Transitional Facilities

SUMMARY: As part of an on-going effort to review and streamline its

regulations, the Department of Energy has determined that its

regulations governing the classification of transitional facilities

under the Powerplant and Industrial Fuel Use Act of 1978, as amended,

are outdated and serve no useful purpose. Consequently, these obsolete,

unnecessary regulations are removed from the Department's regulations

in title 10 of the Code of Federal Regulations.

EFFECTIVE DATE: July 7, 1995.

FOR FURTHER INFORMATION CONTACT: Ellen Russell, Office of Fossil

Energy, (202) 586-9624.

SUPPLEMENTARY INFORMATION:

I. Background

Today's action is one step in a Department of Energy effort to

review and streamline its regulations. The streamlining effort,

described in previously published notices of March 1 and November 14,

1994 (59 FR 9682; 59 FR 56421), was begun in response to Executive

Order 12866, ``Regulatory Planning and Review,'' published October 4,

1993 (58 FR 51735). The importance of the Department's initiative was

underscored on March 4, 1995, when the President issued a memorandum to

the heads of all departments and agencies, calling for increased

regulatory review and reinvention efforts under Executive Order 12866.

One of the specific activities the President directed departments and

agencies to undertake is the systematic review of agency regulations to

determine which regulations have become outdated or are otherwise in

need of modification.

In the November 14, 1994, notice of inquiry, the Department of

Energy identified 13 regulations or regulatory areas that it had

targeted for modification or elimination, and the notice invited public

comment on the desirability of modifying or eliminating the targeted

regulations. First on the list of 13 regulations or regulatory areas

was elimination of 10 CFR part 515. Those regulations were promulgated

in 1979 to implement provisions of the Powerplant and Industrial Fuel

Use Act of 1978, Pub. L. 95-620 (42 U.S.C. 8301 et seq.). The

Department's notice of inquiry elicited no comments on elimination of

10 CFR part 515.

II. Discussion

The Powerplant and Industrial Fuel Use Act of 1978, Pub. L. 65-920

(FUA) was enacted as a means of restraining the use of domestic

petroleum and natural gas resources and reducing the Nation's

dependence on foreign energy supplies by increasing consumption of

coal. Under FUA an electric powerplant or major fuel burning

installation (MFBI) was classified as either ``new'' and subject to the

prohibitions of Title II, or ``existing'' and subject to the

prohibitions of Title III. ``New'' electric powerplants or MFBIs were

prohibited by FUA from using natural gas or petroleum as a primary

energy source unless granted an exemption from the prohibitions.

``Existing'' units were subject to less stringent prohibitions.

The transitional facility regulations at 10 CFR part 515 applied to

the limited number of entities that had generating units not yet

operational on April 20, 1977, (the date FUA was initiated) but for

which construction or acquisition had begun prior to November 9, 1978,

(the date of enactment of FUA). The purpose of these transitional

facility regulations was to reduce the likelihood of adversely

affecting a facility not operational on April 20, 1977, but for which

the construction or acquisition could not be cancelled, rescheduled or

modified without causing substantial financial penalty or significant

operational detriment.

The classification period for transitional facilities has

concluded. During the classification period applications were received

from 112 powerplants and 127 MFBI facilities; 83% of these facilities

were classified ``existing.'' There are no additional facilities that

could file applications for existing facility status under 10 CFR part

515.

The Department has determined that 10 CFR part 515 serves no useful

purpose and, therefore, this final rule repeals and removes those

regulations from the Code of Federal Regulations.

III. Procedural Requirements

A. The Need for Public Comment

Removal of 10 CFR part 515 will have no effect on any transitional

facility or any other facility within the Department's jurisdiction

under FUA. All transitional facilities that were covered by the

classification regulations in part 515 have been classified as either

``new'' or ``existing.'' Under the circumstances, inviting further

public comment on this rulemaking action is ``unnecessary'' and

``contrary to the public interest,'' as those terms are used in 5

U.S.C. 553(a)(3)(B). In addition, no comments were received from the

public regarding removal of 10 CFR part 515 when announced during

earlier proceedings. Therefore, the Department has determined that good

cause exists for not issuing a notice of proposed rulemaking with an

invitation for public comment and for making this rule effective upon

publication in the Federal Register.

B. Review Under Executive Order 12866 and the Paperwork Reduction Act

Today's regulatory action has been determined not to be a

``significant regulatory action'' under Executive Order 12866,

``Regulatory Planning and Review'' (58 FR 51735). In addition, this

rule does not contain information collection requirements that require

approval under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.)

Accordingly, today's action was not subject to review by the Office of

Information and Regulatory Affairs with the Office of Management and

Budget.

C. Review Under the National Environmental Policy Act

The Department has determined that this rulemaking is not a major

Federal action significantly affecting the quality of the human

environment within the meaning of the National Environmental

[[Page 35322]]

Policy Act of 1969 (42 U.S.C. 4321 et seq.) and, therefore, neither an

environmental assessment nor an environmental impact statement is

needed. Pursuant to Department of Energy regulations established for

its compliance with the National Environmental Policy Act, the

Department has determined that today's regulatory action is a ruling

with respect to the rescission of an existing regulation of the type

that is categorically excluded from further review under paragraph A4

of appendix A, subpart D, 10 CFR part 1021.

List of Subjects in 10 CFR Part 515

Administrative practice and procedure, Business and industry,

Electric power plants, Energy conservation, Natural gas, Petroleum, and

Reporting and recordkeeping requirements.

Issued in Washington, D.C., on June 30, 1995.

Patricia Fry Godley,

Assistant Secretary for Fossil Energy.

For the reasons set forth in the preamble, under the authority of

42 U.S.C. 7101, chapter II, subchapter E, title 10 of the Code of

Federal Regulations is amended by removing part 515.

[FR Doc. 95-16725 Filed 7-6-95; 8:45 am]

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