Rule2025-08597
Revisions to the Office of Hearings and Appeals Procedural Regulations for the DOE Contractor Employee Protection Program
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 16, 2025
Effective
July 15, 2025
Issuing agencies
Energy Department
Abstract
This DFR rescinds an unnecessary regulation encouraging alternative dispute resolution to resolve complaints under the DOE Contractor Employee Protection Program.
Full Text
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<title>Federal Register, Volume 90 Issue 94 (Friday, May 16, 2025)</title>
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[Federal Register Volume 90, Number 94 (Friday, May 16, 2025)]
[Rules and Regulations]
[Pages 20766-20769]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-08597]
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DEPARTMENT OF ENERGY
10 CFR Part 708
[DOE-HQ-2025-00120012]
RIN 1910-AA56
Revisions to the Office of Hearings and Appeals Procedural
Regulations for the DOE Contractor Employee Protection Program
AGENCY: Office of Hearings and Appeals, Department of Energy (DOE).
ACTION: Direct final rule (DFR); request for comments.
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SUMMARY: This DFR rescinds an unnecessary regulation encouraging
alternative dispute resolution to resolve complaints under the DOE
Contractor Employee Protection Program.
DATES: The direct final rule is effective July 15, 2025, unless
significant adverse comments are received by June 16, 2025. Significant
adverse comments oppose the rule and raise, alone or in combination, a
serious enough issue related to each of the independent grounds for the
rule that a substantive response is required. If significant adverse
comments are received, notice will be published in the Federal Register
before the effective date either withdrawing the rule or issuing a new
direct final rule which responds to significant adverse comments.
ADDRESSES: Interested persons are encouraged to submit comments using
the Federal eRulemaking Portal at <a href="http://www.regulations.gov">www.regulations.gov</a> under docket
number DOE-HQ-2025-00120012. Follow the instructions for submitting
comments. The docket for this direct final rule, which includes Federal
Register notices, comments, and other supporting documents and
materials, is
[[Page 20767]]
available for review at <a href="http://www.regulations.gov">www.regulations.gov</a>. All documents in the
docket are listed in the <a href="http://www.regulations.gov">www.regulations.gov</a> index. However, not all
documents listed in the index may be publicly available, such as
information that is exempt from public disclosure. The docket web page
can be found at <a href="http://www.regulations.gov/docket/DOE-HQ-2025-00120012">www.regulations.gov/docket/DOE-HQ-2025-00120012</a>. The
docket web page contains instructions on how to access all documents,
including public comments, in the docket, as well as a summary.
Docket: The docket for this rule, which includes Federal Register
notices, public meeting attendee lists and transcripts (if one is
held), comments, and other supporting documents and materials, is
available for review at <a href="http://www.regulations.gov">www.regulations.gov</a>. All documents in the
docket are listed in the <a href="http://www.regulations.gov">www.regulations.gov</a> index. However, not all
documents listed in the index may be publicly available, such as
information that is exempt from public disclosure.
The docket web page can be found at <a href="http://www.regulations.gov/docket/DOE-HQ-2025-00120012">www.regulations.gov/docket/DOE-HQ-2025-00120012</a>. The docket web page contains instructions on how to
access all documents, including public comments, in the docket, as well
as a summary of the rulemaking. See section, ``Public Participation,''
for further information on how to submit comments through
<a href="http://www.regulations.gov">www.regulations.gov</a>. In accordance with 5 U.S.C. 553(b)(4), a summary
of this rule may be found at <a href="http://www.regulations.gov">www.regulations.gov</a>, under the docket
number.
FOR FURTHER INFORMATION CONTACT: Mr. David Taggart, U.S. Department of
Energy, Office of the General Counsel, GC-1, 1000 Independence Avenue
SW, Washington, DC 20585-0121. Telephone: (202) 586-5281. Email:
<a href="/cdn-cgi/l/email-protection#a5e1eae0e2c0cbc0d7c4c9e6cad0cbd6c0c9e5cdd48bc1cac08bc2cad3"><span class="__cf_email__" data-cfemail="92d6ddd7d5f7fcf7e0f3fed1fde7fce1f7fed2fae3bcf6fdf7bcf5fde4">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. General Discussion
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
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
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
III. Approval of the Secretary
I. General Discussion
DOE is rescinding Sec. 708.10 of title 10, Code of Federal
Regulations by this direct final rule. This regulation contains a
statement that encourages the use of alternative dispute resolution
(ADR) for resolving complaints under the DOE Contractor Employee
Protection Program. It does not confer any substantive right or
obligation on the Agency or any party and is not required by statute.
If DOE elects to encourage the use of ADR for resolving complaints
under the DOE Contractor Employee Protection Program, then DOE can
promulgate guidance doing so.
II. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
Executive Order (E.O.) 12866, ``Regulatory Planning and Review,''
requires agencies, to the extent permitted by law, to (1) propose or
adopt a regulation only upon a reasoned determination that its benefits
justify its costs; (2) tailor regulations to impose the least burden on
society, consistent with obtaining regulatory objectives, taking into
account, among other things, and to the extent practicable, the costs
of cumulative regulations; (3) select, in choosing among alternative
regulatory approaches, those approaches that maximize net benefits; (4)
to the extent feasible, specify performance objectives, rather than
specifying the behavior or manner of compliance that regulated entities
must adopt; and (5) identify and assess available alternatives to
direct regulation, including providing economic incentives to encourage
the desired behavior, such as user fees or marketable permits, or
providing information upon which choices can be made by the public.
For the reasons stated in the preamble, this direct final rule is
consistent with these principles. 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 direct final rule does not constitute a
``significant regulatory action'' under section 3(f) of E.O. 12866.
Accordingly, this direct 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 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 (<a href="http://www.energy.gov/gc/office-general-counsel">www.energy.gov/gc/office-general-counsel</a>).
DOE reviewed this rescission under the provisions of the Regulatory
Flexibility Act and the policies and procedures published on February
19, 2003. This rescission eliminates a provision in regulations that
creates no substantive right or obligation. Therefore, DOE initially
concludes that the impacts of the rescission 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 rescission imposes no new information or recordkeeping
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), and DOE's NEPA
implementing regulations (10 CFR part 1021). DOE's regulations include
a categorical exclusion for rulemakings that are strictly procedural.
See 10 CFR part 1021, subpart D, appendix A6. DOE has determined that
this rulemaking qualifies for categorical exclusion A6
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because it is a strictly procedural rulemaking.
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 rescission and has tentatively 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.
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, (3) provide a
clear legal standard for affected conduct rather than a general
standard, and (4) 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 rescission 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
<a href="http://www.energy.gov/sites/prod/files/gcprod/documents/umra_97.pdf">www.energy.gov/sites/prod/files/gcprod/documents/umra_97.pdf</a>.
DOE examined this rescission according to UMRA and its statement of
policy and determined that the rescission 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 rescission would not have any impact on the autonomy or integrity
of the family as an institution. Accordingly, DOE has concluded that it
is not necessary to prepare a Family Policymaking Assessment.
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 rescission would not result in
any 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: <a href="https://www.energy.gov/cio/department-energy-information-quality-guidelines">https://www.energy.gov/cio/department-energy-information-quality-guidelines</a>.
DOE has reviewed this rescission 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 direct
final rule, and that: (1) is a significant regulatory action under
Executive Order 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 rescission be implemented, and
of
[[Page 20769]]
reasonable alternatives to the action and their expected benefits on
energy supply, distribution, and use.
This rescission 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 rescission and has tentatively determined
that it is consistent with the policies and directives outlined in E.O.
14154 ``Unleashing American Energy,'' E.O. 14192, ``Unleashing
Prosperity Through Deregulation,'' and Presidential Memorandum,
``Delivering Emergency Price Relief for American Families and Defeating
the Cost-of-Living Crisis.'' This rescission 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 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).
III. Approval of the Secretary
The Secretary of Energy has approved publication of this direct
final rule; request for comment.
List of Subjects in 10 CFR Part 708
Administrative practice and procedure, Whistleblowing.
Signing Authority
This document of the Department of Energy was signed on May 9,
2025, by Chris Wright, Secretary of the Department 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 May 9, 2025.
Jennifer Hartzell,
Alternate Federal Register Liaison Officer, U.S. Department of Energy.
For the reasons set out in the preamble, the DOE amends title 10,
Code of Federal Regulations, chapter III, part 708, as set forth below:
PART 708--DOE CONTRACTOR EMPLOYEE PROTECTION PROGRAM
0
1. The authority citation for part 708 continues to read as follows:
Authority: 42 U.S.C. 2201(b), 2201(c), 2201(i), and 2201(p); 42
U.S.C. 5814 and 5815; 42 U.S.C. 7251, 7254, 7255, and 7256; and 5
U.S.C. Appendix 3.
Sec. 708.10 [Removed and Reserved]
0
2. Remove and reserve Sec. 708.10.
[FR Doc. 2025-08597 Filed 5-12-25; 9:30 am]
BILLING CODE 6450-01-P
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