[Federal Register Volume 80, Number 20 (Friday, January 30, 2015)]
[Rules and Regulations]
[Pages 5005-5009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-01778]
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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.
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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 [email protected].
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
Congressionally-mandated 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
[[Page 5006]]
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-general-counsel.
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.
[[Page 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
0
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.
Sec. 602.1 [Amended]
0
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''.
Sec. 602.4 [Amended]
0
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''.
Sec. 602.5 [Amended]
0
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''.
Sec. 602.7 [Amended]
0
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''.
Sec. 602.9 [Amended]
0
6. Section 602.9 is amended:
0
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
0
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''.
Sec. 602.10 [Amended]
0
7. Section 602.10 is amended in paragraphs (b) and (c) by removing
[[Page 5008]]
``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''.
Sec. 602.16 [Amended]
0
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''.
Sec. 602.17 [Amended]
0
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
0
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.
0
11. Section 707.4 is amended by adding the definition of ``Head of DOE
Field Element'' in alphabetical order to read as follows:
Sec. 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.
* * * * *
Sec. 707.5 [Amended]
0
12. Section 707.5 is amended:
0
a. In paragraph (d) by removing ``DOE'' and adding in its place ``the
Head of DOE Field Element'';
0
b. In paragraph (e):
0
i. By removing ``DOE'' in the first sentence, and adding in its place
``the Head of DOE Field Element'';
0
ii. By removing ``DOE official'' in the second sentence, and adding in
its place ``Head of DOE Field Element'';
0
iii. By removing ``DOE'' in the third sentence, and adding in its place
``The Head of DOE Field Element''; and
0
iv. By removing ``DOE'' in the fifth sentence, and adding in its place
``Head of DOE Field Element''.
0
c. In paragraph (g):
0
i. By removing ``DOE'' in the first sentence, and adding in its place
``the appropriate Head of DOE Field Element'';
0
ii. By removing ``DOE'' in the second sentence, and adding in its place
``the Head of DOE Field Element''; and
0
iii. By removing ``DOE'' in the third sentence, and adding in its place
``The Head of DOE Field Element''.
0
d. In paragraph (h):
0
i. By removing ``DOE'', two occurrences in the first sentence, and
adding in their places ``The Head of DOE Field Element''; and
0
ii. By removing ``DOE'' in the second sentence, and adding in its place
``the Head of DOE Field Element''; and
0
iii. By removing ``throughout DOE'' at the end of the second sentence.
0
13. Section 707.7 is amended in paragraph (c):
0
a. By revising the first sentence; and
0
b. By removing ``DOE'' in the fifth sentence, and adding in its place
``the Head of DOE Field Element''.
The revision read as follows:
Sec. 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).* * *
* * * * *
Sec. 707.10 [Amended]
0
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''.
Sec. 707.12 [Amended]
0
15. Section 707.12(a) is amended by removing ``under subpart C of the
HHS Mandatory Guidelines''.
Sec. 707.13 [Amended]
0
16. Section 707.13 amended:
0
a. In paragraph (a), by removing ``paragraphs 2.4 (e) and (f) of'';
0
b. In paragraph (b), by removing ``[DHSS Publication No. (ADM) 88-
1526]''.
PART 835--OCCUPATIONAL RADIATION PROTECTION
0
17. The authority citation for part 835 continues to read as follows:
Authority: 42 U.S.C. 2201, 7191, 50 U.S.C. 2410.
Sec. 835.1 [Amended]
0
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
0
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.
Sec. 850.10 [Amended]
0
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''.
Sec. 850.39 [Amended]
0
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
0
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.
Sec. 851.3 [Amended]
0
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''.
[[Page 5009]]
Sec. 851.8 [Amended]
0
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''.
Sec. 851.10 [Amended]
0
25. Section 851.10(a)(2)(ii) is amended by removing ``With''.
Sec. 851.11 [Amended]
0
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''.
Sec. 851.27 [Amended]
0
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''.
Sec. 851.30 [Amended]
0
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''.
Sec. 851.31 [Amended]
0
29. Section 851.31 is amended:
0
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'';
0
b. In paragraph (b) introductory text:
0
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
0
ii. By removing the Chief, Health, Safety and Security Officer and
adding in its place ``the Associate Under Secretary'', and
0
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''.
Sec. 851.32 [Amended]
0
30. Section 851.32 is amended:
0
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''.
0
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''.
0
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''.
0
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''.
0
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''.
Sec. 851.34 [Amended]
0
31. In Sec. 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]
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