Unknown. Final rule; technical amendment

12,717 words·~58 min read·/register/2006/11/28/06-9417

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2006-11-28.xml --- 71 228 Tuesday, November 28, 2006 Contents Agriculture Agriculture Department See Forest Service See Rural Utilities Service PROPOSED RULES Farm Service Agency; State and county committees; selection and functions; amendments, 68755-68762 E6-20052 NOTICES Agency information collection activities; proposals, submissions, and approvals, 68794 E6-20051 Children Children and Families Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 68818-68819 06-9413 Commerce Commerce Department See Economic Development Administration See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration Comptroller Comptroller of the Currency NOTICES Agency information collection activities; proposals, submissions, and approvals, 68892-68894 E6-20108 Court Court Services and Offender Supervision Agency for the District of Columbia NOTICES Reports and guidance documents; availability, etc.:

Federal antidiscrimination, whistleblower protection, and retaliation laws; No FEAR Act notice, 68809 E6-20046 Defense Defense Department See Navy Department RULES Sexually explicit material; sale or rental on DOD property; correction, 68739 06-9417 Economic Economic Development Administration NOTICES Adjustment assistance; applications, determinations, etc.: Label World Kamylon, LLC, 68799-68800 E6-20125 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 68810-68811 E6-20124 Employment Employment and Training Administration NOTICES Adjustment assistance; applications, determinations, etc.:

Air System Components, LP, 68839 E6-20061 Allied Air Enterprises, 68839 E6-20057 Carolina Toll Manufacturing Inc., et al., 68839-68841 E6-20056 Central Penn Sewing Machine Co., Inc., 68841-68842 E6-20059 Dana Corp., et al., 68842-68843 E6-20065 Eaton Aerospace - Aurora, 68843 E6-20063 Fenton Art Glass Co., 68843 E6-20058 Newell Rubbermaid, et al., 68843-68845 E6-20066 Rebtex Co., Inc., 68845 E6-20060 Techweld International, Inc., 68845 E6-20064 Waterloo Industries, Inc., 68845 E6-20062 Energy Energy Department RULES Technical amendments, 68727-68738 E6-20104 NOTICES Environmental statements; record of decision.:

Idaho Nuclear Technology and Engineering Center, ID; high-level waste and facilities disposition, 68811-68813 E6-20109 Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005; Section 3116 determinations: Idaho Nuclear Technology and Engineering Tank Farm Facility; ID, 68813-68814 E6-20107 EPA Environmental Protection Agency RULES Air pollutants; hazardous; national emission standards: Asbestos management and control, 68746-68750 E6-20157 Air quality implementation plans; approval and promulgation; various States:

Florida, 68743-68746 E6-20073 Georgia, 68740-68743 E6-20141 Toxic substances: Chemical imports and exports; export notification reporting requirements, 68750-68751 E6-20148 PROPOSED RULES Air pollutants; hazardous; national emission standards: Asbestos management and control, 68777 E6-20173 Air quality implementation plans; approval and promulgation; various States: Florida, 68776-68777 E6-20077 Georgia, 68776 E6-20140 NOTICES Agency information collection activities; proposals, submissions, and approvals, 68814-68815 E6-19878 Committees; establishment, renewal, termination, etc.:

Environmental Policy and Technology National Advisory Council, 68815 E6-20146 Meetings: Environmental Policy and Technology National Advisory Council, 68816 E6-20144 FAA Federal Aviation Administration PROPOSED RULES Airworthiness directives: EADS SOCATA, 68762-68766 E6-20122 06-9429 Short Brothers & Harland Ltd., 68766-68769 06-9427 Class E airspace, 68769-68775 E6-20165 E6-20170 E6-20182 E6-20183 NOTICES Agency information collection activities; proposals, submissions, and approvals, 68880-68881 06-9437 06-9438 Exemption petitions; summary and disposition, 68881 E6-20158 Federal Highway Federal Highway Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 68881-68882 E6-20038 Privacy Act; system of records, 68882-68884 E6-20113 E6-20114 FMC Federal Maritime Commission NOTICES Agreements filed, etc., 68816 E6-20135 Federal Motor Federal Motor Carrier Safety Administration NOTICES Privacy Act; system of records, 68884-68885 E6-20115 Federal Railroad Federal Railroad Administration NOTICES Exemption petitions, etc.:

Union Pacific Railroad Co., 68885-68886 E6-20096 Traffic control systems; discontinuance or modification: Union Pacific Railroad Co., 68886-68887 E6-20036 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control, 68816-68817 E6-20138 Formations, acquisitions, and mergers, 68817 E6-20139 Reports and guidance documents; availability, etc.: Intraday liquidity management and payment system risk policy; consultation paper, 68817-68818 E6-20048 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species:

Critical habitat designations— Tidewater goby, 68914-68995 06-9291 NOTICES Environmental statements; notice of intent: Elk Hills oil and gas field; CA; habitat conservation plan, 68830-68831 06-9410 Meetings: Southcentral Alaska Federal Subsistence Regional Advisory Council, 68798 06-9425 Food Food and Drug Administration RULES Animal drugs, feeds, and related products: Neomycin, 68738 E6-20126 NOTICES Meetings: Parenteral infusion drug products; enhancing container labeling, 68819-68820 E6-20035 Reports and guidance documents; availability, etc.:

Commercially distributed analyte specific reagents; frequently asked questions, 68820-68821 E6-20030 Gene therapy clinical trials; participant observation for delayed adverse events; industry guidance, 68821-68822 E6-20129 In Vitro diagnostic multivariate index assays, 68822-68823 E6-20032 Training program for regulatory project managers; site tours; interaction program, 68823 E6-20041 Forest Forest Service NOTICES Environmental statements; notice of intent: Colville National Forest, WA, 68794-68796 06-9420 Panhandle National Forests, ID, 68796-68798 06-9421 Meetings:

Ravalli County Resource Advisory Committee, 68798 06-9422 Southcentral Alaska Federal Subsistence Regional Advisory Council, 68798 06-9425 Health Health and Human Services Department See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration NOTICES Meetings: American Health Information Community, 68818 06-9430 Health Health Resources and Services Administration NOTICES Meetings: Infant Mortality Advisory Committee, 68823-68824 E6-20120 Homeland Homeland Security Department See U.S.

Citizenship and Immigration Services Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 68825-68826 E6-20040 Indian Indian Affairs Bureau NOTICES Environmental statements; notice of intent: Crow Tribe of Indians, MT; Absaloka coal mine extension, 68831-68833 E6-20152 Pine Ridge Indian Reservation, SD, 68833 E6-20153 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See Minerals Management Service See National Park Service See Reclamation Bureau NOTICES Senior Executive Service Performance Review Board; membership, 68826-68830 E6-20117 IRS Internal Revenue Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 68894-68901 E6-20071 E6-20072 E6-20076 E6-20090 E6-20092 Health Insurance Portability and Accountability Act of 1996; implementation:

Expatriation; individuals losing United States citizenship; quarterly listing, 68901-68906 E6-20172 Meetings: Taxpayer Advocacy Panels, 68906-68910 E6-20074 E6-20075 E6-20101 E6-20102 International International Trade Administration NOTICES Overseas trade missions: 2006 trade missions— U.S. Electronic Education Fair for China, 68800 E6-20070 Labor Labor Department See Employment and Training Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 68838-68839 E6-20043 Land Land Management Bureau NOTICES Environmental statements; availability, etc.:

Sweetwater County, WY; coal lease application, 68833-68834 E6-20045 Environmental statements; notice of intent: Alton, UT; coal lease application, 68834-68835 E6-20044 Survey plat filings: Wyoming, 68835-68836 E6-20087 Libraries Libraries and Information Science, National Commission See National Commission on Libraries and Information Science Maritime Maritime Administration NOTICES Coastwise trade laws; administrative waivers: FALCON 2000, 68887 E6-20039 Minerals Minerals Management Service NOTICES Meetings:

Production data workshop, 68836 E6-20042 National Archives National Archives and Records Administration NOTICES Meetings: Records of Congress Advisory Committee, 68846 06-9442 National Commission National Commission on Libraries and Information Science NOTICES Meetings, 68845-68846 06-9431 National Highway National Highway Traffic Safety Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 68887-68888 E6-20106 Motor vehicle safety standards; exemption petitions, etc.:

YES! Sportscars, 68888-68892 E6-20091 National Institute National Institute of Standards and Technology NOTICES Meetings: Advanced Technology Visiting Committee, 68800 E6-20105 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Atlantic highly migratory species— Atlantic bluefin tuna, 68752-68754 06-9435 Caribbean, Gulf, and South Atlantic fisheries— Gulf of Mexico and South Atlantic coastal migratory pelagic resources, 68752 06-9439 PROPOSED RULES Fishery conservation and management:

Atlantic highly migratory species— U.S. North Atlantic swordfish, 68784-68793 06-9436 Fishery conservation management: West Coast States and Western Pacific Fisheries— Pacific Fishery Management Council; meetings and hearings, 68793 E6-20163 NOTICES Endangered and threatened species: Recovery plans— Hawaiian monk seal, 68801-68802 E6-20164 Upper Columbia spring chinook salmon, steelhead, and bull trout, 68802-68805 E6-20180 Endangered and threatened species permit applications, determinations, etc., 68800-68801 E6-20168 Meetings:

Inter-American Tropical Tuna Commission; U.S. Section General Advisory Committee, 68805-68806 E6-20169 Privacy Act; systems of records, 68806-68808 E6-20121 National Park National Park Service NOTICES Meetings: National Park System Advisory Board, 68836 E6-20136 National Register of Historic Places; pending nominations, 68836-68837 E6-20037 National Telecommunications National Telecommunications and Information Administration NOTICES Meetings: Commerce Spectrum Management Advisory Committee, 68808 E6-20103 Navy Navy Department NOTICES Meetings:

Naval Research Advisory Committee, 68810 E6-20118 Nuclear Nuclear Regulatory Commission NOTICES Meetings; Sunshine Act, 68846-68847 06-9450 Personnel Personnel Management Office NOTICES Excepted service; positions placed or revoked, 68847-68849 06-9434 Reclamation Reclamation Bureau NOTICES Environmental statements; availability, etc.: Folsom Dam Safety and Flood Damage Reduction Action, CA; public hearings, 68837-68838 E6-20155 RUS Rural Utilities Service NOTICES Environmental statements; availability, etc.:

South Mississippi Electric Power Association, 68798-68799 06-9412 SEC Securities and Exchange Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 68849-68850 E6-20055 Self-regulatory organizations; proposed rule changes: Boston Stock Exchange, Inc., 68850-68852 E6-20132 Chicago Board Options Exchange, Inc., 68852-68855 E6-20054 06-9426 NASDAQ Stock Market LLC, 68855-68856 E6-20134 National Association of Securities Dealers, Inc., 68856-68864 E6-20068 New York Stock Exchange LLC, 68864-68871 E6-20130 E6-20133 Options Clearing Corp., 68871-68874 E6-20049 E6-20053 Options Clearning Corp., 68874-68875 E6-20050 Philadelphia Stock Exchange, Inc., 68875-68878 E6-20127 E6-20128 SBA Small Business Administration NOTICES Disaster loan areas:

Louisiana, 68878 E6-20098 State State Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 68878-68879 E6-20176 Presidential permit applications: Plains Pipeline, L.P.; pipeline facilities operation and maintenance on U.S.-Mexico border, 68879 E6-20181 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.: BNSF Railway Co., 68892 E6-19977 Susquehanna Susquehanna River Basin Commission PROPOSED RULES Project review and approval, special regulations and standards, and hearings and enforcement actions, 68775 06-9411 TVA Tennessee Valley Authority NOTICES Meetings;

Sunshine Act, 68879-68880 06-9448 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See Maritime Administration See National Highway Traffic Safety Administration See Surface Transportation Board PROPOSED RULES Standard time zone boundaries: Indiana, 68777-68784 06-9432 Treasury Treasury Department See Comptroller of the Currency See Internal Revenue Service MISSING FOR:

U.S. Citizenship and Immigration Services U.S. Citizenship and Immigration Services NOTICES Agency information collection activities; proposals, submissions, and approvals, E6-20047 68824-68825 E6-20151 Veterans Veterans Affairs Department RULES Medical benefits: Informed consent; time period extension and witness requirement modification for signature consent, 68739-68740 E6-20111 NOTICES Agency information collection activities; proposals, submissions, and approvals, 68910-68911 E6-20112 E6-20116 Separate Parts In This Issue Part II Interior Department, Fish and Wildlife Service, 68914-68995 06-9291 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 71 228 Tuesday, November 28, 2006 Rules and Regulations DEPARTMENT OF ENERGY 10 CFR Parts 602, 710, 712, 725, 820, 824, 835, 850, 851, 852, 861, 862, 871, 1004, 1008, 1016, 1017, 1021, 1044, 1045, 1046, and 1049 RIN 1901-AB22 Technical Amendments:

Transfer of Office Functions and Removal of Obsolete Regulations AGENCY: Department of Energy (DOE). ACTION: Final rule; technical amendment. SUMMARY: DOE has created a new Office of Health, Safety and Security to strengthen and improve formulation and implementation of health, safety and security policy. Incident to creation of the new office, DOE has transferred certain health, safety and security functions to the new office that previously were carried out by the Office of Environment, Safety and Health and the Office of Security and Safety Performance Assurance.

Certain functions related to DOE's responsibilities under the National Environmental Policy Act have been transferred to the Office of the General Counsel. Other functions outside of the core mission of health, safety and security have been transferred to other DOE offices performing similar or related functions. This notice of final rulemaking makes technical amendments to DOE's regulations to substitute the officials to whom or offices to which functions have been transferred pursuant to the reorganization of offices and functions.

DOE also is removing Office of Environment, Safety and Health regulations in 10 CFR part 852 because Congress has transferred that authority to the Department of Labor. Today's regulatory amendments do not alter substantive rights or obligations under current law. DATES: *Effective Date:* This rule is effective on November 28, 2006. FOR FURTHER INFORMATION CONTACT: Stephen Duarte, Office of the General Counsel, GC-71, 1000 Independence Avenue, SW., Washington, DC 20585; *steve.duarte@hq.doe.gov* ; 202-586-2951.

SUPPLEMENTARY INFORMATION: I. Introduction DOE has created a new office to strengthen and improve the health, safety, and security of DOE workers, facilities and the public. The new office, called the Office of Health, Safety and Security (HSS), will help formulate and implement health, safety, environmental, and security policy for DOE, provide assistance to DOE sites, conduct oversight through rigorous field inspections, and carry out enforcement activities previously carried out by the Offices of Environment, Safety and Health

(EH)and Security and Safety Performance Assurance (SSA). HSS is led by a Chief Health, Safety and Security Officer who reports directly to the Secretary of Energy. The HSS office has nine offices dedicated to health, safety and security, which include the Office of Health and Safety; Office of Nuclear Safety and Environment; Office of Corporate Safety Analysis; Office of Enforcement; Office of Independent Oversight; Office of Security Policy; Office of Security Technology and Assistance; Office of Classification; and the National Training Center. In addition, HSS now includes the Office of the Departmental Representative to the Defense Nuclear Facilities Safety Board and the Office of Security Operations. Functions that were performed by EH or SSA but which are outside the core mission of health, safety and security have been transferred to other DOE program offices performing similar or related functions. The DOE Office of National Environmental Policy Act

(NEPA)Policy and Compliance has been transferred to the Office of the General Counsel. DOE's continuity of government program and support for technical review of authorization basis documents, previously performed by SSA, has been transferred to DOE's National Nuclear Security Administration (NNSA). Support of safety regulations for newly constructed facilities and new start projects are now the responsibility of the Office of the Under Secretary for Energy, and for new NNSA facilities, the Office of the Under Secretary for Nuclear Security. Management of the Radiological Environment Science Laboratory has been transferred to the Office of Nuclear Energy and the management of the New Brunswick Laboratory has been transferred to the Office of Science to better align those activities with their current programmatic functions. The Office of Management will assume non-safety related quality assurance program elements and the management of DOE's foreign travel and exchange visitor program. Certain of the functions that were transferred to HSS and the NEPA functions that were transferred to the Office of the General Counsel are subject to regulations in title 10 of the Code of Federal Regulations. As a result of the transfers, title 10 of the Code of Federal Regulations contains references to DOE program offices and positions that are no longer extant. Today's final rule amends title 10 of the Code of Federal Regulations to reflect DOE's new organizational structure and to update addresses that are no longer correct. In addition, DOE takes this opportunity to remove regulations in 10 CFR part 852 made obsolete by the repeal of the statute that authorized those regulations. None of the regulatory amendments in this notice of final rulemaking alter substantive rights or obligations under current law. This final rule has been approved by the Office of the Secretary of Energy. II. Procedural Requirements A. Review Under Executive Order 12866 Today's regulatory action 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 action was 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 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 Web site: *http://www.gc.doe.gov.* The regulatory amendments in this notice of final rulemaking reflecting transfers of functions and address changes relate 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 (5 U.S.C. 553). Furthermore, it is unnecessary to propose removal of 10 CFR part 852 for public comment because the statutory authority for it has been repealed. Consequently, this rulemaking is exempt from the requirements of the Regulatory Flexibility Act. C. Review Under the Paperwork Reduction Act This final rule does not impose a collection of information requirement subject to the Paperwork Reduction Act (44 U.S.C. 3501 *et seq.* ). D. Review Under the National Environmental Policy Act DOE has concluded that promulgation of this rule falls into a class of actions that would not individually or cumulatively have a significant impact on the human environment, as determined by DOE's regulations implementing the National Environmental Policy Act of 1969 (42 U.S.C. 4321 *et seq.* ). Specifically, this rule amends existing regulations without changing the environmental effect of the regulations being amended, and, therefore, is covered under the Categorical Exclusion in paragraph A5 of Appendix A to subpart D, 10 CFR part 1021. Accordingly, neither an environmental assessment nor an environmental impact statement is required. E. 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 today's rule and has determined that it does not preempt State law and does 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. F. 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; and

(3)provide a clear legal standard for affected conduct rather than a general standard and 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; 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 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. G. Review Under the Unfunded Mandates Reform Act of 1995. Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) requires each Federal agency to assess the effects of a Federal regulatory action on State, local, and tribal governments, and the private sector. DOE has determined that today's regulatory action does not impose a Federal mandate on State, local or tribal governments or on the private sector. 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 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 today's notice under the OMB and DOE guidelines and has concluded that it is consistent with applicable policies in those guidelines. J. 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 Office of Information and Regulatory Affairs (OIRA), Office of Management and Budget, 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)Is a significant regulatory action under Executive Order 12866, or any successor order; and

(2)is likely to have a significant adverse effect on the supply, distribution, or use of energy, or

(3)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. Today's regulatory action is not a significant energy action. Accordingly, DOE has not prepared a Statement of Energy Effects. K. Congressional Notification As required by 5 U.S.C. 801, DOE will submit to Congress a report regarding the issuance of today's final rule prior to the effective date set forth at the outset of this notice. The report will state that it has been determined that the rule is not a “major rule” as defined by 5 U.S.C. 801(2). 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 materials. 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 820 Administrative practice and procedure, Government contracts, Penalties, Radiation protection. 10 CFR Part 824 Administrative practice and procedure, Government contracts, Penalties, Radiation protection. 10 CFR Part 835 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 Administrative practice and procedure, Government contracts, Hazardous substances, Reporting and recordkeeping requirements, Workers' compensation. 10 CFR Part 852 Administrative practice and procedure, Government contracts, Hazardous substances, Reporting and recordkeeping requirements, Workers' compensation. 10 CFR Part 861 Federal buildings and facilities, Penalties, Traffic regulations. 10 CFR Part 862 Aircraft, Federal buildings and facilities, Security measures. 10 CFR Part 871 Air transportation, Hazardous materials transportation, Plutonium, Radioactive materials. 10 CFR Part 1004 Freedom of information. 10 CFR Part 1008 Privacy. 10 CFR Part 1016 Classified information, Nuclear materials, Reporting and recordkeeping requirements, Security measures. 10 CFR Part 1017 Administrative practice and procedure, Government contracts, National defense, Nuclear energy, Penalties, Security measures. 10 CFR Part 1021 Environmental impact statements. 10 CFR Part 1044 Administrative practice and procedure, Classified information, Government contracts, Whistleblowing. 10 CFR Part 1045 Classified information. 10 CFR Part 1046 Government contracts, Reporting and recordkeeping requirements, Security measures. 10 CFR Part 1049 Federal buildings and facilities, Government contracts, Law enforcement, Security measures. Issued in Washington, DC on November 20, 2006. Glenn Podonsky, Chief Health, Safety and Security Officer, Office of Health, Safety and Security. David R. Hill, General Counsel. For the reasons set forth in the preamble, 10 CFR parts 602, 710, 712, 725, 820, 824, 835, 850, 851, 852, 861, 862, 871, 1004, 1008, 1016, 1017, 1021, 1044, 1045, 1046, and 1049 are amended as follows: PART 602—EPIDEMIOLOGY AND OTHER HEALTH STUDIES FINANCIAL ASSISTANCE PROGRAM 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. § 602.1 [Amended] 2. Section 602.1 is amended by removing “Office of Environment, Safety and Health” and adding in its place “Office of Health, Safety and Security”. § 602.4 [Amended] 3. Section 602.4(a) is amended by removing “Assistant Secretary for Environment, Safety and Health” and adding in its place “DOE Chief Health, Safety and Security Officer”. § 602.5 [Amended] 4. Section 602.5(a) is amended by removing “Office of Environment, Safety and Health” and adding in its place “Office of Health, Safety and Security”. § 602.7 [Amended] 5. Section 602.7(c) is amended by removing “Office of Epidemiology and Health Surveillance (EH-42), U.S. Department of Energy, Washington, DC 20585,

(301)903-5926)” and adding in its place “Office of Illness and Injury Prevention Programs, HS-13/Germantown Building, U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585-1290, 301-903-4501”. § 602.9 [Amended] 6-7. Section 602.9 is amended as follows: A. In paragraph (b), by removing “Office of Environment, Safety and Health” and adding in its place “Office of Health, Safety and Security”; and B. In paragraph (g), by removing “Office of Environment, Safety and Health” and adding in its place “Office of Health, Safety and Security”, and by removing “Office of Environment, Safety and Health's” and adding in its place “Office of Health, Safety and Security's”. § 602.10 [Amended] 8. Section 602.10 is amended in paragraphs

(b)and

(c)by removing “Office of Epidemiology and Health Surveillance, (EH-42), U.S. Department of Energy, Washington, DC 20585” and adding in its place “Office of Illness and Injury Prevention Programs, HS-13/Germantown Building, U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585-1290”. § 602.16 [Amended] 9. Section 602.16 is amended by removing “Director of Declassification” and adding in its place “Director, Office of Classification”; by removing “U.S. Department of Energy, Attn: Director of Declassification, NN-50, Washington, DC 20585” and adding in its place “U.S. Department of Energy, Attn: Director of Classification, HS-90, P.O. Box A, Germantown, MD 20875”; by removing “Office of Safeguards and Security” and adding in its place “Office of Security Operations”; and by removing “Division of Safeguards and Security”. § 602.17 [Amended] 10. Section 602.17(a)(1) is amended by removing “Office of Environment, Safety and Health” and adding in its place “Office of Health, Safety and Security”. PART 710—CRITERIA AND PROCEDURES FOR DETERMINING ELIGIBILITY FOR ACCESS TO CLASSIFIED MATTER OR SPECIAL NUCLEAR MATERIAL 11. The authority citation for part 710 is revised to read as follows: Authority: 42 U.S.C. 2165, 2201, 5815, 7101, *et seq.* , 7383h-1; 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; E.O. 12958, as amended by E.O.13292, 68 FR 15315, 3 CFR 2004 Comp., p. 196; E.O. 12968, 3 CFR 1995 Comp., p. 391. § 710.4 [Amended] 12. Section 710.4(g) is amended by removing “Office of Safeguards and Security,” in the first sentence and by adding in its place “Office of Personnel Security” and by removing “, Office of Safeguards and Security,” in the second sentence. 13-14. Section 710.5

(a)is amended by revising the definition for “Local Director of Security” to read as set forth below, and in the definition for “Operations Office Manager or Manager”, by removing “Operations Office Manager or”, and by removing “Safeguards and Security” and adding in its place “Personnel Security”. § 710.5 Definitions.

(a)* * * *Local Director of Security* means the individual with primary responsibility for safeguards and security at the Chicago, Idaho, Oak Ridge, Richland, and Savannah River Operations Offices and the Pittsburgh and Schenectady Naval Reactors Offices; the Manager, National Nuclear Security Administration

(NNSA)Service Center; for Washington, DC area cases, the Director, Office of Security Operations; and any person designated in writing to serve in one of the aforementioned positions in an acting capacity. § 710.6 [Amended] 15-16. Section 710.6 is amended as follows: A. In paragraph (b), by removing “Office of Safeguards and Security” and adding in its place “Office of Personnel Security”; and B. In paragraph

(c), in the first sentence by removing “Office of Safeguards and Security” and adding in its place “Office of Personnel Security” and in the second sentence by removing “, Office of Safeguards and Security,”. § 710.9 [Amended] 17. Section 710.9 is amended in: a. Paragraph

(c)by removing “Office of Safeguards and Security” and adding in its place “Office of Personnel Security, DOE Headquarters”. b. Paragraph

(d)by removing “Office of Safeguards and Security” and adding in its place “Office of Personnel Security”. c. Paragraph

(e)by removing “Office of Safeguards and Security” and adding in its place “Office of Personnel Security” and by removing “Director, Office of Security Affairs” and adding in its place “Deputy Chief for Operations, Office of Health, Safety and Security”. § 710.10 [Amended] 18. Section 710.10 is amended in: a. Paragraph (d), first sentence, by removing “Office of Safeguards and Security” and adding in its place “Office of Personnel Security, DOE Headquarters”; and in the second sentence by removing “Office of Safeguards and Security”. b. Paragraph

(e)introductory text, by removing “Office of Safeguards and Security” and adding in its place “Office of Personnel Security”. c. Paragraph

(f)by removing “Office of Safeguards and Security” and adding in its place “Office of Personnel Security”; and by removing “Director, Office of Security Affairs” and adding in its place “Deputy Chief for Operations, Office of Health, Safety and Security”. § 710.21 [Amended] 19. Section 710.21(a) is amended by removing “Office of Safeguards and Security” and adding in its place “Office of Personnel Security, DOE Headquarters”. § 710.22 [Amended] 20. Section 710.22 is amended in: a. Paragraphs

(b)and

(c)introductory text by removing “Office of Safeguards and Security” and adding in its place “Office of Personnel Security, DOE Headquarters”. b. Paragraph (c)(2) by removing “Office of Safeguards and Security” and adding in its place “Office of Personnel Security”. c. Paragraph (c)(3) by removing “Office of Safeguards and Security” and adding in its place “Office of Personnel Security, DOE Headquarters”. § 710.23 [Amended] 21. Section 710.23 is amended by removing “Office of Safeguards and Security” and adding in its place “Office of Personnel Security, DOE Headquarters”. § 710.26 [Amended] 22. Section 710.26(j) is amended by removing “Operations Office” in the second sentence. § 710.27 [Amended] 23. Section 710.27(d) is amended by removing “Office of Safeguards and Security” and adding in its place “Office of Personnel Security, DOE Headquarters”. § 710.28 [Amended] 24. Section 710.28 is amended in: a. Paragraphs

(a)introductory text, (a)(3), (b)(1), (b)(2), (c)(1), and (c)(3) by removing “Office of Safeguards and Security” and adding in its place “Office of Personnel Security, DOE Headquarters”. b. Paragraph (c)(2) by removing “Director, Office of Security Affairs” and adding in its place “Deputy Chief for Operations, Office of Health, Safety and Security”; and by removing “Office of Safeguards and Security” and adding in its place “Office of Personnel Security, DOE headquarters”. c. Paragraph

(d)by removing “Office of Safeguards and Security” and adding in its place “Office of Personnel Security”. § 710.29 [Amended] 25. Section 710.29 is amended in: a. Paragraph

(a)by removing “Director, Office of Security Affairs” and adding in its place “Deputy Chief for Operations, Office of Health, Safety and Security” and by removing “Office of Safeguards and Security” and adding in its place “Office of Personnel Security”. b. Paragraphs

(b)and

(d)by removing “Director, Office of Security Affairs” and adding in its place “Deputy Chief for Operations, Office of Health, Safety and Security”. c. Paragraph

(c)by removing “Office of Safeguards and Security” and adding in its place “Office of Personnel Security” and by removing “Director, Office of Security Affairs” and adding in its place “Deputy Chief for Operations, Office of Health, Safety and Security”. d. Paragraph

(f)by removing “Director, Office of Security Affairs” and adding in its place “Deputy Chief for Operations, Office of Health, Safety and Security” the first time it appears and by removing “the Director, Office of Security Affairs” and adding in its place “he” the second time it appears. e. Paragraph

(g)by removing “Director, Office of Security Affairs” and adding in its place “Deputy Chief for Operations, Office of Health, Safety and Security” and by removing “Office of Safeguards and Security” and adding in its place “Office of Personnel Security”. f. Paragraph

(h)by removing “Director, Office of Security Affairs” and adding in its place “Deputy Chief for Operations, Office of Health, Safety and Security”; by removing “Director may” and adding in its place “Deputy Chief for Operations may”; and by removing “Director, Office of Security Affairs, shall” and adding in its place “Deputy Chief for Operations, shall”. g. Paragraph

(i)by removing “Director, Office of Security Affairs” and adding in its place “Deputy Chief for Operations, Office of Health, Safety and Security”; by removing “Director may” and adding in its place “Deputy Chief for Operations may”; and by removing “Director, Office of Security Affairs, shall” and adding in its place “Deputy Chief for Operations shall”. § 710.30 [Amended] 26. Section 710.30 is amended in: a. Paragraphs

(a)and

(b)introductory text by removing “Office of Safeguards and Security” and adding in its place “Office of Personnel Security, DOE Headquarters” . b. Paragraph (b)(2) by removing “Director, Office of Security Affairs” and adding in its place “Deputy Chief for Operations, Office of Health, Safety and Security” in the first sentence and by removing “Director, Office of Security Affairs” and adding in its place “Deputy Chief for Operations” in the second sentence. § 710.31 [Amended] 27. Section 710.31 is amended in: a. Paragraph

(a)by removing “Director, Office of Security Affairs” and adding in its place “Deputy Chief for Operations, Office of Health, Safety and Security” in both places that it appears. b. Paragraph

(b)by removing “Director, Office of Security Affairs” and adding in its place “Deputy Chief for Operations, Office of Health, Safety and Security”. c. Paragraph

(d)by removing “Director, Office of Security Affairs” and adding in its place “Deputy Chief for Operations, Office of Health, Safety and Security”. § 710.32 [Amended] 28. Section 710.32 is amended in: a. Paragraph

(c)by removing “Director, Office of Security Affairs” and adding in its place “Deputy Chief for Operations, Office of Health, Safety and Security” in the first sentence and by removing “Director, Office of Security Affairs” and adding in its place “Deputy Chief for Operations” in the second sentence. b. Paragraphs

(d)introductory text and (d)(2) by removing “Office of Safeguards and Security” and adding in its place “Office of Personnel Security, DOE Headquarters”. § 710.36 [Amended] 29. Section 710.36 is amended by removing “Office of Safeguards and Security” and adding in its place “Office of Personnel Security, DOE headquarters”; by removing “Director, Office of Security Affairs” and adding in its place “Deputy Chief for Operations, Office of Health, Safety and Security”; and by removing “the Deputy Director, Office of Security Affairs” and adding in its place “his designee”. PART 712—HUMAN RELIABILITY PROGRAM 30. 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. § 712.3 [Amended] 31. Section 712.3 is amended by: a. Removing “Deputy Assistant Secretary for Health” and adding in its place “Director, Office of Health and Safety” and moving the definition to follow the definition of “Diagnostic and Statistical Manual of Mental Disorders”. b. By removing “Deputy Assistant Secretary for Health” in the definitions of “Designated Physician”and “Designated Psychologist”and adding in its place “Director, Office of Health and Safety”. c. By removing “Manager of the Rocky Flats Office;” in the definition of “Manager”; and by removing “Director, Office of Security” in the definition of “Manager” and adding in its place “Deputy Chief for Operations, Office of Health, Safety and Security”. § 712.10 [Amended] 32. Section 712.10(b) is amended by removing “Director, Office of Security” and adding in its place “Chief Health, Safety and Security Officer”. § 712.12 [Amended] 33. Section 712.12 is amended in: a. Paragraphs (c)(1) and

(d)by removing “Director, Office of Security” and adding in its place “Chief Health, Safety and Security Officer”. b. Paragraph

(e)introductory text by removing “Security Policy Staff, within the Office of Security” and adding in its place “Office of Policy”. c. Paragraph (f)(1) by removing “Security Policy Staff” and adding in its place “Office of Policy”. § 712.14 [Amended] 34. Section 712.14 paragraphs (f)(1) and (f)(3) are amended by removing “Deputy Assistant Secretary for Health” and adding in its place “Director, Office of Health and Safety”. § 712.22 [Amended] 35. Section 712.22 is amended by removing “Director, Office of Security”in the first and third sentences and adding in both places “Chief Health, Safety and Security Officer”. § 712.23 [Amended] 36. Section 712.23 is amended by removing “Director, Office of Security's” and adding in its place “Chief Health, Safety and Security Officer's”. § 712.34 [Amended] 37. Section 712.34, paragraphs (a),

(b)introductory text,

(c)and

(d)are amended by removing “Deputy Assistant Secretary for Health” and adding in its place “Director, Office of Health and Safety”. 38. Section 712.35 is amended by revising the section heading to read as set forth below, and the introductory text is amended by removing “Deputy Assistant Secretary for Health” and add in its place “Director, Office of Health and Safety”. § 712.35 Director, Office of Health and Safety. § 712.36 [Amended] 39. Section 712.36, paragraphs (d)(1) and (d)(3) are amended by removing “Deputy Assistant Secretary for Health” and adding in its place “Director, Office of Health and Safety”. PART 725—PERMITS FOR ACCESS TO RESTRICTED DATA 40. The authority citation for part 725 is revised to read as follows: Authority: Sec. 161 of the Atomic Energy Act of 1954, as amended, 68 Stat. 943, 42 U.S.C. 2201. § 725.1 [Amended] 41. Section 725.1 is amended by removing “Administrator” and adding in its place “Chief Health, Safety and Security Officer”. § 725.3 [Amended] 42. Section 725.3(d) is amended by removing “Administrator” and adding in its place “Chief Health, Safety and Security Officer” and by removing “Administrator of the Department of Energy” and adding in its place “Chief Health, Safety and Security Officer”. § 725.4 [Amended] 43. Section 725.4 is amended by removing “Administrator” and adding in its place “Chief Health, Safety and Security Officer”. 44. Section 725.5 is revised to read as follows: § 725.5 Communications. All communications concerning this part should be addressed to the Chief Health, Safety and Security Officer, HS-1/Forrestal Building, U.S. Department of Energy, 1000 Independence Ave, SW., Washington, DC 20585. § 725.7 [Amended] 45. Section 725.7 is amended by removing “Administrator” and adding in its place “Chief Health, Safety and Security Officer”. 46. Section 725.11(a) is revised to read as follows: § 725.11 Applications.

(a)Any person desiring access to Restricted Data pursuant to this part should submit an application (Form 378), in triplicate, for an access permit to the Chief Health, Safety and Security Officer, HS-1/Forrestal Building, U.S. Department of Energy, 1000 Independence Ave, SW., Washington, DC 20585. § 725.13 [Amended] 47. Section 725.13 is amended by removing “Administrator” in both places and adding in both places “Chief Health, Safety and Security Officer”. § 725.21 [Amended] 48. Section 725.21 is amended in: a. Paragraph

(a)by removing “Administrator” and adding in its place “Chief Health, Safety and Security Officer”. b. Paragraph

(b)by removing “795 of this chapter” and adding in its place “1016 of this title”. § 725.23 [Amended] 49. Section 725.23 is amended in: a. Paragraph

(b)by removing “Administrator” and adding in its place “Chief Health, Safety and Security Officer”. b. Paragraph (c)(1) by removing “795 and 810 of this chapter” and adding in its place “810 and 1016 of this title”. c. Paragraph (c)(4) by removing “Administrator of Energy Research and Development” and adding in its place “Chief Health, Safety and Security Officer”. § 725.24 [Amended] 50. Section 725.24 is amended in: a. The introductory text by removing “cognizant Operations Office” and adding in its place “Chief Health, Safety and Security Officer will designate a DOE or National Nuclear Security Administration office which”. b. Paragraph

(b)by removing “795 of this chapter” and adding in its place “1016 of this title”. § 725.25 [Amended] 51. Section 725.25(b) is amended by removing “Administrator” and adding in its place “Chief Health, Safety and Security Officer”. 52. Section 725.28 is amended by revising the section heading to read as set forth below, and by removing “Administrator” and adding in its place “Chief Health, Safety and Security Officer”. § 725.28 Action on application to renew or amend. § 725.29 [Amended] 53. Section 725.29 is amended by removing “Administrator” and adding in its place “Chief Health, Safety and Security Officer”. § 725.30 [Amended] 54. Section 725.30 is amended by removing “Administrator” and adding in its place “Chief Health, Safety and Security Officer”. Appendix B to Part 725 [Removed] 55. Appendix B to Part 725 is removed. PART 820—PROCEDURAL RULES FOR DOE NUCLEAR ACTIVITIES 56. The authority citation for part 820 continues to read as follows: Authority: 42 U.S.C. 2201, 2282(a), 7191; 28 U.S.C. 2461 note. § 820.1 [Amended] 57. Section 820.1(c) is amended by removing “Assistance Secretary” and adding in its place “Administrator”. § 820.2 [Amended] 58-59. Section 820.2 is amended in the definition of “ *Director* ” by removing “Assistant Secretary” and adding in its place “Administrator,” and by revising the definition of “Secretarial Officer” to read as set forth below: § 820.2 Definitions. *Secretarial Officer* means an individual who is appointed to a position in the Department by the President of the United States with the advice and consent of the Senate or the head of a departmental element who is primarily responsible for the conduct of an activity under the Act. With regard to activities and facilities covered under E.O. 12344, 42 U.S.C. 7158 note, pertaining to Naval nuclear propulsion, Secretarial Officer means the Deputy Administrator for Naval Reactors. Appendix A [Amended] 60. Appendix A to Part 820 is amended in: a. Section IX.1.a. by adding “and Environment” after “Office of Nuclear Safety”; b. Section IX.9., paragraph e.(1), by removing “Office of Environment, Safety and Health” and adding in its place “Office of Health, Safety and Security” and by adding “and Environment” after “Office of Nuclear Safety”. c. Section XIII.b. by removing “Office of Investigation and Enforcement” and adding in its place “Office of Enforcement”. PART 824—PROCEDURAL RULES FOR THE ASSESSMENT OF CIVIL PENALTIES FOR CLASSIFIED INFORMATION SECURITY VIOLATIONS 61. The authority citation for part 824 continues to read as follows: Authority: 42 U.S.C. 2201, 2282b, 7101 *et seq.* ; 50 U.S.C. 2401 *et seq.* Appendix A to Part 824 [Amended] 62. Appendix A to Part 824 is amended in: a. Section IV.b. by removing “10 CFR part 824.6” and adding in its place “§ 824.6”. b. Section VIII.9., paragraph e.(1) by removing “and Performance Assurance”. PART 835—OCCUPATIONAL RADIATION PROTECTION 63. The authority citation for part 835 continues to read as follows: Authority: 42 U.S.C. 2201; 7191. § 835.1 [Amended] 64. Section 835.1(b)(2) is amended by removing “Director, Naval Nuclear Propulsion Program” and by adding in its place “Deputy Administrator for Naval Reactors”. 65. Section 835.2(a) is amended by adding the definition of “Secretarial Officer” to read as follows: § 835.2 Definitions. *Secretarial Officer* means an individual who is appointed to a position in the Department of Energy by the President of the United States with the advice and consent of the Senate or the head of a departmental element who is primarily responsible for the conduct of an activity under the Act. With regard to activities and facilities covered under E.O. 12344, 42 U.S.C. 7158 note, pertaining to Naval nuclear propulsion, Secretarial Officer means the Deputy Administrator for Naval Reactors. PART 850—CHRONIC BERYLLIUM DISEASE PREVENTION PROGRAM 66. 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. § 850.10 [Amended] 67. Section 850.10(b)(2) is amended by removing “Assistant Secretary for Environment, Safety and Health” and adding in its place “Chief Health, Safety and Security Officer”. § 850.39 [Amended] 68-69. Section 850.39 is amended in paragraph

(a)by removing “Assistant Secretary for Environment, Safety and Health” and adding in its place “Chief Health, Safety and Security Officer”, and in paragraph

(h), by removing “DOE Office of Epidemiologic Studies with the Office of Environment, Safety and Health” and adding in its place “Office of Illness and Injury Prevention Programs, Office of Health, Safety and Security”. PART 851—WORKER SAFETY AND HEALTH PROGRAM 70. 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.* § 851.8 [Amended] 71-72. Section 851.8 is amended in paragraph

(b)by removing “Office of Environment, Safety and Health, Office of Health (EH-5)” and adding in its place “Office of Health, Safety and Security”, and in paragraph

(c), by removing “Office of Environment, Safety and Health, Office of Price-Anderson Enforcement (EH-6)” and adding in its place “Office of Health, Safety and Security, Office of Enforcement, HS-40,”. § 851.11 [Amended] 73. Section 851.11(b)(2) is amended by removing “Assistant Secretary for Environment, Safety and Health” and adding in its place “Chief Health, Safety and Security Officer”. § 851.27 [Amended] 74. Section 851.27(a)(2)(ii) is amended by removing “Office of Environment, Safety and Health” and adding in its place “Office of Health, Safety and Security”. § 851.30 [Amended] 75. Section 851.30(a) is amended by removing “Assistant Secretary for Environment, Safety and Health” and adding in its place “Chief Health, Safety and Security Officer”. § 851.31 [Amended] 76-78. In § 851.31, paragraphs (a)(1), (a)(2), and (a)(3) are amended by removing “Assistant Secretary for Environment, Safety and Health” and adding in its place “Chief Health, Safety and Security Officer”, paragraph

(b)introductory text is amended by removing “Assistant Secretary for Environment, Safety and Health to be incomplete, the Assistant Secretary” and adding in its place “Chief Health, Safety and Security Officer to be incomplete, the Chief Health, Safety and Security Officer”, and paragraph (c)(5) is amended by removing “Assistant Secretary for Environment, Safety and Health” and adding in its place “Chief Health, Safety and Security Officer”. § 851.32 [Amended] 79-80. Section 851.32 is amended in: a. Paragraph (a)(1) by removing “Assistant Secretary for Environment, Safety and Health recommends approval of a variance application, the Assistant Secretary” and adding in its place “Chief Health, Safety and Security Officer recommends approval of a variance application, the Chief Health, Safety and Security Officer”. b. Paragraph (a)(2) by removing “Assistant Secretary for Environment, Safety and Health” and adding in its place “Chief Health, Safety and Security Officer” and by removing “Office of Price-Anderson Enforcement” and adding in its place “Office of Enforcement”. c. Paragraph (a)(4), by removing “Assistant Secretary for Environment, Safety and Health” and adding in its place “Chief Health, Safety and Security Officer”. d. Paragraph (c)(1), by removing “Assistant Secretary for Environment, Safety and Health recommends denial of a variance application, the Assistant Secretary” and adding in its place “Chief Health, Safety and Security Officer recommends denial of a variance application, the Chief Health, Safety and Security Officer”. e. Paragraphs (c)(2)(i) and (c)(2)(ii), by removing “Assistant Secretary” and adding in its place “Chief Health, Safety and Security Officer”. § 851.34 [Amended] 81. In § 851.34, paragraphs

(a)and

(c)are amended by removing “Assistant Secretary for Environment, Safety and Health” and adding in its place “Chief Health, Safety and Security Officer”. PART 852—GUIDELINES FOR PHYSICIAN PANEL DETERMINATIONS ON WORKER REQUESTS FOR ASSISTANCE IN FILING FOR STATE WORKERS' COMPENSATION BENEFITS 82-83. Part 852 is removed. PART 861—CONTROL OF TRAFFIC AT NEVADA TEST SITE 84. The authority citation for part 861 is revised to read as follows: Authority: 42 U.S.C. 2201. § 861.3 [Amended] 85. Section 861.3(c) is amended by removing “Operations” and adding in its place “Site”. PART 862—RESTRICTIONS ON AIRCRAFT LANDING AND AIR DELIVERY AT DEPARTMENT OF ENERGY NUCLEAR SITES 86. The authority citation for part 862 continues to read as follows: Authority: 42 U.S.C. 2201(b), 2201(i) and 2278(a). § 862.3 [Amended] 87. Section 862.3(f) is amended by removing “Manager of a DOE Operations Office” and adding in its place “manager of a DOE field office” and by removing “Director of the Office of Safeguards and Security” and adding in its place “Chief Health, Safety and Security Officer”. PART 871—AIR TRANSPORTATION OF PLUTONIUM 88. The authority citation for part 871 continues to read as follows: Authority: Pub. L. 94-187, 88 Stat. 1077, 1078 (42 U.S.C. 2391 *et seq.* ); Energy Reorganization Act, Pub. L. 93-438, 88 Stat. 1233 (42 U.S.C. 5801 *et seq.* ); secs. 2, 3, 91, 123, and 161 of the Atomic Energy Act of 1954, as amended. 89. Section 871.1, paragraph

(b)introductory text is revised, and the undesignated concluding paragraph of the section is amended by removing “They” at the beginning of each sentence and adding in its place “The Deputy Administrator for Defense Programs”. The revision reads as follows: § 871.1 National security exemption.

(b)The Deputy Administrator for Defense Programs may authorize air shipments falling within paragraph (a)(1) of this section, on a case-by-case basis: *Provided* , That the Deputy Administrator for Defense Programs determines that such shipment is required to be made by aircraft either because: § 871.2 [Amended] 90. Section 871.2 is amended by removing “Managers of DOE's Albuquerque, San Francisco, Oak Ridge, Savannah River, Nevada, Chicago, Idaho and Richland Operations Offices” and adding in its place “Deputy Administrator for Defense Programs” and by removing “they determine” and adding in its place “the Deputy Administrator determines”. § 871.3 [Amended] 91. Section 871.3 is amended by removing “authorizing officials” and by adding in its place “Deputy Administrator for Defense Programs” and by removing “Assistant Administrator for National Security” and adding in its place “Administrator of the National Nuclear Security Administration”. § 871.4 [Amended] 92. Section 871.4 is amended by removing “Assistant Administrator for National Security” and adding in its place “Administrator of the National Nuclear Security Administration”. PART 1004—FREEDOM OF INFORMATION 93. The authority citation for part 1004 continues to read as follows: Authority: 5 U.S.C. 552. 94. Section 1004.2(h) and

(p)are revised to read as follows: § 1004.2 Definitions.

(h)*Freedom of Information Officer* means the person designated to administer the Freedom of Information Act at the following DOE offices:

(1)Bonneville Power Administration, P.O. Box 3621-KDP-7, Portland, OR 97232.

(2)Carlsbad Field Office, P.O. Box 3090, Carlsbad, NM 88221.

(3)Chicago Office, 9800 S. Cass Avenue, Argonne, IL 60439.

(4)Environmental Management Consolidated Business Center, 250 East 5th Street, Suite 500, Cincinnati, OH 45202.

(5)Golden Field Office, 1617 Cole Boulevard, Golden, CO 80401.

(6)Headquarters, Department of Energy, Washington, DC 20585.

(7)Idaho Operations Office, 1955 Fremont Avenue, MS 1203, Idaho Falls, ID 83401.

(8)National Nuclear Security Administration Service Center, P.O. Box 5400, Albuquerque, NM 87185-5400.

(9)National Nuclear Security Administration Nevada Site Office, P.O. Box 98518, Las Vegas, NV 89193-3521.

(10)National Energy Technology Laboratory, 3610 Collins Ferry Road, Morgantown, WV 26507-0800.

(11)Oak Ridge Office, P.O. Box 2001, Oak Ridge, TN 37831.

(12)Office of Scientific and Technical Information, P.O. Box 2001, Oak Ridge, TN 37831.

(13)Pacific Northwest Site Office, P.O. Box 350, Mail Stop K8-50, Richland, WA 99352.

(14)Pittsburgh Naval Reactors, P.O. Box 109, West Mifflin, PA 15122-0109.

(15)Richland Operations Office, P.O. Box 550, Mail Stop A7-75, Richland, WA 99352.

(16)Savannah River Operations Office, P.O. Box A, Aiken, SC 29801.

(17)Schenectady Naval Reactors, P.O. Box 1069, Schenectady, NY 12301.

(18)Southeastern Power Administration, 1166 Athens Tech Road, Elberton, GA 30635-6711.

(19)Southwestern Power Administration, One West Third, S1200, Tulsa, OK 74103.

(20)Strategic Petroleum Reserve Project Management Office, 900 Commerce Road East-MS FE-455, New Orleans, LA 70123.

(21)Western Area Power Administration, 12155 W. Alameda Parkway, P.O. Box 281213, Lakewood, CO 80228-8213.

(p)*Secretarial Officer* means the Under Secretary; Under Secretary for Science; Administrator, Energy Information Administration; Administrator, National Nuclear Security Administration; Assistant Secretary for Congressional and Intergovernmental Affairs; Assistant Secretary for Energy Efficiency and Renewable Energy; Assistant Secretary for Environmental Management; Assistant Secretary for Fossil Energy; Assistant Secretary for Policy and International Affairs; Assistant Secretary for Nuclear Energy; Chief Financial Officer; Chief Health, Safety and Security Officer; Chief Human Capital Officer; Chief Information Officer; Director, Office of Civilian Radioactive Waste Management; Director, Office of Economic Impact and Diversity; Director, Office of Electricity Delivery and Energy Reliability; Director, Office of Hearings and Appeals; Director, Office of Legacy Management; Director, Office of Management; Director, Office of Public Affairs; Director, Office of Science; General Counsel; Inspector General; and Senior Intelligence Officer. PART 1008—RECORDS MAINTAINED ON INDIVIDUALS (PRIVACY ACT) 95. The authority citation for part 1008 continues to read as follows: Authority: 42 U.S.C. 7101 *et seq.* ; 50 U.S.C. 2401 *et seq.* ; 5 U.S.C. 552a. 96. Section 1008.2(c) is revised to read as follows: § 1008.2 Definitions.

(c)*DOE locations* means each of the following DOE components:

(1)Bonneville Power Administration, P.O. Box 3621-KDP-7, Portland, OR 97232.

(2)Carlsbad Field Office, P.O. Box 3090, Carlsbad, NM 88221.

(3)Chicago Office, 9800 S. Cass Avenue, Argonne, IL 60439.

(4)Environmental Management Consolidated Business Center, 250 East 5th Street, Suite 500, Cincinnati, OH 45202.

(5)Golden Field Office, 1617 Cole Boulevard, Golden, CO 80401.

(6)Headquarters, Department of Energy, Washington, DC 20585.

(7)Idaho Operations Office, 1955 Fremont Avenue, MS 1203, Idaho Falls, ID 83401.

(8)National Nuclear Security Administration Service Center, P.O. Box 5400, Albuquerque, NM 87185-5400.

(9)National Nuclear Security Administration Nevada Site Office, P.O. Box 98518, Las Vegas, NV 89193-3521.

(10)National Energy Technology Laboratory, 3610 Collins Ferry Road, Morgantown, WV 26507-0800.

(11)Oak Ridge Office, P.O. Box 2001, Oak Ridge, TN 37831.

(12)Office of Scientific and Technical Information, 175 S. Oak Ridge Turnpike, P.O. Box 62, Oak Ridge, TN 37830.