Administrative Updates to Personnel References, 3229-3232 [2020-00101]
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Rules and Regulations
Federal Register
Vol. 85, No. 13
Tuesday, January 21, 2020
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.
NUCLEAR REGULATORY
COMMISSION
10 CFR Parts 70, 71, and 72
[NRC–2019–0032]
Pre-Application Communication and
Scheduling for Accident Tolerant Fuel
Submittals
Nuclear Regulatory
Commission.
ACTION: Regulatory issue summary;
issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is issuing Regulatory
Issue Summary (RIS) 2019–032, ‘‘PreApplication Communication and
Scheduling for Accident Tolerant Fuel
Submittals.’’ This RIS seeks Accident
Tolerant Fuel (ATF) scheduling
information for pre-application
activities, topical report submittals, and
other licensing submittals from all
addressees to help inform the NRC’s
budget and resource planning for the
eventual review of ATF-related
applications.
SUMMARY:
The RIS is available as of January
21, 2020.
ADDRESSES: Please refer to Docket ID
NRC–2019–0032 when contacting the
NRC about the availability of
information regarding this document.
You may obtain publicly-available
information related to this document
using any of the following methods:
• Federal Rulemaking Website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2019–0032. Address
questions about NRC Docket IDs in
Regulations.gov to Jennifer Borges;
telephone: 301–287–9127; email:
Jennifer.Borges@nrc.gov. For technical
questions, contact the individual listed
in the FOR FURTHER INFORMATION
CONTACT section of this document.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publiclyavailable documents online in the
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DATES:
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ADAMS Public Documents collection at
https://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
‘‘Begin Web-based ADAMS Search.’’ For
problems with ADAMS, please contact
the NRC’s Public Document Room (PDR)
reference staff at 1–800–397–4209, 301–
415–4737, or by email to pdr.resource@
nrc.gov. Regulatory Issue Summary
(RIS) 2019–032, ‘‘Pre-Application
Communication and Scheduling for
Accident Tolerant Fuel Submittals’’ is
available in ADAMS under Accession
No. ML19316B342.
• NRC’s PDR: You may examine and
purchase copies of public documents at
the NRC’s PDR, Room O1–F21, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
• NRC’s Public Website: This RIS is
also available on the NRC’s public
website at https://www.nrc.gov/readingrm/doc-collections/gen-comm/regissues/ (select ‘‘2019’’ and then select
‘‘RIS–19–03’’).
For the Nuclear Regulatory Commission.
Lisa M. Regner,
Branch Chief, Operating Experience Branch,
Division of Reactor Oversight, Office of
Nuclear Reactor Regulation.
[FR Doc. 2020–00477 Filed 1–17–20; 8:45 am]
BILLING CODE 7590–01–P
DEPARTMENT OF ENERGY
10 CFR Part 205
RIN 1901–AB50
Administrative Updates to Personnel
References
Office of Cybersecurity, Energy
Security, and Emergency Response, U.S.
Department of Energy.
ACTION: Final rule.
AGENCY:
The Department of Energy
(‘‘DOE’’) publishes this final rule to
update personnel references to
correspond with the Secretary’s
delegation of authority. This final rule is
FOR FURTHER INFORMATION CONTACT:
needed to reflect changes to the
Phillip Sahd, Office of Nuclear Reactor
Secretary’s delegation of authority and
Regulation, telephone: 301–415–2314,
does not otherwise substantively change
email: Phillip.Sahd@nrc.gov and
Marilyn Diaz, Office of Nuclear Material the current regulations.
Safety Safeguards, telephone: 301–415– DATES: This rule is effective January 21,
7110, email: Marilyn.Diaz@nrc.gov. Both 2020.
are staff of the U.S. Nuclear Regulatory
FOR FURTHER INFORMATION CONTACT: Kate
Commission, Washington, DC 20555–
Marks, U.S. Department of Energy,
0001.
Office of Cybersecurity, Energy Security,
and Emergency Response, CR–20, 1000
SUPPLEMENTARY INFORMATION: The NRC
Independence Avenue SW, Washington,
did not publish a notice of opportunity
DC 20585–0121. Telephone: (202) 586–
for public comment on this RIS in the
2264. Email: energyssa@hq.doe.gov; Ms.
Federal Register, because it pertains to
Kavita Vaidyanathan, U.S. Department
an administrative aspect of the
of Energy, Office of the General Counsel,
regulatory process that involves the
voluntary submission of information on GC–76, 1000 Independence Avenue SW,
Washington, DC 20585–0121.
the part of addressees and does not
Telephone: (202) 586–0669. Email:
represent a departure from current
kavita.vaidyanathan@hq.doe.gov.
regulatory requirements.
SUPPLEMENTARY INFORMATION:
Regulatory Issue Summary (RIS)
2019–032, ‘‘Pre-Application
Table of Contents
Communication and Scheduling for
I. Background and Summary of Final Rule
Accident Tolerant Fuel Submittals’’ is
II. Final Rulemaking
available in ADAMS under Accession
III. Regulatory Review
No. ML19316B342.
A. Review Under Executive Order 12866
As noted in the Federal Register
B. Review Under Executive Orders 13771
issued on May 8, 2018 (83 FR 20858),
and 13777
C. Review Under the National
this document is being published in the
Environmental Policy Act of 1969
Rules section of the Federal Register to
D. Review Under the Regulatory Flexibility
comply with publication requirements
Act
under title 1 of the Code of Federal
E. Review Under the Paperwork Reduction
Regulations chapter I.
Act of 1995
Dated at Rockville, Maryland, this 9th day
of January, 2020.
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SUMMARY:
F. Review Under the Unfunded Mandates
Reform Act of 1995
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G. Review Under the Treasury and General
Government Appropriations Act, 1999
H. Review Under Executive Order 13132
I. Review Under Executive Order 12988
J. Review Under the Treasury and General
Government Appropriations Act, 2001
K. Review Under Executive Order 13211
L. Congressional Notification
IV. Approval of the Office of the Secretary
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I. Background and Summary of Final
Rule
The regulations at 10 CFR part 205,
subpart W, provide procedural
regulations concerning the Secretary of
Energy’s issuance of an emergency order
under the Federal Power Act. These
regulations were last updated in January
of 2018 (83 FR 1174; Jan. 10, 2018). The
Secretary of Energy delegated the
authority to review compliance filings,
and issue implementing letters and
directives; and take such other actions
as are necessary and appropriate to
implement and administer an
emergency order issued by the Secretary
or Deputy Secretary of Energy to the
Under Secretary of Energy. See DOE
Delegation Order No. 00–002.00Q (Nov.
1, 2018). In turn, the Under Secretary of
Energy delegated the authority to review
compliance filings, and issue
implementing letters and directives; and
take such other actions as are necessary
and appropriate to implement and
administer an emergency order issued
by the Secretary or Deputy Secretary of
Energy to the Assistant Secretary for
Cybersecurity, Energy Security, and
Emergency Response. See DOE
Delegation Order No. 00–002.23 (June 4,
2019).
The administrative updates to a
personnel reference are needed to
conform to the current delegation
authority to the Office of Cybersecurity,
Energy Security, and Emergency
Response. However, it is possible that in
the future the Secretary will delegate
this authority to another office within
DOE. Therefore, this final rule revises
DOE regulations at 10 CFR 205.383 by
changing a reference to ‘‘the Department
of Energy’s Office of Electricity Delivery
and Energy Reliability’’ to ‘‘the office
that is delegated the authority by the
Secretary.’’
II. Final Rulemaking
In accordance with the
Administrative Procedure Act’s
provisions at 5 U.S.C. 553(b), DOE
generally publishes a rule in a proposed
form and solicits public comment on it
before issuing the rule in final.
However, 5 U.S.C. 553(b)(B) provides an
exception to the public comment
requirement if the agency finds good
cause to omit advance notice and public
participation. Good cause is shown
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when public comment is
‘‘impracticable, unnecessary, or contrary
to the public interest.’’
For the administrative update
discussed in Section 1, DOE finds that
providing an opportunity for public
comment prior to publication of this
rule is not necessary because DOE is
carrying out an administrative change
that does not substantively alter the
existing 10 CFR part 205 regulatory
framework. The actions taken
concerning issuance of an emergency
order under the Federal Power Act—
including the review of compliance
filings, issuance of implementing letters
and directives, and other necessary
actions—are not affected by this
regulation recognizing the delegation of
authority to take these actions. In
addition, delegation of the authorities
specified in the regulation has already
occurred and may occur again as
appropriate. For these reasons,
providing an opportunity for notice and
comment prior to publication of the rule
would serve no purpose. For the same
reasons, DOE is waiving the 30-day
delay in effective date.
III. Regulatory Review
A. Review Under Executive Order 12866
This final rule has been determined
not to be a ‘‘significant regulatory
action’’ under section 3(f) of Executive
Order 12866, ‘‘Regulatory Planning and
Review,’’ 58 FR 51735 (Oct. 4, 1993).
Accordingly, this action was not subject
to review under that Executive order by
the Office of Information and Regulatory
Affairs (OIRA) in the Office of
Management and Budget (OMB).
B. Review Under Executive Orders
13771 and 13777
On January 30, 2017, the President
issued Executive Order 13771,
‘‘Reducing Regulation and Controlling
Regulatory Costs.’’ That order stated that
the policy of the executive branch is to
be prudent and financially responsible
in the expenditure of funds, from both
public and private sources. The order
stated that it is essential to manage the
costs associated with the governmental
imposition of private expenditures
required to comply with Federal
regulations.
Additionally, on February 24, 2017,
the President issued Executive Order
13777, ‘‘Enforcing the Regulatory
Reform Agenda.’’ The order required the
head of each agency to designate an
agency official as its Regulatory Reform
Officer (RRO). Each RRO oversees the
implementation of regulatory reform
initiatives and policies to ensure that
agencies effectively carry out regulatory
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reforms, consistent with applicable law.
Further, E.O. 13777 requires the
establishment of a regulatory task force
at each agency. The regulatory task force
is required to make recommendations to
the agency head regarding the repeal,
replacement, or modification of existing
regulations, consistent with applicable
law. At a minimum, each regulatory
reform task force must attempt to
identify regulations that:
(i) Eliminate jobs, or inhibit job
creation;
(ii) Are outdated, unnecessary, or
ineffective;
(iii) Impose costs that exceed benefits;
(iv) Create a serious inconsistency or
otherwise interfere with regulatory
reform initiatives and policies;
(v) Are inconsistent with the
requirements of the Information Quality
Act, or the guidance issued pursuant to
that Act, particularly those regulations
that rely in whole or in part on data,
information, or methods that are not
publicly available or that are
insufficiently transparent to meet the
standard for reproducibility; or
(vi) Derive from or implement
Executive orders or other Presidential
directives that have been subsequently
rescinded or substantially modified.
DOE concludes that this final rule is
consistent with the directives set forth
in these Executive orders. This final rule
does not substantively change the
existing regulations and is intended
only to make personnel references in the
regulations at 10 CFR part 903
consistent with the Secretary’s
delegation of authority.
C. Review Under the National
Environmental Policy Act of 1969
DOE has determined that this final
rule is covered under the Categorical
Exclusion found in DOE’s National
Environmental Policy Act regulations at
paragraph A.5 of appendix A to subpart
D, 10 CFR part 1021, which applies to
a rulemaking that amends an existing
rule or regulation and that does not
change the environmental effect of the
rule or regulation being amended.
Accordingly, neither an environmental
assessment nor an environmental
impact statement is required.
D. 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
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Executive Order 13272, ‘‘Proper
Consideration of Small Entities in
Agency Rulemaking,’’ 67 FR 53461
(Aug. 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 DOE
rulemaking process. 68 FR 7990. DOE
has made its procedures and policies
available on the Office of the General
Counsel’s website: https://energy.gov/gc/
office-general-counsel. As discussed
above, DOE has determined that prior
notice and opportunity for public
comment is unnecessary for this final
rule. In accordance with 5 U.S.C. 604(a),
no regulatory flexibility analysis has
been prepared for this rule.
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E. Review Under the Paperwork
Reduction Act of 1995
This final rule imposes no new
information collection requirements
subject to the Paperwork Reduction Act.
F. Review Under the Unfunded
Mandates Reform Act of 1995
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA) requires
each Federal agency to assess the effects
of Federal regulatory actions on State,
local, and Tribal governments and the
private sector. Public Law 104–4, sec.
201 (codified at 2 U.S.C. 1531). For a
proposed regulatory action likely to
result in a rule that may cause the
expenditure by State, local, and Tribal
governments, in the aggregate, or by the
private sector of $100 million or more
in any one year (adjusted annually for
inflation), section 202 of UMRA requires
a Federal agency to publish a written
statement that estimates the resulting
costs, benefits, and other effects on the
national economy. 2 U.S.C. 1532(a), (b).
UMRA also requires a Federal agency to
develop an effective process to permit
timely input by elected officers of State,
local, and Tribal governments on a
proposed ‘‘significant intergovernmental
mandate,’’ and requires an agency plan
for giving notice and opportunity for
timely input to potentially affected
small governments before establishing
any requirements that might
significantly or uniquely affect small
governments. On March 18, 1997, DOE
published a statement of policy on its
process for intergovernmental
consultation under UMRA. 62 FR
12820; available at: https://
www.energy.gov/sites/prod/files/gcprod/
documents/umra_97.pdf.
UMRA sections 202 and 205 do not
apply to this action because they apply
only to rules for which a general notice
of proposed rulemaking is published.
Nevertheless, DOE has determined that
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this final rule contains neither an
intergovernmental mandate, nor a
mandate that may result in the
expenditure of $100 million or more in
any year.
G. 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
proposed rule that may affect family
well-being. This final 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.
H. Review Under Executive Order 13132
Executive Order 13132, ‘‘Federalism,’’
64 FR 43255 (Aug. 4, 1999), imposes
certain requirements on agencies
formulating and implementing policies
or regulations that preempt State law or
that have federalism implications. The
Executive order requires agencies 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 this rule and
has determined that it would not
preempt State law and would 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.
I. 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 (Feb. 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
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3231
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 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 rule meets
the relevant standards of Executive
Order 12988.
J. Review Under the Treasury and
General Government Appropriations
Act, 2001
Section 515 of 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 (Feb. 22, 2002), and DOE’s
guidelines were published at 67 FR
62446 (Oct. 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. 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 OMB 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 or regulation, 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
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Federal Register / Vol. 85, No. 13 / Tuesday, January 21, 2020 / Rules and Regulations
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
regulatory action under Executive Order
12866. Moreover, it would not have a
significant adverse effect on the supply,
distribution, or use of energy, nor has it
been designated as a significant energy
action by the Administrator of OIRA.
Therefore, it is not a significant energy
action, and, 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 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).
IV. Approval of the Office of the
Secretary
The Secretary of Energy has approved
publication of this final rule.
§ 205.383
Administrative practice and
procedure, Energy, Recordkeeping and
reporting requirements.
■
Signed in Washington, DC, on December
23, 2019.
Karen. S. Evans,
Assistant Secretary, Office of Cybersecurity,
Energy Security, and Emergency Response.
For the reasons stated in the
preamble, DOE amends part 205 of
chapter II of title 10 of the Code of
Federal Regulations as set forth below:
PART 205—ADMINISTRATIVE
PROCEDURES AND SANCTIONS
Authority: Pub. L. 95–91, 91 Stat. 565 (42
U.S.C. 7101); Pub. L. 66–280, 41 Stat. 1063
(16 U.S.C. Section 792 et seq.); E.O. 10485,
18 FR 5397, 3 CFR, 1949–1953, Comp., p. 970
as amended by E.O. 12038, 43 FR 4957, 3
CFR 1978 Comp., p. 136; Department of
Energy Delegation Order No. 00–002.00Q
(Nov. 1, 2018).
0W < Prated ≤ 300 W ...................................
300 W < Prated ≤ 700 W ..............................
Prated > 700 W .............................................
0W < Prated ≤ 300 W ...................................
300 W < Prated ≤ 700 W ..............................
Prated > 700 W .............................................
0W < Prated ≤ 300 W ...................................
300 W < Prated ≤ 700 W ..............................
Prated > 700 W .............................................
10c (VFI UPSs) .............................................
[FR Doc. C1–2019–26354 Filed 1–17–20; 8:45 am]
BILLING CODE 1301–00–D
FEDERAL DEPOSIT INSURANCE
CORPORATION
12 CFR Parts 303, 326, 337, 353, and
390
RIN 3064–AF14
Removal of Transferred OTS
Regulations Regarding Certain
Regulations for the Operations of State
Savings Associations and Conforming
Amendments to Other Regulations
Federal Deposit Insurance
Corporation (FDIC).
ACTION: Final rule.
AGENCY:
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BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
10 CFR Part 430
Correction
In rule document 2019–2635
beginning on page 1447 in the issue of
Friday, January 10, 2020, make the
following correction:
§ 430.32
[Corrected]
On page 1503, in § 430.32(z)(3) the
table should appear as follows:
Minimum efficiency
¥1.20E–06
¥7.85E–08
¥7.23E–09
¥1.20E–06
¥7.67E–08
¥4.62E–09
¥3.13E–06
¥2.60E–07
¥1.70E–08
The Federal Deposit
Insurance Corporation (FDIC) is
adopting a final rule (final rule) to
rescind and remove certain regulations
transferred in 2011 to the FDIC from the
former Office of Thrift Supervision
(OTS) pursuant to the Dodd-Frank Wall
Street Reform and Consumer Protection
Act (the Dodd-Frank Act) because they
are unnecessary, redundant, or
duplicative of other regulations or safety
and soundness considerations. In
addition to the removal, the FDIC is
making technical changes to other parts
of the FDIC’s regulations so that they
may be applicable on their terms to
State savings associations. Following
the removal of the identified
regulations, the regulations governing
the operations of State savings
associations will be substantially the
SUMMARY:
[FR Doc. 2020–00101 Filed 1–17–20; 8:45 am]
Energy Conservation Program: Energy
Conservation Standards for
Uninterruptible Power Supplies
1. The authority citation for subpart W
of part 205 is revised to read as follows:
10a (VFD UPSs) ...........................................
2. Section 205.383(a) introductory text
is amended by removing the words ‘‘the
Department of Energy’s Office of
Electricity Delivery and Energy
Reliability’’ and adding in their place
the words ‘‘the office that is delegated
the authority by the Secretary’’.
RIN 1904–AD69
■
Rated output power
[Amended]
[Docket Number EERE–2016–BT–STD–
0022]
Subpart W—Electric Power System
Permits and Reports; Applications;
Administrative Procedures and
Sanctions; Grid Security Emergency
Orders
Battery charger product class
10b (VI UPSs) ...............................................
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List of Subjects in 10 CFR Part 205
*
*
*
*
*
*
*
*
*
P 2rated
P 2rated
P 2rated
P 2rated
P 2rated
P 2rated
P 2rated
P 2rated
P 2rated
+
+
+
+
+
+
+
+
+
7.17E–04
1.01E–04
7.52E–06
7.19E–04
1.05E–04
8.54E–06
1.96E–03
3.65E–04
3.85E–05
*
*
*
*
*
*
*
*
*
Prated
Prated
Prated
Prated
Prated
Prated
Prated
Prated
Prated
+
+
+
+
+
+
+
+
+
0.862.
0.946.
0.977.
0.863.
0.947.
0.979.
0.543.
0.764.
0.876.
same as those for all other FDICsupervised institutions.
The final rule is effective
February 20, 2020.
DATES:
FOR FURTHER INFORMATION CONTACT:
Karen J. Currie, Senior Examination
Specialist, 202–898–3981, kcurrie@
fdic.gov, Division of Risk Management
Supervision; Cassandra Duhaney,
Senior Policy Analyst, 202–898–6804,
Division of Depositor and Consumer
Protection; Gregory Feder, Counsel,
202–898–8724; Suzanne Dawley,
Counsel, 202–898–6509; or Linda
Hubble Ku, Counsel, 202–898–6634,
Legal Division.
SUPPLEMENTARY INFORMATION:
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]]>Agencies
[Federal Register Volume 85, Number 13 (Tuesday, January 21, 2020)]
[Rules and Regulations]
[Pages 3229-3232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00101]
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DEPARTMENT OF ENERGY
10 CFR Part 205
RIN 1901-AB50
Administrative Updates to Personnel References
AGENCY: Office of Cybersecurity, Energy Security, and Emergency
Response, U.S. Department of Energy.
ACTION: Final rule.
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SUMMARY: The Department of Energy (``DOE'') publishes this final rule
to update personnel references to correspond with the Secretary's
delegation of authority. This final rule is needed to reflect changes
to the Secretary's delegation of authority and does not otherwise
substantively change the current regulations.
DATES: This rule is effective January 21, 2020.
FOR FURTHER INFORMATION CONTACT: Kate Marks, U.S. Department of Energy,
Office of Cybersecurity, Energy Security, and Emergency Response, CR-
20, 1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone:
(202) 586-2264. Email: [email protected]; Ms. Kavita Vaidyanathan,
U.S. Department of Energy, Office of the General Counsel, GC-76, 1000
Independence Avenue SW, Washington, DC 20585-0121. Telephone: (202)
586-0669. Email: [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background and Summary of Final Rule
II. Final Rulemaking
III. Regulatory Review
A. Review Under Executive Order 12866
B. Review Under Executive Orders 13771 and 13777
C. Review Under the National Environmental Policy Act of 1969
D. Review Under the Regulatory Flexibility Act
E. Review Under the Paperwork Reduction Act of 1995
F. Review Under the Unfunded Mandates Reform Act of 1995
[[Page 3230]]
G. Review Under the Treasury and General Government
Appropriations Act, 1999
H. Review Under Executive Order 13132
I. Review Under Executive Order 12988
J. Review Under the Treasury and General Government
Appropriations Act, 2001
K. Review Under Executive Order 13211
L. Congressional Notification
IV. Approval of the Office of the Secretary
I. Background and Summary of Final Rule
The regulations at 10 CFR part 205, subpart W, provide procedural
regulations concerning the Secretary of Energy's issuance of an
emergency order under the Federal Power Act. These regulations were
last updated in January of 2018 (83 FR 1174; Jan. 10, 2018). The
Secretary of Energy delegated the authority to review compliance
filings, and issue implementing letters and directives; and take such
other actions as are necessary and appropriate to implement and
administer an emergency order issued by the Secretary or Deputy
Secretary of Energy to the Under Secretary of Energy. See DOE
Delegation Order No. 00-002.00Q (Nov. 1, 2018). In turn, the Under
Secretary of Energy delegated the authority to review compliance
filings, and issue implementing letters and directives; and take such
other actions as are necessary and appropriate to implement and
administer an emergency order issued by the Secretary or Deputy
Secretary of Energy to the Assistant Secretary for Cybersecurity,
Energy Security, and Emergency Response. See DOE Delegation Order No.
00-002.23 (June 4, 2019).
The administrative updates to a personnel reference are needed to
conform to the current delegation authority to the Office of
Cybersecurity, Energy Security, and Emergency Response. However, it is
possible that in the future the Secretary will delegate this authority
to another office within DOE. Therefore, this final rule revises DOE
regulations at 10 CFR 205.383 by changing a reference to ``the
Department of Energy's Office of Electricity Delivery and Energy
Reliability'' to ``the office that is delegated the authority by the
Secretary.''
II. Final Rulemaking
In accordance with the Administrative Procedure Act's provisions at
5 U.S.C. 553(b), DOE generally publishes a rule in a proposed form and
solicits public comment on it before issuing the rule in final.
However, 5 U.S.C. 553(b)(B) provides an exception to the public comment
requirement if the agency finds good cause to omit advance notice and
public participation. Good cause is shown when public comment is
``impracticable, unnecessary, or contrary to the public interest.''
For the administrative update discussed in Section 1, DOE finds
that providing an opportunity for public comment prior to publication
of this rule is not necessary because DOE is carrying out an
administrative change that does not substantively alter the existing 10
CFR part 205 regulatory framework. The actions taken concerning
issuance of an emergency order under the Federal Power Act--including
the review of compliance filings, issuance of implementing letters and
directives, and other necessary actions--are not affected by this
regulation recognizing the delegation of authority to take these
actions. In addition, delegation of the authorities specified in the
regulation has already occurred and may occur again as appropriate. For
these reasons, providing an opportunity for notice and comment prior to
publication of the rule would serve no purpose. For the same reasons,
DOE is waiving the 30-day delay in effective date.
III. Regulatory Review
A. Review Under Executive Order 12866
This final rule has been determined not to be a ``significant
regulatory action'' under section 3(f) of Executive Order 12866,
``Regulatory Planning and Review,'' 58 FR 51735 (Oct. 4, 1993).
Accordingly, this action was not subject to review under that Executive
order by the Office of Information and Regulatory Affairs (OIRA) in the
Office of Management and Budget (OMB).
B. Review Under Executive Orders 13771 and 13777
On January 30, 2017, the President issued Executive Order 13771,
``Reducing Regulation and Controlling Regulatory Costs.'' That order
stated that the policy of the executive branch is to be prudent and
financially responsible in the expenditure of funds, from both public
and private sources. The order stated that it is essential to manage
the costs associated with the governmental imposition of private
expenditures required to comply with Federal regulations.
Additionally, on February 24, 2017, the President issued Executive
Order 13777, ``Enforcing the Regulatory Reform Agenda.'' The order
required the head of each agency to designate an agency official as its
Regulatory Reform Officer (RRO). Each RRO oversees the implementation
of regulatory reform initiatives and policies to ensure that agencies
effectively carry out regulatory reforms, consistent with applicable
law. Further, E.O. 13777 requires the establishment of a regulatory
task force at each agency. The regulatory task force is required to
make recommendations to the agency head regarding the repeal,
replacement, or modification of existing regulations, consistent with
applicable law. At a minimum, each regulatory reform task force must
attempt to identify regulations that:
(i) Eliminate jobs, or inhibit job creation;
(ii) Are outdated, unnecessary, or ineffective;
(iii) Impose costs that exceed benefits;
(iv) Create a serious inconsistency or otherwise interfere with
regulatory reform initiatives and policies;
(v) Are inconsistent with the requirements of the Information
Quality Act, or the guidance issued pursuant to that Act, particularly
those regulations that rely in whole or in part on data, information,
or methods that are not publicly available or that are insufficiently
transparent to meet the standard for reproducibility; or
(vi) Derive from or implement Executive orders or other
Presidential directives that have been subsequently rescinded or
substantially modified.
DOE concludes that this final rule is consistent with the
directives set forth in these Executive orders. This final rule does
not substantively change the existing regulations and is intended only
to make personnel references in the regulations at 10 CFR part 903
consistent with the Secretary's delegation of authority.
C. Review Under the National Environmental Policy Act of 1969
DOE has determined that this final rule is covered under the
Categorical Exclusion found in DOE's National Environmental Policy Act
regulations at paragraph A.5 of appendix A to subpart D, 10 CFR part
1021, which applies to a rulemaking that amends an existing rule or
regulation and that does not change the environmental effect of the
rule or regulation being amended. Accordingly, neither an environmental
assessment nor an environmental impact statement is required.
D. 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
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Executive Order 13272, ``Proper Consideration of Small Entities in
Agency Rulemaking,'' 67 FR 53461 (Aug. 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 DOE rulemaking process. 68 FR 7990. DOE has made
its procedures and policies available on the Office of the General
Counsel's website: https://energy.gov/gc/office-general-counsel. As
discussed above, DOE has determined that prior notice and opportunity
for public comment is unnecessary for this final rule. In accordance
with 5 U.S.C. 604(a), no regulatory flexibility analysis has been
prepared for this rule.
E. Review Under the Paperwork Reduction Act of 1995
This final rule imposes no new information collection requirements
subject to the Paperwork Reduction Act.
F. Review Under the Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA)
requires each Federal agency to assess the effects of Federal
regulatory actions on State, local, and Tribal governments and the
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531).
For a proposed regulatory action likely to result in a rule that may
cause the expenditure by State, local, and Tribal governments, in the
aggregate, or by the private sector of $100 million or more in any one
year (adjusted annually for inflation), section 202 of UMRA requires a
Federal agency to publish a written statement that estimates the
resulting costs, benefits, and other effects on the national economy. 2
U.S.C. 1532(a), (b). UMRA also requires a Federal agency to develop an
effective process to permit timely input by elected officers of State,
local, and Tribal governments on a proposed ``significant
intergovernmental mandate,'' and requires an agency plan for giving
notice and opportunity for timely input to potentially affected small
governments before establishing any requirements that might
significantly or uniquely affect small governments. On March 18, 1997,
DOE published a statement of policy on its process for
intergovernmental consultation under UMRA. 62 FR 12820; available at:
https://www.energy.gov/sites/prod/files/gcprod/documents/umra_97.pdf.
UMRA sections 202 and 205 do not apply to this action because they
apply only to rules for which a general notice of proposed rulemaking
is published. Nevertheless, DOE has determined that this final rule
contains neither an intergovernmental mandate, nor a mandate that may
result in the expenditure of $100 million or more in any year.
G. 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 proposed rule that may affect
family well-being. This final 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.
H. Review Under Executive Order 13132
Executive Order 13132, ``Federalism,'' 64 FR 43255 (Aug. 4, 1999),
imposes certain requirements on agencies formulating and implementing
policies or regulations that preempt State law or that have federalism
implications. The Executive order requires agencies 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 this rule and has determined
that it would not preempt State law and would 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.
I. 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 (Feb. 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 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 rule meets the relevant standards of Executive Order 12988.
J. Review Under the Treasury and General Government Appropriations Act,
2001
Section 515 of 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 (Feb. 22, 2002), and
DOE's guidelines were published at 67 FR 62446 (Oct. 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. 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 OMB
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 or regulation, 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
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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 regulatory action under
Executive Order 12866. Moreover, it would not have a significant
adverse effect on the supply, distribution, or use of energy, nor has
it been designated as a significant energy action by the Administrator
of OIRA. Therefore, it is not a significant energy action, and,
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 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).
IV. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this final
rule.
List of Subjects in 10 CFR Part 205
Administrative practice and procedure, Energy, Recordkeeping and
reporting requirements.
Signed in Washington, DC, on December 23, 2019.
Karen. S. Evans,
Assistant Secretary, Office of Cybersecurity, Energy Security, and
Emergency Response.
For the reasons stated in the preamble, DOE amends part 205 of
chapter II of title 10 of the Code of Federal Regulations as set forth
below:
PART 205--ADMINISTRATIVE PROCEDURES AND SANCTIONS
Subpart W--Electric Power System Permits and Reports; Applications;
Administrative Procedures and Sanctions; Grid Security Emergency
Orders
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1. The authority citation for subpart W of part 205 is revised to read
as follows:
Authority: Pub. L. 95-91, 91 Stat. 565 (42 U.S.C. 7101); Pub.
L. 66-280, 41 Stat. 1063 (16 U.S.C. Section 792 et seq.); E.O.
10485, 18 FR 5397, 3 CFR, 1949-1953, Comp., p. 970 as amended by
E.O. 12038, 43 FR 4957, 3 CFR 1978 Comp., p. 136; Department of
Energy Delegation Order No. 00-002.00Q (Nov. 1, 2018).
Sec. 205.383 [Amended]
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2. Section 205.383(a) introductory text is amended by removing the
words ``the Department of Energy's Office of Electricity Delivery and
Energy Reliability'' and adding in their place the words ``the office
that is delegated the authority by the Secretary''.
[FR Doc. 2020-00101 Filed 1-17-20; 8:45 am]
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