Rule2025-13134
Revisions to the Office of Hearings and Appeals Procedural Regulations for the DOE Contractor Employee Protection Program
Primary source
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Published
July 14, 2025
Effective
August 13, 2025
Issuing agencies
Energy Department
Abstract
The Department of Energy ("DOE") is publishing this document to respond to comments received on the direct final rule to rescind an unnecessary regulation encouraging alternative dispute resolution to resolve complaints under the DOE Contractor Employee Protection Program that published on May 16, 2025. As a result, DOE delays the effective date of the direct final rule, and is responding to the comment it received on the direct final rule.
Full Text
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<title>Federal Register, Volume 90 Issue 132 (Monday, July 14, 2025)</title>
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[Federal Register Volume 90, Number 132 (Monday, July 14, 2025)]
[Rules and Regulations]
[Pages 31136-31137]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-13134]
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DEPARTMENT OF ENERGY
10 CFR Part 708
[DOE-HQ-2025-0012]
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.
ACTION: Direct final rule; delay of effective date; response to
comments.
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SUMMARY: The Department of Energy (``DOE'') is publishing this document
to respond to comments received on the direct final rule to rescind an
unnecessary regulation encouraging alternative dispute resolution to
resolve complaints under the DOE Contractor Employee Protection Program
that published on May 16, 2025. As a result, DOE delays the effective
date of the direct final rule, and is responding to the comment it
received on the direct final rule.
DATES: As of July 14, 2025, the effective date of the direct final rule
published May 16, 2025, at 90 FR 20766, is delayed until August 13,
2025.
FOR FURTHER INFORMATION CONTACT: Mr. Jeffrey Novak, U.S. Department of
Energy, Office of the General Counsel, GC-1, 1000 Independence Avenue
SW, Washington, DC 20585-0121; (202) 586-5281 or
<a href="/cdn-cgi/l/email-protection#14505b5153717a71667578577b617a677178547c653a707b713a737b62"><span class="__cf_email__" data-cfemail="064249434163686374676a4569736875636a466e772862696328616970">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. May 2025 Direct Final Rule
On May 16, 2025, DOE published a direct final rule rescinding Sec.
708.10 of title 10, Code of Federal Regulations (``CFR''). 90 FR 20766
(``May 2025 DFR'') Section 708.10 contains a statement that encourages
the use of alternative dispute resolution (``ADR'') for resolving
complaints under the DOE Contractor Employee Protection Program. The
regulation does not confer any substantive right or obligation on DOE
or any party and is not required by statute.
II. Response to Comments
DOE received three comments in response to the May 2025 DFR.\1\
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\1\ This rule also corrects an error in the May 2025 DFR that
identified the docket as DOE-HQ-2025-00120012. To address that
error, this document correctly identifies the docket as DOE-HQ-2025-
0012.
Table II.1--List of Commenters From the May 2025 DFR
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Comment No. in
Commenter Reference in this rule the docket Commenter type
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Anonymous.............................. Anonymous................. 2 Individual.
Professor Bridget C.E. Dooling......... Dooling................... 3 Individual.
Anonymous.............................. Anonymous................. 4 Individual.
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A. Response to Administrative Procedure Act Procedural Comment
Dooling stated that the May 2025 DFR did not satisfy the good cause
exemption from notice and comment rulemaking under the Administrative
Procedure Act (``APA''). (Dooling, No. 3 at p. 4).
In response, DOE notes that the APA requires that agencies provide
all interested persons with fair notice and an opportunity to comment
on the rulemaking. See 5 U.S.C. 553(b) & (c). The May 2025 DFR provided
the public with fair notice of DOE's changes to its own administrative
procedures regarding ADR in the DOE Contractor Employee Protection
Program. See 90 FR 20766, 20767 (discussing specific administrative
changes encouraging ADR). DOE also requested comments on the May 2025
DFR, and stated, if the
[[Page 31137]]
Department received significant adverse comments, the Department would
withdraw the rule or issue a new final rule which responds to such
comments. Id. at 90 FR 20766. Thus, DOE provided interested persons
with fair notice and an opportunity to comment as required by the APA.
As a result, there was no need for a good cause exemption from notice-
and-comment rulemaking under 5 U.S.C. 553(b).
Finally, contrary to the comment from Dooling (Dooling, No. 3 at p.
5), Dooling cannot argue commenters were denied fair notice and an
opportunity to comment solely based on how the notice was labeled. See
Little Sisters of the Poor Saints Peter & Paul Home v. Pennsylvania,
591 U.S. 657, 683 (2020) (holding that ``[f]ormal labels aside, the
[interim final rules] contained all of the elements of a notice of
proposed rulemaking as required by the APA''). Irrespective of its
title, the May 2025 DFR contained the required elements of a proposed
rulemaking under the APA.
B. Response to Other Comments
DOE received two comments, which stated (1) that parties benefit
from ADR and the rescission of this regulation would make complainants
less aware of this cost-saving service; and (2) that this regulation
was required by the Administrative Dispute Resolution Act (``ADRA''), 5
U.S.C. 573. (Anonymous, No. 2 at p. 1; Anonymous, No. 4 at p. 1) In
response to the first point, DOE notes that it will continue to advise
all parties to disputes under the DOE Contractor Employee Protection
Program as to the availability of ADR services in order to promote
cost-efficient methods of problem solving pursuant to 10 CFR 708.18 and
10 CFR 708.27. In light of DOE's direct outreach to parties who might
benefit from ADR, there is no evidence that parties rely on this
regulation to learn of the availability of ADR, and, therefore, there
is no evidence that the rescission of this regulation will reduce the
use of ADR in any meaningful way. And in response to the second point,
ADRA does not require the DOE to maintain specific regulations
encouraging the use of ADR; rather it requires generally that agencies
``encourage and facilitate agency use of alternative means of dispute
resolution.'' (5 U.S.C. 573(c)(1)) DOE will continue to encourage and
facilitate the use of ADR when appropriate regardless of any specific
regulation, and, thus, will adhere to the requirements of ADRA.
III. Conclusion
For the reasons discussed in the preceding sections of this
document, DOE is not withdrawing the May 2025 DFR, which rescinds the
regulation encouraging the use of ADR for resolving complaints under
the DOE Contractor Employee Protection Program.
DOE also notes, to the extent that 5 U.S.C. 553 applies to the
delay of effective date, it is exempt from notice and comment because
it constitutes a rule of procedure under 5 U.S.C. 553(b)(A) and for
which no notice or hearing is required by statute. Additionally, this
action is not a ``substantive rule'' for which a 30-day delay in
effective date is required under 5 U.S.C. 553(d).
Signing Authority
This document of the Department of Energy was signed on July 9,
2025, by Chris Wright, 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 July 10, 2025.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2025-13134 Filed 7-11-25; 8:45 am]
BILLING CODE 6450-01-P
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