[Federal Register Volume 61, Number 130 (Friday, July 5, 1996)]
[Rules and Regulations]
[Pages 35112-35114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17066]


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DEPARTMENT OF ENERGY

10 CFR Parts 205 and 1003


Administrative Procedures and Sanctions; Office of Hearings and 
Appeals Procedural Regulations; Removal of Unnecessary Regulations

AGENCY: Department of Energy.

ACTION: Final rule.

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SUMMARY: The Department of Energy is amending the Code of Federal 
Regulations (CFR) to apply existing procedural rules to certain 
petroleum proceedings and to remove unnecessary regulations. This 
action is being taken in response to the President's Regulatory Reform 
Initiative to eliminate unnecessary regulations and streamline existing 
rules.

EFFECTIVE DATE: August 5, 1996.

FOR FURTHER INFORMATION CONTACT: Thomas O. Mann, Deputy Director, 
Office of Hearings and Appeals, (HG-20), U.S. Department of Energy, 
1000 Independence Avenue, SW., Washington, DC 20585-0107, (202) 426-
1492.

SUPPLEMENTARY INFORMATION: In connection with the President's 
Regulatory Reinvention Initiative, the Department of Energy (Department 
or DOE) is engaged in a continuing and

[[Page 35113]]

comprehensive review of its regulatory program. As part of that review, 
the Department is removing from Title 10 of the CFR those regulations 
for which statutory authority has expired or been superseded by 
subsequent legislation, and those regulations that are no longer 
necessary to the agency's mission, as well as regulations governing 
unfunded and nonfunctioning programs. The DOE has already published 
final rules removing obsolete regulations on September 22, 1995 (60 FR 
49195) and December 5, 1995 (60 FR 62316).
    The Department has identified the following regulations for 
removal:

10 CFR Part 205--Subpart D Exception

10 CFR Part 205--Subpart E Exemption

10 CFR Part 205--Subpart H Appeal

10 CFR Part 205--Subpart I Stay and Temporary Exception

10 CFR Part 205--Subpart J Modification or Rescission

10 CFR Part 205--Subpart R Office of Private Grievances and Redress

    Part 205 establishes the procedures to be utilized and identifies 
the sanctions that are available in proceedings before the Department 
of Energy concerning the pricing and allocation of crude oil under 
parts 209 and 214. Parts 209 through 214 implement the provisions of 
the Emergency Petroleum Allocation Act of 1973 (Pub L. 93-159, as 
amended) which expired in 1981. The Department has determined that 
subpart D, subpart E, subpart H, subpart I, subpart J, and subpart R of 
part 205, which set forth procedures that apply to crude oil 
regulation, are no longer necessary. Part 205 also provides certain 
procedural protections required by section 504 of the Department of 
Energy Organization Act for persons affected by oil-related regulations 
issued under authority of the Federal Energy Administration Act, the 
Emergency Petroleum Allocation Act of 1973, the Energy Supply and 
Environmental Coordination Act of 1974, or the Energy Policy and 
Conservation Act, 42 U.S.C. 7194. As described below, for the few oil-
related cases currently under appeal in the courts or the Federal 
Energy Regulatory Commission, the procedural protections of 10 CFR part 
1003, which are substantially the same as in part 205, will be 
available in the event of a remand to the Department.
    The Department is aware of the possibility that, in certain 
instances, proceedings initiated under 10 CFR parts 209 through 214, 
and as yet not concluded, may be remanded to the Office of Hearings and 
Appeals for further proceedings. The Department has, in place, 
regulations that govern the procedures for exceptions, appeals, stays, 
modifications, recessions, redress and resolution of private grievances 
that apply agency-wide, 10 CFR part 1003. To protect the rights of any 
party to a proceeding remanded to the Office of Hearings and Appeals, 
today's regulation amends part 205 to provide that a person's right to 
exceptions, exemptions, appeals, stays, modifications, recessions, 
redress or resolution of private grievances under the statutes set 
forth in section 504 of the Department of Energy Organization Act shall 
be governed by the procedural rules in 10 CFR part 1003. The Department 
is revising 10 CFR 1003.1 to permit the application of the Office of 
Hearings and Appeals procedural regulations to matters which relate to 
the federal oil regulations that are no longer covered by part 205. 
Finally, the Department is revising 10 CFR 1003.20 to apply to 
exemptions and adjustments as provided for in 42 U.S.C. 7194.

Rulemaking Analyses

Regulatory Planning and Review

    The elimination of unnecessary regulations does not constitute a 
``significant regulatory action'' as defined in section 3(f) of 
Executive Order 12866 (58 FR 51735); therefore, this rulemaking has not 
been reviewed by the Office of Information and Regulatory Affairs of 
the Office of Management and Budget.

Federalism

    The Department has analyzed this rulemaking in accordance with the 
principles and criteria contained in Executive Order 12612, and has 
determined that there are no federalism implications that would warrant 
the preparation of a Federalism Assessment.

National Environmental Policy Act

    This rule amends Title 10 of the Code of Federal Regulations by 
removing regulations that are unnecessary. This rulemaking will not 
change the environmental effect of the regulations being amended 
because the regulations have no current environmental effect. The 
Department has therefore determined that this rule is covered under the 
Categorical Exclusion found at paragraph A.5 of Appendix A to Subpart 
D, 10 CFR Part 1021, which applies to a rulemaking amending an existing 
regulation that does not change the environmental effect of the 
regulation being amended.

Paperwork Reduction Act

    This rulemaking contains no reporting requirement that is subject 
to OMB approval under 5 CFR Part 1320, pursuant to the Paperwork 
Reduction Act of 1980 (44 U.S.C. 3501 et seq.).

Final Rulemaking

    As the foregoing discussion indicates, the Code of Federal 
Regulation subparts being removed are no longer necessary. The 
procedural protections afforded by these subparts are available under 
10 CFR part 1003. Accordingly, the Department has determined, pursuant 
to 5 U.S.C. 553, that there is good cause to conclude that prior notice 
and opportunity for public comment is unnecessary and contrary to the 
public interest.

Regulatory Flexibility Act

    The Regulatory Flexibility Act, 5 U.S.C. 601 et seq., directs 
agencies to prepare a regulatory flexibility analysis whenever an 
agency is required to publish a general notice of proposed rulemaking 
for a rule. As discussed above, the Department has determined, that 
prior notice and opportunity for public comment is unnecessary and 
contrary to the public interest. In accordance with 5 U.S.C. 604(a), no 
regulatory flexibility analysis has been prepared for today's rule.

Congressional Notification

    The Small Business Regulatory Enforcement Fairness Act of 1996 
requires agencies to report to Congress on the promulgation of certain 
final rules prior to their effective dates. 5 U.S.C. 801. That 
reporting requirement does not apply to the final rule in this notice 
because it falls within a statutory exception for procedural rules that 
do not substantially affect the substantive rights or obligations of 
non-agency persons. 5 U.S.C. 804(3)(C).

List of Subjects

10 CFR Part 205

    Administrative practice and procedure, Petroleum allocation, 
Petroleum price regulations.

10 CFR Part 1003

    Administrative practice and procedure.

    Issued in Washington, DC, on June 28, 1996.
George B. Breznay,
Director, Office of Hearings and Appeals.

    For the reasons set forth in the preamble, title 10 of the Code of 
Federal Regulations is amended as set forth below:

[[Page 35114]]

PART 205--ADMINISTRATIVE PROCEDURES AND SANCTIONS

    1. The authority citation for part 205 is revised to read as 
follows:

    Authority: Emergency Petroleum Allocation Act of 1973, Pub. L. 
93-159; Federal Energy Administration Act of 1974, Pub. L. 93-275 
(88 Stat. 96; E.O. 11790, 39 FR 23185); 42 U.S.C. 7101 et seq., 
unless otherwise noted.

    2. Section 205.1 is revised to read as follows:


Sec. 205.1  Purpose and scope.

    This part establishes the procedures to be utilized and identifies 
the sanctions that are available in proceedings before the Department 
of Energy and State Offices, in accordance with parts 209 through 214 
of this chapter. Any exception, exemption, appeal, stay, modification, 
recession, redress or resolution of private grievance sought under the 
authority of 42 U.S.C. 7194 shall be governed by the procedural rules 
set forth in 10 CFR part 1003.
    Subparts D, E, H, I, J and R [Removed]
    3. Subparts D, E, H, I, J, and R of Part 205 are removed and 
reserved.

PART 1003--OFFICE OF HEARINGS AND APPEALS PROCEDURAL REGULATIONS

    4. The authority citation for Section 1003 continues to read as 
follows:

    Authority: 15 U.S.C. 761 et seq.; 42 U.S.C. 7101 et seq.

    5. The last sentence of Sec. 1003.1 is revised to read as follows:


Sec. 1003.1  Purpose and scope.

    * * * These rules also do not apply to matters before the DOE Board 
of Contract Appeals or other procurement and financial assistance 
appeals boards, which are covered by their own rules.
    6. The first sentence of Sec. 1003.20(a) is revised to read as 
follows:


Sec. 1003.20  Purpose and scope.

    (a) This subpart establishes the procedures for applying for an 
exception or exemption, as provided for in section 504 (42 U.S.C. 7194) 
of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
from a rule, regulation or DOE action having the effect of a rule as 
defined by 5 U.S.C. 551(4), based on an assertion of serious hardship, 
gross inequity or unfair distribution of burdens, and for consideration 
of such application by the OHA. * * *
* * * * *
[FR Doc. 96-17066 Filed 7-3-96; 8:45 am]
BILLING CODE 6450-01-P