[Federal Register: February 19, 2003 (Volume 68, Number 33)]
[Rules and Regulations]
[Page 7940-7941]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19fe03-22]
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DEPARTMENT OF ENERGY
41 CFR Part 109-6
RIN 1991-AB61
Official Use of Government Passenger Carriers Between Residence
and Place of Employment
ACTION: Final rule.
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AGENCY: Office of Management, Budget and Evaluation, Department of
Energy (DOE).
SUMMARY: The Department of Energy publishes a final rule to remove from
the DOE Property Management Regulation (DOE-PMR) certain overly broad
restrictions regarding the use of government passenger carriers between
an employee's residence and place of employment, and to update
references to the Federal Management Regulation.
EFFECTIVE DATE: This rule is effective February 19, 2003.
FOR FURTHER INFORMATION CONTACT: Stephen J. Michelsen, Director, Office
of Resource Management, Office of Procurement and Assistance
Management, Department of Energy, (202) 586-1368, 1000 Independence
Avenue, SW., Washington, DC 20585.
SUPPLEMENTARY INFORMATION: The DOE-PMR at 41 CFR 109-6.4 sets forth
rules that apply to the use of Government passenger carriers between a
DOE employee's residence and place of employment. Section 109-6.402(b)
restricts such use to the Secretary of Energy and persons ``engaged in
field work,'' as determined by the Secretary. DOE today is eliminating
this restriction from the DOE-PMR because it prevents certain uses by
employees of Government passenger carriers between residence and place
of employment that are authorized by statute and the implementing
Federal Management Regulation. Other uses authorized by 31 U.S.C. 1344
include, but are not limited to: use by an officer or employee with
regard to which the Secretary, has determined, that highly unusual
circumstances present a clear and present danger, that an emergency
exists, or that other compelling operational considerations make such
transportation essential to the conduct of official business; use by a
single principal deputy to the Secretary if the Secretary determines
appropriate; and use, when approved by the Secretary, by officers or
employees when essential for the safe and efficient performance of
intelligence, counterintelligence, protective services, or criminal law
enforcement duties. The rule being promulgated today harmonizes the
DOE-PMR with the relevant statutory authority and allows Government
vehicles to be used in the manner authorized by the statute. In
addition, this rule updates DOE-PMR, 41 CFR 109-6.4, by replacing
obsolete references to sections of the Federal Management Regulation
which was revised in 2000 (65 FR 54966, September 12, 2000).
This rule is being promulgated as a final rule, without providing
for a public comment period, or a 30 day effective date because it
addresses a matter relating to agency management or personnel or to
public property and therefore is not subject to the notice and comment
requirements of the Administrative Procedures Act. See 5 U.S.C. 553(a).
Regulatory Review
A. Review Under Executive Order 12866
This final rule has been determined not to be a ``significant
regulatory action'' under Executive Order 12866, ``Regulatory Planning
and Review,'' (58 FR 51735, October 4, 1993). Accordingly, this final
rule is not subject to review under that Executive Order by the Office
of Information and Regulatory Affairs of the Office of Management and
Budget (OMB).
B. Review Under the Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA)
requires each Agency to assess the effects of Federal regulatory action
on State, local, and tribal governments and the private sector. DOE has
determined that today's regulatory action would not impose a Federal
mandate on State, local, or tribal governments or on the private
sector.
C. 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
Executive 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. With regard to the review
required by section 3(a), 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; and (6) 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 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.
D. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980, Public Law 96-354, requires
preparation of a regulatory flexibility analysis for any rule which is
subject to notice and comment rulemaking requirements. As noted above,
this rule addresses a matter relating to agency management or personnel
or to public property and maybe is not subject to the notice and
comment requirements of the Administrative Procedures Act.
E. Review Under Paperwork Reduction Act
No new information collection requirements subject to the Paperwork
Reduction Act (44 U.S.C. 3501 et seq.) are imposed by today's
regulatory action.
F. Review Under the National Environmental Policy Act
This rule eliminates certain restrictions on the official use of
government passenger carriers by DOE employees between residence and
place of employment. Implementation of this rule will not result in
environmental
[[Page 7941]]
impacts because minimal additional use of vehicles is anticipated. DOE
has therefore determined that this rule is covered under the
Categorical Exclusion found at paragraph A.5 of Appendix A to subpart
D, 10 CFR part 1021, which applies to rulemakings amending existing
regulations that do not change the environmental effect of the
regulations being amended.
G. Review Under Executive Order 13132
Executive Order 13132 (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. 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.
H. 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 final rule 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 the Treasury and General Government Appropriations Act,
2001
The Treasury and General Government Appropriations Act, 2001 (44
U.S.C. 3516, note) provides for 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). 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.
J. Review Under Executive Order 13084
Under Executive Order 13084 (Consultation and Coordination with
Indian Tribal Governments), DOE may not issue a discretionary rule that
significantly or uniquely affects Indian tribal governments and imposes
substantial direct compliance costs. This final rule would not have
such effects. Accordingly, Executive Order 13084 does not apply to this
rulemaking.
K. Review Under Executive Order 13045
Executive Order 13045 (Protection of Children from Environmental
Health Risks and Safety Risks) contains special requirements that apply
to certain rulemakings that are economically significant under
Executive Order 12866. This final rule is not economically significant.
Accordingly, Executive Order 13045 does not apply to this rulemaking.
List of Subjects in 41 CFR Part 109-6
Government property management, Motor vehicles.
Issued in Washington, DC, on Februrary 13, 2003.
Richard H. Hopf,
Director, Office of Procurement and Assistance Management, Office of
Management, Budget and Evaluation, Department of Energy.
Robert C. Braden, Director,
Office of Procurement and Assistance Management, National Nuclear
Security Administration.
For the reasons set forth above, DOE amends 41 CFR Chapter 109 as
follows:
PART 109-6--MISCELLANEOUS REGULATIONS
1. The authority citation for part 109-6 continues to read as
follows:
Authority: Sec. 205(c), 63 Stat 390 (40 U.S.C. 486(c)); 31
U.S.C. 1344(e)(1).
Subpart 109-6.4--Official Use of Government Passenger Carriers
Between Residence and Place of Employment
Sec. 109-6.400 [Amended]
2. In 109-6.400(a) remove the reference ``41 CFR 101-6.4,'' and add
in its place ``41 CFR part 102-5.''
Sec. 109-6.402 [Amended]
3. Section 109-6.402 is amended as follows:
a. In paragraph (a), remove the second sentence.
b. In paragraph (a), remove the reference ``41 CFR 101-6.4,'' and
add in its place ``41 CFR part 102-5.''
c. Paragraph (b) is removed.
d. Paragraph (c) is redesignated as paragraph (b).
e. In redesignated paragraph (b), the reference ``41 CFR 101-
6.402(f)'' is removed and ``41 CFR 102-5.105'' is added in its place.
f. Paragraph (d) is redesignated as paragraph (c).
[FR Doc. 03-3992 Filed 2-18-03; 8:45 am]
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