Department of Energy March 6, 2012 – Federal Register Recent Federal Regulation Documents

EIA, pursuant to the Paperwork Reduction Act of 1995, intends to extend for three years the petroleum marketing survey forms listed below with the Office of Management and Budget (OMB): EIA-14, ``Refiners' Monthly Cost Report;'' EIA-182, ``Domestic Crude Oil First Purchase Report;'' EIA-782A, ``Refiners'/Gas Plant Operators' Monthly Petroleum Product Sales Report;'' EIA-782C, ``Monthly Report of Prime Supplier Sales of Petroleum Products Sold For Local Consumption;'' EIA-821, ``Annual Fuel Oil and Kerosene Sales Report;'' EIA-856, ``Monthly Foreign Crude Oil Acquisition Report;'' EIA-863, ``Petroleum Product Sales Identification Survey;'' EIA-877, ``Winter Heating Fuels Telephone Survey;'' EIA-878, ``Motor Gasoline Price Survey;'' EIA-888, ``On-Highway Diesel Fuel Price Survey;'' Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology.

The Department of Energy (DOE or Department) proposes to revise the regulation governing the standards for medical, physical performance, training, and access authorizations for protective force (PF) personnel employed by contractors providing security services to the Department. The existing version of this regulation was promulgated in 1993 and substantial portions of the regulation date to the mid- 1980s. Since 1993 DOE policy has placed greater reliance upon technology, vehicular response, and increased firepower and, correspondingly, has reduced its reliance upon the ability of PF personnel to perform the running tasks required in the current regulation. Furthermore, this shift in emphasis has placed a greater premium upon the retention of mature, tactically experienced, and technically sophisticated personnel, particularly since these personnel represent a considerable investment by DOE in security background investigations and training. The proposed revisions bring DOE PF medical and physical readiness requirements in line with these tactical and organizational priorities. The proposed revisions reduce the exposure of the PF population to injuries related to physical readiness testing. They would create a PF readiness classification designed specifically to encourage the retention of experienced personnel. The revisions would further ensure that PF personnel would be evaluated on a case-by-case basis on their ability to perform the essential functions of their positions without posing a direct threat to themselves or site personnel, the facility, or the general public. The proposed revisions would further ensure that reasonable accommodations would be considered before a determination is made that an individual cannot perform the essential functions of a particular position. The proposed rule also would provide for new medical review processes for PF personnel disqualified from medical certification. The proposed rule would ensure that DOE PF medical and physical readiness requirements would be compliant with the Americans with Disabilities Act (ADA) of 1990, as amended by the Americans with Disabilities Amendment Act of 2009 (ADAAA), the Privacy Act and DOE implementing regulations, and changes in DOE policy regarding PF operations made since the publication of the last version of this rule. In addition, the proposed rule would promote operational efficiency through greater emphasis on aligning training with mission-essential tasks and the increased use of simulation technologies. Finally, the proposed revision would update the regulation to reflect organizational changes in the Office of Health, Safety and Security and the creation of the National Nuclear Security Administration (NNSA).