Review of Existing Regulations for Modification or Elimination

DEPARTMENT OF ENERGY

Office of General Counsel

10 CFR Ch. II, III, and X; 18 CFR PCh. I; and 48 CFR Ch. 9

[Docket No. GC-NOI-94-110]

Review of Existing Regulations for Modification or Elimination

AGENCY: Department of Energy.

ACTION: Notice of Inquiry.

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SUMMARY: As a first step of a comprehensive initiative by the

Department of Energy (DOE or Department) to reform its rulemaking

efforts, the public is requested to provide general comments on

existing regulations and programs where improvements might be made

through their modification or elimination. DOE's existing regulations

are listed in the table below.

This effort is in response to Executive Order 12866, ``Regulatory

Planning and Review,'' published on October 4, 1993 (58 FR 51735). The

Executive Order requires that existing significant regulations be

reviewed to: Make them more effective in achieving regulatory

objectives, reduce regulatory burden, or align them more closely with

the President's priorities or principles of the Executive Order.

It is the Department's intention at a later time to seek specific

public recommendations for regulatory modifications or rescissions

within these subject matter areas. Any modifications or rescissions to

existing significant regulations that may be undertaken will be

implemented through appropriate administrative actions, including

issuance of notices of proposed rulemaking.

DATES: Written comments (original and five copies) will be considered

if received at the address provided below no later than March 30, 1994.

ADDRESSES: Written comments (original and five copies) and the envelope

should be marked, ``Notice of Inquiry: Regulatory Planning and Review

Initiative, Docket No. GC-NOI-94-110.'' Comments must be submitted to:

U.S. Department of Energy, Office of General Counsel, GC-1, 1000

Independence Avenue, SW., Washington, DC 20585.

FOR FURTHER INFORMATION CONTACT: Romulo L. Diaz, Jr., U.S. Department

of Energy, 1000 Independence Avenue, SW., Washington, DC 20585, (202)

586-2902.

SUPPLEMENTARY INFORMATION:

I. Background

The Department's new mission commits DOE to providing the

scientific foundation, technology, policy and institutional leadership

necessary to achieve efficiency in energy use, diversity in energy

sources, a more productive and competitive economy, improved

environmental quality, and a secure national defense. The DOE is

beginning a review of its existing regulations to determine where

improvements are warranted to better align existing regulations with

the Department's mission and commitment to quality improvements.

II. Discussion

Public Involvement in Targeting Regulations

The Department is seeking through this Notice to maximize public

involvement early in this review of DOE regulations, and, in addition,

invites the public to comment on how DOE might facilitate public

involvement over the course of this effort. It is DOE's expectation

that through an interactive process of notices and public comment the

Department can best target existing regulations for improvement, taking

into account the views expressed by the general public. By Fall 1994,

the DOE expects to have completed its preliminary review of the

existing regulations and will target specific regulations for

modification or elimination.

Possible Areas for Modification or Elimination

To facilitate public review, DOE staff has suggested several

specific DOE regulations where public comment on the need for

modification or elimination would be useful. These are intended only as

examples of existing regulations that do not meet the standards

established by Executive Order 12866. The DOE welcomes public review

and comment on the totality of the regulations reflected in the

attached table.1

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\1\ Please note that a separate Notice of Inquiry on 10 CFR part

961, ``Standard Contract for Disposal of Spent Nuclear Fuel and/or

High-Level Radioactive Waste,'' will be issued in March. Any

comments on the standard contract should be filed in that docket,

and not this one.

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Unfunded Mandates: Under the terms of Executive Order

12875, agencies are barred from the promulgation of future regulatory

mandates ``not required by statute'' on State, local, and tribal

governments unless Federal funds are provided to pay for compliance or

there has been adequate consultation with affected governments. The

Executive Order also provides for review and improvement of

administrative procedures for obtaining waivers from unfunded mandates.

DOE is particularly interested in hearing the extent to which State,

local, and tribal governments believe that existing DOE regulations

contain such unfunded mandates, and their suggestions for improvement.

The Department of Energy Acquisition Regulations (48 CFR

Ch. 9): These regulations provide detailed and sometimes burdensome

requirements on DOE organizational elements and direction to those

companies and individuals who seek to provide goods or services to the

Department. The DOE seeks to identify opportunities for simplifying and

streamlining the contracting process.

Regulations Implementing the Atomic Energy Act of 1954, as

amended (10 CFR Ch. III and X): In view of the Department's current

priorities and initiatives, are there existing regulations under the

Atomic Energy Act, as amended, that should be considered for

modification or elimination?

Energy Extension Service (EES) Regulations (10 CFR part

465): The National Energy Extension Service Act (Pub. L. 95-39) was

repealed by section 143(a) of the Energy Policy Act of 1992 (Pub. L.

102-486). EES programs will be closed out by September 1994.

Scope of Review

Although the Executive Order requires that Federal agencies

periodically review only ``existing significant regulations,'' the DOE

views this effort as an opportunity to consider needed improvements to

all of its existing regulations, including those that do not reach the

``significance'' threshold.

The DOE is also mindful of the need to identify any legislative

mandates that require the DOE to promulgate or continue to impose

regulations that the agency believes are unnecessary or outdated by

reason of changed circumstances. Thus, suggestions should not be

restricted to existing regulations that are discretionary in nature. It

is DOE's intention to consider the need for related statutory changes

in the development of the Department's annual legislative program.

Issued in Washington, DC, on February 22, 1994.

Robert R. Nordhaus,

General Counsel.

Department of Energy Regulations

[January 1994]

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Part Title

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Title 10--Energy

Chapter II--Department of Energy (Parts 200-699)

Subchapter A--Oil

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202 Production or disclosure of material or information.

205 Administrative procedures and sanctions

207 Collection of information

209 International voluntary agreements

210 General allocation and price rules

211 Mandatory petroleum allocation regulations

212 Mandatory petroleum price regulations

215 Collection of foreign oil supply agreement information

216 Materials allocation and priority performance under

contracts or orders to maximize domestic energy supplies

218 Standby mandatory international oil allocation

221 Priority supply of crude oil and petroleum products to the

Department of Defense under the Defense Production Act

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Appendix to Subchapter A--DOE rulings

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Subchapter B--Coal

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303 Administrative procedures and sanctions

305 Coal utilization

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Subchapter D--Energy Conservation

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420 State energy conservation program

430 Energy conservation program for consumer products

435 Energy conservation voluntary performance standards for new

buildings; mandatory for Federal buildings

436 Federal energy management and planning programs

440 Weatherization assistance for low-income persons

450 Energy measures and energy audits

455 Grant programs for schools and hospitals and buildings owned

by units of local government and public care institutions

459 Residential energy efficiency program

463 Annual reports from States and nonregulated utilities on

progress in considering the ratemaking and other regulatory

standards under the Public Utility Regulatory Policies Act

of 1978

465 Energy extension service

470 Appropriate technology small grants program

473 Automotive propulsion research and development

474 Electric and hybrid vehicle research, development and

demonstration program; equivalent petroleum-based fuel

economy calculation

475 Electric and hybrid vehicle research, development, and

demonstration project

476 Electric and hybrid vehicle research, development, and

demonstration program small business planning grants

478 Methane transportation research and development; review and

certification of contracts, grants, cooperative agreements,

and projects

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Subchapter E--Alternate Fuels

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500 Definitions

501 Administrative procedures and sanctions

503 New facilities

504 Existing powerplants

515 Transitional facilities

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Subchapter G--Natural Gas

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580 Curtailment priorities for essential agricultural uses

590 Administrative procedures with respect to the import and

export of natural gas

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Subchapter H--Assistance Regulations

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600 Financial assistance rules

601 New restrictions on lobbying

605 Special research grants program

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Subchapter I--Sales Regulation

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622 Contractual provisions

624 Contract clauses

625 Price competitive sale of Strategic Petroleum Reserve

petroleum

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Chapter III--Department of Energy (Parts 700-999)

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703 Contract appeals

706 Security policies and practices relating to labor-management

relations

707 Workplace substance abuse programs at DOE sites

708 DOE contractor employee protection program

710 Criteria and procedures for determining eligibility for

access to classified matter or significant quantities of

special nuclear material

715 Definition of nonrecourse project-financed

725 Permits for access to restricted data

730 Unusual volumes allocation petition procedures

745 Protection of human subjects

760 Domestic uranium program

761 Criteria to assess viability of domestic uranium mining and

milling industry

762 Uranium enrichment services criteria

763 Uranium enrichment late payment charges

766 Uranium Enrichment Decontamination and Decommissioning Fund;

Procedures

780 Patent Compensation Board regulations

781 DOE patent licensing regulations

782 Claims for patent and copyright infringement

783 Waiver of patent rights

790 The geothermal loan guaranty program

791 Electric and hybrid vehicle research, development,

demonstration, and production loan guaranties

792 Loans for reservoir confirmation projects

794 Loans for development of wind energy systems and small

hydroelectric power projects

796 Federal loan guarantees for alternative fuel demonstration

facilities

797 Loans for small hydroelectric power project feasibility

studies and related licensing

798 Urban wastes demonstration facilities guarantee program

799 Loan guarantees for alcohol fuels, biomass energy and

municipal waste projects

800 Loans for bid or proposal preparation by minority business

enterprises seeking DOE contracts and assistance

810 Assistance to foreign atomic energy activities

820 Procedural Rules for DOE nuclear activities

835 Occupational Radiation Protection

840 Extraordinary nuclear occurrences

860 Trespassing on Administration property

861 Control of traffic at Nevada test site

862 Restrictions on aircraft landing and air delivery at

Department of Energy nuclear sites

871 Air transportation of plutonium

903 Power and transmission rates

904 General regulations for the charges for the sale of power

from the Boulder Canyon Project

960 General guidelines for the recommendation of sites for

nuclear waste repositories

961 Standard contract for disposal of spent nuclear fuel and/or

high-level radioactive waste

962 Byproduct material

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Chapter X--Department of Energy (General Provisions)

(Parts 1000-1099)

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1000 Transfer of proceedings to the Secretary of Energy and the

Federal Energy Regulatory Commission

1001 Separation of regulatory and enforcement functions within

the Economic Regulatory Administration

1002 Official seal and distinguishing flag

1004 Freedom of information

1005 Intergovernmental review of Department of Energy programs

and activities

1008 Records maintained on individuals (Privacy Act)

1009 General policy for pricing and charging for materials and

services sold by DOE

1010 Conduct of employees

1013 Program fraud civil remedies and procedures

1014 Administrative claims under Federal Tort Claims Act

1015 Collection of claims owed the United States

1016 Safeguarding of restricted data

1017 Identification and protection of unclassified controlled

nuclear information

1018 Referral of debts to IRS for tax refund offset

1020 Grand Junction remedial action criteria

1021 Compliance with the National Environmental Policy Act

1022 Compliance with floodplain/wetlands environmental review

requirements

1023 Contract appeals

1024 Procedures for financial assistance appeals

1035 Debarment and suspension (Procurement)

1036 Governmentwide debarment and suspension (nonprocurement) and

governmentwide requirements for drug-free workplace

(grants)

1039 Uniform relocation assistance and real property acquisition

for Federal and federally assisted programs

1040 Nondiscrimination in federally assisted programs

1041 Enforcement of nondiscrimination on the basis of handicap in

programs or activities conducted by Department of Energy

1045 National security information

1046 Physical protection of security interests

1047 Limited arrest authority and use of force by protective

force officers

1048 Trespassing on strategic petroleum reserve facilities and

other property

1049 Limited arrest authority and use of force by protective

force officers of the Strategic Petroleum Reserve

1050 Foreign gifts and decorations

1060 Payment of travel expenses of persons who are not Government

employees

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Title 18--Conservation of Power and Water Resources

Chapter I--Federal Energy Regulatory Commission, Department of Energy

(Parts 1-399) Subchapter L--Regulations for Federal Power Marketing

Administrations

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300 Confirmation and approval of the rates of Federal power

marketing administrations

301 Average system cost methodology for sales from utilities to

Bonneville Power Administration Northwest Power Act

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Title 48--Federal Acquisition Regulations

Chapter 9--Department of Energy (Parts 900-999)

Subchapter A--General

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901 Federal Acquisition Regulations System

902 Definitions of words and terms

903 Improper business practices and personal conflicts of

interest

904 Administrative matters

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Subchapter B--Acquisition Planning

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905 Publicizing contract actions

906 Competition requirements

907 Acquisition planning

908 Required sources of supplies and services

909 Contracting qualifications

910 Specifications, standards, and other purchase descriptions

912 Contract delivery or performance

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Subchapter C--Contracting Methods and Contract Types

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913 Small purchase and other simplified purchase procedures

914 Sealed bidding

915 Contracting by negotiation

916 Types of contracts

917 Special contracting methods

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Subchapter D--Socioeconomic Programs

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919 Small business and small disadvantaged business concerns

920 Labor surplus area concerns

922 Application of labor laws to Government acquisition

923 Environment, conservation, and occupational safety

924 Protection of privacy and freedom of information

925 Foreign acquisition

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Subchapter E--General Contracting Requirements

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927 Patents, data, and copyrights

928 Bonds and insurance

931 Contract cost principles and procedures

932 Contract financing

933 Protests, disputes, and appeals

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Subchapter F--Special Categories of Contracting

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935 Research and development contracting

936 Construction and architect--engineer contracts

937 Service contracting

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Subchapter G--Contract Management

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942 Contract administration

943 Contract modifications

944 Subcontracting policies and procedures

945 Government property

947 Transportation

949 Termination of contracts

950 Extraordinary contractual actions

951 Use of Government sources by contractors

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Subchapter H--Clauses and Forms

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952 Solicitation provisions and contract clauses

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Subchapter I--Agency Supplementary Regulations

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970 DOE management and operating contracts

971 Review and approval of contract actions

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[FR Doc. 94-4633 Filed 2-28-94; 8:45 am]

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