80 FR 57080 - Medical, Physical Readiness, Training, and Access Authorization Standards for Protective Force Personnel

DEPARTMENT OF ENERGY

Federal Register Volume 80, Issue 183 (September 22, 2015)

Page Range		57080-57083
FR Document		2015-24083
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.
Federal Register, Volume 80 Issue 183 (Tuesday, September 22, 2015)
[Federal Register Volume 80, Number 183 (Tuesday, September 22, 2015)]
[Rules and Regulations]
[Pages 57080-57083]
From the Federal Register Online  [www.thefederalregister.org]
[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.

-----------------------------------------------------------------------

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]
 BILLING CODE 6450-01-P
57080 Federal Register / Vol. 80, No. 183 / Tuesday, September 22, 2015 / Rules and Regulations

States Department of Justice a report of DEPARTMENT OF ENERGY I. Background
its activities relating to the Freedom of Pursuant to the Atomic Energy Act of
Information Act (FOIA) during the 10 CFR Part 1046
1954 (42 U.S.C. 2011 et seq.) and the
preceding fiscal year. The report will RIN 1992–AA40 DOE Organization Act of 1977 (42
include the information required by 5 U.S.C. 7101 et seq.), DOE owns and
U.S.C. 552(e). Medical, Physical Readiness, Training, leases defense nuclear and other
and Access Authorization Standards facilities in various locations in the
Subpart G—Fees for the Reproduction for Protective Force Personnel United States. These facilities are
and Mailing of Public Financial operated by DOE or by contractors
AGENCY: Office of Environment, Health,
Disclosure Reports (including subcontractors at all tiers)
Safety and Security, Department of
Energy. with DOE oversight. Protection of the
§ 2604.701 Policy.
DOE facilities is provided by armed and
ACTION: Final rule.
Fees for the reproduction and mailing unarmed PF personnel employed by
of public financial disclosure reports SUMMARY: On September 10, 2013, the Federal Government contractors. These
requested pursuant to section 105 of the Department of Energy (DOE or PF personnel are required to perform
Ethics in Government Act of 1978, as Department) issued in the Federal both routine and emergency duties,
amended, and § 2634.603 of this chapter Register a revision to its regulations which include patrolling DOE sites,
will be assessed according to the governing the standards for medical, manning security posts, protecting
schedule contained in § 2604.702. physical performance, training, and government and contractor employees,
Requesters will pay fees by check or access authorizations for protective property, and sensitive and classified
money order made payable to the force (PF) personnel employed by information, training for potential crisis
Treasury of the United States. Except as contractors providing security services or emergency situations, and responding
provided in § 2604.702(d), nothing to the Department. Subsequently, the to security incidents. PF personnel are
concerning fees in subpart E of this part DOE created a new Office of required to meet various job-related
Environment, Health, Safety and minimum medical and physical
supersedes the charges set forth in this
Security (AU) to improve the readiness qualification standards
subpart for records covered in this
effectiveness and efficiency of its designed to ensure they are capable of
subpart. performing all essential functions of
environmental, health, safety and
§ 2604.702 Charges. security policy. Certain functions that normal and emergency PF duties
previously were carried out by the without posing a direct threat to
(a) Duplication. Except as provided in Office of Health, Safety and Security themselves or others. DOE’s regulations
paragraph (c) of this section, copies of have been transferred to the new office. in 10 CFR part 1046 establish the
public financial disclosure reports This final rule makes technical medical, physical readiness, training
requested pursuant to section 105 of the amendments to DOE’s regulations to and performance standards for
Ethics in Government Act of 1978, as substitute the officials to whom or contractor PF personnel.
amended, and § 2634.603 of this chapter offices to which functions have been On September 10, 2013, DOE issued
will be provided upon payment of $0.15 transferred pursuant to the in the Federal Register a revision to its
per page furnished. reorganization. Today’s regulatory regulations at 10 CFR part 1046 (78 FR
(b) Mailing. Except as provided in amendments do not alter substantive 55174). Subsequently, on May 4, 2014,
paragraph (c) of this section, the actual rights or obligations under current law. DOE created a new office, AU, to
DATES: The effective date of this rule is
improve the effectiveness and efficiency
direct cost of mailing public financial
September 22, 2015. of its environment, health, safety and
disclosure reports will be charged for all
security policy. DOE transferred certain
forms requested. Where OGE elects to FOR FURTHER INFORMATION CONTACT:
health, safety and security functions to
comply, as a matter of administrative Mr. Richard Faiver, Office of Security
the new office that previously were
discretion, with a request for special Policy at (301) 903–4613;
carried out by the Office of Health,
mailing services, the actual direct cost Richard.Faiver@hq.doe.gov.
Safety and Security. This final rule
of such service will be charged. SUPPLEMENTARY INFORMATION: amends 10 CFR part 1046 to reflect
(c) Minimum fees. OGE will not assess I. Background DOE’s new organizational structure.
fees for individual requests if the total II. Section by Section Analysis None of the regulatory amendments in
charge would be $10.00 or less. III. Regulatory Review and Procedural this final rule alter substantive rights or
Requirements obligations under current law. The
(d) Miscellaneous fee provisions. The A. Review Under the Administrative
modifications to 10 CFR part 1046 are
miscellaneous fee provisions set forth in Procedure Act
B. Review Under Executive Order 12866 described in the Section by Section
§ 2604.504 apply to requests for public
C. Review Under the Regulatory Flexibility Analysis in section II.
financial disclosure reports pursuant to
Act II. Section by Section Analysis
§ 2634.603 of this chapter.
D. Review Under Paperwork Reduction Act
[FR Doc. 2015–23561 Filed 9–21–15; 8:45 am] E. Review Under the National In this final rule, the Office of Health,
BILLING CODE 6345–03–P Environmental Policy Act Safety and Security organization has
F. Review Under Executive Order 13132 been renamed to the Office of
G. Review Under Executive Order 12988 Environment, Health, Safety and
H. Review Under the Unfunded Mandates Security. The position title of Chief
Lhorne on DSK5TPTVN1PROD with RULES

Reform Act of 1995 Health, Safety and Security Officer has
I. Review Under Executive Order 13211
J. Review Under the Treasury and General
been renamed to the Associate Under
Government Appropriations Act of 1999 Secretary for the Office of Environment,
K. Congressional Notification Health, Safety and Security. DOE has
L. Approval by the Office of the Secretary removed reference(s) to the Chief
of Energy Medical Officer and, where appropriate,

VerDate Sep<11>2014 13:50 Sep 21, 2015 Jkt 235001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\22SER1.SGM 22SER1
Federal Register / Vol. 80, No. 183 / Tuesday, September 22, 2015 / Rules and Regulations 57081

added position title of Associate Under B. Review Under Executive Order 12866 D. Review Under Paperwork Reduction
Secretary for the Office of Environment, Act
Health, Safety and Security in its place. This action does not constitute a
‘‘significant regulatory action’’ as No new information collection
Sections that have been revised requirements subject to the Paperwork
pursuant to the reorganization described defined in section 3(f) of Executive
Order 12866, ‘‘Regulatory Planning and Reduction Act, 44 U.S.C. 3501 et seq.,
above are listed below. Sections not are imposed by this regulatory action.
discussed below have not changed as a Review’’ (58 FR 51735).
result of this final rule. C. Review Under the Regulatory E. Review Under the National
Flexibility Act Environmental Policy Act
Subpart A—General
This rule amends existing policies
1. Changes for § 1046.2, Scope, revises The Regulatory Flexibility Act (5 and procedures establishing medical
the language of this section to identify U.S.C. 601 et seq.) requires preparation and physical readiness standards for
new organizational names and position of a regulatory flexibility analysis for DOE PF personnel and has no
titles. any rule that by law must be proposed significant environmental impact.
2. Changes for § 1046.3, Definitions, for public comment, unless the agency Consequently, the Department has
revises the language of this section only certifies that the rule, if promulgated, determined that this rule is covered
to identify new organizational names will not have a significant economic under Categorical Exclusion A–5, of
and position titles. impact on a substantial number of small Appendix A to Subpart D, 10 CFR part
3. Changes for § 1046.4, Physical entities. As required by Executive Order 1021, which applies to a rulemaking
Protection Medical Director, revises the 13272, ‘‘Proper Consideration of Small that addresses amending an existing
language of this section only to identify Entities in Agency Rulemaking’’ (67 FR rule or regulation that does not change
new organizational names and position 53461, Aug. 16, 2002), DOE published the environmental effect of the rule or
titles. procedures and policies on February 19, regulation being amended. Accordingly,
4. Changes for § 1046.5, Designated 2003, to ensure that the potential neither an environmental assessment
Physician, revises the language of this impacts of its rules on small entities are nor an environmental impact statement
section only to identify new properly considered during the is required.
organizational names and position titles. rulemaking process. DOE has made its
procedures and policies available on the F. Review Under Executive Order 13132
Subpart B—PF Personnel Office of the General Counsel’s Web site Executive Order 13132, ‘‘Federalism,’’
5. Changes for § 1046.13, Medical (http://www.energy.gov/gc/office- (64 FR 43255, August 4, 1999), imposes
certification standards and procedures, general-counsel). certain requirements on agencies
revises the language of this section only Because this rule is not required by formulating and implementing policies
to identify new organizational names law to be proposed for public comment, or regulations that preempt State law or
and position titles. the analytical requirements of the that have federalism implications.
6. Changes for § 1046.15, Review of Regulatory Flexibility Act do not apply. Agencies are required to develop a
medical certification disqualification, DOE has, however, reviewed today’s formal process to ensure meaningful
revises the language of this section only rule under the Regulatory Flexibility and timely input by State and local
to identify new organizational names Act and determined that the rule would officials in the development of
and position titles. not have a significant impact on a regulatory policies that have
7. Changes for § 1046.17, Training substantial number of small entities. ‘‘federalism implications.’’ Policies that
standards and procedures, revises the This action would amend an existing have federalism implications are
language of this section only to identify rule which establishes medical and defined in the Executive Order to
new organizational names and position physical training requirements and include regulations that have
titles. standards for DOE PF personnel. The ‘‘substantial direct effects on the States,
medical and physical training on the relationship between the national
III. Rulemaking Requirements government and the States, or on the
requirements and standards affect
A. Review Under the Administrative distribution of power and
approximately twenty private firms
Procedure Act responsibilities among the various
(e.g., integrated Management and
levels of government.’’ On March 7,
This action amends the PF regulations Operating contractors, security services
2011, DOE published a statement of
at 10 CFR part 1046 only to identify new contractors, and subcontractors) at the
policy describing the intergovernmental
organizational names and position titles Department’s facilities around the
consultation process it will follow in the
resulting from a reorganization of DOE’s United States. Some of those firms
development of such regulations (65 FR
Office of Health, Safety and Security, which provide protective services are
13735, March 14, 2000).
which is now known as AU. The rule classified under NAICS Code 561612, DOE has examined this rule and has
has no substantive effect on the Security Guards and Patrol Services. To determined that it does not have a
standards for medical, physical be classified as a small business, they substantial direct effect on the States, on
performance, training and access must have average annual receipts of the relationship between the national
authorizations for PF personnel $18.5 million or less. Some of the government and the States, or on the
employed by contractors providing private firms affected by these standards distribution of power and
security services to the Department. and requirements would be classified as responsibilities among the various
Therefore, DOE has determined that small businesses. levels of government. No further action
prior opportunity for public notice and Because today’s action identifies only is required by Executive Order 13132.
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comment is unnecessary and contrary to organizational changes, the impact on
the public interest pursuant to 5 U.S.C. these firms will not be significant. For G. Review Under Executive Order 12988
553(b)(B). For these same reasons, DOE this reason, DOE determines the rule Section 3 of Executive Order 12988,
has determined that it is appropriate to will not have a significant economic (61 FR 4729, February 7, 1996), instructs
waive the 30-day delay in effective date impact on a substantial number of small each agency to adhere to certain
pursuant to 5 U.S.C. 553(d). entities. requirements in promulgating new

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57082 Federal Register / Vol. 80, No. 183 / Tuesday, September 22, 2015 / Rules and Regulations

regulations. These requirements, set I. Review Under Executive Order 13211 List of Subjects in 10 CFR Part 1046
forth in section 3(a) and (b), include Government contracts, Reporting and
Executive Order 13211, ‘‘Actions
eliminating drafting errors and needless recordkeeping requirements, Security
Concerning Regulations That
ambiguity, drafting the regulations to measures.
Significantly Affect Energy Supply,
minimize litigation, providing clear and Distribution, or Use,’’ (66 FR 28355, Issued in Washington, DC, on September 1,
certain legal standards for affected legal May 22, 2001) requires Federal agencies 2015.
conduct, and promoting simplification to prepare and submit to the Office of Elizabeth Sherwood-Randall,
and burden reduction. Agencies are also Information and Regulatory Affairs Deputy Secretary of Energy.
instructed to make every reasonable (OIRA), Office of Management and For the reasons set out in the
effort to ensure that the regulation Budget, a Statement of Energy Effects for preamble, DOE amends part 1046 of title
describes any administrative proceeding any proposed significant energy action. 10 of the Code of Federal Regulations as
to be available prior to judicial review A ‘‘significant energy action’’ is defined set forth below:
and any provisions for the exhaustion of as any action by an agency that
administrative remedies. The promulgates or is expected to lead to the PART 1046—MEDICAL, PHYSICAL
Department has determined that this promulgation of a final rule, and that: READINESS, TRAINING, AND ACCESS
regulatory action meets the (1) Is a significant regulatory action AUTHORIZATION STANDARDS FOR
requirements of section 3(a) and (b) of under Executive Order 12866, or any PROTECTIVE FORCE PERSONNEL
Executive Order 12988. successor order; and (2) is likely to have
a significant adverse effect on the ■ 1. The authority citation for part 1046
H. Review Under the Unfunded continues to read as follows:
supply, distribution, or use of energy; or
Mandates Reform Act of 1995 (3) is designated by the Administrator of Authority: 42 U.S.C. 2011, et seq.; 42
OIRA as a significant energy action. For U.S.C. 7101, et seq.; 50 U.S.C. 2401, et seq.
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA) requires any proposed significant energy action,
the agency must give a detailed § 1046.2 [Amended]
each Federal agency to assess the effects
of Federal regulatory action on state, statement of any adverse effects on ■ 2. Section 1046.2 is amended:
local and tribal governments, and the energy supply, distribution, or use ■ a. In paragraph (c) by removing ‘‘Chief
private sector. For proposed regulatory should the proposal be implemented, Health, Safety and Security Officer’’ and
and of reasonable alternates to the adding in its place ‘‘Associate Under
actions likely to result in a rule that may
action and their expected benefits on Secretary for the Office of Environment,
cause expenditures by State, local, and
energy supply, distribution, and use. Health, Safety and Security (AU–1)’’;
Tribal governments, in the aggregate, or
This rule is not a significant energy ■ b. In paragraph (d), second sentence,
by the private sector of $100 million or
action, nor has it been designated as by removing ‘‘the Office of Health,
more in any one year (adjusted annually Safety and Security’’ and adding in its
for inflation), section 202 of UMRA such by the Administrator of OIRA.
Accordingly, DOE has not prepared a place ‘‘AU’’; and in the third sentence,
requires a Federal agency to publish by removing ‘‘The Office of Health,
estimates of the resulting costs, benefits, Statement of Energy Effects.
Safety and Security’’ and adding in its
and other effects on the national J. Review Under the Treasury and place ‘‘AU–1’’; and
economy. UMRA also requires Federal General Government Appropriations ■ c. In paragraph (e) by removing ‘‘the
agencies to develop an effective process Act, 1999 Chief Health, Safety and Security
to permit timely input by elected Officer’’ and adding in its place ‘‘the
Section 654 of the Treasury and
officers of State, local, and Tribal Associate Under Secretary for
General Government Appropriations
governments on a proposed ‘‘significant Environment, Health, Safety and
Act, 1999 (Pub. L. 105–277) requires
intergovernmental mandate.’’ In Security’’.
Federal agencies to issue a Family
addition, UMRA requires an agency Policymaking Assessment for any
plan for giving notice and opportunity § 1046.3 [Amended]
proposed rule or policy that may affect
for timely input to small governments ■ 3. In § 1046.3, the definition of
family well-being. Today’s rule would
that may be affected before establishing ‘‘Designated Physician’’ is amended by
not have any impact on the autonomy
a requirement that might significantly or removing ‘‘The Office of Health, Safety
or integrity of the family as an
uniquely affect them. On March 18, and Security’’ and adding in its place
institution. Accordingly, DOE has
1997, DOE published a statement of ‘‘AU–1’’, and the definition of
concluded that it is not necessary to
policy on its process for ‘‘Weapons proficiency demonstration’’
prepare a Family Policymaking
intergovernmental consultation under is amended by removing ‘‘the Office of
Assessment.
UMRA (62 FR 12820, March 18, 1997). Health, Safety and Security’’ and adding
(This policy is also available at http:// K. Congressional Notification in its place ‘‘AU–1’’.
www.energy.gov/gc/office-general- As required by 5 U.S.C. 801, DOE will § 1046.4 [Amended]
counsel.) Today’s rule contains neither submit to Congress a report regarding ■ 4. Section 1046.4 is amended in:
an intergovernmental mandate, nor a the issuance of this final rule prior to ■ a. Paragraphs (a)(1) introductory text,
mandate that may result in the the effective date set forth at the outset (a)(1)(iv), (a)(2), (a)(3), (b) introductory
expenditure of $100 million or more in of this rulemaking. The report will state text, (d)(1) introductory text, and (d)(2)
any year, so these requirements do not that it has been determined that the rule by removing ‘‘the Office of Health,
apply. The rule would identify only is not a ‘‘major rule’’ as defined by 5 Safety and Security’’ and adding in its
Lhorne on DSK5TPTVN1PROD with RULES

organizational changes resulting from a U.S.C. 801(2). place ‘‘AU–1’’;
reorganization of DOE’s Office of ■ b. Paragraph (e), by removing ‘‘The
L. Approval by the Office of the
Health, Safety and Security, which is Office of Health, Safety and Security’’
Secretary of Energy.
now AU. The impact is not likely to and adding in its place ‘‘AU–1’’;
result in the expenditure of $100 The Office of the Secretary of Energy ■ c. Paragraph (f), by removing ‘‘the
million or more in any one year. has approved issuance of this final rule. Office of Health, Safety and Security’’,

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Document Created: 2015-12-15 09:35:39
Document Modified: 2015-12-15 09:35:39
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.
Dates		The effective date of this rule is September 22, 2015.
Contact		Mr. Richard Faiver, Office of Security Policy at (301) 903-4613; [email protected]
FR Citation		80 FR 57080
RIN Number		1992-AA40
CFR Associated		Government Contracts; Reporting and Recordkeeping Requirements and Security Measures