83 FR 49374 - Adjustment of Indemnification Amount for Inflation
DEPARTMENT OF ENERGY Federal Register Volume 83, Issue 190 (October 1, 2018)
Federal Register Volume 83, Issue 190 (October 1, 2018)
| Page Range | 49374-49375 | |
| FR Document | 2018-21293 |
[Federal Register Volume 83, Number 190 (Monday, October 1, 2018)] [Notices] [Pages 49374-49375] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-21293] ----------------------------------------------------------------------- DEPARTMENT OF ENERGY Adjustment of Indemnification Amount for Inflation AGENCY: Office of the General Counsel, U.S. Department of Energy. ACTION: Notice of adjusted indemnification amount. ----------------------------------------------------------------------- [[Page 49375]] SUMMARY: The Department of Energy (DOE) is announcing the adjusted amount of indemnification provided under subsection 170d. of the Atomic Energy Act of 1954 (AEA), commonly known as the Price-Anderson Act. Subsection 170t. of the AEA requires an inflation adjustment of the indemnification amount at least once during each 5-year period following July 1, 2003, in accordance with the aggregate percentage change in the Consumer Price Index (CPI) . This notice announces $13,703,464,000 as the third inflation-adjusted indemnification amount based on the aggregate percentage change in the CPI during the 5-year period from July 1, 2013 to July 1, 2018. DATES: This action is effective on October 1, 2018. FOR FURTHER INFORMATION CONTACT: Heather Thacker, Attorney Advisor (GC- 72), Office of the General Counsel, U.S. Department of Energy, 1000 Independence Ave. SW, Washington, DC 20585, (202) 586-6924. SUPPLEMENTARY INFORMATION: The Price-Anderson Act (PAA), section 170 of the AEA (42 U.S.C. 2210), establishes a system of financial protection for persons who may be liable for a ``nuclear incident,'' as defined in section 11q. of the AEA (42 U.S.C. 2014q.). The Price-Anderson Act is administered by DOE with respect to the nuclear activities of contractors acting on DOE's behalf. Subsection 170d. provides that the Secretary of Energy shall enter into agreements of indemnification with any person who may conduct activities under a contract with DOE that involve the risk of public liability and that are not subject to the financial protection requirements of the Nuclear Regulatory Commission system. DOE's Price-Anderson Act indemnification contract provisions are codified in the Department of Energy Acquisition Regulation (DEAR), which sets forth a standard nuclear indemnification clause, the Nuclear Hazard Indemnity Clause at 48 CFR 952.250-70, that is incorporated into all DOE contracts and subcontracts in which the contractor is under risk of public liability for a nuclear incident or precautionary evacuation, as those terms are defined in the PAA. Subsection 170t.(2) of the AEA requires that the Secretary adjust for inflation the amount of indemnification provided under an indemnification agreement pursuant to subsection 170d. at least once during each 5-year period following July 1, 2003, in accordance with the aggregate percentage change in the Consumer Price Index (CPI). The CPI is defined in subsection 170t.(3) to mean the CPI for all urban consumers published by the Secretary of Labor. DOE's initial adjustment increased the indemnification amount to $11.961 billion. 74 FR 52793 (October 14, 2009). The second inflation adjustment, for the period following July 1, 2013, increased the indemnification amount to $12,697,798,000. 78 FR 56868 (September 16, 2013). This notice announces DOE's third periodic inflation adjustment for the 5-year period following July 1, 2018 based on the aggregate percentage change in the CPI between July 1, 2013 and July 1, 2018. The CPI used to calculate the inflation adjustment for the period following July 1, 2013 was 233.504 (June 2013). The CPI used to calculate the inflation adjustment that is the subject of this Notice is 251.989 (June 2018). This difference represents an increase of approximately 7.92%. Application of this increase to the current DOE indemnification amount results in an inflation-adjusted indemnification amount rounded to the nearest thousand of $13,703,464,000. The inflation adjustment under AEA, subsection 170t., applies only to a nuclear incident within the United States. There is no corresponding inflation adjustment for a nuclear incident outside the United States. Accordingly, the indemnification amount for a nuclear incident outside the United States continues to be $500 million. This notice of adjusted indemnification amount is a ``rule'' as defined in the Administrative Procedure Act (APA) (5 U.S.C. 551(4)). However, the APA (5 U.S.C. 553(b)(B)) does not require an agency to seek comment on a proposed rule prior to publishing a final rule ``when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefore in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.'' In this instance, DOE has concluded that solicitation of public comment is unnecessary. Congress has required DOE to adjust the amount of indemnification provided under an agreement of indemnification pursuant to section 170d. to reflect inflation in the initial and each subsequent 5-year period following July 1, 2003. The statute provides no discretion regarding the substance of the adjustment. DOE is required only to perform a ministerial computation to determine the relevant amount. On the same basis, DOE finds good cause, pursuant to 5 U.S.C. 553(d)(3) to waive the requirement for a 30-day delay in the effective date for this rule. As such, this rule is effective October 1, 2018. DOE has determined that this notice of adjusted indemnification amount is the type of action that does not individually or cumulatively have a significant impact on the human environment as set forth in DOE's regulations implementing the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). Specifically, the rule is covered under the categorical exclusion in paragraph A6 of Appendix A to subpart D, 10 CFR part 1021, which applies to rulemakings that are strictly procedural. Accordingly, neither an environmental assessment nor an environmental impact statement is required. 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. The Department has made its procedures and policies available on the Office of General Counsel's website: http://energy.gov/gc/office-general-counsel. Because DOE, in this final rule, is performing only a ministerial computation to determine the relevant indemnification amount as required by Congress, a general notice of proposed rulemaking is not required, and the analytical requirements of the Regulatory Flexibility Act do not apply to this rulemaking. Signed in Washington, DC, on September 24, 2018. Theodore J. Garrish, General Counsel, Acting. [FR Doc. 2018-21293 Filed 9-28-18; 8:45 am] BILLING CODE 6450-01-P
![49374 Federal Register / Vol. 83, No. 190 / Monday, October 1, 2018 / Notices
volumes exported under Corpus of Natural Gas From the United States, address listed in ADDRESSES. All filings
Christi’s existing long-term export 79 FR 48132 (Aug. 15, 2014); 4 and must include a reference to FE Docket
authorizations, will not exceed the • Life Cycle Greenhouse Gas No. 18–137–LNG. PLEASE NOTE: If
maximum volumes approved under Perspective on Exporting Liquefied submitting a filing via email, please
those DOE/FE authorizations in any Natural Gas From the United States, 79 include all related documents and
annual (i.e., consecutive 12-month) FR 32260 (June 4, 2014).5 attachments (e.g., exhibits) in the
period. Parties that may oppose this original email correspondence. Please
Application should address these issues do not include any active hyperlinks or
DOE/FE Evaluation
and documents in their comments and/ password protection in any of the
This Notice applies only to the or protests, as well as other issues documents or attachments related to the
portion of the Application requesting deemed relevant to the Application. filing. All electronic filings submitted to
authority to export LNG to non-FTA The National Environmental Policy DOE must follow these guidelines to
countries pursuant to section 3(a) of the Act (NEPA), 42 U.S.C. 4321 et seq., ensure that all documents are filed in a
NGA, 15 U.S.C. 717b(a). DOE/FE will requires DOE to give appropriate timely manner. Any hardcopy filing
review Corpus Christi’s request for a consideration to the environmental submitted greater in length than 50
FTA export authorization separately effects of its proposed decisions. Corpus pages must also include, at the time of
pursuant to section 3(c) of the NGA, 15 Christi states that no changes to the the filing, a digital copy on disk of the
U.S.C. 717b(c). Liquefaction Project will be required for entire submission.
In reviewing Corpus Christ’s request the short-term exports requested in the A decisional record on the
for a non-FTA export authorization, Application. No final decision will be Application will be developed through
DOE will consider any issues required issued in this proceeding until DOE has responses to this Notice by parties,
by law or policy. DOE will consider met its environmental responsibilities. including the parties’ written comments
domestic need for the natural gas, as Public Comment Procedures and replies thereto. Additional
well as any other issues determined to procedures will be used as necessary to
In response to this Notice, any person
be appropriate, including whether the achieve a complete understanding of the
may file a protest, comments, or a
arrangement is consistent with DOE’s facts and issues. If an additional
motion to intervene or notice of
policy of promoting competition in the procedure is scheduled, notice will be
intervention, as applicable. Interested
marketplace by allowing commercial provided to all parties. If no party
parties will be provided 30 days from
parties to freely negotiate their own requests additional procedures, a final
the date of publication of this Notice in
trade arrangements. As part of this Opinion and Order may be issued based
which to submit comments, protests,
analysis, DOE will consider one or more on the official record, including the
motions to intervene, or notices of
of the following studies examining the Application and responses filed by
intervention.
cumulative impacts of exporting Any person wishing to become a party parties pursuant to this Notice, in
domestically produced LNG: to the proceeding must file a motion to accordance with 10 CFR 590.316.
• Effect of Increased Levels of intervene or notice of intervention. The The Application is available for
Liquefied Natural Gas on U.S. Energy filing of comments or a protest with inspection and copying in the Office of
Markets, conducted by the U.S. Energy respect to the Application will not serve Regulation, Analysis, and Engagement
Information Administration upon DOE’s to make the commenter or protestant a docket room, Room 3E–042, 1000
request (2014 EIA LNG Export Study); 1 party to the proceeding, although Independence Avenue SW, Washington,
• The Macroeconomic Impact of protests and comments received from DC 20585. The docket room is open
Increasing U.S. LNG Exports, conducted persons who are not parties will be between the hours of 8:00 a.m. and 4:30
jointly by the Center for Energy Studies considered in determining the p.m., Monday through Friday, except
at Rice University’s Baker Institute for appropriate action to be taken on the Federal holidays. The Application and
Public Policy and Oxford Economics, on Application. All protests, comments, any filed protests, motions to intervene,
behalf of DOE (2015 LNG Export motions to intervene, or notices of notices of interventions, and comments
Study); 2 and intervention must meet the will also be available electronically by
requirements specified by the going to the following DOE/FE Web
• Macroeconomic Outcomes of
regulations in 10 CFR part 590. address: http://www.fe.doe.gov/
Market Determined Levels of U.S. LNG
Filings may be submitted using one of programs/gasregulation/index.html.
Exports, conducted by NERA Economic
Consulting on behalf of DOE (2018 LNG the following methods: (1) Emailing the Signed in Washington, DC, on September
Export Study).3 filing to fergas@hq.doe.gov, with FE 24, 2018.
Docket No. 18–137–LNG in the title Amy Sweeney,
Additionally, DOE will consider the line; (2) mailing an original and three
following environmental documents: Director, Division of Natural Gas, Office of
paper copies of the filing to the Office Fossil Energy.
• Addendum to Environmental of Regulation, Analysis, and [FR Doc. 2018–21269 Filed 9–28–18; 8:45 am]
Review Documents Concerning Exports Engagement at the address listed in BILLING CODE 6450–01–P
ADDRESSES; or (3) hand delivering an
1 The 2014 EIA LNG Export Study, published on original and three paper copies of the
Oct. 29, 2014, is available at: https://www.eia.gov/
analysis/requests/fe/.
filing to the Office of Regulation, DEPARTMENT OF ENERGY
2 The 2015 LNG Export Study, dated Oct. 29, Analysis, and Engagement at the
Adjustment of Indemnification Amount
amozie on DSK3GDR082PROD with NOTICES
2015, is available at: http://energy.gov/sites/prod/
files/2015/12/f27/20151113_macro_impact_of_lng_ 4 The Addendum and related documents are for Inflation
exports_0.pdf. available at: http://energy.gov/fe/draft-addendum-
3 The 2018 LNG Export Study, dated June 7, 2018, environmental-review-documents-concerning- AGENCY: Office of the General Counsel,
is available at: https://www.energy.gov/sites/prod/ exports-natural-gas-united-states.
U.S. Department of Energy.
files/2018/06/f52/Macroeconomic%20LNG%20 5 The Life Cycle Greenhouse Gas Report is
Export%20Study%202018.pdf. DOE is currently available at: http://energy.gov/fe/life-cycle- Notice of adjusted
ACTION:
evaluating public comments received on this Study greenhouse-gas-perspective-exporting-liquefied- indemnification amount.
(83 FR 27314). natural-gas-united-states.
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![Federal Register / Vol. 83, No. 190 / Monday, October 1, 2018 / Notices 49375
SUMMARY: The Department of Energy is defined in subsection 170t.(3) to mean the requirement for a 30-day delay in
(DOE) is announcing the adjusted the CPI for all urban consumers the effective date for this rule. As such,
amount of indemnification provided published by the Secretary of Labor. this rule is effective October 1, 2018.
under subsection 170d. of the Atomic DOE’s initial adjustment increased the DOE has determined that this notice
Energy Act of 1954 (AEA), commonly indemnification amount to $11.961
of adjusted indemnification amount is
known as the Price-Anderson Act. billion. 74 FR 52793 (October 14, 2009).
the type of action that does not
Subsection 170t. of the AEA requires an The second inflation adjustment, for the
inflation adjustment of the period following July 1, 2013, increased individually or cumulatively have a
indemnification amount at least once the indemnification amount to significant impact on the human
during each 5-year period following July $12,697,798,000. 78 FR 56868 environment as set forth in DOE’s
1, 2003, in accordance with the (September 16, 2013). regulations implementing the National
aggregate percentage change in the This notice announces DOE’s third Environmental Policy Act of 1969 (42
Consumer Price Index (CPI) . This periodic inflation adjustment for the 5- U.S.C. 4321 et seq.). Specifically, the
notice announces $13,703,464,000 as year period following July 1, 2018 based rule is covered under the categorical
the third inflation-adjusted on the aggregate percentage change in exclusion in paragraph A6 of Appendix
indemnification amount based on the the CPI between July 1, 2013 and July A to subpart D, 10 CFR part 1021, which
aggregate percentage change in the CPI 1, 2018. applies to rulemakings that are strictly
during the 5-year period from July 1, The CPI used to calculate the inflation procedural. Accordingly, neither an
2013 to July 1, 2018. adjustment for the period following July environmental assessment nor an
DATES: This action is effective on
1, 2013 was 233.504 (June 2013). The environmental impact statement is
October 1, 2018. CPI used to calculate the inflation required.
adjustment that is the subject of this
FOR FURTHER INFORMATION CONTACT: The Regulatory Flexibility Act (5
Notice is 251.989 (June 2018). This
Heather Thacker, Attorney Advisor U.S.C. 601 et seq.) requires preparation
difference represents an increase of
(GC–72), Office of the General Counsel, of an initial regulatory flexibility
approximately 7.92%. Application of
U.S. Department of Energy, 1000 this increase to the current DOE analysis for any rule that by law must
Independence Ave. SW, Washington, indemnification amount results in an be proposed for public comment, unless
DC 20585, (202) 586–6924. inflation-adjusted indemnification the agency certifies that the rule, if
SUPPLEMENTARY INFORMATION: The Price- amount rounded to the nearest thousand promulgated, will not have a significant
Anderson Act (PAA), section 170 of the of $13,703,464,000. economic impact on a substantial
AEA (42 U.S.C. 2210), establishes a The inflation adjustment under AEA, number of small entities. As required by
system of financial protection for subsection 170t., applies only to a Executive Order 13272, ‘‘Proper
persons who may be liable for a nuclear incident within the United Consideration of Small Entities in
‘‘nuclear incident,’’ as defined in States. There is no corresponding Agency Rulemaking,’’ 67 FR 53461
section 11q. of the AEA (42 U.S.C. inflation adjustment for a nuclear
2014q.). The Price-Anderson Act is (August 16, 2002), DOE published
incident outside the United States. procedures and policies on February 19,
administered by DOE with respect to the Accordingly, the indemnification
nuclear activities of contractors acting 2003, to ensure that the potential
amount for a nuclear incident outside
on DOE’s behalf. Subsection 170d. the United States continues to be $500 impacts of its rules on small entities are
provides that the Secretary of Energy million. properly considered during the
shall enter into agreements of This notice of adjusted rulemaking process. 68 FR 7990. The
indemnification with any person who indemnification amount is a ‘‘rule’’ as Department has made its procedures
may conduct activities under a contract defined in the Administrative Procedure and policies available on the Office of
with DOE that involve the risk of public Act (APA) (5 U.S.C. 551(4)). However, General Counsel’s website: http://
liability and that are not subject to the the APA (5 U.S.C. 553(b)(B)) does not energy.gov/gc/office-general-counsel.
financial protection requirements of the require an agency to seek comment on Because DOE, in this final rule, is
Nuclear Regulatory Commission system. a proposed rule prior to publishing a performing only a ministerial
DOE’s Price-Anderson Act final rule ‘‘when the agency for good computation to determine the relevant
indemnification contract provisions are cause finds (and incorporates the indemnification amount as required by
codified in the Department of Energy finding and a brief statement of reasons Congress, a general notice of proposed
Acquisition Regulation (DEAR), which therefore in the rules issued) that notice rulemaking is not required, and the
sets forth a standard nuclear and public procedure thereon are analytical requirements of the
indemnification clause, the Nuclear impracticable, unnecessary, or contrary Regulatory Flexibility Act do not apply
Hazard Indemnity Clause at 48 CFR to the public interest.’’ In this instance, to this rulemaking.
952.250–70, that is incorporated into all DOE has concluded that solicitation of
DOE contracts and subcontracts in public comment is unnecessary. Signed in Washington, DC, on September
which the contractor is under risk of Congress has required DOE to adjust the 24, 2018.
public liability for a nuclear incident or amount of indemnification provided Theodore J. Garrish,
precautionary evacuation, as those under an agreement of indemnification General Counsel, Acting.
terms are defined in the PAA. pursuant to section 170d. to reflect [FR Doc. 2018–21293 Filed 9–28–18; 8:45 am]
Subsection 170t.(2) of the AEA inflation in the initial and each BILLING CODE 6450–01–P
requires that the Secretary adjust for subsequent 5-year period following July
amozie on DSK3GDR082PROD with NOTICES
inflation the amount of indemnification 1, 2003. The statute provides no
provided under an indemnification discretion regarding the substance of the
agreement pursuant to subsection 170d. adjustment. DOE is required only to
at least once during each 5-year period perform a ministerial computation to
following July 1, 2003, in accordance determine the relevant amount. On the
with the aggregate percentage change in same basis, DOE finds good cause,
the Consumer Price Index (CPI). The CPI pursuant to 5 U.S.C. 553(d)(3) to waive
VerDate Sep<11>2014 17:50 Sep 28, 2018 Jkt 247001 PO 00000 Frm 00023 Fmt 4703 Sfmt 9990 E:\FR\FM\01OCN1.SGM 01OCN1](https://thefederalregister.org/doc/83_FR_49564/page/2.svg)
Document Created: 2018-09-29 04:26:26
Document Modified: 2018-09-29 04:26:26
| 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 | Notices | |
| Action | Notice of adjusted indemnification amount. | |
| Dates | This action is effective on October 1, 2018. | |
| Contact | Heather Thacker, Attorney Advisor (GC- 72), Office of the General Counsel, U.S. Department of Energy, 1000 Independence Ave. SW, Washington, DC 20585, (202) 586-6924. | |
| FR Citation | 83 FR 49374 |
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