Rule2023-12461
Organizational Changes in Certain Department of Energy Health, Safety, and Security Regulations
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Published
June 26, 2023
Effective
June 26, 2023
Issuing agencies
Energy Department
Abstract
The U.S. Department of Energy (DOE) has updated its organizational structure and changed certain titles and reporting duties within the Office of Environment, Health, Safety and Security. This final rule updates certain DOE health, safety and security regulations to reflect the new titles and organizational names. Additionally, the final rule makes further minor updates to these regulations to improve clarity and delete obsolete references.
Full Text
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[Federal Register Volume 88, Number 121 (Monday, June 26, 2023)]
[Rules and Regulations]
[Pages 41289-41295]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-12461]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
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Federal Register / Vol. 88, No. 121 / Monday, June 26, 2023 / Rules
and Regulations
[[Page 41289]]
DEPARTMENT OF ENERGY
10 CFR Parts 602, 710, 712, 725, 835, 850, 851, 1016, 1017, 1045
and 1046
[EHSS-RM-22-WSHP]
RIN 1992-AA62
Organizational Changes in Certain Department of Energy Health,
Safety, and Security Regulations
AGENCY: Office of Environment, Health, Safety and Security, U.S.
Department of Energy.
ACTION: Final rule; technical amendments.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (DOE) has updated its
organizational structure and changed certain titles and reporting
duties within the Office of Environment, Health, Safety and Security.
This final rule updates certain DOE health, safety and security
regulations to reflect the new titles and organizational names.
Additionally, the final rule makes further minor updates to these
regulations to improve clarity and delete obsolete references.
DATES: This rule is effective June 26, 2023.
FOR FURTHER INFORMATION CONTACT:
Mr. James Dillard, U.S. Department of Energy, Office of
Environment, Health, Safety and Security, Mailstop EHSS-11, 1000
Independence Ave. SW, Washington, DC 20585, Telephone: (301) 903-1165,
or by Email at: <a href="/cdn-cgi/l/email-protection#573d363a322479333e3b3b362533173f267933383279303821"><span class="__cf_email__" data-cfemail="fc969d91998fd2989590909d8e98bc948dd2989399d29b938a">[email protected]</span></a>.
Ms. Jennifer Tiedeman, U.S. Department of Energy, Office of General
Counsel, GC-33, 1000 Independence Ave. SW, Washington, DC 20585,
Telephone: (202) 287-6111, or by Email at:
<a href="/cdn-cgi/l/email-protection#c7ada2a9a9aea1a2b5e9b3aea2a3a2aaa6a987afb6e9a3a8a2e9a0a8b1"><span class="__cf_email__" data-cfemail="c5afa0ababaca3a0b7ebb1aca0a1a0a8a4ab85adb4eba1aaa0eba2aab3">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Introduction
II. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
B. Review Under the Regulatory Flexibility Act
C. Review Under the Paperwork Reduction Act of 1995
D. Review Under the National Environmental Policy Act of 1969
E. Review Under Executive Order 12988
F. Review Under Executive Order 13132
G. Review Under Executive Order 13175
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, 1999
K. Review Under the Treasury and General Government
Appropriations Act, 2001
L. Administrative Procedure Act
M. Congressional Notification
III. Approval by the Office of the Secretary of Energy
I. Introduction
The mission of DOE's Office of Environment, Health, Safety and
Security (EHSS) is to provide organizational leadership and strategic
approaches for protecting DOE's workers, the public, the environment
and national security assets. This objective is accomplished through
developing organizational policies and standards and providing guidance
on their implementation; sharing operating experience, lessons learned,
and best practices; and providing assistance and supporting services to
line management with the goal of mission success as DOE's environment,
health, safety and security advocate.
On February 10, 2022, DOE updated its organizational structure
which changed certain titles and reporting duties within EHSS. Certain
of the EHSS's functions are subject to regulations in title 10 of the
Code of Federal Regulations (CFR). As a result of the changes, title 10
of the CFR contains references to DOE organizational names and
positions that are no longer current. This final rule amends certain
regulations in title 10 of the CFR to reflect new organizational names
and titles.
Specifically, DOE has changed the title of the Associate Under
Secretary for Environment, Health, Safety and Security to the Director
of the Office of Environment, Health, Safety and Security and
amendments have been made to 10 CFR parts 602, 710, 712, 835, 850, 851,
1016, 1045, and 1046 to reflect that change. In 10 CFR part 725, the
reference to ``Chief Health, Safety and Security Officer'' has been
changed to the ``Director, Office of Environment, Health, Safety and
Security''. The Director of EHSS now reports directly to the Deputy
Secretary of Energy rather than a DOE Under Secretary. In addition, the
reference in 10 CFR part 1017 to the ``Office of Health, Safety and
Security'' has been changed to the ``Office of Environment, Health,
Safety and Security''. This final rule also updates the routing symbols
of DOE's Office of Environment, Health, Safety and Security from AU to
EHSS.
References in 10 CFR part 710 to the Deputy Associate Under
Secretary for Environment, Health, Safety and Security have been
changed to the Deputy Director for Security, Office of Environment,
Health, Safety and Security. A previous reorganization in the Office of
Environment, Health, Safety and Security divided the position of the
Deputy Associate Under Secretary for Environment, Health, Safety and
Security into the Deputy Associate Under Secretary for Environment,
Health and Safety and the Deputy Associate Under Secretary for
Security. Accordingly, in recognition of that reorganization and the
change in titles, references to the Deputy Associate Under Secretary
for Environment, Health, Safety and Security in 10 CFR part 710 are
being changed to the Deputy Director for Security, Office of
Environment, Health, Safety and Security.
Changes are also being made in 10 CFR part 851 to avoid confusion
between references to the Director of the Office of Environment,
Health, Safety and Security and the Director of the Office of
Enforcement, who has been, until now, referred to as ``Director'' in 10
CFR part 851.
In addition, in 10 CFR part 851 DOE is deleting references to
subpart G of 10 CFR part 1003, Office of Hearings and Appeals
Procedural Regulations, because part 1003 has been amended and the
references to subpart G are no longer correct.
This final rule also updates the titles of two of its Under
Secretaries. In 10 CFR part 851, a reference to the ``Under Secretary
for Science and Energy, or Under Secretary for Management and
Performance'' is being changed to the ``Under Secretary for Science and
Innovation, or Under Secretary for Infrastructure''. In 10 CFR part
1046, a reference to the ``Under Secretary for Science'' is being
changed to the ``Under Secretary for Science and Innovation''.
[[Page 41290]]
None of the regulatory amendments in this notice of final rule
alter substantive rights or obligations under current law.
II. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
This regulatory action has been determined not to be significant
for purposes of Executive Order 12866, ``Regulatory Planning and
Review,'' 58 FR 51735 (October 4, 1993). As a result, the Office of
Information and Regulatory Affairs (OIRA) within the Office of
Management and Budget (OMB) did not review this rule.
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 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 to ensure that the potential impacts of its
draft rules on small entities are properly considered during the
rulemaking process (68 FR 7990, February 19, 2003), and has made them
available on the Office of General Counsel's website: <a href="http://www.energy.gov/gc/office-general-counsel">www.energy.gov/gc/office-general-counsel</a>. Because there was no requirement to first
publish this regulation for comment, as discussed above, no analysis is
required for purposes of the Regulatory Flexibility Act.
C. Review Under the Paperwork Reduction Act of 1995
This rule does not impose a collection of information requirement
subject to review and approval by OMB under the Paperwork Reduction Act
(44 U.S.C. 3501 et seq.).
D. Review Under the National Environmental Policy Act of 1969
Pursuant to the National Environmental Policy Act of 1969 (NEPA),
DOE has analyzed this proposed action in accordance with NEPA and DOE's
NEPA implementing regulations (10 CFR part 1021). DOE's regulations
include a categorical exclusion (CX) for rulemakings interpreting or
amending an existing rule or regulation that does not change the
environmental effect of the rule or regulation being amended. See 10
CFR part 1021, subpart D, appendix A5. DOE has determined that this
rule is covered under the CX found in DOE's NEPA regulations at
paragraph A.5 of appendix A to subpart D, 10 CFR part 1021, because it
amends existing regulations without changing the environmental effect
of the rules and meets the requirements for the application of a CX.
See 10 CFR 1021.410. Therefore, DOE has determined that this final rule
is not a major Federal action significantly affecting the quality of
the human environment within the meaning of NEPA, and does not require
an Environmental Assessment or an Environmental Impact Statement.
E. Review Under Executive Order 12988
With respect to the review of existing regulations and the
promulgation of new regulations, Section 3(a) of Executive Order 12988,
``Civil Justice Reform,'' 61 FR 4729 (February 7, 1996), imposes on
Federal agencies the general duty to adhere to the following
requirements: (1) eliminate drafting errors and ambiguity; (2) write
regulations to minimize litigation; (3) provide a clear legal standard
for affected conduct rather than a general standard; and (4) promote
simplification and burden reduction. Section 3(b) of Executive Order
12988 specifically requires that executive agencies make every
reasonable effort to ensure that the regulation: (1) clearly specifies
the preemptive effect, if any; (2) clearly specifies any effect on
existing Federal law or regulation; (3) provides a clear legal standard
for affected conduct while promoting simplification and burden
reduction; (4) specifies the retroactive effect, if any; (5) adequately
defines key terms; (6) specifies whether administrative proceedings are
to be required before parties may file suit in court and, if so,
describes those proceedings and requires the exhaustion of
administrative remedies; and (7) addresses other important issues
affecting clarity and general draftsmanship under any guidelines issued
by the Attorney General. Section 3(c) of Executive Order 12988 requires
executive agencies to review regulations in light of applicable
standards in section 3(a) and section 3(b) to determine whether they
are met or it is unreasonable to meet one or more of them. DOE has
completed the required review and determined that, to the extent
permitted by law, this final rule meets the relevant standards of
Executive Order 12988.
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 examine the
constitutional and statutory authority supporting any action that would
limit the policymaking discretion of the States and carefully assess
the necessity for such actions. The Executive order 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 final rule and has
determined that it would not preempt State law and 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. No further
action is required by Executive Order 13132.
G. Review Under Executive Order 13175
Under Executive Order 13175 (65 FR 67249, November 6, 2000) on
``Consultation and Coordination with Indian Tribal Governments,'' DOE
may not issue a discretionary rule that has ``Tribal'' implications and
imposes substantial direct compliance costs on Indian Tribal
governments. DOE has determined that the final rule will not have such
effects and concluded that Executive Order 13175 does not apply to this
final rule.
H. Review Under the Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub.
L. 104-4)) requires each Federal agency to prepare a written assessment
of the effects of any Federal mandate in a proposed or final agency
regulation that may result in the expenditure by State, Tribal, or
local governments, on the aggregate, or by the private sector, of $100
million in any one year (adjusted annually for inflation). For a
regulatory action likely to result in a rule that may cause this
expenditure, 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 Act
[[Page 41291]]
also requires a Federal agency to develop an effective process to
permit timely input by elected officials of State, Tribal, or local
governments on a proposed ``significant intergovernmental mandate,''
and requires an agency plan for giving notice and opportunity to
provide timely input to potentially affected small governments before
establishing any requirements that might significantly or uniquely
affect small governments. On March 18, 1997, DOE published a statement
of policy on its process for intergovernmental consultation under UMRA.
(62 FR 12820) (This policy is also available at: <a href="http://www.energy.gov/gc/office-general-counsel">www.energy.gov/gc/office-general-counsel</a> under ``Guidance & Opinions'' (Rulemaking)). DOE
examined this final rule according to UMRA and its statement of policy
and has determined that the rule contains neither an intergovernmental
mandate, nor a mandate that may result in the expenditure by State,
local, and Tribal governments, in the aggregate, or by the private
sector, of $100 million or more in any year. Accordingly, no further
assessment or analysis is required under UMRA.
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
OMB a Statement of Energy Effects for any proposed significant energy
action. A ``significant energy action'' is defined as any action by an
agency that promulgated or is expected to lead to promulgation of a
final rule, and that: (1)(i) is a significant regulatory action under
Executive Order 12866, or any successor order; and (ii) 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 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 alternatives to the action and their expected
benefits on energy supply, distribution, and use. DOE has concluded
that this regulatory action will not have a significant adverse effect
on the supply, distribution, or use of energy and is therefore not a
significant energy action. Accordingly, DOE has not prepared a
Statement of Energy Effects.
J. Review Under the Treasury and General Government Appropriations Act,
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 that may affect
family well-being. The final rule will 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. 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 guidelines
established by each agency pursuant to general guidelines issued by
OMB. OMB's guidelines were published at 67 FR 8452 (February 22, 2002),
and DOE's guidelines were published at 67 FR 62446 (October 7, 2002).
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: <a href="http://www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf">www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf</a>.
DOE has reviewed this final rule under the OMB and DOE guidelines
and has concluded that it is consistent with applicable policies in
those guidelines.
L. Administrative Procedure Act
The regulatory amendments in this notice of final rulemaking
reflecting changes related solely to internal agency organization,
management or personnel, and as such, are not subject to the
requirement for a general notice of proposed rulemaking under the
Administrative Procedure Act (APA). (See 5 U.S.C. 553(a)(2)). There is
no requirement under the APA or any other law that this rule be
proposed for public comment. 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).
M. Congressional Notification
As required by 5 U.S.C. 801(a)(1)(A), 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
it has been determined that the rule is not a ``major rule'' as defined
by 5 U.S.C. 804(2).
III. Approval by the Office of the Secretary of Energy
The Secretary of Energy has approved publication of this final
rule.
List of Subjects
10 CFR Part 602
Grant programs--health, Medical research, Occupational safety and
health, Reporting and recordkeeping requirements.
10 CFR Part 710
Administrative practice and procedure, Classified information,
Government contracts, Government employees, Nuclear energy.
10 CFR Part 712
Administrative practice and procedure, Alcohol abuse, Classified
information, Drug abuse, Government contracts, Government employees,
Health, Occupational safety and health, Radiation protection, Security
measures.
10 CFR Part 725
Classified information, Nuclear materials, Reporting and
recordkeeping requirements.
10 CFR Part 835
Federal buildings and facilities, Nuclear energy, Nuclear
materials, Nuclear power plants and reactors, Nuclear safety,
Occupational safety and health, Radiation protection, Reporting and
recordkeeping requirements.
10 CFR Part 850
Beryllium, Hazardous substances, Lung diseases, Occupational safety
and health, Reporting and recordkeeping requirements.
10 CFR Part 851
Civil penalties, Federal buildings and facilities, Occupational
safety and health, Reporting and recordkeeping requirements.
10 CFR Part 1016
Classified information, Nuclear energy, Reporting and recordkeeping
requirements, Security measures.
10 CFR Part 1017
Administrative practice and procedure, Government contracts,
Nuclear energy, Penalties, Security measures.
10 CFR Part 1045
Classified information, Declassification, Formerly restricted data,
Restricted data, Transclassified foreign nuclear information.
[[Page 41292]]
10 CFR Part 1046
Government contract, Reporting and recordkeeping requirements,
Security measures.
Signing Authority
This document of the Department of Energy was signed on June 5,
2023, by Jennifer Granholm, 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.
Signed in Washington, DC, on June 7, 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
For the reasons set forth in the preamble, the Department of Energy
amends Chapters II, III, and X of Title 10 of the Code of Federal
Regulations to read as follows:
PART 602--EPIDEMIOLOGY AND OTHER HEALTH STUDIES FINANCIAL
ASSISTANCE PROGRAM
0
1. The authority citation for part 602 continues to read as follows:
Authority: 42 U.S.C. 2051; 42 U.S.C. 5817; 42 U.S.C. 5901-5920;
42 U.S.C. 7254 and 7256; 31 U.S.C. 6301-6308.
Sec. 602.4 [Amended]
0
2. Section 602.4 is amended in paragraph (a) by removing the words
``Associate Under Secretary for Environment, Health, Safety and
Security'' and adding in their place the words ``Director, Office of
Environment, Health, Safety and Security''.
Sec. 602.7 and 602.10 [Amended]
0
3. Sections 602.7(c) and 602.10(b) and (c) are amended by removing
``AU-13'' and adding in its place ``EHSS-13''.
Sec. 602.16 [Amended]
0
4. Section 602.16 is amended by removing ``AU-60,'' and adding in its
place ``EHSS-60,''.
PART 710--PROCEDURES FOR DETERMINING ELIGIBILITY FOR ACCESS TO
CLASSIFIED MATTER AND SPECIAL NUCLEAR MATERIAL
0
5. The authority citation for part 710 continues to read as follows:
Authority: 42 U.S.C. 2165, 2201, 5815, 7101, et seq., 7383h-l;
50 U.S.C. 2401 et seq.; E.O. 10865, 3 CFR 1959-1963 comp., p. 398,
as amended, 3 CFR Chap. IV; E.O. 13526, 3 CFR 2010 Comp., pp. 298-
327 (or successor orders); E.O. 12968, 3 CFR 1995 Comp., p. 391.
Sec. Sec. 710.8, 710.9, 710.28, 710.29, and 710.31 [Amended]
0
6. Remove the words ``Deputy Associate Under Secretary for Environment,
Health, Safety and Security'' and add in their place the words ``Deputy
Director for Security, Office of Environment, Health, Safety and
Security'' in the following places:
0
a. Section 710.8(d);
0
b. Section 710.9(h);
0
c. Section 710.28(c)(2) and (3);
0
d. Section 710.29(a) and (b); and
0
e. Section 710.31(b)(1) through (3).
Sec. 710.34 [Amended]
0
7. Section 710.34 is amended by:
0
a. Removing the words ``Deputy Associate Under Secretary for
Environment, Health, Safety and Security'', in two instances, and
adding in their places the words ``Deputy Director for Security, Office
of Environment, Health, Safety and Security''; and
0
b. Removing ``Associate Under Secretary for Environment, Health, Safety
and Security'' and adding in its place the words ``Director, Office of
Environment, Health, Safety and Security''.
PART 712--HUMAN RELIABILITY PROGRAM
0
8. The authority citation for part 712 continues to read as follows:
Authority: 42 U.S.C. 2165; 42 U.S.C. 2201; 42 U.S.C. 5814-5815;
42 U.S.C. 7101 et seq.; 50 U.S.C. 2401 et seq.; E.O. 10450, 3 CFR
1949-1953 Comp., p. 936, as amended; E.O. 10865, 3 CFR 1959-1963
Comp., p. 398, as amended; 3 CFR Chap. IV.
0
9. Section 712.3 is amended by:
0
a. Removing the definition of ``Associate Under Secretary for
Environment, Health, Safety and Security'';
0
b. Adding in alphabetical order a definition for ``Director, Office of
Environment, Health, Safety and Security''; and
0
c. Removing from the definitions of ``Designated Physician'' and
``Designated Psychologist'' the words ``Associate Under Secretary for
Environment, Health, Safety and Security'' and adding in their place
the words ``Director, Office of Environment, Health, Safety and
Security''.
The addition reads as follows.
Sec. 712.3 Definitions.
* * * * *
Director, Office of Environment, Health, Safety and Security means
the DOE individual with responsibility for policy and quality assurance
for DOE occupational medical programs.
* * * * *
Sec. Sec. 712.4, 712.10, 712.12, 712.14, 712.23, 712.24, 712.34,
712.35 and 712.36 [Amended]
0
10. Remove the words ``Associate Under Secretary for Environment,
Health, Safety and Security'' and add in their place, the words
``Director, Office of Environment, Health, Safety and Security'' in the
following places:
0
a. Section 712.4;
0
b. Section 712.10(b);
0
c. Section 712.12(c)(1) and (d) introductory text;
0
d. Section 712.14(f)(1) and (3);
0
e. Section 712.23(a), (b) introductory text, and (c);
0
f. Section 712.24(a);
0
g. Section 712.34(a), (b) introductory text, (c), and (d);
0
h. Section 712.35 heading and introductory text; and
0
i. Section 712.36(d)(1) and (3).
PART 725--PERMITS FOR ACCESS TO RESTRICTED DATA
0
11. The authority citation for part 725 continues to read as follows:
Authority: Sec. 161 of the Atomic Energy Act of 1954, as
amended, 68 Stat. 943, 42 U.S.C. 2201.
Sec. Sec. 725.1, 725.4, 725.7, 725.13, 725.21, 725.23, 725.24,
725.25; 725.28, 725.29, and 725.30 [Amended]
0
12. Remove the words ``Chief Health, Safety and Security Officer'' and
add in their place the words ``Director, Office of Environment, Health,
Safety and Security'' in the following places:
0
a. Section 725.1;
0
b. Section 725.4;
0
c. Section 725.7;
0
d. Section 725.13 in two instances;
0
e. Section 725.21(a);
0
f. Section 725.23(b) and in the introductory text of the agreement in
paragraph (c)(4);
0
g. Section 725.24 introductory text;
0
h. Section 725.25(b);
0
i. Section 725.28;
0
j. Section 725.29; and
0
k. Section 725.30
[[Page 41293]]
Sec. 725.3 [Amended]
0
13. Section 725.3 is amended by revising paragraph (d) to read as
follows.
Sec. 725.3 Definitions.
* * * * *
(d) Director of the Office of Environment, Health, Safety and
Security means the DOE official to whom the Secretary assigns the
authority to develop policy and technical assistance; safety analysis;
and organizational safety and security programs, or the Director's duly
authorized representatives.
* * * * *
Sec. Sec. 725.5 and 725.11 [Amended]
0
14. Remove the words ``Chief Health, Safety and Security Officer, HS-1/
Forrestal Building'' and adding, in its place, the words ``Director,
Office of Environment, Health, Safety and Security, EHSS-1'' in the
following instances:
0
a. Section 725.5; and
0
b. Section 725.11(a).
PART 835--OCCUPATIONAL RADIATION PROTECTION
0
15. The authority citation for part 835 continues to read as follows:
Authority: 42 U.S.C. 2201, 7191, 50 U.S.C. 2410.
Sec. 835.1 [Amended]
0
16. Section 835.1 is amended in paragraph (b)(6) by removing the words
``Associate Under Secretary for Environment, Health, Safety and
Security'' and adding in its place the words ``Director, Office of
Environment, Health, Safety and Security''.
PART 850--CHRONIC BERYLLIUM DISEASE PREVENTION PROGRAM
0
17. The authority citation for part 850 continues to read as follows:
Authority: 42 U.S.C. 2201(i)(3), (p); 42 U.S.C. 2282c; 29 U.S.C.
668; 42 U.S.C. 7101 et seq.; 50 U.S.C. 2401 et seq., E.O. 12196, 3
CFR 1981 comp., at 145 as amended.
Sec. 850.10 [Amended]
0
18. Section 850.10 is amended in paragraph (b)(2) by removing the words
``Associate Under Secretary for Environment, Health, Safety and
Security'' and adding in their place the words ``Director, Office of
Environment, Health, Safety and Security''.
Sec. 850.39 [Amended]
0
19. Section 850.39 is amended in paragraph (g) by removing the words
``DOE Chief Health, Safety and Security Officer'' and adding in their
place the words ``Director, Office of Environment, Health, Safety and
Security''.
PART 851--WORKER SAFETY AND HEALTH PROGRAM
0
20. The authority citation for part 851 continues to read as follows:
Authority: 42 U.S.C. 2201(i)(3), (p); 42 U.S.C. 2282c; 42 U.S.C.
5801 et seq.; 42 U.S.C. 7101 et seq.; 50 U.S.C. 2401 et seq, 28
U.S.C. 2461 note.
Sec. 851.3 [Amended]
0
21. Section 851.3 is amended in paragraph (a) by:
0
a. Removing the word ``Director'' and adding in its place the words
``Enforcement Director'' in the definition of ``Consent order'';
0
b. Removing the definition of ``Director'';
0
c. Adding in alphabetical order definitions for ``Director of the
Office of Enforcement (Enforcement Director)'' and ``Director of the
Office of Environment, Health, Safety and Security (EHSS Director)'';
0
d. Removing the word ``Director'' and adding in its place the words
``Enforcement Director'' in the definition of ``DOE Enforcement
Officer''; and
0
e. Removing the words ``Under Secretary for Science and Energy, or
Under Secretary for Management and Performance'' and adding in their
place the words ``Under Secretary for Science and Innovation, or Under
Secretary for Infrastructure'' in the definition of ``Under
Secretary''.
The additions read as follows.
Sec. 851.3 Definitions.
* * * * *
Director of the Office of Enforcement (Enforcement Director) means
the DOE official designated by the Secretary, or that person's
designee, to carry out the enforcement authorities reflected in subpart
E of this part.
Director of the Office of Environment, Health, Safety and Security
(EHSS Director) means the DOE official to whom the Secretary assigns
the authority to develop policy and technical assistance; safety
analysis; and organizational safety and security programs.
* * * * *
Sec. 851.11 [Amended]
0
22. Section 851.11 is amended in paragraph (b)(2) by removing the words
``Associate Under Secretary for Environment, Health, Safety and
Security'' and adding in their place the words ``EHSS Director''.
Sec. 851.20 [Amended]
0
23. Section 851.20 is amended in paragraph (b)(5) by removing the word
``Director'' in two places and adding in its place the words
``Enforcement Director''.
Sec. 851.30 [Amended]
0
24. Section 851.30 is amended in paragraph (a) by removing the words
``Associate Under Secretary for Environment, Health, Safety and
Security'' and adding in their place the words ``EHSS Director''.
Sec. 851.31 [Amended]
0
25. Section 851.31 is amended by:
0
a. Removing the words ``Associate Under Secretary for Environment,
Health, Safety and Security'' and adding in their place the words
``EHSS Director'' in paragraphs (a)(1) through (3) and (b) introductory
text;
0
b. Removing the words ``Associate Under Secretary'' and adding in their
place the words ``EHSS Director'' in paragraph (b) introductory text;
and
0
c. Removing the words ``Associate Under Secretary for Environment,
Health, Safety and Security'' and adding in their place the words
``EHSS Director'' in paragraph (c)(5).
0
26. Section 851.32 is amended by:
0
a. Revising paragraph (a)(1);
0
b. Removing the words ``Associate Under Secretary for Environment,
Health, Safety and Security'' and adding in their place the words
``EHSS Director'' in paragraphs (a)(2) and (4);
0
c. Revising paragraph (c)(1); and
0
d. Removing the words ``Associate Under Secretary for Environment,
Health, Safety and Security'' and adding in their place the words
``EHSS Director'' in paragraphs (c)(2)(i) and (ii).
The revisions read as follows:
Sec. 851.32 Action on variance requests.
(a) * * *
(1) If the EHSS Director recommends approval of a variance
application, the EHSS Director must forward to the Under Secretary the
variance application and the approval recommendation including a
discussion of the basis for the recommendation and any terms and
conditions proposed for inclusion as part of the approval.
* * * * *
(c) * * *
(1) If the EHSS Director recommends denial of a variance
application, the EHSS Director must notify the CSO of the denial
recommendation and the grounds for the denial recommendation.
* * * * *
[[Page 41294]]
Sec. 851.34 [Amended]
0
27. Section 851.34 is amended in paragraphs (a) and (c) by removing the
words ``Associate Under Secretary for Environment, Health, Safety and
Security'' and add, in their place, the words ``EHSS Director''.
0
28. Section 851.40 is amended by:
0
a. Revising paragraph (a);
0
b. Removing the word ``Director'' and adding in its place the words
``Enforcement Director'' wherever it appears in paragraphs (b) through
(e);
0
c. Removing the word ``Director's'' in paragraph (e) and adding in its
place the word ``Enforcement Director's''; and
0
d. Removing the word ``Director'' and adding in its place the words
``Enforcement Director'' wherever it appears in paragraphs (f) and (h)
through (k).
The revision reads as follows:
Sec. 851.40 Investigations and inspections.
(a) The Enforcement Director may initiate and conduct
investigations and inspections relating to the scope, nature, and
extent of compliance by a contractor with the requirements of this part
and take such action as the Enforcement Director deems necessary and
appropriate to the conduct of the investigation or inspection. DOE
Enforcement Officers have the right to enter work areas without delay
to the extent practicable, to conduct inspections under this subpart.
* * * * *
Sec. Sec. 851.41 and 851.42 [Amended]
0
29. Remove the word ``Director'' and add in its place the words
``Enforcement Director'' in the following places:
0
a. Section 851.41(a), (b) introductory text, and (b)(1); and
0
b. Section 851.42(a), two instances, and (b)(4).
Sec. 851.43 [Amended]
0
30. Section 851.43 is amended by removing the word ``Director'' and
adding in its place the words ``Enforcement Director'' in paragraph (a)
and two instances in paragraph (b), and by removing ``, subpart G'' in
paragraph (b).
Sec. 851.44 [Amended]
0
31. Section 851.44 is amended in paragraph (a) by removing ``part 1003,
subpart G of this title'' and adding in its place ``10 CFR part 1003''.
Sec. 851.45 [Amended]
0
32. Section 851.45 is amended by:
0
a. Removing the words ``Director'' and adding in its place the words
``Enforcement Director'' in paragraph (a) introductory text; and
0
b. Removing the word ``Director's'' adding in its place the words
``Enforcement Director's'' in paragraph (b).
Appendix B to Part 851 [Amended]
0
33. Appendix B to part 851 is amended:
0
a. In section IV by:
0
i. Removing the word ``Director'' and adding in its place the words
``Enforcement Director'' in paragraphs (a) introductory text and (b)
introductory text; and
0
ii. Removing the word ``Director's'' and adding in its place the words
``Enforcement Director's'' in paragraph (b)(3);
0
b. In section V by:
0
i. Removing the word ``Director'' and adding in its place the words
``Enforcement Director'' in paragraph (b) introductory text and two
instances in paragraph (b)(3); and
0
ii. Removing ``Subpart G,'' in paragraph (c).
0
c. In section VII, by removing the word ``Director'' and adding in its
place the words ``Enforcement Director'' in paragraph (b);
0
d. In section VIII, by removing the word ``Director'' and adding in its
place the words ``Enforcement Director'' in paragraph (a); and
0
e. In section IX, by removing the word ``Director'' and adding in its
place the words ``Enforcement Director'' in paragraphs 1(e)(2) and
2(d).
PART 1016--SAFEGUARDING OF RESTRICTED DATA BY ACCESS PERMITTEES
0
34. The authority for part 1016 continues to read as follows:
Authority: Sec. 161i of the Atomic Energy Act of 1954, 68 Stat.
948 (42 U.S.C. 2201).
Sec. 1016.4 [Amended]
0
35. Section 1016.4 is amended by removing the words ``Associate Under
Secretary, Office of Environment, Health, Safety and Security, AU-1''
and adding in their place the words ``Director, Office of Environment,
Health Safety and Security, EHSS-1''.
Sec. 1016.19 [Amended]
0
36. Section 1016.19 is amended in paragraphs (a) and (c) by removing
``AU-60'' and adding in its place ``EHSS-60''.
PART 1017--IDENTIFICATION AND PROTECTION OF UNCLASSIFIED CONTROLLED
NUCLEAR INFORMATION
0
37. The authority citation for part 1017 continues to read as follows:
Authority: 42 U.S.C. 7101 et seq.; 50 U.S.C. 2401 et seq.; 42
U.S.C. 2168; 28 U.S.C. 2461 note.
Sec. Sec. 1017.5 and 1017.13 [Amended]
0
38. Sections 1017.5(c) and 1017.13 are amended by removing the words
``Office of Health, Safety and Security'' and adding in their place the
words ``Office of Environment, Health, Safety and Security''.
PART 1045--NUCLEAR CLASSIFICATION AND DECLASSIFICATION
0
39. The authority citation for part 1045 continues to read as follows:
Authority: 42 U.S.C. 2011; E.O. 13526, 75 FR 705, 3 CFR 2010
Comp., pp. 298-327.
Sec. Sec. 1045.15 and 1045.20 [Amended]
0
40. Sections 1045.15 and 1045.20 are amended by removing the word ``AU-
60'' and adding in its place the word ``EHSS-60''.
0
41. Section 1045.30 is amended by:
0
a. Removing the definition of ``Associate Under Secretary for
Environment, Health, Safety and Security''; and
0
b. Adding in alphabetical order a definition for ``Director, Office of
Environment, Health, Safety and Security''.
The addition reads as follows.
Sec. 1045.30 What definitions apply to this part?
* * * * *
Director, Office of Environment, Health, Safety and Security means
DOE's Director for Environment, Health, Safety and Security or any
person to whom the Director's duties are delegated.
* * * * *
Sec. 1045.45 [Amended]
0
42. Section 1045.45 is amended in paragraph (b) introductory text by
removing the words ``Associate Under Secretary for Environment, Health,
Safety and Security'' and adding in their place the words ``Director,
Office of Environment, Health, Safety and Security''.
Sec. 1045.55 [Amended]
0
43. Section 1045.55 is amended in paragraph (d) by removing ``AU-60''
and adding in its place ``EHSS-60''.
Sec. Sec. 1045.60, 1045.80, 1045.85, and 1045.100 [Amended]
0
44. Sections 1045.60, 1045.80(a), 1045.85(a)(1) and (2), and
1045.100(b) are amended by removing the words ``Associate Under
Secretary for
[[Page 41295]]
Environment, Health, Safety and Security'' and adding in their place
the words ``Director, Office of Environment, Health, Safety and
Security''.
Sec. 1045.105 [Amended]
0
45. Section 1045.105 is amended by:
0
a. Removing the words ``Associate Under Secretary for Environment,
Health, Safety and Security'' and adding, in their place, the words
``Director, Office of Environment, Health, Safety and Security'' in
paragraph (b); and
0
b. Removing the words ``Associate Under Secretary for Environment,
Health, Safety and Security, AU-1'' and adding, in their place, the
words ``Director, Office of Environment, Health, Safety and Security,
EHSS-1'' in paragraph (c).
Sec. 1045.110 [Amended]
0
46. Section 1045.110 is amended by:
0
a. Removing ``AU-60'' and adding in its place ``EHSS-60'' in paragraph
(c)(1); and
0
b. Removing the words ``Associate Under Secretary for Environment,
Health, Safety and Security, AU-1'' and adding in their place the words
``Director, Office of Environment, Health, Safety and Security, EHSS-
1'' in paragraph (c)(5).
Sec. 1045.180 [Amended]
0
47. Section 1045.180 is amended by:
0
a. Removing ``Associate Under Secretary of Environment, Health, Safety
and Security at the following address: Associate Under Secretary for
Environment, Health, Safety and Security, AU-1'' and adding in their
place the words ``Director, Office of Environment, Health, Safety and
Security at the following address Director, Office of Environment,
Health, Safety and Security, EHSS-1'' in paragraph (b)(1); and
0
b. Removing the words ``Associate Under Secretary of Environment,
Health, Safety and Security'' and adding in their place the words
``Director, Office of Environment, Health, Safety and Security'' in
paragraphs (b)(2), (d), and (e)(1) and (2).
Sec. 1045.190 [Amended]
0
48. Section 1045.190 is amended in paragraph (b) by removing ``AU-60''
and adding in its place ``EHSS-60''.
Sec. 1045.210 [Amended]
0
49. Section 1045.210 is amended by:
0
a. Removing the words ``Associate Under Secretary of Environment,
Health, Safety and Security'' and adding in their place the words
``Director, Office of Environment, Health, Safety and Security'' in
paragraph (a); and
0
b. Removing the words ``Associate Under Secretary for Environment,
Health, Safety and Security, AU-1'' and adding in their place the words
``Director, Office of Environment, Health, Safety and Security, EHSS-
1'' in paragraph (b) introductory text.
Sec. Sec. 1045.215 and 1045.220 [Amended]
0
50. Sections 1045.215(a) and (b) and 1045.220(a) and (b) are amended by
removing the words ``Associate Under Secretary of Environment, Health,
Safety and Security'' and adding in their place the words ``Director,
Office of Environment, Health, Safety and Security''.
PART 1046--MEDICAL, PHYSICAL READINESS, TRAINING, AND ACCESS
AUTHORIZATION STANDARDS FOR PROTECTIVE FORCE PERSONNEL
0
51. 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
52. Section 1046.2 is amended by:
0
a. Removing the words ``Associate Under Secretary for the Office of
Environment, Health, Safety and Security (AU-1)'' and adding in their
place the words ``Director, Office of Environment, Health, Safety and
Security (EHSS-1)'' in paragraph (c);
0
b. Removing the words ``AU or its successor organization. AU-1'' and
adding in their place the words ``EHSS or its successor organization.
EHSS-1'' in paragraph (d); and
0
c. Removing from paragraph (e) the words:
0
i. ``Under Secretary for Science'' and adding in their place the words
``Under Secretary for Science and Innovation''; and
0
ii. ``Associate Under Secretary for Environment, Health, Safety and
Security'' and adding in their place the words ``Director, Office of
Environment, Health, Safety and Security''.
Sec. 1046.3 [Amended]
0
53. Section 1046.3 is amended in the definitions of ``Designated
Physician'' and ``Weapons proficiency demonstration'' by removing ``AU-
1'' and adding in its place ``EHSS-1''.
Sec. 1046.4 [Amended]
0
54. Section 1046.4 is amended in paragraphs (a)(1) introductory text,
(a)(1)(iv), (a)(2) and (3), (b) introductory text, (d)(1) introductory
text, (d)(2), and (e) through (g) by removing the ``AU-1'' and adding
in its place ``EHSS-1''.
Sec. 1046.5 [Amended]
0
55. Section 1046.5 is amended in paragraph (c) by removing ``AU-1'' and
adding in its place ``EHSS-1''.
Sec. 1046.13 [Amended]
0
56. Section 1046.13 is amended by:
0
a. Removing ``AU-1'' and adding in its place ``EHSS-1'' in paragraph
(b)(3);
0
b. Removing the words ``Office of Health, Safety and Security'' and
adding in their place the words ``Office of Environment, Health, Safety
and Security'' in paragraph (f); and
0
c. Removing the words ``Chief Health, Safety and Security Officer'' and
adding in their place the words ``Director, Office of Environment,
Health, Safety and Security'' in paragraph (g)(1)(i).
Sec. 1046.15 [Amended]
0
57. Section 1046.15 is amended in paragraphs (c) introductory text,
(c)(1) through (3), (c)(4) introductory text, (c)(4)(iii), (c)(5),
(c)(6) introductory text, (c)(7) and (8), and (d) by removing ``AU-1''
and adding in its place ``EHSS-1'' wherever it appears.
Sec. 1046.17 [Amended]
0
58. Section 1046.17 is amended in paragraph (k)(6) by removing ``AU-1''
and adding in its place ``EHSS-1''.
[FR Doc. 2023-12461 Filed 6-23-23; 8:45 am]
BILLING CODE 6450-01-P
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</html>Indexed from Federal Register on June 26, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.