[Federal Register Volume 80, Number 183 (Tuesday, September 22, 2015)]
[Rules and Regulations]
[Pages 57080-57083]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24083]
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DEPARTMENT OF ENERGY
10 CFR Part 1046
RIN 1992-AA40
Medical, Physical Readiness, Training, and Access Authorization
Standards for Protective Force Personnel
AGENCY: Office of Environment, Health, Safety and Security, Department
of Energy.
ACTION: Final rule.
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SUMMARY: On September 10, 2013, the Department of Energy (DOE or
Department) issued in the Federal Register a revision to its
regulations governing the standards for medical, physical performance,
training, and access authorizations for protective force (PF) personnel
employed by contractors providing security services to the Department.
Subsequently, the DOE created a new Office of Environment, Health,
Safety and Security (AU) to improve the effectiveness and efficiency of
its environmental, health, safety and security policy. Certain
functions that previously were carried out by the Office of Health,
Safety and Security have been transferred to the new office. 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. Today's regulatory amendments do not
alter substantive rights or obligations under current law.
DATES: The effective date of this rule is September 22, 2015.
FOR FURTHER INFORMATION CONTACT:
Mr. Richard Faiver, Office of Security Policy at (301) 903-4613;
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
II. Section by Section Analysis
III. Regulatory Review and Procedural Requirements
A. Review Under the Administrative Procedure Act
B. Review Under Executive Order 12866
C. Review Under the Regulatory Flexibility Act
D. Review Under Paperwork Reduction Act
E. Review Under the National Environmental Policy Act
F. Review Under Executive Order 13132
G. Review Under Executive Order 12988
H. Review Under the Unfunded Mandates Reform Act of 1995
I. Review Under Executive Order 13211
J. Review Under the Treasury and General Government
Appropriations Act of 1999
K. Congressional Notification
L. Approval by the Office of the Secretary of Energy
I. Background
Pursuant to the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.)
and the DOE Organization Act of 1977 (42 U.S.C. 7101 et seq.), DOE owns
and leases defense nuclear and other facilities in various locations in
the United States. These facilities are operated by DOE or by
contractors (including subcontractors at all tiers) with DOE oversight.
Protection of the DOE facilities is provided by armed and unarmed PF
personnel employed by Federal Government contractors. These PF
personnel are required to perform both routine and emergency duties,
which include patrolling DOE sites, manning security posts, protecting
government and contractor employees, property, and sensitive and
classified information, training for potential crisis or emergency
situations, and responding to security incidents. PF personnel are
required to meet various job-related minimum medical and physical
readiness qualification standards designed to ensure they are capable
of performing all essential functions of normal and emergency PF duties
without posing a direct threat to themselves or others. DOE's
regulations in 10 CFR part 1046 establish the medical, physical
readiness, training and performance standards for contractor PF
personnel.
On September 10, 2013, DOE issued in the Federal Register a
revision to its regulations at 10 CFR part 1046 (78 FR 55174).
Subsequently, on May 4, 2014, DOE created a new office, AU, to improve
the effectiveness and efficiency of its environment, health, safety and
security policy. DOE transferred certain health, safety and security
functions to the new office that previously were carried out by the
Office of Health, Safety and Security. This final rule amends 10 CFR
part 1046 to reflect DOE's new organizational structure. None of the
regulatory amendments in this final rule alter substantive rights or
obligations under current law. The modifications to 10 CFR part 1046
are described in the Section by Section Analysis in section II.
II. Section by Section Analysis
In this final rule, the Office of Health, Safety and Security
organization has been renamed to the Office of Environment, Health,
Safety and Security. The position title of Chief Health, Safety and
Security Officer has been renamed to the Associate Under Secretary for
the Office of Environment, Health, Safety and Security. DOE has removed
reference(s) to the Chief Medical Officer and, where appropriate,
[[Page 57081]]
added position title of Associate Under Secretary for the Office of
Environment, Health, Safety and Security in its place. Sections that
have been revised pursuant to the reorganization described above are
listed below. Sections not discussed below have not changed as a result
of this final rule.
Subpart A--General
1. Changes for Sec. 1046.2, Scope, revises the language of this
section to identify new organizational names and position titles.
2. Changes for Sec. 1046.3, Definitions, revises the language of
this section only to identify new organizational names and position
titles.
3. Changes for Sec. 1046.4, Physical Protection Medical Director,
revises the language of this section only to identify new
organizational names and position titles.
4. Changes for Sec. 1046.5, Designated Physician, revises the
language of this section only to identify new organizational names and
position titles.
Subpart B--PF Personnel
5. Changes for Sec. 1046.13, Medical certification standards and
procedures, revises the language of this section only to identify new
organizational names and position titles.
6. Changes for Sec. 1046.15, Review of medical certification
disqualification, revises the language of this section only to identify
new organizational names and position titles.
7. Changes for Sec. 1046.17, Training standards and procedures,
revises the language of this section only to identify new
organizational names and position titles.
III. Rulemaking Requirements
A. Review Under the Administrative Procedure Act
This action amends the PF regulations at 10 CFR part 1046 only to
identify new organizational names and position titles resulting from a
reorganization of DOE's Office of Health, Safety and Security, which is
now known as AU. The rule has no substantive effect on the standards
for medical, physical performance, training and access authorizations
for PF personnel employed by contractors providing security services to
the Department. Therefore, DOE has determined that prior opportunity
for public notice and comment is unnecessary and contrary to the public
interest pursuant to 5 U.S.C. 553(b)(B). For these same reasons, DOE
has determined that it is appropriate to waive the 30-day delay in
effective date pursuant to 5 U.S.C. 553(d).
B. Review Under Executive Order 12866
This action does not constitute a ``significant regulatory action''
as defined in section 3(f) of Executive Order 12866, ``Regulatory
Planning and Review'' (58 FR 51735).
C. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of a 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, Aug. 16, 2002), DOE published
procedures and policies on February 19, 2003, to ensure that the
potential impacts of its rules on small entities are properly
considered during the rulemaking process. DOE has made its procedures
and policies available on the Office of the General Counsel's Web site
(http://www.energy.gov/gc/office-general-counsel).
Because this rule is not required by law to be proposed for public
comment, the analytical requirements of the Regulatory Flexibility Act
do not apply. DOE has, however, reviewed today's rule under the
Regulatory Flexibility Act and determined that the rule would not have
a significant impact on a substantial number of small entities. This
action would amend an existing rule which establishes medical and
physical training requirements and standards for DOE PF personnel. The
medical and physical training requirements and standards affect
approximately twenty private firms (e.g., integrated Management and
Operating contractors, security services contractors, and
subcontractors) at the Department's facilities around the United
States. Some of those firms which provide protective services are
classified under NAICS Code 561612, Security Guards and Patrol
Services. To be classified as a small business, they must have average
annual receipts of $18.5 million or less. Some of the private firms
affected by these standards and requirements would be classified as
small businesses.
Because today's action identifies only organizational changes, the
impact on these firms will not be significant. For this reason, DOE
determines the rule will not have a significant economic impact on a
substantial number of small entities.
D. Review Under Paperwork Reduction Act
No new information collection requirements subject to the Paperwork
Reduction Act, 44 U.S.C. 3501 et seq., are imposed by this regulatory
action.
E. Review Under the National Environmental Policy Act
This rule amends existing policies and procedures establishing
medical and physical readiness standards for DOE PF personnel and has
no significant environmental impact. Consequently, the Department has
determined that this rule is covered under Categorical Exclusion A-5,
of Appendix A to Subpart D, 10 CFR part 1021, which applies to a
rulemaking that addresses amending an existing rule or regulation that
does not change the environmental effect of the rule or regulation
being amended. Accordingly, neither an environmental assessment nor an
environmental impact statement is required.
F. 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 develop a formal
process to ensure meaningful and timely input by State and local
officials in the development of regulatory policies that have
``federalism implications.'' Policies that have federalism implications
are defined in the Executive Order to include regulations that have
``substantial direct effects 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.'' On March
7, 2011, DOE published a statement of policy describing the
intergovernmental consultation process it will follow in the
development of such regulations (65 FR 13735, March 14, 2000).
DOE has examined this rule and has determined that it 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.
G. Review Under Executive Order 12988
Section 3 of Executive Order 12988, (61 FR 4729, February 7, 1996),
instructs each agency to adhere to certain requirements in promulgating
new
[[Page 57082]]
regulations. These requirements, set forth in section 3(a) and (b),
include eliminating drafting errors and needless ambiguity, drafting
the regulations to minimize litigation, providing clear and certain
legal standards for affected legal conduct, and promoting
simplification and burden reduction. Agencies are also instructed to
make every reasonable effort to ensure that the regulation describes
any administrative proceeding to be available prior to judicial review
and any provisions for the exhaustion of administrative remedies. The
Department has determined that this regulatory action meets the
requirements of section 3(a) and (b) of Executive Order 12988.
H. Review Under the Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA)
requires each Federal agency to assess the effects of Federal
regulatory action on state, local and tribal governments, and the
private sector. For proposed regulatory actions likely to result in a
rule that may cause expenditures by State, local, and Tribal
governments, in the aggregate, or by the private sector of $100 million
or more in any one year (adjusted annually for inflation), section 202
of UMRA requires a Federal agency to publish estimates of the resulting
costs, benefits, and other effects on the national economy. UMRA also
requires Federal agencies to develop an effective process to permit
timely input by elected officers of State, local, and Tribal
governments on a proposed ``significant intergovernmental mandate.'' In
addition, UMRA requires an agency plan for giving notice and
opportunity for timely input to small governments that may be affected
before establishing a requirement that might significantly or uniquely
affect them. On March 18, 1997, DOE published a statement of policy on
its process for intergovernmental consultation under UMRA (62 FR 12820,
March 18, 1997). (This policy is also available at http://www.energy.gov/gc/office-general-counsel.) Today's rule contains
neither an intergovernmental mandate, nor a mandate that may result in
the expenditure of $100 million or more in any year, so these
requirements do not apply. The rule would identify only organizational
changes resulting from a reorganization of DOE's Office of Health,
Safety and Security, which is now AU. The impact is not likely to
result in the expenditure of $100 million or more in any one year.
I. 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 promulgates or is expected to lead to
the 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 alternates to the action and
their expected benefits on energy supply, distribution, and use.
This rule is not a significant energy action, nor has it been
designated as such by the Administrator of OIRA. Accordingly, DOE has
not prepared a Statement of Energy Effects.
J. 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 proposed rule or policy that may affect
family well-being. Today's 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.
K. 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).
L. Approval by the Office of the Secretary of Energy.
The Office of the Secretary of Energy has approved issuance of this
final rule.
List of Subjects in 10 CFR Part 1046
Government contracts, Reporting and recordkeeping requirements,
Security measures.
Issued in Washington, DC, on September 1, 2015.
Elizabeth Sherwood-Randall,
Deputy Secretary of Energy.
For the reasons set out in the preamble, DOE amends part 1046 of
title 10 of the Code of Federal Regulations as set forth below:
PART 1046--MEDICAL, PHYSICAL READINESS, TRAINING, AND ACCESS
AUTHORIZATION STANDARDS FOR PROTECTIVE FORCE PERSONNEL
0
1. The authority citation for part 1046 continues to read as follows:
Authority: 42 U.S.C. 2011, et seq.; 42 U.S.C. 7101, et seq.; 50
U.S.C. 2401, et seq.
Sec. 1046.2 [Amended]
0
2. Section 1046.2 is amended:
0
a. In paragraph (c) by removing ``Chief Health, Safety and Security
Officer'' and adding in its place ``Associate Under Secretary for the
Office of Environment, Health, Safety and Security (AU-1)'';
0
b. In paragraph (d), second sentence, by removing ``the Office of
Health, Safety and Security'' and adding in its place ``AU''; and in
the third sentence, by removing ``The Office of Health, Safety and
Security'' and adding in its place ``AU-1''; and
0
c. In paragraph (e) by removing ``the Chief Health, Safety and Security
Officer'' and adding in its place ``the Associate Under Secretary for
Environment, Health, Safety and Security''.
Sec. 1046.3 [Amended]
0
3. In Sec. 1046.3, the definition of ``Designated Physician'' is
amended by removing ``The Office of Health, Safety and Security'' and
adding in its place ``AU-1'', and the definition of ``Weapons
proficiency demonstration'' is amended by removing ``the Office of
Health, Safety and Security'' and adding in its place ``AU-1''.
Sec. 1046.4 [Amended]
0
4. Section 1046.4 is amended in:
0
a. Paragraphs (a)(1) introductory text, (a)(1)(iv), (a)(2), (a)(3), (b)
introductory text, (d)(1) introductory text, and (d)(2) by removing
``the Office of Health, Safety and Security'' and adding in its place
``AU-1'';
0
b. Paragraph (e), by removing ``The Office of Health, Safety and
Security'' and adding in its place ``AU-1'';
0
c. Paragraph (f), by removing ``the Office of Health, Safety and
Security'',
[[Page 57083]]
four occurrences, and adding in its place ``AU-1''; and
0
d. Paragraph (g), by removing, ``the Chief Health, Safety and Security
Officer'', and adding in its place ``AU-1''; and by removing ``the
Office of Health, Safety and Security'' and adding in its place ``AU-
1''.
Sec. 1046.5 [Amended]
0
5. Section 1046.5(c) is amended by removing ``the Office of Health,
Safety and Security'', two occurrences, and adding in both places,
``AU-1''.
Sec. 1046.13 [Amended]
0
6. Section 1046.13(b)(3) is amended by removing ``the Chief Medical
Officer'' and adding in its place ``AU-1''.
Sec. 1046.15 [Amended]
0
7. Section 1046.15 is amended in:
0
a. Paragraph (c) introductory text, by removing ``the Office of Health,
Safety and Security'' and adding in its place ``AU-1''; and in
paragraph (c)(1) by removing ``The Office of Health, Safety and
Security'' and adding in its place ``AU-1''; and
0
b. Paragraphs (c)(2), (c)(3), (c)(4) introductory text, (c)(4)(iii),
(c)(5), (c)(6) introductory text, (c)(7) four occurrences, (c)(8) and
(d) two occurrences, by removing ``the Office of Health, Safety and
Security'' and adding in its place ``AU-1''.
Sec. 1046.17 [Amended]
0
8. Section 1046.17 is amended in paragraph (k)(6) by removing ``the
Office of Health, Safety and Security'' and adding in its place ``AU-
1''.
[FR Doc. 2015-24083 Filed 9-21-15; 8:45 am]
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