[6450-01-P]
U.S. Department of Energy
Office of Hearings and Appeals
10 CFR Part 1003
RIN 1901-AA55
Amendments to Office Of Hearings and Appeals Procedural Regulations
AGENCY: Office of Hearings and Appeals, DOE.
ACTION: Final rule.
SUMMARY: The Department of Energy (DOE) adopts several minor technical amendments to its procedural regulations governing most proceedings before the Office of Hearings and Appeals (OHA), a quasi-judicial branch of the DOE, pertaining to matters within the jurisdiction of that Office. These amendments adjust OHA’s procedural regulations to reflect the physical relocation of its public reference room and a change of the public reference room’s business hours. In addition, these regulatory amendments implement OHA’s new policy of publishing certain information on its Internet World Wide Web site rather than publishing that information in the Federal Register.
DATES: This rule is effective [Insert date 30 days after date of publication in the Federal Register]. [Note: These amendments have not yet been published in the Federal Register.]
FOR FURTHER INFORMATION CONTACT:
Steven L. Fine, Attorney-Examiner, or
Robert B. Palmer, Attorney-Examiner
Office of Hearings and Appeals
U.S. Department of Energy
1000 Independence Avenue, SW
Washington, DC 20585-0107
Telephone: (202) 426-1449
Internet: steven.fine@hq.doe.gov
robert.palmer@hq.doe.gov
SUPPLEMENTARY INFORMATION:
I. Discussion
These regulatory amendments result from OHA’s continuing reinvention efforts. In order to serve the public more efficiently, the OHA has consolidated all of its operations in one work space. Previously, OHA’s operations were conducted at three locations in two separate buildings. This consolidation has required the relocation of OHA’s Public Reference Room from the Forrestal Building, 1000 Independence Ave., S.W., Washington, D.C., to 950 L’Enfant Plaza, Washington, D.C. In addition, OHA has determined that significant cost savings could be achieved by discontinuing OHA’s current practice of publishing certain information in the Federal Register. Instead, OHA will publish this information on its Internet web site at www.oha.doe.gov. By placing this information on the Internet, OHA will be making it more accessible to the majority of Americans, while conserving economic and natural resources. These rules are merely technical in nature and do not effect any substantive changes in the existing regulations.
II. Procedural Requirements
A. Executive Order 12866
Today's regulatory action has been determined not to be a "significant regulatory action" under Executive Order 12866, "Regulatory Planning and Review" (58 FR 51735, October 4, 1993). Accordingly, today's action was not subject to review under the Executive Order by the Office of Information and Regulatory Affairs.
B. Executive Order 12612
Executive Order 12612 requires that regulations or rules be reviewed for direct effects on States, on the relationship between the national government and the States, or in the distribution of power among various levels of government. If there are sufficient substantial direct effects, then Executive Order 12612 requires preparation of a federalism assessment to be used in all decisions involved in promulgating or implementing a regulation or rule. Today's regulations do not affect any traditional State function. There are therefore no substantial direct effects requiring evaluation or assessment under Executive Order 12612.
C. Regulatory Flexibility Analysis
With regard to regulations for which a general notice of proposed rulemaking is required by law, the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires preparation of a regulatory flexibility analysis unless the issuing agency certifies that the regulations will not have a significant economic impact on a substantial number of small entities. This action only effects minor technical changes in existing procedural regulations, and under the Administrative Procedure Act, such regulations are excepted from the requirement for publication of a general notice of proposed rulemaking. 5 U.S.C. § 553(b)(A). Accordingly, this action is not subject to a requirement that a regulatory flexibility analysis be prepared.
D. National Environmental Policy Act
The rules issued today are strictly technical and procedural in nature. Preparation of an environmental assessment or environmental impact statement under the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 et seq.) is not required for such rules under Appendix A to subpart D of 10 CFR part 1021. More specifically, DOE has determined that this rule is covered under the Categorical Exclusion found in paragraph A.6 of Appendix A to subpart D of part 1021, which applies to the establishment of procedural rulemakings. Accordingly, neither an environmental assessment nor an environmental impact statement is required.
E. Paperwork Reduction Act
There will be no additional paperwork burden imposed by the rules issued today. Therefore, the goals of the Paperwork Reduction Act are not diminished by the rules.
F. Small Business Regulatory Enforcement Fairness Act
This action is not subject to the Congressional notification requirements of 5 U.S.C. § 801 because it involves purely procedural rules which are excepted from the definition of “rule” in 5 U.S.C. § 804.
G. 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 Executive 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, the proposed rule meets the relevant standards of Executive Order 12988.
List of Subjects in 10 CFR part 1003
Administrative practice and procedure, appeal procedures, hearing and appeal procedures, practice and procedure.
Issued in Washington, DC, on October 22, 1998.
George B. Breznay
Director
Office of Hearings and Appeals
For the reasons set forth in the preamble, part 1003 of title 10 of the Code of Federal Regulations is amended to read as follows:
PART 1003--OFFICE OF HEARINGS AND APPEALS PROCEDURAL REGULATIONS
- AUTHORITY: 15 U.S.C. 761 et seq.; 42 U.S.C. 7101 et seq.
- Sec. 1003.4 [AMENDED]
Section 1003.4 is amended by revising paragraph (c) to read as follows:
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(c) Hand-delivered documents to be filed with the OHA shall be submitted to 950 L'Enfant Plaza, S.W., Washington, D.C., during normal business hours.
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3. Sec. 1003.11 [AMENDED]
Section 1003.11 is amended by adding immediately after “20585" the phrase “-0107" and by revising the Fax phone number to read “(202) 426-1415.”
4. Sec. 1003.13 [AMENDED]
Section 1003.13 is amended by revising the introductory paragraph to read as follows:
A public reference room shall be maintained at the OHA, 950 L'Enfant Plaza, S.W., Washington, D.C. In this room, the following information shall be made available for public inspection and copying, during normal business hours:
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5. Sec. 1003.14 [AMENDED]
Section 1003.14 is amended by removing the phrase “in the Federal Register” and adding in its place the words “on its Internet World Wide Web site,” and by adding after the last sentence the words “The OHA’s web site is located at http://www.oha.doe.gov.”