80 FR 15517 - Acquisition Regulation: Technical and Administrative Changes to Department of Energy Acquisition Regulation
DEPARTMENT OF ENERGY Federal Register Volume 80, Issue 56 (March 24, 2015)
Federal Register Volume 80, Issue 56 (March 24, 2015)
| Page Range | 15517-15520 | |
| FR Document | 2015-06572 |
[Federal Register Volume 80, Number 56 (Tuesday, March 24, 2015)] [Rules and Regulations] [Pages 15517-15520] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-06572] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF ENERGY 48 CFR Part 970 RIN 1991-AC07 Acquisition Regulation: Technical and Administrative Changes to Department of Energy Acquisition Regulation AGENCY: Department of Energy. ACTION: Final rule; technical amendment. ----------------------------------------------------------------------- SUMMARY: The Department of Energy (DOE) is amending the Department of Energy Acquisition Regulation (DEAR) to make technical and administrative changes to the DEAR by changing the term ``Work for Others'' to ``Strategic Partnership Projects'' and ``WFO'' to ``SPP'' in every instance where it appears in the DEAR. This final rule does not alter substantive rights or obligations under current law. DATES: Effective date: April 23, 2015. FOR FURTHER INFORMATION CONTACT: Lawrence Butler, (202) 287-1945 or [email protected]. SUPPLEMENTARY INFORMATION: I. Background II. Section-by-Section Analysis III. Procedural Requirements A. Review Under Executive Order 12866 and 13563. B. Review Under Executive Order 12988. C. Review Under the Regulatory Flexibility Act. D. Review Under the Paperwork Reduction Act. E. Review Under the National Environmental Policy Act. F. Review Under Executive Order 13132. G. Review Under the Unfunded Mandates Reform Act of 1995. H. Review Under the Treasury and General Government Appropriations Act, 1999. I. Review Under Executive Order 13211. J. Review Under the Treasury and General Government Appropriations Act, 2001. K. Administrative Procedure Act L. Congressional Notification M. Approval by the Office of the Secretary of Energy. I. Background Since July 1991, DOE has officially used the term ``Work for Others'' to describe work performed by its national laboratories for non-DOE entities, including other Federal agencies, universities, and the private sector. Projects performed under the Work for Others program provide solutions to difficult technical challenges vital to maintaining strong national security and promoting economic competitiveness. To better convey the importance of projects that the laboratories perform for other entities, DOE has decided to change the term ``Work for Others (WFO) to ``Strategic Partnership Projects (SPP)''. The national laboratories/plants/sites and DOE programs assisted in determining the new name. This change will take place immediately and will be implemented throughout DOE and its contractor community in the coming months. None of these changes are substantive or of a nature to cause any significant expense for DOE or its contractors. II. Section-by-Section Analysis DOE amends the DEAR as follows: PART 970-DOE MANAGEMENT AND OPERATING CONTRACTS 1. Section 970.1707, is revised to change the term ``Work for Others'' to ``Strategic Partnership Projects''. 2. Section 970.1707-1, is revised to change the term ``Work for Others'' to ``Strategic Partnership Projects'' and change the title for DOE Order 481.1C. 3. Section 970.1707-2, is revised to change the term ``Work for Others'' to ``Strategic Partnership Projects''. 4. Section 970.1707-3, is revised to change the term ``work for others'' to ``Strategic Partnership Projects'' in both the title and paragraph (a). 5. Section 970.1707-4, is revised to change the term ``Work for Others'' to ``Strategic Partnership Projects''. 6. Section 970.3270, paragraph (a)(6), is revised to change the term ``Work for others'' to ``Strategic Partnership Projects''. 7. Section 970.3501-2, is revised to change the number and title for DOE Order 481.1. 8. Section 970.5217-1, is revised to change the clause title and date, and change the term ``Work for Others'' to ``Strategic Partnership Projects'' throughout the clause. 9. Section 970.5227-1, paragraph (b)(ii), is revised to change the term ``Work for Others'' to ``Strategic Partnership Projects''. 10. Section 970.5227-2, paragraph (b)(1)(ii), is revised to change the term ``Work for Others'' to ``Strategic Partnership Projects''. 11. Section 970.5227-3, is revised to change the term ``Work for Others'' to ``Strategic Partnership Projects'' and ``WFO'' to ``SPP'' throughout the clause. 12. Section 970.5227-11, paragraph (c)(2)(viii), is revised to change the term ``Work-for-Others'' to ``Strategic Partnership Projects''. 13. Section 970.5227-12, paragraph (c)(1)(viii), is revised to change the term ``Work-for-Others'' to ``Strategic Partnership Projects''. 14. Section 970.5232-6, is revised to change the term ``Work for Others'' to ``Strategic Partnership Projects''. 15. Section 970.5235-1, paragraph (c), is revised to change the term ``Work for Others'' to ``Strategic Partnership Projects'' and change the number and title for DOE Order 481.1 in paragraph (d). III. Procedural Requirements A. Review Under Executive Order 12866 and 13563 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 final rule is not subject to review under that Executive Order by the Office of Information and Regulatory Affairs (OIRA) of the Office of Management and Budget (OMB). DOE has also reviewed this regulation pursuant to Executive Order 13563, issued on January 18, 2011 (76 FR 3281 (Jan. 21, 2011)). Executive Order 13563 is supplemental to and explicitly reaffirms the principles, structures, and definitions governing regulatory review established in Executive Order 12866. To the extent permitted by law, agencies are required by Executive Order 13563 to: (1) Propose or adopt a regulation only upon a reasoned determination that its benefits justify its costs (recognizing that some benefits and costs are difficult to quantify); (2) tailor regulations to impose the least burden on society, consistent with obtaining regulatory objectives, taking into account, among other things, and to the extent practicable, the costs of cumulative regulations; (3) select, in choosing among alternative regulatory approaches, those approaches that maximize net benefits (including potential economic, environmental, public health and safety, and other advantages; distributive impacts; and equity); (4) to the extent feasible, specify performance objectives, rather than specifying the behavior or manner of compliance that regulated entities must adopt; and (5) identify and assess available alternatives to direct regulation, including providing economic incentives to encourage the desired behavior, such as user fees or marketable permits, or providing information upon which choices can be made by the public. DOE emphasizes as well that Executive Order 13563 requires agencies to use the best available techniques to quantify anticipated present and future [[Page 15518]] benefits and costs as accurately as possible. In its guidance, the Office of Information and Regulatory Affairs has emphasized that such techniques may include identifying changing future compliance costs that might result from technological innovation or anticipated behavioral changes. DOE believes that this final rule is consistent with these principles, including the requirement that, to the extent permitted by law, agencies adopt a regulation only upon a reasoned determination that its benefits justify its costs and, in choosing among alternative regulatory approaches, those approaches maximize net benefits. B. 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. With regard to the review required by section 3(a), 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 United States 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 if 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. C. 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 on February 19, 2003, to ensure that the potential impacts of its rules on small entities are properly considered during the rulemaking process (68 FR 7990). DOE has made its procedures and policies available on the Office of General Counsel's Web site at http://www.energy.gov/gc/office-general-counsel. The regulatory amendments in this notice of final rulemaking to change the term ``Work for Others (WFO)'' to ``Strategic Partnership Projects (SPP)'' 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. D. 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. Existing burdens associated with the collection of certain contractor data under the DEAR have been cleared under OMB control number 1910-4100, with an expiration date of October 31, 2014. E. Review Under the National Environmental Policy Act DOE has concluded that promulgation of this final rule falls into a class of actions which would not individually or cumulatively have significant impact on the human environment, as determined by DOE's regulations (10 CFR part 1021, subpart D) implementing the National Environmental Policy Act (NEPA) of 1969 (42 U.S.C. 4321 et seq.). Specifically, this proposed rule is categorically excluded from NEPA review because the amendments to the DEAR are strictly procedural (categorical exclusion A6). Therefore, this rulemaking does not require an environmental impact statement or environmental assessment pursuant to NEPA. F. Review Under Executive Order 13132 Executive Order 13132, 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 requires agencies to have an accountability 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 the final 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. G. Review Under the Unfunded Mandates Reform Act of 1995 The Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) generally requires a Federal agency to perform a written assessment of costs and benefits of any rule imposing a Federal mandate with costs to State, local or tribal governments, or to the private sector, of $100 million or more. This final rule does not impose a Federal mandate on State, local or tribal governments or on the private sector. 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 rulemaking or policy that may affect family well-being. This final rule will have no 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 Executive Order 13211 Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, [[Page 15519]] Distribution, or Use, 66 FR 28355 (May 22, 2001), requires Federal agencies to prepare and submit to Office of Information and Regulatory Affairs (OIRA), of the Office of Management and Budget (OMB), a Statement of Energy Effects for any significant energy action. A ``significant energy action'' is defined as any action by an agency that promulgates 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; (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 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 final rule is not a significant energy action. Accordingly, DOE has not prepared a Statement of Energy Effects. J. 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. K. Administrative Procedure Act. The regulatory amendments in this notice of final rulemaking to change the term ``Work for Others (WFO) to ``Strategic Partnership Projects (SPP)'' 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). M. Approval by the Office of the Secretary of Energy Issuance of this final rule has been approved by the Office of the Secretary of Energy. List of Subjects in 48 CFR Part 970 Government procurement. Issued in Washington, DC on March 12, 2015. Paul Bosco, Director, Office of Acquisition and Project Management, Department of Energy. Joseph Waddell, Deputy Associate Administrator, Acquisition and Project Management, National Nuclear Security Administration. For the reasons set out in the preamble, the Department of Energy amends chapter 9 of title 48 of the Code of Federal Regulations as set forth below. PART 970--DOE MANAGEMENT AND OPERATING CONTRACTS 0 1. The authority citation for part 970 continues to read as follows: Authority: 42 U.S.C. 2201; 2282a; 2282b; 2282c; 42 U.S.C. 7101 et seq.; 50 U.S.C. 2401 et seq. 0 2. Section 970.1707 is amended by revising the section heading to read as follows: 970.1707 Strategic Partnership Projects. * * * * * 970.1707-1 [Amended] 0 3. Section 970.1707-1 is amended by: 0 a. Removing the term ``Work for Others'' in two places and adding in their places ``Strategic Partnership Projects''; and 0 b. Removing ``DOE Order 481.1C, WORK FOR OTHERS (NON-DEPARTMENT OF ENERGY FUNDED WORK)'', and adding in its place ``DOE Order 481.1C, Strategic Partnership Projects (Formerly Known as Work for Others (Non- Department of Energy Funded Work)), or successor version''. 970.1707-2 [Amended] 0 4. Section 970.1707-2 is amended by removing the term ``Work for Others'' in the introductory text and adding in its place ``Strategic Partnership Projects''. 0 5. Section 970.1707-3 is amended by: 0 a. Revising the section heading; and 0 b. In paragraph (a), removing the term ``work for others'' and adding in its place ``strategic partnership projects''. The revision reads as follows: 970.1707-3 Terms governing Strategic Partnership Projects. * * * * * 970.1707-4 [Amended] 0 6. Section 970.1707-4 is amended by removing the term ``Work for Others'' wherever it appears and adding in its place ``Strategic Partnership Projects''. 970.3270 [Amended] 0 7. Section 970.3270, paragraph (a)(6), is amended by removing the term ``Work for others'' and adding in its place ``Strategic Partnership Projects''. 970.3501-2 [Amended] 0 8. Section 970.3501-2 is amended by removing ``DOE Order 481.1, Work for Others (Non-Department of Energy Funded Work)'', and adding in its place ``DOE Order 481.1C, Strategic Partnership Projects (Formerly Known as Work for Others (Non-Department of Energy Funded Work)), or successor version''. 0 9. Section 970.5217-1 is amended by: 0 a. Revising the section heading and clause heading and date; and 0 b. Removing the terms ``work for others'', ``Work for Others'', and ``Work for others'' wherever they appear and adding in their place ``Strategic Partnership Projects''; and The revisions read as follows: 970.5217-1 Strategic Partnership Projects Program. * * * * * STRATEGIC PARTNERSHIP PROJECTS PROGRAM (NON-DOE FUNDED WORK) (April 23, 2015) * * * * * 970.5227-1 [Amended] 0 10. Section 970.5227-1, paragraph (b)(1)(ii), is amended by removing the term ``Work for Others'' and adding in its place ``Strategic Partnership Projects''. 970.5227-2 [Amended] 0 11. Section 970.5227-2, paragraph (b)(1)(ii), is amended by removing the term ``Work for Others'' and adding in its place ``Strategic Partnership Projects''. 970.5227-3 [Amended] 0 12. Section 970.5227-3 is amended by: 0 a. In paragraphs (a)(2), (c)(1), (n)(4), and (n)(4)(iii), removing the terms ``Work for Others'' and ``Work for others'' wherever they appear and adding in their place ``Strategic Partnership Projects''; and [[Page 15520]] 0 b. In paragraphs (a)(2), (d)(4), (d)(9), (n)(4) and (n)(4)(iii), removing the acronym ``WFO'' wherever it appears and adding in its place ``SPP''. 970.5227-11 [Amended] 0 13. Section 970.5227-12, paragraph (c)(2)(viii), is amended by removing the term ``Work-for-Others'' and adding in its place ``Strategic Partnership Projects''. 970.5227-12 [Amended] 0 14. Section 970.5227-12, paragraph (c)(1)(viii), is amended by removing the term ``Work-for-Others'' and adding in its place ``Strategic Partnership Projects''. 0 15. Section 970.5232-6 is amended by: 0 a. Revising the section heading and clause heading and date; and 0 b. Removing the term ``Work for Others'' and adding in its place ``Strategic Partnership Projects''. The revisions read as follows: 970.5232-6 Strategic Partnership Projects funding authorization. * * * * * STRATEGIC PARTNERSHIP PROJECT FUNDING AUTHORIZATION (April 23, 2015) * * * * * 970.5235-1 [Amended] 0 16. Section 970.5235-1 is amended by: 0 a. In paragraph (c), removing ``48 CFR 970.5217-1, Work for Others Program'' and adding in its place ``48 CFR 970.5217-1, Strategic Partnership Projects Program''; and 0 b. In paragraph (d), removing ``DOE Order 481.1, Work for Others (Non- Department of Energy Funded Work),'' and adding in its place ``DOE Order 481.1C, Strategic Partnership Projects (Formerly Known as Work for Others (Non-Department of Energy Funded Work)), or successor version''. [FR Doc. 2015-06572 Filed 3-23-15; 8:45 am] BILLING CODE 6450-01-P
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§ 721.4680 [Removed] maintaining strong national security and ‘‘Work-for-Others’’ to ‘‘Strategic
■ 2. Remove § 721.4680. promoting economic competitiveness. Partnership Projects’’.
To better convey the importance of 14. Section 970.5232–6, is revised to
[FR Doc. 2015–06474 Filed 3–23–15; 8:45 am]
projects that the laboratories perform for change the term ‘‘Work for Others’’ to
BILLING CODE 6560–50–P
other entities, DOE has decided to ‘‘Strategic Partnership Projects’’.
change the term ‘‘Work for Others 15. Section 970.5235–1, paragraph (c),
(WFO) to ‘‘Strategic Partnership Projects is revised to change the term ‘‘Work for
DEPARTMENT OF ENERGY (SPP)’’. The national laboratories/ Others’’ to ‘‘Strategic Partnership
plants/sites and DOE programs assisted Projects’’ and change the number and
48 CFR Part 970 title for DOE Order 481.1 in paragraph
in determining the new name. This
RIN 1991–AC07 change will take place immediately and (d).
will be implemented throughout DOE III. Procedural Requirements
Acquisition Regulation: Technical and and its contractor community in the
Administrative Changes to Department coming months. None of these changes A. Review Under Executive Order 12866
of Energy Acquisition Regulation are substantive or of a nature to cause and 13563
AGENCY:Department of Energy. any significant expense for DOE or its This regulatory action has been
contractors. determined not to be a ‘‘significant
Final rule; technical
ACTION:
amendment. II. Section-by-Section Analysis regulatory action’’ under Executive
Order 12866, ‘‘Regulatory Planning and
SUMMARY: The Department of Energy DOE amends the DEAR as follows: Review,’’ 58 FR 51735 (October 4, 1993).
(DOE) is amending the Department of PART 970–DOE MANAGEMENT
Accordingly, this final rule is not
Energy Acquisition Regulation (DEAR) AND OPERATING CONTRACTS
subject to review under that Executive
to make technical and administrative 1. Section 970.1707, is revised to
Order by the Office of Information and
changes to the DEAR by changing the change the term ‘‘Work for Others’’ to
Regulatory Affairs (OIRA) of the Office
term ‘‘Work for Others’’ to ‘‘Strategic ‘‘Strategic Partnership Projects’’.
2. Section 970.1707–1, is revised to of Management and Budget (OMB).
Partnership Projects’’ and ‘‘WFO’’ to DOE has also reviewed this regulation
change the term ‘‘Work for Others’’ to
‘‘SPP’’ in every instance where it pursuant to Executive Order 13563,
‘‘Strategic Partnership Projects’’ and
appears in the DEAR. This final rule issued on January 18, 2011 (76 FR 3281
change the title for DOE Order 481.1C.
does not alter substantive rights or (Jan. 21, 2011)). Executive Order 13563
3. Section 970.1707–2, is revised to
obligations under current law. is supplemental to and explicitly
change the term ‘‘Work for Others’’ to
DATES: Effective date: April 23, 2015. ‘‘Strategic Partnership Projects’’. reaffirms the principles, structures, and
FOR FURTHER INFORMATION CONTACT: 4. Section 970.1707–3, is revised to definitions governing regulatory review
Lawrence Butler, (202) 287–1945 or change the term ‘‘work for others’’ to established in Executive Order 12866.
lawrence.butler@hq.doe.gov. ‘‘Strategic Partnership Projects’’ in both To the extent permitted by law, agencies
the title and paragraph (a). are required by Executive Order 13563
SUPPLEMENTARY INFORMATION:
I. Background 5. Section 970.1707–4, is revised to to: (1) Propose or adopt a regulation
II. Section-by-Section Analysis change the term ‘‘Work for Others’’ to only upon a reasoned determination
III. Procedural Requirements ‘‘Strategic Partnership Projects’’. that its benefits justify its costs
A. Review Under Executive Order 12866 6. Section 970.3270, paragraph (a)(6), (recognizing that some benefits and
and 13563. is revised to change the term ‘‘Work for costs are difficult to quantify); (2) tailor
B. Review Under Executive Order 12988. others’’ to ‘‘Strategic Partnership regulations to impose the least burden
C. Review Under the Regulatory Flexibility on society, consistent with obtaining
Act.
Projects’’.
7. Section 970.3501–2, is revised to regulatory objectives, taking into
D. Review Under the Paperwork Reduction
change the number and title for DOE account, among other things, and to the
Act.
E. Review Under the National Order 481.1. extent practicable, the costs of
Environmental Policy Act. 8. Section 970.5217–1, is revised to cumulative regulations; (3) select, in
F. Review Under Executive Order 13132. change the clause title and date, and choosing among alternative regulatory
G. Review Under the Unfunded Mandates change the term ‘‘Work for Others’’ to approaches, those approaches that
Reform Act of 1995. ‘‘Strategic Partnership Projects’’ maximize net benefits (including
H. Review Under the Treasury and General throughout the clause. potential economic, environmental,
Government Appropriations Act, 1999. 9. Section 970.5227–1, paragraph public health and safety, and other
I. Review Under Executive Order 13211. advantages; distributive impacts; and
(b)(ii), is revised to change the term
J. Review Under the Treasury and General
‘‘Work for Others’’ to ‘‘Strategic equity); (4) to the extent feasible, specify
Government Appropriations Act, 2001.
K. Administrative Procedure Act Partnership Projects’’. performance objectives, rather than
L. Congressional Notification 10. Section 970.5227–2, paragraph specifying the behavior or manner of
M. Approval by the Office of the Secretary (b)(1)(ii), is revised to change the term compliance that regulated entities must
of Energy. ‘‘Work for Others’’ to ‘‘Strategic adopt; and (5) identify and assess
Partnership Projects’’. available alternatives to direct
I. Background regulation, including providing
11. Section 970.5227–3, is revised to
Since July 1991, DOE has officially change the term ‘‘Work for Others’’ to economic incentives to encourage the
used the term ‘‘Work for Others’’ to ‘‘Strategic Partnership Projects’’ and desired behavior, such as user fees or
TKELLEY on DSK3SPTVN1PROD with RULES
describe work performed by its national ‘‘WFO’’ to ‘‘SPP’’ throughout the clause. marketable permits, or providing
laboratories for non-DOE entities, 12. Section 970.5227–11, paragraph information upon which choices can be
including other Federal agencies, (c)(2)(viii), is revised to change the term made by the public.
universities, and the private sector. ‘‘Work-for-Others’’ to ‘‘Strategic DOE emphasizes as well that
Projects performed under the Work for Partnership Projects’’. Executive Order 13563 requires agencies
Others program provide solutions to 13. Section 970.5227–12, paragraph to use the best available techniques to
difficult technical challenges vital to (c)(1)(viii), is revised to change the term quantify anticipated present and future
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Distribution, or Use, 66 FR 28355 (May the effective date set forth at the outset The revision reads as follows:
22, 2001), requires Federal agencies to of this rulemaking. The report will state
that it has been determined that the rule 970.1707–3 Terms governing Strategic
prepare and submit to Office of
Partnership Projects.
Information and Regulatory Affairs is not a ‘‘major rule’’ as defined by 5
(OIRA), of the Office of Management U.S.C. 801(2). * * * * *
and Budget (OMB), a Statement of 970.1707–4 [Amended]
M. Approval by the Office of the
Energy Effects for any significant energy
Secretary of Energy ■ 6. Section 970.1707–4 is amended by
action. A ‘‘significant energy action’’ is
defined as any action by an agency that Issuance of this final rule has been removing the term ‘‘Work for Others’’
promulgates or is expected to lead to approved by the Office of the Secretary wherever it appears and adding in its
promulgation of a final rule, and that: of Energy. place ‘‘Strategic Partnership Projects’’.
(1) Is a significant regulatory action List of Subjects in 48 CFR Part 970 970.3270 [Amended]
under Executive Order 12866, or any
Government procurement. ■ 7. Section 970.3270, paragraph (a)(6),
successor order; (2) is likely to have a
is amended by removing the term
significant adverse effect on the supply, Issued in Washington, DC on March 12,
2015. ‘‘Work for others’’ and adding in its
distribution, or use of energy; or (3) is
place ‘‘Strategic Partnership Projects’’.
designated by the Administrator of Paul Bosco,
OIRA as a significant energy action. For Director, Office of Acquisition and Project 970.3501–2 [Amended]
any significant energy action, the agency Management, Department of Energy.
■ 8. Section 970.3501–2 is amended by
must give a detailed statement of any Joseph Waddell,
removing ‘‘DOE Order 481.1, Work for
adverse effects on energy supply, Deputy Associate Administrator, Acquisition Others (Non-Department of Energy
distribution, or use should the proposal and Project Management, National Nuclear
Security Administration.
Funded Work)’’, and adding in its place
be implemented, and of reasonable
‘‘DOE Order 481.1C, Strategic
alternatives to the action and their For the reasons set out in the Partnership Projects (Formerly Known
expected benefits on energy supply, preamble, the Department of Energy as Work for Others (Non-Department of
distribution, and use. This final rule is amends chapter 9 of title 48 of the Code Energy Funded Work)), or successor
not a significant energy action. of Federal Regulations as set forth version’’.
Accordingly, DOE has not prepared a below. ■ 9. Section 970.5217–1 is amended by:
Statement of Energy Effects.
■ a. Revising the section heading and
PART 970—DOE MANAGEMENT AND
J. Review Under the Treasury and clause heading and date; and
OPERATING CONTRACTS ■ b. Removing the terms ‘‘work for
General Government Appropriations
Act, 2001 ■ 1. The authority citation for part 970 others’’, ‘‘Work for Others’’, and ‘‘Work
continues to read as follows: for others’’ wherever they appear and
The Treasury and General
adding in their place ‘‘Strategic
Government Appropriations Act, 2001 Authority: 42 U.S.C. 2201; 2282a; 2282b; Partnership Projects’’; and
(44 U.S.C. 3516, note) provides for 2282c; 42 U.S.C. 7101 et seq.; 50 U.S.C. 2401
The revisions read as follows:
agencies to review most disseminations et seq.
of information to the public under ■ 2. Section 970.1707 is amended by 970.5217–1 Strategic Partnership Projects
guidelines established by each agency revising the section heading to read as Program.
pursuant to general guidelines issued by follows: * * * * *
OMB. OMB’s guidelines were published
at 67 FR 8452 (February 22, 2002), and 970.1707 Strategic Partnership Projects. STRATEGIC PARTNERSHIP
DOE’s guidelines were published at 67 * * * * * PROJECTS PROGRAM (NON-DOE
FR 62446 (October 7, 2002). DOE has FUNDED WORK) (April 23, 2015)
970.1707–1 [Amended] * * * * *
reviewed this final rule under the OMB
and DOE guidelines and has concluded ■ 3. Section 970.1707–1 is amended by:
■ a. Removing the term ‘‘Work for 970.5227–1 [Amended]
that it is consistent with applicable
policies in those guidelines. Others’’ in two places and adding in ■ 10. Section 970.5227–1, paragraph
their places ‘‘Strategic Partnership (b)(1)(ii), is amended by removing the
K. Administrative Procedure Act. Projects’’; and term ‘‘Work for Others’’ and adding in
The regulatory amendments in this ■ b. Removing ‘‘DOE Order 481.1C, its place ‘‘Strategic Partnership
notice of final rulemaking to change the WORK FOR OTHERS (NON- Projects’’.
term ‘‘Work for Others (WFO) to DEPARTMENT OF ENERGY FUNDED
‘‘Strategic Partnership Projects (SPP)’’ WORK)’’, and adding in its place ‘‘DOE 970.5227–2 [Amended]
relate solely to internal agency Order 481.1C, Strategic Partnership ■ 11. Section 970.5227–2, paragraph
organization, management or personnel, Projects (Formerly Known as Work for (b)(1)(ii), is amended by removing the
and as such, are not subject to the Others (Non-Department of Energy term ‘‘Work for Others’’ and adding in
requirement for a general notice of Funded Work)), or successor version’’. its place ‘‘Strategic Partnership
proposed rulemaking under the Projects’’.
970.1707–2 [Amended]
Administrative Procedure Act (5 U.S.C.
■ 4. Section 970.1707–2 is amended by 970.5227–3 [Amended]
553(a)(2)) (APA). There is no
requirement under the APA or any other removing the term ‘‘Work for Others’’ in ■ 12. Section 970.5227–3 is amended
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law that this rule be proposed for public the introductory text and adding in its by:
comment. place ‘‘Strategic Partnership Projects’’. ■ a. In paragraphs (a)(2), (c)(1), (n)(4),
■ 5. Section 970.1707–3 is amended by: and (n)(4)(iii), removing the terms
L. Congressional Notification ■ a. Revising the section heading; and ‘‘Work for Others’’ and ‘‘Work for
As required by 5 U.S.C. 801, DOE will ■ b. In paragraph (a), removing the term others’’ wherever they appear and
submit to Congress a report regarding ‘‘work for others’’ and adding in its adding in their place ‘‘Strategic
the issuance of this final rule prior to place ‘‘strategic partnership projects’’. Partnership Projects’’; and
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![15520 Federal Register / Vol. 80, No. 56 / Tuesday, March 24, 2015 / Rules and Regulations
■ b. In paragraphs (a)(2), (d)(4), (d)(9), ■ 15. Section 970.5232–6 is amended 970.5235–1 [Amended]
(n)(4) and (n)(4)(iii), removing the by: ■ 16. Section 970.5235–1 is amended
acronym ‘‘WFO’’ wherever it appears ■ a. Revising the section heading and by:
and adding in its place ‘‘SPP’’. clause heading and date; and ■ a. In paragraph (c), removing ‘‘48 CFR
970.5227–11 [Amended] ■ b. Removing the term ‘‘Work for
970.5217–1, Work for Others Program’’
and adding in its place ‘‘48 CFR
Others’’ and adding in its place
■ 13. Section 970.5227–12, paragraph 970.5217–1, Strategic Partnership
‘‘Strategic Partnership Projects’’.
(c)(2)(viii), is amended by removing the Projects Program’’; and
term ‘‘Work-for-Others’’ and adding in The revisions read as follows: ■ b. In paragraph (d), removing ‘‘DOE
its place ‘‘Strategic Partnership Order 481.1, Work for Others (Non-
970.5232–6 Strategic Partnership Projects
Projects’’. funding authorization.
Department of Energy Funded Work),’’
and adding in its place ‘‘DOE Order
970.5227–12 [Amended] * * * * * 481.1C, Strategic Partnership Projects
■ 14. Section 970.5227–12, paragraph STRATEGIC PARTNERSHIP PROJECT (Formerly Known as Work for Others
(c)(1)(viii), is amended by removing the FUNDING AUTHORIZATION (April (Non-Department of Energy Funded
term ‘‘Work-for-Others’’ and adding in 23, 2015) Work)), or successor version’’.
its place ‘‘Strategic Partnership [FR Doc. 2015–06572 Filed 3–23–15; 8:45 am]
Projects’’. * * * * * BILLING CODE 6450–01–P
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Document Created: 2015-12-18 11:45:31
Document Modified: 2015-12-18 11:45:31
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule; technical amendment. | |
| Contact | Lawrence Butler, (202) 287-1945 or [email protected] | |
| FR Citation | 80 FR 15517 | |
| RIN Number | 1991-AC07 |
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