[Federal Register Volume 60, Number 233 (Tuesday, December 5, 1995)]
[Rules and Regulations]
[Pages 62316-62317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29575]
[[Page 62315]]
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Part III
Department of Energy
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10 CFR Parts 475, 476, and 478
Removal of Obsolete Regulations; Final Rule and Proposed Rule
Federal Register / Vol. 60, No. 233 / Tuesday, December 5, 1995 /
Rules and Regulations
[[Page 62316]]
DEPARTMENT OF ENERGY
10 CFR Parts 475, 476, and 478
Removal of Obsolete Regulations
AGENCY: Department of Energy.
ACTION: Direct final rule.
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SUMMARY: The Department of Energy is amending the Code of Federal
Regulations (CFR) to remove obsolete regulations relating to defunct
programs of financial assistance for electric and hybrid vehicle
research and methane transportation research. This action is being
taken in furtherance of the President's Regulatory Reinvention
Initiative to eliminate obsolete regulations and streamline existing
rules.
EFFECTIVE DATE: This action is effective on January 16, 1996, unless
significant adverse or critical comments are received by January 4,
1996. The Department will publish a timely notice in the Federal
Register if comments are received that require the effective date to be
suspended or delayed for any of the CFR parts included in this direct
final rule.
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, S.W., Washington, DC
20585, (202) 586-2902.
SUPPLEMENTARY INFORMATION: In furtherance of the President's Regulatory
Reinvention Initiative, the Department of Energy 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
regulations for which statutory authority has expired or has been
superseded by subsequent legislation, as well as regulations governing
nonfunctioning and unfunded programs. Elimination of these regulations
will not interfere with the Department's ongoing activities in the area
of alternative fueled vehicles. On September 22, 1995, the Department
published a final rule that eliminated numerous obsolete regulations
from Title 10 of the CFR. 60 FR 49195. As a result of this and prior
actions, the Department has reduced its pages in the CFR by 514 pages,
or 71 percent of its goal of 726 pages.
Today's action will remove the following obsolete regulations:
10 CFR Part 475--Electric and Hybrid Vehicle Research, Development and
Demonstration Program
The Electric and Hybrid Vehicle Research, Development and
Demonstration Act of 1976, 15 U.S.C. 2501 et seq., authorized the
Department to support research, development and demonstration of
electric and hybrid vehicle technologies. Part 475 contains performance
standards for electric vehicles which DOE developed for purposes of the
demonstration program. The demonstration period extended, by law,
through fiscal year 1986. 15 U.S.C. 2506(c)(3). Because the
demonstration program has ended, these regulations are obsolete.
10 CFR Part 476--Electric and Hybrid Vehicle Research, Development and
Demonstration Program Small Business Planning Grants
Section 9 of the Electric and Hybrid Vehicle Research, Development
and Demonstration Act of 1976, 15 U.S.C. 2508(c)(2), authorized the
Department to make grants to qualified small businesses that needed
assistance in developing and submitting proposals for contracts. Part
476 contains regulations implementing the Act's provision for these
small business planning grants. Congress has not appropriated funds for
this program for the past 15 years. DOE does not expect the program to
be revived.
10 CFR Part 478--Methane Transportation Research and Development;
Review and Certification of Contracts, Grants, Cooperative Agreements
and Projects
Part 478 provides procedures for grants, contracts, or cooperative
agreements to support research and development for methane-fueled
vehicles. The regulations implement section 4(d) of the Methane
Transportation Research, Development, and Demonstration Act. 15 U.S.C.
3801 et seq. The Department has not requested, and Congress has not
provided, funds for this program for many years. The Department has no
plans to seek revival of this program, and it considers these
regulations to be obsolete.
Rulemaking Analyses
Regulatory Planning and Review
The elimination of obsolete 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.
Regulatory Flexibility Act
Given that the programs for which these regulations were
promulgated are now inactive, the Department certifies that this
rulemaking will not have a ``significant economic impact on a
substantial number of small entities.''
National Environmental Policy Act
This rule amends Title 10 of the Code of Federal Regulations by
removing regulations governing programs that are funded. This
rulemaking will not change the environmental effect of the programs
governed by the regulations being eliminated because the programs have
been inactive for many years and 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.).
Direct Final Rulemaking
The Code of Federal Regulation parts being removed by this rule are
regulations that involve programs for which there has not been an
appropriation since the mid-1980's. It is unlikely that the President
will request, or that Congress will again provide, an appropriation for
these programs. In the absence of funding, retention of these
regulations does not serve any useful purpose. Their removal will have
no direct effect on any person and, therefore, this action is expected
to be uncontroversial. 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.
[[Page 62317]]
Nevertheless, in a separate document in this Federal Register
publication, the Department is publishing a notice of proposed
rulemaking to remove these regulations. If the Department receives
significant adverse or critical comments, it will withdraw this action
before the effective date by publishing a subsequent notice of
withdrawal in the Federal Register. If significant adverse comments
clearly apply only to removal of certain of the affected CFR parts, the
Department will withdraw this action only for the parts that are the
subject of adverse or critical comments. This action would become
effective for the part or parts that were not the subject of such
comments.
Any public comments received on the separate notice of proposed
rulemaking, which incorporates the substance of this action, will be
addressed in a subsequent final rule. The Department will not institute
a second comment period on this action. If no significant adverse or
critical comments are received, this action will be effective January
16, 1996.
List of Subjects
10 CFR Part 475
Electric Power, Energy conservation, Motor vehicles, Research.
10 CFR Part 476
Electric power, Energy conservation, Grant programs-business,
energy, Motor vehicles, Research, Small businesses.
10 CFR Part 478
Energy conservation, Government contracts, Methane, Motor vehicles,
Natural gas, Research.
Issued in Washington, DC on November 29, 1995.
Robert R. Nordhaus,
General Counsel.
PARTS 475, 476, 478--[REMOVED]
For the reasons set forth in the preamble, under the authority of
42 U.S.C 7101, Title 10 of the Code of Federal Regulations is amended
by removing parts 475, 476, and 478.
[FR Doc. 95-29575 Filed 12-4-95; 8:45 am]
BILLING CODE 6450-01-P
