SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background/Authority

II. Basis for the Rule

III. Basis for Issuing an Interim Final Rule

IV. Procedural Issues and Regulatory Review

A. Review Under Executive Orders 12866

B. Review Under the Regulatory Flexibility Act

C. Review Under the Paperwork Reduction Act

D. Review Under the National Environmental Policy Act of 1969

E. Review Under Executive Order 13132

F. Review Under Executive Order 12988

G. Review Under the Unfunded Mandates Reform Act

H. Review Under the Treasury and General Government Appropriations Act, 1999 ( printed page 52000)

I. Review Under Executive Order 12630

J. Review Under the Treasury and General Government Appropriations Act, 2001

K. Review Under Executive Order 13211

L. Review Under Additional Executive Orders and Presidential Memoranda

M. Congressional Notification

V. Approval by the Office of the Secretary of Energy

I. Background/Authority

The Atomic Energy Act of 1954, Public Law 83-703 (August 30, 1954), later codified at 42 U.S.C. 2011 et seq., delegated many aspects of the development and regulation of nuclear materials and facilities to the Department of Energy. Specifically, 42 U.S.C. 2282c(a)(1), directs the Department of Energy (DOE or the Department) to promulgate regulations for industrial and construction health and safety at DOE nuclear facilities. In response, DOE promulgated 10 CFR part 861 (part 861) that was originally published on December 30, 1976, (41 FR 56788) to facilitate the control of traffic on the Nevada Test Site, now known as the Nevada National Security Site (NNSS). Part 861 outlines various aspects of traffic control, including speed limits, traffic signs and signals, stopping and yielding, and parking restrictions that are to be addressed in the “Nevada Test Site Traffic Regulations” which are to be promulgated by the Manager of the Nevada Site Office and posted at NNSS. The rule states that, “once posted, these regulations shall have the same force and effect as if made a part hereof.” 10 CFR 861.4(b). The rule also outlines penalties for violations and procedures for posting and distributing the regulations.

II. Basis for the Rule

Through this interim final rule, DOE is rescinding 10 CFR part 861, including all sections, because the rule has not been utilized in practice for many years to govern traffic flow at NNSS. Rather, NNSS site traffic has been governed by State of Nevada traffic laws with enforcement carried out by the Nye County Sheriff's Office through contractual arrangement since at least 1987. (NNSS is located wholly within the boundaries of Nye County, Nevada.) For these reasons, the rule is obsolete and should be rescinded. This interim final rule is based on the statutory authority delegated to the DOE to promulgate regulations for health and safety at DOE nuclear facilities pursuant to the Atomic Energy Act of 1954. Furthermore, 42 U.S.C. 2282c(a)(3), grants the Secretary “flexibility” in tailoring said regulations for efficiency. DOE deems the rescission of this provision and reliance on State of Nevada traffic laws to be both efficient and appropriate. Additionally, DOE rescinds obsolete part 861 to further Executive Order (E.O.) 14192, “Unleashing Prosperity through Deregulation” and E.O. 14219 “Ensuring Lawful Governance and Implementing the President's “Department of Governmental Efficiency” Deregulatory Initiative.

The effect of rescinding 10 CFR part 861 will be that an obsolete regulation is eliminated resulting in the reduction of the overall regulatory burden including unnecessary Federal enforcement responsibilities.

III. Basis for Issuing an Interim Final Rule

The Department issues this interim final rule without prior public notice and comment pursuant to the Administrative Procedure Act's exception for rules “relating to agency management or personnel or to public property, loans, grants, benefits, or contracts.” 5 U.S.C. 553(a)(2). This interim final rule falls into that exception for the reasons described in this section.

A. Rule Relates to Agency Management of Public Property

The purpose of 10 CFR part 861 is to set standards for the management of traffic control and enforcement at NNSS, a wholly owned and managed DOE site. DOE promulgated part 861 pursuant to the authority granted to the Department in the Atomic Energy Act of 1954, Public Law 83-703 (later codified at 42 U.S.C. 2211 et seq.), which granted DOE broad discretion to set standards for industrial and construction health and safety at DOE nuclear facilities. See42 U.S.C. 2282c(a)(3). Since part 861 was promulgated in 1976, DOE has determined that contracting with local law enforcement to enforce Nevada traffic law at NNSS is a prudent alternative to enforcing separate site-specific traffic regulations. Therefore, this interim final rule relates to a matter of agency organization, procedure, or practice. See5 U.S.C. 553(a)(2), (b)(A).

Furthermore, this interim final rule rescinds an obsolete 1976 regulation to align with current and historical practice related to traffic control at the NNSS. Removing this obsolete regulation addressing traffic control at a DOE site does not adversely affect members of the public and involves an agency management decision that is exempt from the notice-and-comment rulemaking procedures of the Administrative Procedure Act.

B. DOE Solicits Comment

Although DOE has determined that a notice of proposed rulemaking (and comment thereon) is not required for this interim final rule's rescission of part 861, DOE nevertheless voluntarily elected to solicit comment. DOE considers public participation to be a very important part of its process for considering rulemaking petitions. DOE actively encourages the participation and interaction of the public during the comment period. DOE will accept comments regarding this interim final rule on or before the date provided in the DATES section at the beginning of this document. Interested parties may submit comments as outlined in the ADDRESSES section at the beginning of this document. Comments submitted during this period will be reviewed and considered. A final rule, or additional notice, may be issued at a later date, with a response to comments, reflecting any experience DOE may gain in implementing this interim final rule. All comments received will be posted without change to www.regulations.gov, including any personal information provided. Do not include personal information you would not want publicly shared, including social security information, home addresses, or any other personal identifying information. DOE will not take responsibility for sharing information provided by you.

IV. Procedural Issues and Regulatory Review

A. Review Under Executive Orders 12866

Section 6(a) of E.O. 12866 also requires agencies to submit “significant regulatory actions” to the Office of Information and Regulatory Affairs (OIRA) for review. OIRA has determined that this interim final rule does not constitute a “significant regulatory action” under section 3(f) of E.O. 12866. Accordingly, this interim final rule was not submitted to OIRA for review under E.O. 12866.

B. 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 (IRFA) and a final regulatory flexibility analysis (FRFA) 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 E.O. 13272, “Proper Consideration of Small Entities in ( printed page 52001) 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. 68 FR 7990. DOE has made its procedures and policies available on the Office of the General Counsel's website ( www.energy.gov/​gc/​office-general-counsel).

DOE reviewed this interim final rule under the provisions of the Regulatory Flexibility Act and the policies and procedures published on February 19, 2003. This rule eliminates obsolete regulations as discussed previously. Therefore, DOE initially concludes that the impacts of the interim final rule would not have a “significant economic impact on a substantial number of small entities,” and that the preparation of an IRFA is not warranted. DOE will transmit this certification and supporting statement of factual basis to the Chief Counsel for Advocacy of the Small Business Administration for review under 5. U.S.C. 605(b).

C. Review Under the Paperwork Reduction Act

This interim final rule imposes no new information or record-keeping requirements. Accordingly, Office of Management and Budget (OMB) clearance is not required under the Paperwork Reduction Act. (44 U.S.C. 3501 et seq.)

D. Review Under the National Environmental Policy Act of 1969

DOE has analyzed this action in accordance with the National Environmental Policy Act of 1969, as amended (NEPA), DOE's NEPA regulations (10 CFR part 1021), and DOE's NEPA Implementing procedures at www.energy.gov/​nepa/​doe-nepa-implementing-procedures. Accordingly, DOE has determined that NEPA does not apply to the action in this interim final rule as this rulemaking is solely an administrative and routine action excepted from NEPA review. ( See section 2.1(c)(5) of DOE's NEPA implementing procedures.).

E. Review Under Executive Order 13132

E.O. 13132, “Federalism,” 64 FR 43255 (Aug. 10, 1999), imposes certain requirements on Federal agencies formulating and implementing policies or regulations that preempt State law or that have federalism implications. The Executive order requires agencies to examine the constitutional and statutory authority supporting any action that would limit the policymaking discretion of the States and to carefully assess the necessity for such actions. The Executive order also requires agencies to have an accountable 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 this interim final rule and determined that it would 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. Therefore, no further action is required by E.O. 13132.

F. Review Under Executive Order 12988

With respect to the review of existing regulations and the promulgation of new regulations, section 3(a) of E.O. 12988, “Civil Justice Reform,” imposes on Federal 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. 61 FR 4729 (Feb. 7, 1996). Regarding the review required by section 3(a), section 3(b) of E.O. 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 Attorney General. Section 3(c) of E.O. 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 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 interim final rule meets the relevant standards of E.O. 12988.

G. Review Under the Unfunded Mandates Reform Act

Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) requires each Federal agency to assess the effects of Federal regulatory actions on State, local, and Tribal governments and the private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531). For a regulatory action likely to result in a rule that may cause the expenditure 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 a written statement that estimates the resulting costs, benefits, and other effects on the national economy. (2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to develop an effective process to permit timely input by elected officers of State, local, and Tribal governments on a “significant intergovernmental mandate,” and requires an agency plan for giving notice and opportunity for timely input to potentially affected small governments before establishing any requirements 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. DOE's policy statement is also available at www.energy.gov/​sites/​prod/​files/​gcprod/​documents/​umra_​97.pdf.

DOE examined this interim final rule according to UMRA and its statement of policy and determined that the interim final rule does not contain a Federal intergovernmental mandate, nor is it expected to require expenditures of $100 million or more in any one year by State, local, and Tribal governments, in the aggregate, or by the private sector. As a result, the analytical requirements of UMRA do not apply.

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 rule that may affect family well-being. This interim final rule would not have any financial impact on families nor 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.

I. Review Under Executive Order 12630

Pursuant to E.O. 12630, “Governmental Actions and Interference with Constitutionally Protected Property Rights,” 53 FR 8859 (March 18, 1988), DOE has determined that this interim final rule would not result in any ( printed page 52002) takings that might require compensation under the Fifth Amendment to the U.S. Constitution.

J. Review Under the Treasury and General Government Appropriations Act, 2001

Section 515 of the Treasury and General Government Appropriations Act, 2001 (44 U.S.C. 3516, note) provides for Federal agencies to review most disseminations of information to the public under information quality guidelines established by each agency pursuant to general guidelines issued by OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22, 2002), and DOE's guidelines were published at 67 FR 62446 (Oct. 7, 2002). Pursuant to OMB Memorandum M-19-15, Improving Implementation of the Information Quality Act (April 24, 2019), DOE published updated guidelines which are available at: www.energy.gov/​cio/​department-energy-information-quality-guidelines. DOE has reviewed this interim final rule under the OMB and DOE guidelines and has concluded that it is consistent with applicable policies in those guidelines.

K. Review Under Executive Order 13211

E.O. 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 OIRA at 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 E.O. 12866, or any successor order and is likely to have a significant adverse effect on the supply, distribution, or use of energy; or (2) 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 rule be implemented, and of reasonable alternatives to the action and their expected benefits on energy supply, distribution, and use.

This interim final rule of obsolete traffic control regulations is not a significant regulatory action under E.O. 12866. Moreover, it would not have a significant adverse effect on the supply, distribution, or use of energy, nor has it been designated as such by the Administrator at OIRA. Accordingly, DOE has not prepared a Statement of Energy Effects.

L. Review Under Additional Executive Orders and Presidential Memoranda

DOE has examined this interim final rule and determined that it is consistent with the policies and directives outlined in E.O. 14192, “Unleashing Prosperity Through Deregulation” and E.O. 14219, “Ensuring Lawful Governance and Implementing the President's “Department of Governmental Efficiency” Deregulatory Initiative. This interim final rule is expected to be an Executive Order 14192 deregulatory action.

M. Congressional Notification

As required by 5 U.S.C. 801, DOE will report to Congress on the promulgation of this interim final rule before its effective date. The report will state that it has been determined that the rule is not a “major rule” as defined by 5 U.S.C. 804(2).

V. Approval of the Office of the Secretary

The Secretary of Energy has approved the publication of the interim final rule; request for comment.

Signing Authority

This document of the Department of Energy was signed on July 28, 2026, by James Danly, Deputy Secretary of Energy. That document with the original signature and date is maintained by DOE. For administrative purposes only, and in compliance with requirements of the Office of the Federal Register, the undersigned DOE Federal Register Liaison Officer has been authorized to sign and submit the document in electronic format for publication, as an official document of the Department of Energy. This administrative process in no way alters the legal effect of this document upon publication in the Federal Register .

91 FR 51999