35114 Federal Register / Vol. 61, No. 130 / Friday, July 5, 1996 / Rules and Regulations

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:

§ 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 § 1003.1 is

revised to read as follows:

§ 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 § 1003.20(a) is

revised to read as follows:

§ 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

10 CFR Parts 205 and 463

Administrative Procedures and

Sanctions; 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;

Removal of Unnecessary or Obsolete

Regulations

AGENCY: Department of Energy.

ACTION: Final rule.

SUMMARY: The Department of Energy is

amending the Code of Federal

Regulations (CFR) 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: Mr.

Romulo L. Diaz, Jr., Director,

Rulemaking Support, Office of the

General Counsel, (GC–75), U.S.

Department of Energy, 1000

Independence Avenue, SW.,

Washington, DC 20585, (202) 586–2902.

SUPPLEMENTARY INFORMATION: In

connection with the President’s

Regulatory Reinvention Initiative, the

Department of Energy (Department or

DOE) is engaged in a continuing and

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,

those regulations that are no longer

necessary to the agency’s mission, as

well as regulations governing unfunded

and nonfunctioning programs. DOE

removed 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 L

Rulemaking

10 CFR Part 205—Subpart P

Investigations, Violations, Sanctions,

and Judicial Actions

Part 205 establishes the procedures to

be utilized and identifies the sanctions

that are available in proceedings before

the Department of Energy, in accordance

with parts 209 through 214 concerning

the pricing and allocation of crude oil.

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.

Subpart L establishes the procedures

that govern a rulemaking proceeding.

Subpart P establishes procedures

relating to investigations, violations,

sanctions, and judicial actions. The

Department has determined that subpart

L and subpart P of part 205, which set

forth procedures and sanctions that

apply to crude oil regulation, are no

longer necessary.

10 CFR Part 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

Part 463 was promulgated to

implement sections 116 and 309 of the

Public Utility Regulatory Policies Act of

1978 (‘‘Act’’), 16 U.S.C. 2626 and 15

U.S.C. 3209. Sections 116 and 309

required each State regulatory authority

and nonregulated gas utility to submit

annually a report to the Secretary of

Energy on actions taken with respect to

standards in the Act. The Act required

these reports for a 10-year period, which

expired at the end of 1989 (see 10 CFR

§ 463.3(a)). Because the authority for the

reporting requirement has expired, this

part is now obsolete.

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
Federal Register / Vol. 61, No. 130 / Friday, July 5, 1996 / Rules and Regulations 35115

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.

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 rules

prior to their effective dates. 5 U.S.C.

801. The Department is reporting

today’s rulemaking to Congress in

accordance with 5 U.S.C. 801(a)(1)(A).

The Office of Management and Budget

has determined that this is not a major

rule as defined in 5 U.S.C. 804(2)

List of Subjects

10 CFR Part 205

Administrative practice and

procedure, Petroleum allocation,

Petroleum price regulations.

10 CFR Part 463

Public utilities.

Issued in Washington, DC on June 28,

1996.

Robert R. Nordhaus,

General Counsel.

For the reasons set forth in the

preamble, title 10 of the Code of Federal

Regulations is amended as set forth

below:

PART 205–ADMINISTRATIVE

PROCEDURES AND SANCTIONS

1. The authority citation for part 205

continues 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.

Subpart L and P—[Removed]

2. Subparts L (§§ 205.160–205.162)

and P (§§ 205.200–205.204) of part 205

are removed.

PART 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 [REMOVED]

3. Part 463 of 10 CFR is removed.

[FR Doc. 96–17116 Filed 7–3–96; 8:45 am]

BILLING CODE 6450–01–P

FEDERAL DEPOSIT INSURANCE

CORPORATION

12 CFR Part 367

RIN 3064–AB76

Suspension and Exclusion of

Contractors and Termination of

Contracts

AGENCY: Federal Deposit Insurance

Corporation.

ACTION: Interim final rule; request for

comments.

SUMMARY: The Board of Directors of the

Federal Deposit Insurance Corporation

(FDIC or Corporation) is adopting an

interim final rule concerning

suspension and exclusion of FDIC

contractors and termination of contracts.

The interim final rule is adopted

pursuant to section 12(f) (4) and (5) of

the Federal Deposit Insurance Act (FDI

Act), and the rule-making authority of

the FDIC found at section 9 of the Act.

Additional provisions implementing

these statutory directives appear in the

FDIC’s regulation, as published in the

Federal Register on June 6, 1996,

governing contractor conflicts of interest

and the requirements that FDIC

contractors meet minimum standards of

competence, experience, fitness and

integrity. This interim final rule is a

companion to the conflict of interest

regulation in that it sets forth

procedures for the suspension and/or

exclusion of contractors that have

violated the conflicts of interest

regulations (and hence, fail to meet

minimum standards of fitness and

integrity), or have otherwise acted in a

manner warranting such action. In

addition to FDIC contractors, this

interim final rule also applies to

subcontractors, key employees,

management officials and affiliated

business entities of FDIC contractors (all

such terms are defined herein), and is

designed to inform such contractors

regarding their rights to notice and an

opportunity to be heard on FDIC

suspension and exclusion actions.

DATES: Effective date. This interim final

rule is effective July 5, 1996.

Comment period date. Comments

must be received on or before

September 3, 1996.

ADDRESSES: Send written comments to

Jerry L. Langley, Executive Secretary,

FDIC, 550 17th Street, NW.,

Washington, DC 20429. Comments may

be hand-delivered to room 400, 1776 F

Street, NW., Washington, DC 20429 on

business days between 8:30 a.m. and

5:00 p.m. (FAX number: (202) 898–

3604; Internet: comments@FDIC.gov).

Comments will be available for

inspection and photocopying in the

FDIC Public Information Center, room

100, 801 17th Street, NW., Washington,

DC 20429, between 9:00 a.m. and 5:00

p.m. on business days.

FOR FURTHER INFORMATION CONTACT:

Peter A. Ziebert, Counsel, Legal

Division, (202) 736–0742; or Richard M.

Handy, Assistant Executive Secretary

(Ethics), Office of the Executive

Secretary, (202) 898–7271.

SUPPLEMENTARY INFORMATION:

I. Background

This interim final rule sets forth

standards and procedures governing

suspension and exclusion of FDIC

contractors, which includes

subcontractors, management officials,

key employees and affiliated business

entities of such contractors, for

violations of 12 CFR part 366, the

FDIC’s contractor conflict of interest

regulation (61 FR 28725, June 6, 1996).

This interim final rule also provides for

the termination of awarded contracts of

FDIC contractors. For the most part, this

rule is modeled after the suspension and

exclusion regulation used by the

Resolution Trust Corporation (RTC)

until RTC sunset on December 31, 1995,

which had been codified at 12 CFR part

1618. This rule also bears similarity to

the suspension and debarment

procedures utilized by other federal

entities, which have been developed

after extensive public comment and