Federal Register / Vol. 80, No. 20 / Friday, January 30, 2015 / Rules and Regulations 5005 

E-Government Act Compliance 

The Animal and Plant Health 

Inspection Service is committed to 

compliance with the E-Government Act 

to promote the use of the Internet and 

other information technologies, to 

provide increased opportunities for 

citizen access to Government 

information and services, and for other 

purposes. For information pertinent to 

E-Government Act compliance related 

to this rule, please contact Ms. Kimberly 

Hardy, APHIS’ Information Collection 

Coordinator, at (301) 851–2727. 

List of Subjects in 7 CFR Part 319 

Coffee, Cotton, Fruits, Imports, Logs, 

Nursery stock, Plant diseases and pests, 

Quarantine, Reporting and 

recordkeeping requirements, Rice, 

Vegetables. 

Accordingly, we are amending 7 CFR 

part 319 as follows: 

PART 319–FOREIGN QUARANTINE 

NOTICES 

■ 1. The authority citation for part 319 

continues to read as follows: 

Authority: 7 U.S.C. 450, 7701–7772, and 

7781–7786; 21 U.S.C. 136 and 136a; 7 CFR 

2.22, 2.80, and 371.3. 

■ 2. Section 319.28 is amended as 

follows: 

■ a. By revising paragraph (c). 

■ b. By revising the OMB citation at the 

end of the section. 

The revisions read as follows: 

§ 319.28 Notice of quarantine. 

* * * * * 

(c) Unshu oranges from the Republic 

of Korea. The prohibition does not 

apply to Unshu oranges (Citrus 

reticulata Blanco var. unshu, Swingle 

[Citrus unshiu Marcovitch, Tanaka]), 

also known as Satsuma mandarin, or the 

Unshu, sweet, and mandarin orange 

hybrids Shiranuhi [(C. reticulata ssp. 

unshiu x (C. x sinensis)) x C. reticulata] 

and Setoka [(C. reticulata ssp. unshiu x 

(C. x sinensis)) x C. reticulata] x C. 

reticulata] grown on Jeju (also translated 

as Cheju) Island, Republic of Korea, and 

imported under permit into any area of 

the United States except for those 

specified in paragraph (c)(4) of this 

section, Provided, that each of the 

following safeguards is fully carried out: 

(1) Before packing, the fruit shall be 

given a surface sterilization in 

accordance with part 305 of this 

chapter. 

(2) The packinghouse in which the 

surface sterilization treatment is applied 

and the fruit is packed must be 

registered with the national plant 

protection organization of the Republic 

of Korea. 

(3) The fruit must be accompanied by 

a phytosanitary certificate issued by the 

national plant protection organization of 

the Republic of Korea, which includes 

an additional declaration stating that the 

fruit was given a surface sterilization in 

accordance with 7 CFR part 305 and 

was inspected and found free of Elsinoe 

australis. 

(4) The fruit may be imported into any 

area of the United States except 

American Samoa, Hawaii, the Northern 

Mariana Islands, Puerto Rico, and the 

U.S. Virgin Islands. 

(5) The fruit must be imported in 

commercial consignments only. 

* * * * * 

(Approved by the Office of Management and 

Budget under control numbers 0579–0173, 

0579–0314, 0579–0418, and 0579–0424) 

Done in Washington, DC, this 26th day of 

January 2015. 

Kevin Shea, 

Administrator, Animal and Plant Health 

Inspection Service. 

[FR Doc. 2015–01773 Filed 1–29–15; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF ENERGY 

10 CFR Parts 602, 707, 835, 850 and 

851 

RIN 1992–AA47 

Technical Amendments: Transfer of 

Office Functions 

AGENCY: Office of Environment, Health, 

Safety and Security, U.S. Department of 

Energy. 

ACTION: Final rule; technical 

amendment. 

SUMMARY: The Department of Energy 

(DOE) has reorganized its Office of 

Health, Safety and Security by dividing 

the office into two separate 

organizations: The Office of 

Environment, Health, Safety and 

Security and the Office of Enterprise 

Assessments. The Office of 

Environment, Health, Safety and 

Security’s mission is to provide 

corporate leadership and strategic 

approaches for protecting DOE’s 

workers, the public, the environment 

and national security assets. This 

objective is accomplished through 

developing corporate policies and 

standards and providing guidance on 

their implementation; sharing operating 

experience, lessons learned, and best 

practices; and providing assistance and 

supporting services to line management 

with the goal of mission success as 

DOE’s environment, health, safety and 

security advocate. The Office of 

Enterprise Assessments administers the 

Department’s Congressionally-mandated 

enforcement functions in the areas of 

worker safety and health, nuclear safety, 

and security, and provides independent 

assessments of Departmental 

performance in the areas of security, 

worker safety and health, nuclear safety 

and the environment. This final rule 

makes technical amendments to DOE’s 

regulations to substitute the officials to 

whom or offices to which functions 

have been transferred pursuant to the 

reorganization of offices and functions. 

This regulation does not alter 

substantive rights or obligations under 

current law. 

DATES: This rule is effective on January 

30, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Jacqueline D. Rogers, U.S. Department 

of Energy, Office of Environment, 

Health, Safety and Security, Mailstop 

AU–11, 1000 Independence Ave. SW., 

Washington, DC 20585, (202) 586–4714, 

or jackie.rogers@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

DOE has reorganized its Office of 

Health, Safety and Security (HSS) by 

dividing the office into two separate 

organizations: The Office of 

Environment, Health, Safety and 

Security (AU) and the Office of 

Enterprise Assessments (EA). HSS’s 

responsibilities were divided between 

the organizations as described below. 

AU’s mission is to provide corporate 

leadership and strategic approaches for 

protecting DOE’s workers, the public, 

the environment and national security 

assets. This objective is accomplished 

through developing corporate policies 

and standards and providing guidance 

on their implementation; sharing 

operating experience, lessons learned, 

and best practices; and providing 

assistance and supporting services to 

line management with the goal of 

mission success as DOE’s environment, 

health, safety and security advocate. AU 

is led by the Associate Under Secretary 

for Environment, Health, Safety and 

Security who reports directly to the 

Under Secretary for Management and 

Performance. 

EA is responsible for performing 

independent assessments in the areas of 

nuclear safety, worker safety and health, 

environment, cyber and physical 

security, and other critical functions; 

implementing Congressionallymandated investigations in the areas of 

worker safety and health, nuclear safety, 

and security and as appropriate, 

assessing civil penalties or pursuing 

other enforcement measures for any 


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5006 Federal Register / Vol. 80, No. 20 / Friday, January 30, 2015 / Rules and Regulations 

resulting violations; incorporating the 

lessons learned from assessments and 

enforcement activities into DOE safety 

and security training courses through its 

management of the National Training 

Center; and providing an open and 

effective means of communicating and 

creating collaborative relationships 

within and outside the Department 

through its stakeholder outreach 

program. EA is led by a Director who 

reports directly to the Secretary of 

Energy. 

Certain of the functions that were 

transferred to AU are subject to 

regulations in title 10 of the Code of 

Federal Regulations. As a result of the 

transfer, title 10 of the Code of Federal 

Regulations contains references to DOE 

program offices and positions that are 

no longer extant. This final rule amends 

title 10 of the Code of Federal 

Regulations to reflect new 

organizational structures and titles, and 

update addresses that are no longer 

correct. None of the regulatory 

amendments in this notice of final 

rulemaking alter substantive rights or 

obligations under current law. 

This final rule has been approved by 

the Secretary of Energy. 

II. Procedural Requirements 

A. Review Under Executive Order 12866 

This regulatory action has been 

determined not to be ‘‘a significant 

regulatory action’’ under Executive 

Order 12866, ‘‘Regulatory Planning and 

Review,’’ 58 FR 51735 (October 4, 1993). 

Accordingly, this action was not subject 

to review under that Executive Order by 

the Office of Information and Regulatory 

Affairs of the Office of Management and 

Budget (OMB). 

B. Review Under the Regulatory 

Flexibility Act 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) requires preparation 

of an initial regulatory flexibility 

analysis for any rule that by law must 

be proposed for public comment, unless 

the agency certifies that the rule, if 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities. As required by 

Executive Order 13272, ‘‘Proper 

Consideration of Small Entities in 

Agency Rulemaking,’’ 67 FR 53461 

(August 16, 2002), DOE published 

procedures and policies to ensure that 

the potential impacts of its draft rules 

on small entities are properly 

considered during the rulemaking 

process (68 FR 7990, February 19, 2003), 

and has made them available on the 

Office of General Counsel’s Web site: 

http://energy.gov/gc/office-generalcounsel. 

The regulatory amendments in this 

notice of final rulemaking reflecting 

transfers of functions and address 

changes relate solely to internal agency 

organization, management or personnel, 

and as such, are not subject to the 

requirement for a general notice of 

proposed rulemaking under the 

Administrative Procedure Act (5 U.S.C. 

553(a)(2)) (APA). There is no 

requirement under the APA or any other 

law that this rule be proposed for public 

comment. Consequently, this 

rulemaking is exempt from the 

requirements of the Regulatory 

Flexibility Act. 

C. Review Under the Paperwork 

Reduction Act 

This final rule does not impose a 

collection of information requirement 

subject to the Paperwork Reduction Act 

(44 U.S.C. 3501 et seq.). 

D. Review Under the National 

Environmental Policy Act 

DOE has concluded that promulgation 

of this rule falls into a class of actions 

that would not individually or 

cumulatively have a significant impact 

on the human environment, as 

determined by DOE’s regulations 

implementing the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321 et seq.). Specifically, this 

rule amends existing regulations 

without changing the environmental 

effect of the regulations being amended, 

and, therefore, is covered under the 

Categorical Exclusion in paragraph A5 

of Appendix A to subpart D, 10 CFR 

part 1021. Accordingly, neither an 

environmental assessment nor an 

environmental impact statement is 

required. 

E. Review Under Executive Order 13132 

Executive Order 13132, ‘‘Federalism,’’ 

64 FR 43255 (August 4, 1999) imposes 

certain requirements on agencies 

formulating and implementing policies 

or regulations that preempt State law or 

that have federalism implications. 

Agencies are required to examine the 

constitutional and statutory authority 

supporting any action that would limit 

the policymaking discretion of the 

States and carefully assess the necessity 

for such actions. The Executive Order 

also requires agencies to have an 

accountable process to ensure 

meaningful and timely input by State 

and local officials in the development of 

regulatory policies that have federalism 

implications. On March 14, 2000, DOE 

published a statement of policy 

describing the intergovernmental 

consultation process it will follow in the 

development of such regulations (65 FR 

13735). DOE has examined this rule and 

has determined that it does not preempt 

State law and does not have a 

substantial direct effect on the States, on 

the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. No further action 

is required by Executive Order 13132. 

F. Review Under Executive Order 12988 

With respect to the review of existing 

regulations and the promulgation of 

new regulations, section 3(a) of 

Executive Order 12988, ‘‘Civil Justice 

Reform’’ (61 FR 4729, February 7, 1996), 

imposes on Federal agencies the general 

duty to adhere to the following 

requirements: (1) Eliminate drafting 

errors and ambiguity; (2) write 

regulations to minimize litigation; and 

(3) provide a clear legal standard for 

affected conduct rather than a general 

standard and promote simplification 

and burden reduction. Section 3(b) of 

Executive Order 12988 specifically 

requires that Executive agencies make 

every reasonable effort to ensure that the 

regulation: (1) Clearly specifies the 

preemptive effect, if any; (2) clearly 

specifies any effect on existing Federal 

law or regulation; (3) provides a clear 

legal standard for affected conduct 

while promoting simplification and 

burden reduction; (4) specifies the 

retroactive effect, if any; (5) adequately 

defines key terms; and (6) addresses 

other important issues affecting clarity 

and general draftsmanship under any 

guidelines issued by the Attorney 

General. Section 3(c) of Executive Order 

12988 requires Executive agencies to 

review regulations in light of applicable 

standards in section 3(a) and section 

3(b) to determine whether they are met 

or it is unreasonable to meet one or 

more of them. DOE has completed the 

required review and determined that, to 

the extent permitted by law, this final 

rule meets the relevant standards of 

Executive Order 12988. 

G. Review Under the Unfunded 

Mandates Reform Act of 1995 

Title II of the Unfunded Mandates 

Reform Act of 1995 (Pub. L. 104–4) 

requires each Federal agency to assess 

the effects of a Federal regulatory action 

on State, local, and tribal governments, 

and the private sector. DOE has 

determined that this regulatory action 

does not impose a Federal mandate on 

State, local or tribal governments or on 

the private sector. 


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Federal Register / Vol. 80, No. 20 / Friday, January 30, 2015 / Rules and Regulations 5007 

H. Review Under the Treasury and 

General Government Appropriations 

Act, 1999 

Section 654 of the Treasury and 

General Government Appropriations 

Act, 1999 (Pub. L. 105–277) requires 

Federal agencies to issue a Family 

Policymaking Assessment for any rule 

that may affect family well-being. This 

rule would not have any impact on the 

autonomy or integrity of the family as 

an institution. Accordingly, DOE has 

concluded that it is not necessary to 

prepare a Family Policymaking 

Assessment. 

I. Review Under the Treasury and 

General Government Appropriations 

Act, 2001 

The Treasury and General 

Government Appropriations Act, 2001 

(44 U.S.C. 3516, note) provides for 

agencies to review most disseminations 

of information to the public under 

guidelines established by each agency 

pursuant to general guidelines issued by 

OMB. OMB’s guidelines were published 

at 67 FR 8452 (February 22, 2002), and 

DOE’s guidelines were published at 67 

FR 62446 (October 7, 2002). DOE has 

reviewed this final rule under the OMB 

and DOE guidelines and has concluded 

that it is consistent with applicable 

policies in those guidelines. 

J. Review Under Executive Order 13211 

Executive Order 13211, ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use,’’ 66 FR 28355 (May 

22, 2001) requires Federal agencies to 

prepare and submit to the Office of 

Information and Regulatory Affairs 

(OIRA), Office of Management and 

Budget, a Statement of Energy Effects for 

any proposed significant energy action. 

A ‘‘significant energy action’’ is defined 

as any action by an agency that 

promulgated or is expected to lead to 

promulgation of a final rule, and that: 

(1) Is a significant regulatory action 

under Executive Order 12866, or any 

successor order; and (2) is likely to have 

a significant adverse effect on the 

supply, distribution, or use of energy, or 

(3) is designated by the Administrator of 

OIRA as a significant energy action. For 

any proposed significant energy action, 

the agency must give a detailed 

statement of any adverse effects on 

energy supply, distribution, or use 

should the proposal be implemented, 

and of reasonable alternatives to the 

action and their expected benefits on 

energy supply, distribution, and use. 

This regulatory action is not a 

significant energy action. Accordingly, 

DOE has not prepared a Statement of 

Energy Effects. 

K. Administrative Procedure Act 

The regulatory amendments in this 

notice of final rulemaking reflecting 

transfers of functions and address 

changes relate solely to internal agency 

organization, management or personnel, 

and as such, are not subject to the 

requirement for a general notice of 

proposed rulemaking under the 

Administrative Procedure Act (5 U.S.C. 

553(a)(2)) (APA). There is no 

requirement under the APA or any other 

law that this rule be proposed for public 

comment. 

L. Congressional Notification 

As required by 5 U.S.C. 801, DOE will 

submit to Congress a report regarding 

the issuance of this final rule prior to 

the effective date set forth at the outset 

of this rulemaking. The report will state 

that it has been determined that the rule 

is not a ‘‘major rule’’ as defined by 5 

U.S.C. 801(2). 

List of Subjects 

10 CFR Part 602 

Grant programs-health, Medical 

research, Occupational safety and 

health, Reporting and recordkeeping 

requirements. 

10 CFR Part 707 

Classified information, Drug testing, 

Government contracts, Employee 

assistance programs, Energy, 

Government contracts, Health and 

safety, National security, Reasonable 

suspicion, Special nuclear material, 

Substance abuse. 

10 CFR Part 835 

Occupational safety and health, 

Radiation protection, Reporting and 

recordkeeping requirements. 

10 CFR Part 850 

Beryllium, Chronic beryllium disease, 

Hazardous substances, Lung diseases, 

Occupational safety and health, 

Reporting and recordkeeping 

requirements. 

10 CFR Part 851 

Civil penalties, Federal buildings and 

facilities, Occupational safety and 

health, Reporting and recordkeeping 

requirements. 

Issued in Washington, DC, on January 26, 

2015. 

Matthew B. Moury, 

Associate Under Secretary for Environment, 

Health, Safety and Security. 

For the reasons set forth in the 

preamble, DOE amends chapters II and 

III of title 10 of the Code of Federal 

Regulations as follows: 

PART 602—EPIDEMIOLOGY AND 

OTHER HEALTH STUDIES FINANCIAL 

ASSISTANCE PROGRAM 

■ 1. The authority citation for part 602 

continues to read as follows: 

Authority: 42 U.S.C. 2051; 42 U.S.C. 5817; 

42 U.S.C. 5901–5920; 42 U.S.C. 7254 and 

7256; 31 U.S.C. 6301–6308. 

§ 602.1 [Amended] 

■ 2. Section 602.1 is amended by 

removing ‘‘Office of Health, Safety and 

Security’’ and adding in its place 

‘‘Office of Environment, Health Safety 

and Security’’. 

§ 602.4 [Amended] 

■ 3. Section 602.4 is amended by 

removing ‘‘DOE Chief Health, Safety 

and Security Officer’’ and adding in its 

place ‘‘Associate Under Secretary for 

Environment, Health, Safety and 

Security’’. 

§ 602.5 [Amended] 

■ 4. Section 602.5(a) is amended by 

removing ‘‘Office of Health, Safety and 

Security’’ and adding in its place 

‘‘Office of Environment, Health, Safety 

and Security’’. 

§ 602.7 [Amended] 

■ 5. Section 602.7(c) is amended by 

removing ‘‘Office of Illness and Injury 

Prevention Programs, HS–13/

Germantown Building, U.S. Department 

of Energy, 1000 Independence Avenue 

SW., Washington, DC–20585–1290, 

301–903–4501’’ and adding in its place 

‘‘Office of Domestic and International 

Health Studies, AU–13, U.S. 

Department of Energy, 1000 

Independence Avenue SW., 

Washington, DC 20585, 301–903–2340’’. 

§ 602.9 [Amended] 

■ 6. Section 602.9 is amended: 

■ a. In paragraph (b), by removing 

‘‘Office of Health, Safety and Security’’ 

and adding in its place ‘‘Office of 

Environment, Health, Safety, and 

Security’’; and 

■ b. In paragraph (g) by removing 

‘‘Office of Health, Safety and Security’’ 

and adding in its place ‘‘Office of 

Environment, Health, Safety and 

Security’’, and by removing ‘‘Office of 

Health, Safety and Security’s’’ and 

adding in its place ‘‘Office of 

Environment, Health, Safety and 

Security’s’’. 

§ 602.10 [Amended] 

■ 7. Section 602.10 is amended in 

paragraphs (b) and (c) by removing 


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5008 Federal Register / Vol. 80, No. 20 / Friday, January 30, 2015 / Rules and Regulations 

‘‘Office of Illness and Injury Prevention 

Programs, HS–13/Germantown 

Building, U.S. Department of Energy, 

1000 Independence Avenue SW., 

Washington, DC 20585–1290’’ and 

adding in its place ‘‘Office of Domestic 

and International Health Studies, AU– 

13, U.S. Department of Energy, 1000 

Independence Avenue SW., 

Washington, DC 20585’’. 

§ 602.16 [Amended] 

■ 8. Section 602.16 is amended by 

removing ‘‘U.S. Department of Energy, 

Attn: Director of Classification, HS–90, 

P.O. Box A, Germantown, MD 20875’’ 

and adding in its place ‘‘U.S. 

Department of Energy, Attn: Director, 

Office of Classification, AU–60, P.O. 

Box A, Germantown, MD 20875’’; by 

removing ‘‘Office of Security Operations 

for Headquarters’’ and adding in its 

place ‘‘Office of Headquarters Security 

Operations’’. 

§ 602.17 [Amended] 

■ 9. Section 602.17(a)(1) is amended by 

removing ‘‘Office of Health, Safety and 

Security’’ and adding in its place 

‘‘Office of Environment, Health, Safety 

and Security’’. 

PART 707—WORKPLACE 

SUBSTANCE ABUSE PROGRAMS AT 

DOE SITES 

■ 10. The authority citation for part 707 

continues to read as follows: 

Authority: 41 U.S.C. 701 et seq.; 42 U.S.C. 

2012, 2013, 2051, 2061, 2165, 2201b, 2201i, 

and 2201p; 42 U.S.C. 5814 and 5815; 42 

U.S.C. 7151, 7251, 7254, and 7256; 42 U.S.C. 

2401 et seq. 

■ 11. Section 707.4 is amended by 

adding the definition of ‘‘Head of DOE 

Field Element’’ in alphabetical order to 

read as follows: 

§ 707.4 Definitions. 

* * * * * 

Head of DOE Field Element means an 

individual who is the manager or head 

of the DOE operations office or field 

office. 

* * * * * 

§ 707.5 [Amended] 

■ 12. Section 707.5 is amended: 

■ a. In paragraph (d) by removing 

‘‘DOE’’ and adding in its place ‘‘the 

Head of DOE Field Element’’; 

■ b. In paragraph (e): 

■ i. By removing ‘‘DOE’’ in the first 

sentence, and adding in its place ‘‘the 

Head of DOE Field Element’’; 

■ ii. By removing ‘‘DOE official’’ in the 

second sentence, and adding in its place 

‘‘Head of DOE Field Element’’; 

■ iii. By removing ‘‘DOE’’ in the third 

sentence, and adding in its place ‘‘The 

Head of DOE Field Element’’; and 

■ iv. By removing ‘‘DOE’’ in the fifth 

sentence, and adding in its place ‘‘Head 

of DOE Field Element’’. 

■ c. In paragraph (g): 

■ i. By removing ‘‘DOE’’ in the first 

sentence, and adding in its place ‘‘the 

appropriate Head of DOE Field 

Element’’; 

■ ii. By removing ‘‘DOE’’ in the second 

sentence, and adding in its place ‘‘the 

Head of DOE Field Element’’; and 

■ iii. By removing ‘‘DOE’’ in the third 

sentence, and adding in its place ‘‘The 

Head of DOE Field Element’’. 

■ d. In paragraph (h): 

■ i. By removing ‘‘DOE’’, two 

occurrences in the first sentence, and 

adding in their places ‘‘The Head of 

DOE Field Element’’; and 

■ ii. By removing ‘‘DOE’’ in the second 

sentence, and adding in its place ‘‘the 

Head of DOE Field Element’’; and 

■ iii. By removing ‘‘throughout DOE’’ at 

the end of the second sentence. 

■ 13. Section 707.7 is amended in 

paragraph (c): 

■ a. By revising the first sentence; and 

■ b. By removing ‘‘DOE’’ in the fifth 

sentence, and adding in its place ‘‘the 

Head of DOE Field Element’’. 

The revision read as follows: 

§ 707.7 Random drug testing requirements 

and identification of testing designated 

positions. 

* * * * * 

(c) Each contractor shall require 

random testing of any individual, 

whether or not an employee, who is 

allowed unescorted access to the control 

areas of the following DOE reactors: 

Advanced Test Reactor (ATR) and High 

Flux Isotope Reactor (HFIR).* * * 

* * * * * 

§ 707.10 [Amended] 

■ 14. Section 707.10 is amended in 

paragraph (a)(2)(vi), by removing ‘‘32.5– 

37.7 degrees centigrade or 90.5–99.8 

degrees Fahrenheit’’ and adding in its 

place ‘‘32–38 degrees centigrade or 90– 

100 degrees Fahrenheit’’. 

§ 707.12 [Amended] 

■ 15. Section 707.12(a) is amended by 

removing ‘‘under subpart C of the HHS 

Mandatory Guidelines’’. 

§ 707.13 [Amended] 

■ 16. Section 707.13 amended: 

■ a. In paragraph (a), by removing 

‘‘paragraphs 2.4 (e) and (f) of’’; 

■ b. In paragraph (b), by removing 

‘‘[DHSS Publication No. (ADM) 88– 

1526]’’. 

PART 835—OCCUPATIONAL 

RADIATION PROTECTION 

■ 17. The authority citation for part 835 

continues to read as follows: 

Authority: 42 U.S.C. 2201, 7191, 50 U.S.C. 

2410. 

§ 835.1 [Amended] 

■ 18. Section 835.1(b)(6) is amended by 

removing ‘‘Chief Health, Safety and 

Security Officer’’ and adding in its place 

‘‘Associate Under Secretary for 

Environment, Health, Safety and 

Security’’. 

PART 850—CHRONIC BERYLLIUM 

DISEASE PREVENTION PROGRAM 

■ 19. The authority citation for part 850 

continues to read as follows: 

Authority: 42 U.S.C. 2201(i)(3), (p); 42 

U.S.C. 2282c; 29 U.S.C. 668; 42 U.S.C. 7101 

et seq.; 50 U.S.C. 2401 et seq., E.O. 12196, 3 

CFR 1981 comp., at 145 as amended. 

§ 850.10 [Amended] 

■ 20. Section 850.10(b)(2) is amended 

by removing ‘‘Chief Health, Safety and 

Security Officer’’ and adding in its place 

‘‘Associate Under Secretary for 

Environment, Health, Safety and 

Security’’. 

§ 850.39 [Amended] 

■ 21. Section 850.39 is amended in 

paragraph (a) by removing ‘‘Chief 

Health, Safety and Security Officer’’ and 

adding in its place ‘‘Associate Under 

Secretary for Environment, Health, 

Safety and Security’’, and in paragraph 

(h), by removing ‘‘Office of Illness and 

Injury Prevention Programs, Office of 

Health, Safety and Security’’ and adding 

in its place ‘‘Office of Domestic and 

International Health Studies, Office of 

Environment, Health, Safety and 

Security’’. 

PART 851—WORKER SAFETY AND 

HEALTH PROGRAM 

■ 22. The authority citation for part 851 

continues to read as follows: 

Authority: 42 U.S.C. 2201(i)(3), (p); 42 

U.S.C. 2282c; 42 U.S.C. 5801 et seq.; 42 

U.S.C. 7101 et seq.; 50 U.S.C. 2401 et seq. 

§ 851.3 [Amended] 

■ 23. The definition of ‘‘Under 

Secretary’’ is amended by removing 

‘‘Under Secretary for Energy and 

Environment, or the Under Secretary for 

Science’’ and adding in its place ‘‘Under 

Secretary for Science and Energy, or 

Under Secretary for Management and 

Performance’’. 


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Federal Register / Vol. 80, No. 20 / Friday, January 30, 2015 / Rules and Regulations 5009 

1 Dodd-Frank Wall Street Reform and Consumer 

Protection Act, Public Law 111–203, 124 Stat. 1376 

(2010). 

§ 851.8 [Amended] 

■ 24. Section 851.8 is amended in 

paragraph (b) by removing ‘‘Office of 

Health, Safety and Security’’ and adding 

in its place ‘‘Office of Environment, 

Health, Safety and Security’’, and in 

paragraph (c), by removing ‘‘Office of 

Health, Safety and Security, Office of 

Enforcement, HS–40’’, and adding in its 

place ‘‘Office of Enterprise Assessments, 

Office of Enforcement’’. 

§ 851.10 [Amended] 

■ 25. Section 851.10(a)(2)(ii) is amended 

by removing ‘‘With’’. 

§ 851.11 [Amended] 

■ 26. Section 851.11(b)(2) is amended 

by removing ‘‘Chief Health, Safety and 

Security Officer’’ and adding in its place 

‘‘Associate Under Secretary for 

Environment, Health, Safety and 

Security’’. 

§ 851.27 [Amended] 

■ 27. Section 851.27(a)(2)(ii) is amended 

by removing ‘‘Office of Health, Safety 

and Security’’ and adding in its place 

‘‘Office of Environment, Health, Safety 

and Security’’. 

§ 851.30 [Amended] 

■ 28. Section 851.30(a) is amended by 

removing ‘‘Chief Health, Safety and 

Security Officer’’ and adding in its place 

‘‘Associate Under Secretary for 

Environment, Health, Safety and 

Security’’. 

§ 851.31 [Amended] 

■ 29. Section 851.31 is amended: 

■ a. In paragraphs (a)(1), (a)(2), and 

(a)(3), by removing ‘‘Chief Health, Safety 

and Security Officer’’ and adding in its 

place ‘‘Associate Under Secretary for 

Environment, Health, Safety and 

Security’’; 

■ b. In paragraph (b) introductory text: 

■ i. By removing ‘‘Chief Health, Safety 

and Security Officer’’ and adding in its 

place ‘‘the Associate Under Secretary for 

Environment, Health, Safety and 

Security’’; and 

■ ii. By removing the Chief, Health, 

Safety and Security Officer and adding 

in its place ‘‘the Associate Under 

Secretary’’, and 

■ c. In paragraph (c)(5) by removing 

‘‘Chief Health, Safety and Security 

Officer’’ and adding in its place 

‘‘Associate Under Secretary for 

Environment, Health, Safety and 

Security’’. 

§ 851.32 [Amended] 

■ 30. Section 851.32 is amended: 

■ a. In paragraph (a)(1), by removing 

‘‘Chief Health, Safety and Security 

Officer recommends approval of a 

variance application, the Chief Health, 

Safety and Security Officer’’, and adding 

in its place ‘‘Associate Under Secretary 

for Environment, Health, Safety and 

Security recommends approval of a 

variance application, the Associate 

Under Secretary’’. 

■ b. In paragraph (a)(2), by removing 

‘‘Chief Health, Safety and Security 

Officer’’ and adding in its place 

‘‘Associate Under Secretary for 

Environment, Health, Safety and 

Security’’. 

■ c. In paragraph (a)(4), by removing 

‘‘Chief Health, Safety and Security 

Officer’’ and adding in its place 

‘‘Associate Under Secretary for 

Environment, Health, Safety and 

Security’’. 

■ d. In paragraph (c)(1), by removing 

‘‘Chief Health, Safety and Security 

Officer recommends denial of a variance 

application, the Chief Health, Safety and 

Security Officer’’ and adding in its place 

‘‘Associate Under Secretary for 

Environment, Health, Safety and 

Security recommends denial of a 

variance application, the Associate 

Under Secretary’’. 

■ e. In paragraphs (c)(2)(i) and (ii), by 

removing ‘‘Chief Health, Safety and 

Security Officer’’ and adding in its place 

‘‘Associate Under Secretary for 

Environment, Health, Safety and 

Security’’. 

§ 851.34 [Amended] 

■ 31. In § 851.34, paragraphs (a) and (c) 

are amended by removing ‘‘Chief 

Health, Safety and Security Officer’’ and 

adding in its place ‘‘Associate Under 

Secretary for Environment, Health, 

Safety and Security’’. 

[FR Doc. 2015–01778 Filed 1–29–15; 8:45 am] 

BILLING CODE 6450–01–P 

FEDERAL DEPOSIT INSURANCE 

CORPORATION 

12 CFR Parts 308 and 390 

RIN 3064–AE08 

Removal of Transferred OTS 

Regulations Regarding Rules of 

Practice and Procedure and 

Amendments to FDIC Rules and 

Regulations 

AGENCY: Federal Deposit Insurance 

Corporation. 

ACTION: Final rule. 

SUMMARY: The Federal Deposit 

Insurance Corporation (FDIC) is 

adopting a final rule to rescind and 

remove from the Code of Federal 

Regulations rules transferred to the 

FDIC following the dissolution of the 

former Office of Thrift Supervision 

(OTS) in connection with the 

implementation of applicable provisions 

of Title III of the Dodd-Frank Wall Street 

Reform and Consumer Protection Act 

(Dodd-Frank Act). The rule also makes 

conforming amendments to FDIC 

regulations. 

DATES: The Final Rule is effective on 

March 2, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Scott Patterson, Senior Review 

Examiner, Division of Risk Management 

Supervision, (202) 898–6953, Andrea 

Winkler, Supervisory Counsel, Legal 

Division, (202) 898–3727; Heather 

Walters, Counsel, Legal Division, (202) 

898–6729. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Beginning July 21, 2011, the transfer 

date established by section 311 of the 

Dodd-Frank Act, 12 U.S.C. 5411, the 

powers, duties and functions of the 

former OTS were divided among the 

FDIC as to State savings associations, 

the Office of the Comptroller of the 

Currency (OCC) as to Federal savings 

associations, and the Board of 

Governors of the Federal Reserve 

System as to savings and loan holding 

companies.1 Section 316(b) of the DoddFrank Act, 12 U.S.C. 5414(b), provides 

the manner of treatment for all orders, 

resolutions, determinations, regulations, 

and advisory materials that had been 

issued, made, prescribed, or allowed to 

become effective by the OTS. The 

section provides that if such regulatory 

issuances were in effect on the day 

before the transfer date, they continue in 

effect and are enforceable by or against 

the appropriate successor agency until 

they are modified, terminated, set aside, 

or superseded in accordance with 

applicable law by such successor 

agency, by any court of competent 

jurisdiction, or by operation of law. 

The Dodd-Frank Act directed the 

FDIC and OCC to consult with one 

another and to publish a list of 

continued OTS regulations to be 

enforced by each respective agency that 

would continue to remain in effect until 

the appropriate successor agency 

modified or removed the regulations in 

accordance with the applicable laws. 

The list was published by the FDIC and 

OCC as a Joint Notice in the Federal 

Register on July 6, 2011, and shortly 

thereafter, the FDIC published its 


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