Department of Energy April 2018 – Federal Register Recent Federal Regulation Documents

The Office of Fossil Energy (FE) of the Department of Energy gives notice that during March 2018, it issued orders granting authority to import and export natural gas, and to import and export liquefied natural gas (LNG), and an opinion and order granting motion for leave to answer request for rehearing and denying request for rehearing. These orders are summarized in the attached appendix and may be found on the FE website at https://www.energy.gov/fe/downloads/ listing-doefe-authorizationsorders-issued-2018-1. They are also available for inspection and copying in the U.S. Department of Energy (FE-34), Division of Natural Gas Regulation, Office of Regulation and International Engagement, Office of Fossil Energy, Docket Room 3E-033, Forrestal Building, 1000 Independence Avenue SW, Washington, DC 20585, (202) 586-9478. The Docket Room is open between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday, except Federal holidays.

The Department of Energy (DOE) proposes to revise its regulations concerning the requirements for classification and declassification of Restricted Data (RD) and Formerly Restricted Data (FRD). Since 1997, when DOE amended the regulations, changes in legislation and DOE and national policies have rendered portions of the existing regulations outdated. The proposed revisions update the regulations to address these changes. Additional changes made are to clarify requirements, as well as allow agencies more flexibility in implementing RD/FRD programs. This proposed rule is rewritten for clarity and reorganized for ease of use.

The Bonneville Power Administration (BPA) has decided to implement the Proposed Action as described in the Melvin R. Sampson Hatchery, Yakima Basin Coho Project Final Environmental Impact Statement (EIS) (DOE/EIS-0522, November 27, 2017). Under the Proposed Action, BPA will fund the construction and operation of the Melvin R. Sampson Hatchery (MRS Hatchery) in the Yakima Basin in central Washington. Operation of the MRS Hatchery will involve production of up to 700,000 coho salmon for release in the Yakima River and its subbasin, the Naches River. The hatchery will be owned and operated by the Confederated Tribes and Bands of the Yakama Nation (Yakama Nation) and will be constructed on land owned by the Yakama Nation northwest of Ellensburg in Kittitas County, Washington.

In a final rule published on January 19, 2017, federal departments and agencies made revisions to the Federal Policy for the Protection of Human Subjects (hereafter the ``2018 Requirements''). The Consumer Product Safety Commission (CPSC) adopted the same regulatory changes in a separate final rule published on September 18, 2017. The 2018 Requirements were scheduled to become effective on January 19, 2018, with a general compliance date of January 19, 2018 (with the exception of the revisions to the cooperative research provision). The departments and agencies listed in this document have also published an interim final rule delaying the effective date and general compliance date for the 2018 Requirements for six months, to cover the time period of January 19, 2018 until July 19, 2018. As per the interim final rule, the effective date of the 2018 Requirements is now July 19, 2018. The departments and agencies listed in this document propose delaying the general compliance date for the 2018 Requirements for an additional six months, for the time period of July 19, 2018 until January 21, 2019. This proposed rule is intended to provide additional time to regulated entities for the preparations necessary to implement the 2018 Requirements. This proposed rule, if finalized, would require regulated entities to continue to comply with the requirements of the current Federal Policy for the Protection of Human Subjects (hereafter the ``pre-2018 Requirements'') until January 21, 2019. This proposal also takes comment on whether to permit institutions to implement, for certain research studies, the following provisions in the 2018 Requirements during the period from July 19, 2018, until January 21, 2019, that the general compliance date is delayed. Those three provisions, intended to reduce burdens on regulated entities, are the 2018 Requirements' definition of ``research,'' which deems certain activities not to be research, the allowance for no annual continuing review of certain categories of research, and the elimination of the requirement that institutional review boards (IRBs) review grant applications related to the research. The way that this option is proposed, regulated entities would be required to comply with all pre- 2018 Requirements during the period that the general compliance date is delayed, except for provisions substituted by the three burden-reducing provisions of the 2018 Requirements. As described in section III, below, this flexibility is proposed only for studies for which an institution makes a choice to transition to comply with the 2018 Requirements, beginning on July 19, 2018. In order to clearly describe this proposed flexibility, including how it would impact institutions choosing to transition research to comply with the 2018 Requirements, this document proposes a redrafted transition provision.

The Department of Energy has submitted an information collection package to the OMB for extension under the provisions of the Paperwork Reduction Act of 1995. The package requests a three-year extension of its ``Superior Energy Performance (SEP) Certification and 50001 Ready Recognition,'' OMB Control Number 1910-5177. The proposed collection of information relates to tracking partner participation and calculating the energy efficiency impact of DOE's Superior Energy Performance certification and 50001 Ready recognition programs.

Pursuant to the Federal Advisory Committee Act, and following consultation with the Committee Management Secretariat, General Services Administration, notice is hereby given that the Environmental Management Site-Specific Advisory Board (EM SSAB or Board) will be renewed for a two-year period beginning on April 11, 2018. The Board provides the Assistant Secretary for Environmental Management (EM) with advice and recommendations concerning issues affecting the EM program at various sites. These site-specific issues include clean-up standards and environmental restoration; waste management and disposition; stabilization and disposition of non- stockpile nuclear materials; excess facilities; future land use and long-term stewardship; risk assessment and management; and clean-up science and technology activities. Additionally, the renewal of the Board has been determined to be essential to conduct DOE's business and to be in the public interest in connection with the performance of duties imposed on the DOE by law and agreement. The Board will operate in accordance with the provisions of the Federal Advisory Committee Act, and rules and regulations issued in implementation of that Act.

The Office of Fossil Energy (FE) of the Department of Energy (DOE) gives notice of receipt of an application (Application), filed on March 23, 2018, by Sabine Pass Liquefaction, LLC (SPL), requesting blanket authorization to export liquefied natural gas (LNG) previously imported into the United States from foreign sources in an amount up to the equivalent of 500 billion cubic feet (Bcf) of natural gas on a short-term or spot market basis for a two-year period commencing on June 7, 2018. SPL states that the existing blanket re-export authorization of its affiliate, Cheniere Marketing, LLC, set forth in DOE/FE Order No. 3825 (May 26, 2016) is scheduled to expire on June 6, 2018. SPL seeks authorization to export the LNG from the Sabine Pass LNG Terminal owned by Sabine Pass LNG, L.P. and located in Cameron Parish, Louisiana, to any country with the capacity to import LNG via ocean-going carrier and with which trade is not prohibited by U.S. law or policy. SPL states that it does not seek authorization to export any domestically produced natural gas or LNG. SPL is requesting this authorization on its own behalf and as agent for other parties who hold title to the LNG at the time of export. The Application was filed under section 3 of the Natural Gas Act (NGA). Additional details can be found in SPL's Application, posted on the DOE/FE website at: https:// www.energy.gov/sites/prod/files/2018/04/f50/18-35-LNG.pdf. Protests, motions to intervene, notices of intervention, and written comments are invited.