[Federal Register Volume 61, Number 130 (Friday, July 5, 1996)]
[Rules and Regulations]
[Pages 35114-35115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17116]
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DEPARTMENT OF ENERGY
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.
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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authority has expired or been superseded by subsequent legislation,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 Sec. 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
[[Page 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 (Secs. 205.160-205.162) and P (Secs. 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
