Federal Register / Vol. 79, No. 230 / Monday, December 1, 2014 / Rules and Regulations 71009 

How To File a Complaint of 

Discrimination 

To file a complaint of discrimination, 

complete the USDA Program 

Discrimination Complaint Form, which 

may be accessed online at http://

www.ocio.usda.gov/sites/default/files/

docs/2012/Complain_combined_6_8_

12.pdf, or write a letter signed by you 

or your authorized representative. 

Send your completed complaint form 

or letter to USDA by mail, fax, or email: 

Mail 

U.S. Department of Agriculture, 

Director, Office of Adjudication, 1400 

Independence Avenue SW., 

Washington, DC 20250–9410 

Fax 

(202) 690–7442 

Email 

program.intake@usda.gov 

Persons with disabilities who require 

alternative means for communication 

(Braille, large print, audiotape, etc.), 

should contact USDA’s TARGET Center 

at (202) 720–2600 (voice and TDD). 

Additional Public Notification 

FSIS will announce this rule online 

through the FSIS Web page located at 

http://www.fsis.usda.gov/regulations_&_

policies/Interim_&_Final_Rules/

index.asp. 

FSIS will also make copies of this 

Federal Register publication available 

through the FSIS Constituent Update, 

which is used to provide information 

regarding FSIS policies, procedures, 

regulations, Federal Register notices, 

FSIS public meetings, and other types of 

information that could affect or would 

be of interest to constituents and 

stakeholders. The Update is 

communicated via Listserv, a free 

electronic mail subscription service for 

industry, trade groups, consumer 

interest groups, health professionals, 

and other individuals who have asked 

to be included. The Update is also 

available on the FSIS Web page. In 

addition, FSIS offers an electronic mail 

subscription service which provides 

automatic and customized access to 

selected food safety news and 

information. This service is available at 

http://www.fsis.usda.gov/News_&_

Events/Email_Subscription/. Options 

range from recalls to export information 

to regulations, directives and notices. 

Customers can add or delete 

subscriptions themselves, and have the 

option to password protect their 

accounts. 

Done at Washington, DC on: November 25, 

2014 

Alfred V. Almanza, 

Acting Administrator. 

[FR Doc. 2014–28269 Filed 11–28–14; 8:45 am] 

BILLING CODE 3410–DM–P 

DEFENSE NUCLEAR FACILITIES 

SAFETY BOARD 

10 CFR Part 1708 

Procedures for Safety Investigations 

AGENCY: Defense Nuclear Facilities 

Safety Board. 

ACTION: Final rule. 

SUMMARY: The Defense Nuclear 

Facilities Safety Board (Board) is 

promulgating a final rule which 

establishes procedures for conducting 

preliminary and formal safety 

investigations of events or practices at 

Department of Energy (DOE) defense 

nuclear facilities that the Board 

determines have adversely affected, or 

may adversely affect, public health and 

safety. The Board’s experience in 

conducting formal safety investigations 

necessitates codifying the procedures 

set forth in this final rule. Among other 

benefits, these procedures will ensure a 

more efficient investigative process, 

protect confidential and privileged 

safety information, and promote 

uniformity of future safety 

investigations. The rule also promotes 

public awareness through greater 

transparency in the conduct of Board 

investigations. 

DATES: This rule is effective December 1, 

2014. 

FOR FURTHER INFORMATION CONTACT: John 

G. Batherson, Associate General 

Counsel, Defense Nuclear Facilities 

Safety Board, 625 Indiana Avenue NW., 

Suite 700, Washington, DC 20004, 

telephone (202) 694–7018, facsimile 

(202) 208–6518, email JohnB@dnfsb.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On July 27, 2012, the Board published 

a proposed rule in the Federal Register 

(77 FR 44174). The Board initially 

provided a 30-day public comment 

period for the proposed rule, and then 

extended the comment period an 

additional 30 days to September 26, 

2012 (77 FR 51943). Subsequent to 

publication of the proposed rule and 

disposition of comments, but before the 

final rule was published, the National 

Defense Authorization Act (NDAA) for 

Fiscal Year (FY) 2013 amended the 

Board’s enabling legislation on January 

2, 2013. The NDAA amendments 

required the Board to further modify the 

proposed rule. On August 11, 2014, the 

Board published a second notice of 

proposed rule in the Federal Register 

(79 FR 46720). The second notice of 

proposed rule incorporated changes 

necessitated by those NDAA 

amendments. 

The Board is responsible for making 

recommendations to the Secretary of 

Energy and the President as the Board 

determines are necessary to ensure 

adequate protection of public health and 

safety at DOE defense nuclear facilities. 

The Board is vested with broad 

authority pursuant to 42 U.S.C. 

2286a(b)(2) to investigate events or 

practices which have adversely affected, 

or may adversely affect, public health 

and safety at DOE’s defense nuclear 

facilities. The Board is authorized to 

promulgate this final rule pursuant to its 

enabling legislation in the Atomic 

Energy Act of 1954, as amended, at 42 

U.S.C. 2286b(c), which states that the 

Board may prescribe regulations to carry 

out its responsibilities. The final rule 

establishes a new Part 1708 in the 

Board’s regulations, setting forth 

procedures governing the conduct of 

safety investigations. 

It is imperative that Board 

investigators be able to obtain 

information from witnesses necessary to 

form an understanding of the 

underlying causes that adversely affect, 

or may adversely affect, public health 

and safety at DOE defense nuclear 

facilities. Frank communications are 

critical if Board investigators are to be 

effective. The Board must also be 

viewed as uncompromising in 

maintaining non-disclosure of 

privileged safety information. The Board 

must be able to assure complete 

confidentiality in order to encourage 

future witnesses to come forward. 

The Board requires the discretion to 

offer individuals enforceable assurances 

of confidentiality in order to encourage 

their full and frank testimony. Without 

such authority, individuals may refrain 

from providing the Board with vital 

information affecting public health and 

safety, frustrating the efficient operation 

of the Board’s oversight mission. To 

encourage candor and facilitate the free 

flow of information, the Board adopted 

in the proposed rule procedures to 

protect confidential statements from 

disclosure to the maximum extent 

permitted under existing law. 

The Board received two formal 

comments on the July 27, 2012, (77 FR 

44174) proposed rule: An email 

comment from Mr. Richard L. Urie, 

dated September 4, 2012, and a letter 

from Mr. Eric Fygi, DOE Deputy General 


rljohnson on DSK3VPTVN1PROD with RULES
71010 Federal Register / Vol. 79, No. 230 / Monday, December 1, 2014 / Rules and Regulations 

Counsel, dated September 26, 2012, 

submitted on behalf of DOE. The Board 

also became aware of additional 

commentary from Mr. Larry Brown, a 

former Board Member, published in the 

‘‘Weapons Complex Monitor.’’ This 

commentary was not sent to the Board’s 

contact point noticed in the proposed 

rule. However, the Board, in its 

discretion, decided to treat this 

commentary as having been submitted 

directly to the Board as a comment. The 

Board carefully considered each 

comment received, and made 

modifications to the proposed rule in 

response where appropriate. These 

modifications were published in the 

August 11, 2014, (79 FR 46720) second 

notice of proposed rule, along with a 

discussion of the disposition of 

comments received from the initial July 

27, 2012, proposed rule and a request 

for additional comments. The Board 

received no additional comments on the 

second notice of proposed rule. 

Regulatory Flexibility Act 

For purposes of the Regulatory 

Flexibility Act, the rule will not have a 

significant economic impact on a 

substantial number of small entities. 

The rule addresses only the procedures 

to be followed in safety investigations. 

Accordingly, the Board has determined 

that a Regulatory Flexibility Analysis is 

not required. 

Unfunded Mandates Reform Act 

For purposes of the Unfunded 

Mandates Reform Act of 1995, the rule 

would not significantly or uniquely 

affect small governments and would not 

result in increased expenditures by 

State, local, and tribal governments, in 

the aggregate, or by the private sector, of 

$100 million or more (as adjusted for 

inflation). 

Executive Order 12866 

In issuing this regulation, the Board 

has adhered to the regulatory 

philosophy and the applicable 

principles of regulation as set forth in 

section 1 of Executive Order 12866, 

Regulatory Planning and Review. This 

rule has not been reviewed by the Office 

of Management and Budget under that 

Executive Order since it is not a 

significant regulatory action within the 

meaning of the Executive Order. 

Executive Order 12988 

The Board has reviewed this 

regulation in light of section 3 of 

Executive Order 12988, Civil Justice 

Reform, and certifies that it meets the 

applicable standards provided therein. 

Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because this regulation does 

not contain information collection 

requirements that require approval by 

the Office of Management and Budget. 

The Board expects the collection of 

information that is called for by the 

regulation would involve fewer than 10 

persons each year. 

Congressional Review Act 

The Board has determined that this 

rulemaking does not involve a rule 

within the meaning of the Congressional 

Review Act. 

List of Subjects in 10 CFR Part 1708 

Administrative practice, Procedure, 

and Safety investigations. 

For the reasons stated in the 

preamble, the Defense Nuclear Facilities 

Safety Board adds a new Part 1708 to 10 

CFR chapter XVII to read as follows: 

PART 1708—PROCEDURES FOR 

SAFETY INVESTIGATIONS 

Sec. 

1708.100 Authority to conduct safety 

investigations. 

1708.101 Scope and purpose of safety 

investigations. 

1708.102 Types of safety investigations. 

1708.103 Request to conduct safety 

investigations. 

1708.104 Confidentiality of safety 

investigations and privileged safety 

information. 

1708.105 Promise of confidentiality. 

1708.106 Limitation on participation. 

1708.107 Powers of persons conducting 

formal safety investigations. 

1708.108 Cooperation: Ready access to 

facilities, personnel, and information. 

1708.109 Rights of witnesses in safety 

investigations. 

1708.110 Multiple interests. 

1708.111 Sequestration of witnesses. 

1708.112 Appearance and practice before 

the Board. 

1708.113 Right to submit statements. 

1708.114 Official transcripts. 

1708.115 Final report of safety 

investigation. 

1708.116 Procedure after safety 

investigations. 

Authority: 42 U.S.C. 2286b(c); 42 U.S.C. 

2286a(b)(2); 44 U.S.C. 3101–3107, 3301– 

3303a, 3308–3314. 

§ 1708.100 Authority to conduct safety 

investigations. 

(a) The Defense Nuclear Facilities 

Safety Board (Board) is an independent 

federal agency in the executive branch 

of the United States Government. 

(b) The Board’s enabling legislation 

authorizes it to conduct safety 

investigations pursuant to the Atomic 

Energy Act of 1954, as amended (42 

U.S.C. 2286a(b)(2)). 

§ 1708.101 Scope and purpose of safety 

investigations. 

(a) The Board shall investigate any 

event or practice at a Department of 

Energy defense nuclear facility which 

the Board determines has adversely 

affected, or may adversely affect, public 

health and safety. 

(b) The purpose of any Board 

investigation shall be: 

(1) To determine whether the 

Secretary of Energy is adequately 

implementing standards (including all 

applicable Department of Energy orders, 

regulations, and requirements) at 

Department of Energy defense nuclear 

facilities; 

(2) To ascertain information 

concerning the circumstances of such 

event or practice and its implications for 

such standards; 

(3) To determine whether such event 

or practice is related to other events or 

practices at other Department of Energy 

defense nuclear facilities; and 

(4) To provide to the Secretary of 

Energy such recommendations for 

changes in such standards or the 

implementation of such standards 

(including Department of Energy orders, 

regulations, and requirements) and such 

recommendations relating to data or 

research needs as may be prudent or 

necessary. 

§ 1708.102 Types of safety investigations. 

(a) The Board may initiate a 

preliminary safety inquiry or order a 

formal safety investigation. 

(b) A preliminary safety inquiry 

means any inquiry conducted by the 

Board or its staff, other than a formal 

investigation. Where it appears from a 

preliminary safety inquiry that a formal 

safety investigation is appropriate, the 

Board’s staff will so recommend to the 

Board. 

(c) A formal safety investigation is 

instituted by an Order of Safety 

Investigation issued either after a 

recorded notational vote of Board 

Members or after convening a meeting 

in accordance with the Government in 

the Sunshine Act and voting in open or 

closed session, as the case may be. 

(d) Orders of Safety Investigations 

will outline the basis for the 

investigation, the matters to be 

investigated, the Investigating Officer(s) 

designated to conduct the investigation, 

and their authority. 

(e) The Office of the General Counsel 

shall have primary responsibility for 

conducting and leading a formal safety 

investigation. The Investigating 

Officer(s) shall report to the Board. 

(f) Following a notational vote and in 

accordance with the Government in the 

Sunshine Act, the Board or an 


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individual Board Member authorized by 

the Board may hold such closed or open 

hearings and sit and act at such times 

and places, and require the attendance 

and testimony of such witnesses and the 

production of such evidence as the 

Board or an authorized member may 

find advisable, or exercise any other 

applicable authority as provided in the 

Board’s enabling legislation. Each Board 

Member shall have full access to all 

information relating to the matter under 

investigation, including attendance at 

closed hearings. 

(g) Subpoenas in formal safety 

investigation hearings may be issued by 

the Chairman only after a notational 

vote of the Board. The Chairman may 

designate another Board Member to 

issue a subpoena. Subpoenas shall be 

served by any person designated by the 

Chairman, or otherwise as provided by 

law. 

(h) A determination of a decision or 

action authorized to the Board by these 

procedures shall only be made after a 

notational vote of the Board with each 

Board Member having one vote. 

§ 1708.103 Request to conduct safety 

investigations. 

(a) Any person may request that the 

Board perform a preliminary safety 

inquiry or conduct a formal safety 

investigation concerning a matter within 

the Board’s jurisdiction. 

(b) Actions the Board may take 

regarding safety investigation requests 

are discretionary. 

(c) The Board will offer to protect the 

identity of a person requesting a safety 

investigation to the maximum extent 

permitted by law. 

(d) Board safety investigations are 

wholly administrative and investigatory 

in nature and do not involve a 

determination of criminal culpability, 

adjudication of rights and duties, or 

other quasi-judicial determinations. 

§ 1708.104 Confidentiality of safety 

investigations and privileged safety 

information. 

(a) Information obtained during the 

course of a preliminary safety inquiry or 

a formal safety investigation may be 

treated as confidential, safety privileged, 

and non-public by the Board and its 

staff, to the extent permissible under 

existing law. The information subject to 

this protection includes but is not 

limited to: Identity of witnesses; 

recordings; statements; testimony; 

transcripts; emails; all documents, 

whether or not obtained pursuant to 

Board subpoena; any conclusions based 

on privileged safety information; any 

deliberations or recommendations as to 

policies to be pursued; and all other 

related investigative proceedings and 

activities. 

(b) The Board shall have the 

discretion to assert the safety privilege 

when safety information, determined by 

the Board as protected from release, is 

sought by any private or public 

governmental entity or by parties to 

litigation who attempt to compel its 

release. 

(c) Nothing in this section voids or 

otherwise displaces the Board’s legal 

obligations with respect to the Freedom 

of Information Act, the Government in 

the Sunshine Act, or any procedures or 

requirements contained in the Board’s 

regulations issued pursuant to those 

Acts. 

§ 1708.105 Promise of confidentiality. 

(a) The Investigating Officer(s) may 

give a promise of confidentiality to any 

individual who provides evidence for a 

safety inquiry or investigation to 

encourage frank communication. 

(b) A promise of confidentiality must 

be explicit. 

(c) A promise of confidentiality must 

be documented in writing. 

(d) A promise of confidentiality may 

be given only as needed to ensure 

forthright cooperation of a witness and 

may not be given on a blanket basis to 

all witnesses. 

(e) A promise of confidentiality must 

inform the witness that it applies only 

to information given to the Investigating 

Officer(s) and not to the same 

information if given to others. 

§ 1708.106 Limitation on participation. 

(a) A safety investigation under this 

rule is not a judicial or adjudicatory 

proceeding. 

(b) No person or entity has standing 

to intervene or participate as a matter of 

right in any safety investigation under 

this regulation. 

§ 1708.107 Powers of persons conducting 

formal safety investigations. 

The Investigating Officer(s) appointed 

by the Board may take informal or 

formal statements, interview witnesses, 

take testimony, request production of 

documents, recommend issuance of 

subpoenas, recommend taking of 

testimony in a closed forum, 

recommend administration of oaths, and 

otherwise perform any lawful act 

authorized under the Board’s enabling 

legislation in connection with any safety 

investigation ordered by the Board. 

§ 1708.108 Cooperation: Ready access to 

facilities, personnel, and information. 

(a) Section 2286c(a) of the Atomic 

Energy Act of 1954, as amended, 

requires the Department of Energy to 

fully cooperate with the Board and 

provide the Board with ready access to 

such facilities, personnel, and 

information as the Board considers 

necessary, including ready access in 

connection with a safety investigation. 

(b) Each contractor operating a 

Department of Energy defense nuclear 

facility under a contract awarded by the 

Secretary is also required, to the extent 

provided in such contract or otherwise 

with the contractor’s consent, to fully 

cooperate with the Board and provide 

the Board with ready access to such 

facilities, personnel, and information of 

the contractor as the Board considers 

necessary in connection with a safety 

investigation. 

(c) The Board may make a written 

request to persons or entities relevant to 

the safety investigation to preserve 

pertinent information, documents, and 

evidence, including electronically 

stored information, in order to preclude 

alteration or destruction of that 

information. 

§ 1708.109 Rights of witnesses in safety 

investigations. 

(a) Any person who is compelled to 

appear in person to provide testimony 

or produce documents in connection 

with a safety investigation is entitled to 

be accompanied, represented, and 

advised by an attorney. Subpoenas in 

safety investigations shall issue only 

under signature of the Chairman or any 

Member of the Board designated by the 

Chairman. Attendance and testimony 

shall be before the Board or a Member 

authorized by the Board. 

(b) If an executive branch agency 

employee witness is represented by 

counsel from that same agency, counsel 

shall identify who counsel represents to 

determine whether counsel represents 

multiple interests in the safety 

investigation. 

(c) Counsel for a witness may advise 

the witness with respect to any question 

asked where it is claimed that the 

testimony sought from the witness is 

outside the scope of the safety 

investigation, or that the witness is 

privileged to refuse to answer a question 

or to produce other evidence. For these 

permissible objections, the witness or 

counsel may object on the record to the 

question and may state briefly and 

precisely the grounds therefore. If the 

witness refuses to answer a question, 

then counsel may briefly state on the 

record that counsel has advised the 

witness not to answer the question and 

the legal grounds for such refusal. The 

witness and his or her counsel shall not 

otherwise object to or refuse to answer 

any question, and they shall not 

otherwise interrupt any oral 

examination. 


rljohnson on DSK3VPTVN1PROD with RULES
71012 Federal Register / Vol. 79, No. 230 / Monday, December 1, 2014 / Rules and Regulations 

(d) When it is claimed that the 

witness has a privilege to refuse to 

answer a question on the grounds of 

self-incrimination, the witness must 

assert the privilege personally. 

(e) Any objections made during the 

course of examination will be treated as 

continuing objections and preserved 

throughout the further course of 

testimony without the necessity for 

repeating them as to any similar line of 

inquiry. 

(f) Counsel for a witness may not 

interrupt the examination by making 

any unnecessary objections or 

statements on the record. 

(g) Following completion of the 

examination of a witness, such witness 

may make a statement on the record, 

and that person’s counsel may, on the 

record, question the witness to enable 

the witness to clarify any of the 

witness’s answers or to offer other 

evidence. 

(h) The Board or any Member 

authorized by the Board shall take all 

measures necessary to regulate the 

course of an investigative proceeding to 

avoid delay and prevent or restrain 

obstructionist or contumacious conduct 

or contemptuous language. 

(i) If the Board or any Member 

authorized by the Board finds that 

counsel for a witness, or other 

representative, has refused to comply 

with his or her directions, or has 

engaged in obstructionism or 

contumacy, the Board or Member 

authorized by the Board may thereupon 

take action as the circumstances may 

warrant. 

(j) Witnesses appearing voluntarily do 

not have a right to have counsel present 

during questioning, although the Board 

or Member authorized by the Board, in 

consultation with the Office of the 

General Counsel, may permit a witness 

appearing on a voluntary basis to be 

accompanied by an attorney or nonattorney representative. 

§ 1708.110 Multiple interests. 

(a) If counsel representing a witness 

appears in connection with a safety 

investigation, counsel shall state on the 

record all other persons or entities 

counsel represents in that investigation. 

(b) When counsel does represent more 

than one person or entity in a safety 

investigation, counsel shall inform the 

Investigating Officer(s) and each client 

of counsel’s possible conflict of interest 

in representing that client. 

(c) When an Investigating Officer(s), 

or the Board, as the case may be, in 

consultation with the Board’s General 

Counsel, has concrete evidence that the 

presence of an attorney representing 

multiple interests would obstruct or 

impede the safety investigation, the 

Investigating Officer(s) or the Board may 

prohibit that attorney from being 

present during testimony. 

(d) The Board shall issue a written 

statement of the reasons supporting a 

decision to exclude counsel under this 

section within five working days 

following exclusion. The Board shall 

also delay the safety investigation for a 

reasonable period of time to permit 

retention of new counsel. 

§ 1708.111 Sequestration of witnesses. 

(a) Witnesses shall be sequestered 

during interviews, or during the taking 

of testimony, unless otherwise 

permitted by the Investigating Officer(s) 

or by the Board, as the case may be. 

(b) No witness, or counsel 

accompanying any such witness, shall 

be permitted to be present during the 

examination of any other witness called 

in such proceeding, unless permitted by 

the Investigating Officer(s) or the Board, 

as the case may be. 

§ 1708.112 Appearance and practice 

before the Board. 

(a) Counsel appearing before the 

Board or the Investigating Officer(s) 

must conform to the standards of ethical 

conduct required of practitioners before 

the Courts of the United States. 

(b) The Board may suspend or deny, 

temporarily or permanently, the 

privilege of appearing or practicing 

before the Board in any way to a person 

who is found: 

(1) Not to possess the requisite 

qualifications to represent others; or 

(2) To have engaged in unethical or 

improper professional conduct; or 

(3) To have engaged in obstructionism 

or contumacy before the Board; or 

(4) To be otherwise not qualified. 

(c) Obstructionist or contumacious 

conduct in an investigation before the 

Board or the Investigating Officer(s) will 

be grounds for exclusion of any person 

from such safety investigation 

proceedings and for summary 

suspension for the duration of the 

investigation. 

(d) At the time of the finding the 

Board shall issue a verbal or written 

statement of the reasons supporting a 

decision to suspend or exclude counsel 

for obstructionism or contumacy. 

(e) A witness may have a reasonable 

amount of time to retain replacement 

counsel if original counsel is suspended 

or excluded. 

§ 1708.113 Right to submit statements. 

At any time during the course of an 

investigation, any person may submit 

documents, statements of facts, or 

memoranda of law for the purpose of 

explanation or further development of 

the facts and circumstances relevant to 

the safety matter under investigation. 

§ 1708.114 Official transcripts. 

(a) Official transcripts of witness 

testimony, whether or not compelled by 

subpoena to appear before a Board 

safety investigation, shall be recorded 

either by an official reporter or by any 

other person or means designated by the 

Investigating Officer(s) or the Board’s 

General Counsel. 

(b) Such witness, after completing the 

compelled testimony, may file a request 

with the Board’s General Counsel to 

procure a copy of the official transcript 

of that witness’s testimony. The General 

Counsel shall rule on the request, and 

may deny for good cause. 

(c) Good cause for denying a witness’s 

request to procure a transcript may 

include, but shall not be limited to, the 

protection of a trade secret, nondisclosure of confidential or proprietary 

business information, security-sensitive 

operational or vulnerability information, 

safety privileged information, or the 

integrity of Board investigations. 

(d) Whether or not a request is made, 

the witness and his or her attorney shall 

have the right to inspect the official 

transcript of the witness’s own 

testimony, in the presence of the 

Investigating Officer(s) or his designee, 

for purposes of conducting errata 

review. 

(e) Transcripts of testimony are 

otherwise considered confidential and 

privileged safety information, and in no 

case shall a copy or any reproduction of 

such transcript be released to any other 

person or entity, except as provided in 

paragraph (b) above or as required under 

the Freedom of Information Act or the 

Government in the Sunshine Act, or any 

procedures or requirements contained 

in Board regulations issued pursuant to 

those Acts. 

§ 1708.115 Final report of safety 

investigation. 

(a) The Board will complete a final 

report of the safety investigation fully 

setting forth the Board’s findings and 

conclusions. 

(b) The final report of the safety 

investigation is confidential and 

protected by the safety privilege, and is 

therefore not releasable. 

(c) The Board, in its discretion, may 

sanitize the final report of the safety 

investigation by redacting confidential 

and safety privileged information so that 

the report is put in a publically 

releasable format. 

(d) Nothing in this section voids or 

otherwise displaces the Board’s legal 

obligations with respect to compliance 


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Federal Register / Vol. 79, No. 230 / Monday, December 1, 2014 / Rules and Regulations 71013 

with the Freedom of Information Act, 

the Government in the Sunshine Act, or 

any procedures or requirements 

contained in the Board’s regulations 

issued pursuant to those Acts. 

§ 1708.116 Procedure after safety 

investigations. 

(a) If a formal safety investigation 

results in a finding that an event or 

practice has adversely affected, or may 

adversely affect, public health and 

safety, the Board may take any 

appropriate action authorized to it 

under its enabling statute, including, 

but not limited to, making a formal 

recommendation to the Secretary of 

Energy, convening a hearing, or 

establishing a reporting requirement. 

(b) If a safety investigation yields 

information relating to violations of 

federal criminal law involving 

government officers and employees, the 

Board shall expeditiously refer the 

matter to the Department of Justice for 

disposition. 

(c) If in the course of a safety 

investigation, a safety issue or concern 

is found to be outside the Board’s 

jurisdiction, that safety issue or concern 

shall be referred to the appropriate 

entity with jurisdiction for disposition. 

(d) Statements made in connection 

with testimony provided to the Board in 

an investigation are subject to the 

provisions of 18 U.S.C. 1001. 

Dated: November 24, 2014. 

Peter S. Winokur, 

Chairman. 

[FR Doc. 2014–28248 Filed 11–28–14; 8:45 am] 

BILLING CODE 3670–01–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 730, 734, 736, 742, 744, 

and 745 

[Docket No. 141114962–4962–01] 

RIN 0694–AG39 

Updated Statements of Legal Authority 

for the Export Administration 

Regulations 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: This rule updates the Code of 

Federal Regulations (CFR) legal 

authority paragraphs in the Export 

Administration Regulations (EAR) to 

cite the most recent Presidential notice 

extending an emergency declared 

pursuant to the International Emergency 

Economic Powers Act. This is a 

procedural rule that only updates 

authority paragraphs of the EAR. It does 

not alter any right, obligation or 

prohibition that applies to any person 

under the EAR. 

DATES: The rule is effective December 1, 

2014. 

FOR FURTHER INFORMATION CONTACT: 

William Arvin, Regulatory Policy 

Division, Bureau of Industry and 

Security, Telephone: (202) 482–2440. 

SUPPLEMENTARY INFORMATION: 

Background 

Authority for EAR parts 730, 734, 736, 

742, 744 & 745 rests, in part, on 

Executive Order 12938 of November 14, 

1994—National Emergency With 

Respect to Weapons of Mass 

Destruction, 59 FR 59099, 3 CFR, 1994 

Comp., p. 950 and on annual notices 

extending the emergency declared in 

that executive order. This rule revises 

the authority paragraphs for the affected 

parts to cite the most recent such notice, 

which the President signed on 

November 7, 2014. 

This rule is purely procedural, and 

makes no changes other than to revise 

CFR authority paragraphs for the 

purpose of making the authority 

citations current. It does not change the 

text of any section of the EAR, nor does 

it alter any right, obligation or 

prohibition that applies to any person 

under the EAR. 

Rulemaking Requirements 

1. Executive Orders 13563 and 12866 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). This rule does not impose any 

regulatory burden on the public and is 

consistent with the goals of Executive 

Order 13563. This rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

2. Notwithstanding any other 

provision of law, no person is required 

to respond to, nor shall any person be 

subject to a penalty for failure to comply 

with, a collection of information subject 

to the requirements of the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.) (PRA), unless that collection of 

information displays a currently valid 

Office of Management and Budget 

(OMB) Control Number. This rule does 

not involve any collection of 

information. 

3. This rule does not contain policies 

with Federalism implications as that 

term is defined under Executive Order 

13132. 

4. The Department finds that there is 

good cause under 5 U.S.C. 553(b)(B) to 

waive the provisions of the 

Administrative Procedure Act requiring 

prior notice and the opportunity for 

public comment because they are 

unnecessary. This rule only updates 

legal authority citations. It clarifies 

information and is non-discretionary. 

This rule does not alter any right, 

obligation or prohibition that applies to 

any person under the EAR. Because 

these revisions are not substantive 

changes, it is unnecessary to provide 

notice and opportunity for public 

comment. In addition, the 30-day delay 

in effectiveness required by 5 U.S.C. 

553(d) is not applicable because this 

rule is not a substantive rule. Because 

neither the Administrative Procedure 

Act nor any other law requires that 

notice of proposed rulemaking and an 

opportunity for public comment be 

given for this rule, the analytical 

requirements of the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.) are 

not applicable. 

List of Subjects 

15 CFR Part 730 

Administrative practice and 

procedure, Advisory committees, 

Exports, Reporting and recordkeeping 

requirements, Strategic and critical 

materials. 

15 CFR Part 734 

Administrative practice and 

procedure, Exports, Inventions and 

patents, Research, Science and 

technology. 

15 CFR Part 736 

Exports. 

15 CFR Part 742 

Exports, Terrorism. 

15 CFR Part 744 

Exports, Reporting and recordkeeping 

requirements, Terrorism. 

15 CFR Part 745 

Administrative practice and 

procedure, Chemicals, Exports, Foreign 

trade, Reporting and recordkeeping 

requirements. 

Accordingly, parts 730, 734, 736, 742, 

744 and 745 of the EAR (15 CFR parts 

730–774) are amended as follows: 

PART 730—[AMENDED] 

■ 1. The authority citation for 15 CFR 

part 730 is revised to read as follows: 

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. 


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