82 FR 8807 - Procedural Rules for DOE Nuclear Activities

DEPARTMENT OF ENERGY

Federal Register Volume 82, Issue 19 (January 31, 2017)

Page Range		8807-8807
FR Document		2017-01959

This document stays DOE regulations for the assessment of civil penalties against certain contractors and subcontractors for violations of the prohibition against an employee who reports violations of law, mismanagement, waste, abuse or dangerous/unsafe workplace conditions, among other protected activities, concerning nuclear safety.

Federal Register, Volume 82 Issue 19 (Tuesday, January 31, 2017)

[Federal Register Volume 82, Number 19 (Tuesday, January 31, 2017)]
[Rules and Regulations]
[Page 8807]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-01959]


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DEPARTMENT OF ENERGY

10 CFR Part 820

[Docket No. EA-RM-16-PRDNA]
RIN 1992-AA52


Procedural Rules for DOE Nuclear Activities

AGENCY: Office of Enterprise Assessments, Office of Enforcement, Office 
of Nuclear Safety Enforcement, Department of Energy.

ACTION: Final rule; stay of regulations.

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SUMMARY: This document stays DOE regulations for the assessment of 
civil penalties against certain contractors and subcontractors for 
violations of the prohibition against an employee who reports 
violations of law, mismanagement, waste, abuse or dangerous/unsafe 
workplace conditions, among other protected activities, concerning 
nuclear safety.

DATES: Effective January 31, 2017, 10 CFR 820.2 (the definition for 
``DOE Nuclear Safety Requirements''), 820.14, 820.20(a) and (b), and 
appendix A to part 820, section XIII, are stayed until March 21, 2017.

FOR FURTHER INFORMATION CONTACT: 
    Steven Simonson, U.S. Department of Energy, Office of Enterprise 
Assessments/Germantown Building, 1000 Independence Ave. SW., 
Washington, DC 20585-1290. Phone: (301) 903-2816. Email: 
[email protected].
    K.C. Michaels, U.S. Department of Energy, Office of the General 
Counsel, 1000 Independence Ave. SW., Washington, DC 20585-0121. Phone: 
(202) 586-3430. Email: [email protected].

SUPPLEMENTARY INFORMATION: On January 20, 2017, the Assistant to the 
President and Chief of Staff (``Chief of Staff'') issued a memorandum, 
published in the Federal Register on January 24, 2017 (82 FR 8346), 
outlining the President's plan for managing the Federal regulatory 
process at the outset of the new Administration. In implementation of 
one of the measures directed by that memorandum, the United States 
Department of Energy (``DOE'') hereby temporarily stays regulations in 
its final rule amending its procedural rules for DOE nuclear activities 
published in the Federal Register on December 27, 2016. See 81 FR 
94910. In the December 27 rule, DOE clarified that the Department may 
assess civil penalties against certain contractors and subcontractors 
for violations of the prohibition against retaliating against an 
employee who reports violations of law, mismanagement, waste, abuse, or 
dangerous/unsafe workplace conditions, among other protected 
activities, concerning nuclear safety (referred to as 
``whistleblowers''). Specifically, DOE clarified the definition of 
``DOE Nuclear Safety Requirements'' and clarified that the prohibition 
against whistleblower retaliation is a DOE Nuclear Safety Requirement 
to the extent that it concerns nuclear safety. Consistent with the 
memorandum, DOE is temporarily staying regulations in the final rule by 
an additional 60 days starting from January 20, 2017. The temporary 60-
day stay is necessary to give DOE officials the opportunity for further 
review and consideration of new regulations, consistent with the Chief 
of Staff's memorandum of January 20, 2017.
    To the extent that 5 U.S.C. 553 applies to this action, it is 
exempt from notice and comment because it constitutes a rule of 
procedure under 5 U.S.C. 553(b)(A). Alternatively, DOE's implementation 
of this action without opportunity for public comment, effective 
immediately upon publication in the Federal Register, is based on the 
good cause exceptions in 5 U.S.C. 553(b)(B) and 553(d)(3). Pursuant to 
5 U.S.C. 553(b)(B), DOE has determined that good cause exists to forego 
the requirement to provide prior notice and an opportunity for public 
comment thereon for this rule as such procedures would be 
impracticable, unnecessary and contrary to the public interest. DOE is 
temporarily staying this regulation pursuant to the previously-noted 
memorandum of the Chief of Staff and is exercising no discretion in 
implementing this specific provision of the memorandum.
    As a result, seeking public comment on this stay is unnecessary and 
contrary to the public interest. It is also impracticable given that 
the memorandum was issued on January 20, 2017 and the previous 
effective date of the rule at issue was January 26, 2017. For these 
same reasons, DOE finds good cause to waive the 30-day delay in 
effective date provided for in 5 U.S.C. 553(d).

    Issued in Washington, DC, on January 24, 2017.
John T. Lucas,
Acting General Counsel.
[FR Doc. 2017-01959 Filed 1-30-17; 8:45 am]
 BILLING CODE 6450-01-P

Federal Register / Vol. 82, No. 19 / Tuesday, January 31, 2017 / Rules and Regulations 8807

Issued in Washington, DC, on January 24, activities published in the Federal Issued in Washington, DC, on January 24,
2017. Register on December 27, 2016. See 81 2017.
John T. Lucas, FR 94910. In the December 27 rule, DOE John T. Lucas,
Acting General Counsel. clarified that the Department may assess Acting General Counsel.
[FR Doc. 2017–01958 Filed 1–30–17; 8:45 am] civil penalties against certain [FR Doc. 2017–01959 Filed 1–30–17; 8:45 am]
BILLING CODE 6450–01–P contractors and subcontractors for BILLING CODE 6450–01–P
violations of the prohibition against
retaliating against an employee who
DEPARTMENT OF ENERGY reports violations of law, FARM CREDIT ADMINISTRATION
mismanagement, waste, abuse, or
10 CFR Part 820 12 CFR Part 622
dangerous/unsafe workplace conditions,
[Docket No. EA–RM–16–PRDNA] among other protected activities, RIN 3052–AD21
RIN 1992–AA52 concerning nuclear safety (referred to as
‘‘whistleblowers’’). Specifically, DOE Rules of Practice and Procedure;
Procedural Rules for DOE Nuclear clarified the definition of ‘‘DOE Nuclear Adjusting Civil Money Penalties for
Activities Safety Requirements’’ and clarified that Inflation
AGENCY: Office of Enterprise the prohibition against whistleblower AGENCY: Farm Credit Administration.
Assessments, Office of Enforcement, retaliation is a DOE Nuclear Safety ACTION: Final rule.
Office of Nuclear Safety Enforcement, Requirement to the extent that it
Department of Energy. concerns nuclear safety. Consistent with SUMMARY: This regulation implements
ACTION: Final rule; stay of regulations.
the memorandum, DOE is temporarily inflation adjustments to civil money
staying regulations in the final rule by penalties (CMPs) that the Farm Credit
SUMMARY: This document stays DOE an additional 60 days starting from Administration (FCA) may impose or
regulations for the assessment of civil January 20, 2017. The temporary 60-day enforce pursuant to the Farm Credit Act
penalties against certain contractors and stay is necessary to give DOE officials of 1971, as amended (Farm Credit Act),
subcontractors for violations of the the opportunity for further review and and pursuant to the Flood Disaster
prohibition against an employee who consideration of new regulations, Protection Act of 1973, as amended by
reports violations of law, consistent with the Chief of Staff’s the National Flood Insurance Reform
mismanagement, waste, abuse or memorandum of January 20, 2017. Act of 1994 (Reform Act), and further
dangerous/unsafe workplace conditions, amended by the Biggert-Waters Flood
among other protected activities, To the extent that 5 U.S.C. 553 applies Insurance Reform Act of 2012 (Biggert-
concerning nuclear safety. to this action, it is exempt from notice Waters Act).
and comment because it constitutes a
DATES: Effective January 31, 2017, 10 DATES: This regulation is effective on
CFR 820.2 (the definition for ‘‘DOE rule of procedure under 5 U.S.C. January 31, 2017.
Nuclear Safety Requirements’’), 820.14, 553(b)(A). Alternatively, DOE’s
FOR FURTHER INFORMATION CONTACT:
820.20(a) and (b), and appendix A to implementation of this action without
Michael T. Wilson, Policy Analyst,
part 820, section XIII, are stayed until opportunity for public comment,
Office of Regulatory Policy, Farm Credit
March 21, 2017. effective immediately upon publication Administration, McLean, VA 22102–
FOR FURTHER INFORMATION CONTACT:
in the Federal Register, is based on the 5090, (703) 883–4124, TTY (703) 883–
Steven Simonson, U.S. Department of good cause exceptions in 5 U.S.C. 4056, or Autumn Agans, Attorney-
Energy, Office of Enterprise 553(b)(B) and 553(d)(3). Pursuant to 5 Advisor, Office of General Counsel,
Assessments/Germantown Building, U.S.C. 553(b)(B), DOE has determined Farm Credit Administration, McLean,
1000 Independence Ave. SW., that good cause exists to forego the VA 22102–5090, (703) 883–4082, TTY
Washington, DC 20585–1290. Phone: requirement to provide prior notice and (703) 883–4056.
(301) 903–2816. Email: an opportunity for public comment SUPPLEMENTARY INFORMATION:
Steven.Simonson@hq.doe.gov. thereon for this rule as such procedures
K.C. Michaels, U.S. Department of would be impracticable, unnecessary I. Objective
Energy, Office of the General Counsel, and contrary to the public interest. DOE The objective of this regulation is to
1000 Independence Ave. SW., is temporarily staying this regulation adjust the maximum CMPs for inflation
Washington, DC 20585–0121. Phone: pursuant to the previously-noted through a final rulemaking to retain the
(202) 586–3430. Email: memorandum of the Chief of Staff and deterrent effect of such penalties.
Kenneth.Michaels@hq.doe.gov. is exercising no discretion in
SUPPLEMENTARY INFORMATION: On
II. Background
implementing this specific provision of
January 20, 2017, the Assistant to the the memorandum. A. Introduction
President and Chief of Staff (‘‘Chief of Section 3(2) of the 1990 Act, as
As a result, seeking public comment
Staff’’) issued a memorandum, amended, defines a civil monetary
on this stay is unnecessary and contrary
published in the Federal Register on penalty 1 as any penalty, fine, or other
January 24, 2017 (82 FR 8346), outlining to the public interest. It is also
impracticable given that the sanction that: (1) Either is for a specific
the President’s plan for managing the
monetary amount as provided by
asabaliauskas on DSK3SPTVN1PROD with RULES

Federal regulatory process at the outset memorandum was issued on January 20,
of the new Administration. In 2017 and the previous effective date of
1 Note: While the 1990 Act, as amended by 1996
implementation of one of the measures the rule at issue was January 26, 2017. and 2015 Acts, uses the term ‘‘civil monetary
directed by that memorandum, the For these same reasons, DOE finds good penalties’’ for these penalties or other sanctions, the
United States Department of Energy cause to waive the 30-day delay in Farm Credit Act and the FCA Regulations use the
effective date provided for in 5 U.S.C. term ‘‘civil money penalties.’’ Both terms have the
(‘‘DOE’’) hereby temporarily stays same meaning. Accordingly, this rule uses the term
regulations in its final rule amending its 553(d). civil money penalty, and both terms may be used
procedural rules for DOE nuclear interchangeably.

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Document Created: 2017-01-31 00:20:13
Document Modified: 2017-01-31 00:20:13

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; stay of regulations.
Dates		Effective January 31, 2017, 10 CFR 820.2 (the definition for ``DOE Nuclear Safety Requirements''), 820.14, 820.20(a) and (b), and appendix A to part 820, section XIII, are stayed until March 21, 2017.
Contact		Steven Simonson, U.S. Department of Energy, Office of Enterprise Assessments/Germantown Building, 1000 Independence Ave. SW., Washington, DC 20585-1290. Phone: (301) 903-2816. Email: [email protected]
FR Citation		82 FR 8807
RIN Number		1992-AA52