘‘civil money penalties.’’ Both terms have the
same meaning. Accordingly, this rule uses the term
civil money penalty, and both terms may be used
interchangeably.
E:\FR\FM\31JAR1.SGM
31JAR1
Agencies
[Federal Register Volume 82, Number 19 (Tuesday, January 31, 2017)]
[Rules and Regulations]
[Page 8807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-01959]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
10 CFR Part 820
[Docket No. EA-RM-16-PRDNA]
RIN 1992-AA52
Procedural Rules for DOE Nuclear Activities
AGENCY: Office of Enterprise Assessments, Office of Enforcement, Office
of Nuclear Safety Enforcement, Department of Energy.
ACTION: Final rule; stay of regulations.
-----------------------------------------------------------------------
SUMMARY: This document stays DOE regulations for the assessment of
civil penalties against certain contractors and subcontractors for
violations of the prohibition against an employee who reports
violations of law, mismanagement, waste, abuse or dangerous/unsafe
workplace conditions, among other protected activities, concerning
nuclear safety.
DATES: Effective January 31, 2017, 10 CFR 820.2 (the definition for
``DOE Nuclear Safety Requirements''), 820.14, 820.20(a) and (b), and
appendix A to part 820, section XIII, are stayed until March 21, 2017.
FOR FURTHER INFORMATION CONTACT:
Steven Simonson, U.S. Department of Energy, Office of Enterprise
Assessments/Germantown Building, 1000 Independence Ave. SW.,
Washington, DC 20585-1290. Phone: (301) 903-2816. Email:
Steven.Simonson@hq.doe.gov.
K.C. Michaels, U.S. Department of Energy, Office of the General
Counsel, 1000 Independence Ave. SW., Washington, DC 20585-0121. Phone:
(202) 586-3430. Email: Kenneth.Michaels@hq.doe.gov.
SUPPLEMENTARY INFORMATION: On January 20, 2017, the Assistant to the
President and Chief of Staff (``Chief of Staff'') issued a memorandum,
published in the Federal Register on January 24, 2017 (82 FR 8346),
outlining the President's plan for managing the Federal regulatory
process at the outset of the new Administration. In implementation of
one of the measures directed by that memorandum, the United States
Department of Energy (``DOE'') hereby temporarily stays regulations in
its final rule amending its procedural rules for DOE nuclear activities
published in the Federal Register on December 27, 2016. See 81 FR
94910. In the December 27 rule, DOE clarified that the Department may
assess civil penalties against certain contractors and subcontractors
for violations of the prohibition against retaliating against an
employee who reports violations of law, mismanagement, waste, abuse, or
dangerous/unsafe workplace conditions, among other protected
activities, concerning nuclear safety (referred to as
``whistleblowers''). Specifically, DOE clarified the definition of
``DOE Nuclear Safety Requirements'' and clarified that the prohibition
against whistleblower retaliation is a DOE Nuclear Safety Requirement
to the extent that it concerns nuclear safety. Consistent with the
memorandum, DOE is temporarily staying regulations in the final rule by
an additional 60 days starting from January 20, 2017. The temporary 60-
day stay is necessary to give DOE officials the opportunity for further
review and consideration of new regulations, consistent with the Chief
of Staff's memorandum of January 20, 2017.
To the extent that 5 U.S.C. 553 applies to this action, it is
exempt from notice and comment because it constitutes a rule of
procedure under 5 U.S.C. 553(b)(A). Alternatively, DOE's implementation
of this action without opportunity for public comment, effective
immediately upon publication in the Federal Register, is based on the
good cause exceptions in 5 U.S.C. 553(b)(B) and 553(d)(3). Pursuant to
5 U.S.C. 553(b)(B), DOE has determined that good cause exists to forego
the requirement to provide prior notice and an opportunity for public
comment thereon for this rule as such procedures would be
impracticable, unnecessary and contrary to the public interest. DOE is
temporarily staying this regulation pursuant to the previously-noted
memorandum of the Chief of Staff and is exercising no discretion in
implementing this specific provision of the memorandum.
As a result, seeking public comment on this stay is unnecessary and
contrary to the public interest. It is also impracticable given that
the memorandum was issued on January 20, 2017 and the previous
effective date of the rule at issue was January 26, 2017. For these
same reasons, DOE finds good cause to waive the 30-day delay in
effective date provided for in 5 U.S.C. 553(d).
Issued in Washington, DC, on January 24, 2017.
John T. Lucas,
Acting General Counsel.
[FR Doc. 2017-01959 Filed 1-30-17; 8:45 am]
BILLING CODE 6450-01-P