Unknown. Final rule; technical amendments

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--- schema: federal-register doc_type: fedreg source_file: FR-2013-08-23.xml --- 78 164 Friday, August 23, 2013 Contents Agriculture Agriculture Department See Foreign Agricultural Service See Forest Service See Rural Housing Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 52496 2013-20542 Meetings: National Agricultural Research, Extension, Education, and Economics Advisory Board, 52496-52497 2013-20618 Architectural Architectural and Transportation Barriers Compliance Board NOTICES Meetings:

Architectural and Transportation Barriers Compliance Board, 52499 2013-20550 Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Consumer Financial Protection Bureau of Consumer Financial Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 52513 2013-20650 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 52532-52535 2013-20609 2013-20642 Meetings: Disease, Disability, and Injury Prevention and Control Special Emphasis Panel, 52535 2013-20531 Commerce Commerce Department See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration See Patent and Trademark Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 52499-52500 2013-20578 Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List;

Additions and Deletions, 52511-52513 2013-20625 2013-20624 Commodity Futures Commodity Futures Trading Commission RULES Retail Commodity Transactions under Commodity Exchange Act, 52426-52429 2013-20617 Consumer Product Consumer Product Safety Commission NOTICES Meetings; Sunshine Act, 52513 2013-20693 Council Inspectors Council of the Inspectors General on Integrity and Efficiency NOTICES Senior Executive Service Performance Review Board Membership, 52513-52517 2013-20661 Defense Acquisition Defense Acquisition Regulations System RULES Defense Federal Acquisition Regulation Supplement;

Appendix A, Armed Services Board of Contract Appeals, Part 1--Charter; CFR Correction, 52457 2013-20699 Defense Department Defense Department See Defense Acquisition Regulations System See Navy Department NOTICES Performance Review Board Membership, 52517 2013-20596 Privacy Act; Systems of Records, 52517-52518 2013-20564 2013-20582 Education Department Education Department PROPOSED RULES Improving the Academic Achievement of the Disadvantaged, 52467-52473 2013-20665 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Student Assistance General Provisions; Subpart K; Cash Management, 52519-52520 2013-20587 Energy Department Energy Department See Federal Energy Regulatory Commission RULES Hearing Officer and Administrative Judge, 52389-52391 2013-20597 Environmental Protection Environmental Protection Agency PROPOSED RULES State Implementation Plans; Approvals and Promulgations: New Mexico; Prevention of Significant Deterioration; Greenhouse Gas Plantwide Applicability Limit Permitting Revisions, 52473-52476 2013-20657 State Implementation Plans;

Revisions: Arizona; Maricopa County Area, 52485-52487 2013-20654 Utah; Prevention of Significant Deterioration Program; Infrastructure Requirements for PM2.5 National Ambient Air Quality Standards, 52477-52485 2013-20662 NOTICES Environmental Impact Statements; Availability, etc., 52524-52525 2013-20647 Meetings: Dichloromethane and N-Methylpyrrolidone Toxic Substances Control Act Chemical Risk Assessment, 52525-52527 2013-20748 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives:

Airbus Airplanes, 52405-52407, 52414-52416 2013-19161 2013-19459 Embraer S.A. Airplanes, 52416-52419 2013-19463 Eurocopter Deutschland GmbH

(ECD)Helicopters, 52412-52414 2013-19443 Eurocopter Deutschland GmbH Helicopters, 52410-52412 2013-19442 Eurocopter France Helicopters, 52407-52410 2013-19438 The Boeing Company Airplanes, 52419-52422 2013-19460 Amendment of Class D and E Airspace: Wrightstown, NJ, 52422-52423 2013-20497 Amendment of Class E Airspace: Plattsburgh, NY, 52423 2013-20498 Amendment of Class E Airspace; Establishment of Class E Airspace; Revocation of Class E Airspace: Dayton, TN; Cleveland, TN; Bradley Memorial Hospital, Cleveland, TN, 52424-52425 2013-20499 Establishment of Class E Airspace: Umatilla, FL, 52425-52426 2013-20512 PROPOSED RULES Airworthiness Directives: Fokker Services B.V. Airplanes, 52465-52467 2013-20585 Federal Communications Federal Communications Commission RULES Assessment and Collection of Regulatory Fees for Fiscal Year 2013, 52433-52457 2013-20516 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 52527-52530 2013-20565 2013-20566 2013-20567 Federal Deposit Federal Deposit Insurance Corporation RULES Regulations Transferred from the Office of Thrift Supervision; CFR Correction, 52405 2013-20707 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: Public Utility District No. 1 of Snohomish County, 52520-52521 2013-20603 2013-20605 Combined Filings, 52521-52523 2013-20581 2013-20594 2013-20595 Exempt Wholesale Generators: Dominion Bridgeport Fuel Cell, LLC, et al., 52523 2013-20604 Filings: Big Rivers Electric Corp., 52523-52524 2013-20602 Petitions for Declaratory Orders: Sunoco Pipeline, LP, 52524 2013-20580 Federal Highway Federal Highway Administration NOTICES Environmental Impact Statements; Availability, etc.: I-17 Corridor Improvement Study; Maricopa County, AZ, 52602 2013-20589 Federal Motor Federal Motor Carrier Safety Administration RULES Transfers of Operating Authority Registration, 52457-52458 2013-20443 Unified Registration System, 52608-52655 2013-20446 NOTICES Qualification of Drivers; Exemption Applications: Vision, 52602-52605 2013-20590 Federal Reserve Federal Reserve System RULES Supervision and Regulation Assessments for Bank Holding and Savings and Loan Holding Companies, etc., 52391-52405 2013-20306 NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 52530-52531 2013-20592 Proposals to Engage in or to Acquire Companies Engaged in Permissible Nonbanking Activities, 52531 2013-20593 Fish Fish and Wildlife Service RULES Migratory Bird Hunting: Final Frameworks for Early Season Migratory Bird Hunting Regulations, 52658-52678 2013-20607 Food and Drug Food and Drug Administration RULES Indirect Food Additives: Adhesives and Components of Coatings; CFR Correction, 52429 2013-20702 New Animal Drugs: Diethylcarbamazine; Nicarbazin; Penicillin, 52429-52430 2013-20540 Quali-Tech Products, Inc.; Bambermycins; Pyrantel; Tylosin; Virginiamycin, 52430-52431 2013-20616 NOTICES New Animal Drugs: Diethylcarbamazine; Nicarbazin; Penicillin; Roxarsone; Withdrawal, 52536 2013-20541 Quali-Tech Products, Inc.; Bambermycins; Pyrantel; Tylosin; Virginiamycin; Withdrawal, 52535-52536 2013-20615 Foreign Agricultural Foreign Agricultural Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 52497-52498 2013-20555 Forest Forest Service NOTICES Meetings: White Pine-Nye Resource Advisory Committee, 52498 2013-20588 New Fee Sites: Monongahela National Forest, 52499 2013-20551 General Services General Services Administration NOTICES Meetings: Presidential Commission on Election Administration, 52531-52532 2013-20664 Government Accountability Government Accountability Office NOTICES Standards for Internal Control in the Federal Government, 52532 2013-20530 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration See Indian Health Service See National Institutes of Health Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 52536-52537 2013-20544 Meetings: Council on Graduate Medical Education, 52537-52538 2013-20543 Homeland Homeland Security Department See U.S. Customs and Border Protection NOTICES Privacy Act; Systems of Records, 52553-52556 2013-20635 Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Capital Advance Section 811 Grant Application for Supportive Housing for Persons with Disabilities, 52558 2013-20621 Multifamily Mortgagee's Application for Insurance Benefits, 52558-52559 2013-20628 Section 811 Project Rental Assistance for persons with Disabilities, 52557-52558 2013-20619 Federal Property Suitable as Facilities to Assist the Homeless, 52559-52560 2013-20287 Rebuild-by-Design Competition; Design Team Selections, 52560-52561 2013-20631 Indian Health Indian Health Service See Indian Health Service NOTICES Funding Opportunities: Office of Direct Service and Contracting Tribes; National Indian Health Outreach and Education, 52538-52548 2013-20535 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Ocean Energy Management Bureau See Office of Natural Resources Revenue International Trade Adm International Trade Administration NOTICES Antidumping Duty Administrative Reviews; Results, Extensions, Amendments, etc.: Polyethylene Terephthalate Film, Sheet, and Strip from the People's Republic of China, 52500 2013-20636 Antidumping Duty New Shipper Reviews; Results, Extensions, Amendments, etc.: Glycine from the People's Republic of China, 52501-52502 2013-20655 Multilayered Wood Flooring from the People's Republic of China, 52502-52504 2013-20648 Applications: Oregon Health and Science University, et al., 52504 2013-20632 List of Foreign Government Subsidies on Cheese Subject to an In-Quota Rate of Duty; Quarterly Update, 52504-52505 2013-20637 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, Rulings, etc.: Certain Sleep-Disordered Breathing Treatment Systems and Components Thereof, 52563-52564 2013-20638 Labor Department Labor Department See Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Survey of Occupational Injuries and Illnesses, 52564-52565 2013-20577 Land Land Management Bureau NOTICES Public Land Orders: No. 7820; Partial Modification, Public Water Reserve No. 107, UT, 52561-52562 2013-20591 Morris K. and Stewart L. Udall Foundation NOTICES Meetings; Sunshine Act, 52496 2013-20606 National Foundation National Foundation on the Arts and the Humanities NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: State Library Administrative Agencies Survey, FY 2014-2016, 52569-52570 2013-20663 National Highway National Highway Traffic Safety Administration NOTICES Meetings: Crash Injury Research and Engineering Network, 52605 2013-20394 National Institute National Institute of Standards and Technology NOTICES Meetings: Manufacturing Extension Partnership Advisory Board, 52505 2013-20620 National Institute National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: The National Children's Study, Vanguard (Pilot) Study, 52548-52551 2013-20549 Meetings: Center for Scientific Review, 52552 2013-20563 National Institute of Mental Health, 52551 2013-20560 National Institute on Aging, 52552 2013-20562 Scientific Management Review Board, 52552-52553 2013-20561 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska: Arrowtooth Flounder in the Bering Sea and Aleutian Islands Management Area, 52458-52459 2013-20610 PROPOSED RULES Atlantic Highly Migratory Species: 2014 Atlantic Shark Commercial Fishing Season, 52487-52495 2013-20519 NOTICES Meetings: Mid-Atlantic Fishery Management Council, 52505-52506, 52508 2013-20598 2013-20599 Pacific Fishery Management Council, 52508-52510 2013-20601 South Atlantic Fishery Management Council, 52506-52508 2013-20600 Navy Navy Department NOTICES Privacy Act; Systems of Records, 52518-52519 2013-20548 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Draft Emergency Preparedness Frequently Asked Questions, 52570 2013-20629 Facility Operating Licenses: Tennessee Valley Authority, Browns Ferry Nuclear Plant, Unit 1; Applications and Amendments, 52571-52574 2013-20627 License Amendments: Westinghouse Electric Co., LLC, Decommissioning Project, Hematite, MO, 52574-52579 2013-20630 Permit Applications: SHINE Medical Technologies, Inc., 52579 2013-20622 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Formaldehyde Standard, 52567-52568 2013-20545 Student Data Form, 52565-52567 2013-20546 Scope of Recognition; Modifications: TUV SUD America, Inc., 52568-52569 2013-20547 Ocean Energy Management Ocean Energy Management Bureau NOTICES Environmental Impact Statements; Availability, etc.: Outer Continental Shelf, Gulf of Mexico, Oil and Gas Lease Sales, Central Planning Area Lease Sales 235, 241, and 247, 52562-52563 2013-20649 Natural Resources Office of Natural Resources Revenue RULES Amendments to Service of Official Correspondence, 52431-52433 2013-20634 Patent Patent and Trademark Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Post Allowance and Refiling, 52510 2013-20537 Personnel Personnel Management Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Report of Withholdings and Contributions for Health Benefits, Life Insurance and Retirement, etc., 52579-52580 2013-20533 Request for Case Review for Enhanced Disability Annuity Benefit, 52580 2013-20532 Excepted Service, 52580-52583 2013-20534 Rural Housing Service Rural Housing Service PROPOSED RULES Single Family Housing Direct Loan Program, 52460-52464 2013-20447 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 52583-52587 2013-20571 2013-20572 2013-20573 2013-20574 2013-20575 Allocation of Regulatory Responsibilities: Financial Industry Regulatory Authority, Inc. and Topaz Exchange, LLC, 52587-52589 2013-20568 Self-Regulatory Organizations; Proposed Rule Changes: C2 Options Exchange, Inc., 52591-52594 2013-20570 EDGA Exchange, Inc., 52596-52598 2013-20613 EDGX Exchange, Inc., 52589-52591 2013-20612 Financial Industry Regulatory Authority, Inc., 52594-52596 2013-20569 Fixed Income Clearing Corp., 52598-52599 2013-20611 Small Business Small Business Administration NOTICES Disaster Declarations: Colorado, 52600 2013-20553 New Mexico, 52599-52600 2013-20554 Pennsylvania, 52600 2013-20552 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition: Koloman Moser; Correction, 52601 2013-20653 Visiting Masterpiece; Piero della Francesca's Senigallia Madonna, an Italian Treasure, Stolen and Recovered, etc., 52601 2013-20656 Meetings: Advisory Committee on Private International Law; Correction, 52601 2013-20652 Surface Transportation Surface Transportation Board NOTICES Lease and Operation Exemptions: RSL Railroad, LLC; Line of Norfolk Southern Railway Company, 52605-52606 2013-20633 Meetings: National Grain Car Council, 52606 2013-20623 Susquehanna Susquehanna River Basin Commission NOTICES Meetings: Susquehanna River Basin Commission, 52601-52602 2013-20586 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See National Highway Traffic Safety Administration See Surface Transportation Board Customs U.S. Customs and Border Protection NOTICES Commercial Gaugers and Laboratories: Saybolt, LP; Saraland, AL, 52556 2013-20558 SGS North America, Inc., 52556-52557 2013-20556 2013-20557 SGS North America, Inc.; St. Rose, LA, 52556 2013-20559 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: uSPEQ Consumer Survey Experience (Rehabilitation), 52606 2013-20539 Separate Parts In This Issue Part II Transportation Department, Federal Motor Carrier Safety Administration, 52608-52655 2013-20446 Part III Interior Department, Fish and Wildlife Service, 52658-52678 2013-20607 Reader Aids Consult the Reader Aids section at the end of this page 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. 78 164 Friday, August 23, 2013 Rules and Regulations DEPARTMENT OF ENERGY 10 CFR Parts 708 and 710 RIN 1992-AA36 Hearing Officer and Administrative Judge AGENCY: Office of Hearings and Appeals, Department of Energy (DOE). ACTION: Final rule; technical amendments. SUMMARY: DOE is amending its regulations which set forth the procedures for processing complaints by employees of DOE contractors alleging retaliation by the employers for disclosure of certain information, for participation in congressional proceedings, or for refusal to participate in dangerous activities, and which set forth the procedures for resolving questions concerning eligibility for DOE authorization to access classified matter or special nuclear material by replacing the term “Hearing Officer” with “Administrative Judge.” DATES: This rule is effective on August 23, 2013. FOR FURTHER INFORMATION CONTACT: Poli A. Marmolejos, Director, Office of Hearings and Appeals, HG-1, 1000 Independence Avenue SW, Washington, DC 20585; *Poli.Marmolejos@hq.doe.gov;* 202-287-1566. SUPPLEMENTARY INFORMATION: I. Introduction Regulations at 10 CFR part 708 set forth the procedures for processing complaints by employees of DOE contractors alleging retaliation by their employers for disclosure of information concerning danger to public or worker health or safety, substantial violations of law, or gross mismanagement; for participation in congressional proceedings; or for refusal to participate in dangerous activities. Various DOE personnel are assigned specific duties in this process. Currently, whenever the parties fail to resolve complaints informally and the complainant requests a hearing under § 708.21, a “hearing officer” presides over an evidentiary administrative hearing. Regulations at 10 CFR part 710 set forth the criteria and procedures for resolving questions concerning eligibility for DOE access authorization (or security clearance). Various DOE personnel are assigned specific duties in this process. Currently, a “hearing officer” presides over an evidentiary administrative review hearing when an applicant for, or holder of, access authorization requests such a hearing under § 710.21. Personnel in other agencies of the Federal Government who perform identical or similar duties, both in the specific contexts of adverse employment actions and security clearance and in other areas, are commonly referred to as “Administrative Judges.” To accurately recognize the adjudicative duties performed by DOE hearing officers under parts 708 and 710, and for greater consistency with the title employed by other Federal agencies for positions that carry the same or essentially identical duties and responsibilities, this final rule replaces all references to the term “Hearing Officer,” in both parts, with the term “Administrative Judge.” The regulatory amendments in this final rule do not alter substantive rights or obligations under current law. II. Procedural Requirements A. Review Under Executive Orders 12866 and 13563 It has been determined that this nomenclature change is not “a significant regulatory action,” as defined in Executive Order 12866, “Regulatory Planning and Review,” 58 FR 51735 (October 4, 1993). Accordingly, this action is not subject to review under Executive Order 12866 by the Office of Information and Regulatory Affairs of the Office of Management and Budget (OMB). DOE has also reviewed this regulation pursuant to Executive Order 13563 (76 FR 3281 (Jan. 21, 2011)). Executive Order 13563 is supplemental to, and explicitly reaffirms the principles, structures, and definitions governing, the regulatory review established in Executive Order 12866. To the extent permitted by law, agencies are required by Executive Order 13563 to:

(1)Propose or adopt a regulation only upon a reasoned determination that its benefits justify its costs (recognizing that some benefits and costs are difficult to quantify);

(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 (including potential economic, environmental, public health and safety, and other advantages; distributive impacts; and equity);

(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. DOE emphasizes as well that Executive Order 13563 requires agencies to use the best available techniques to quantify anticipated present and future benefits and costs as accurately as possible. In its guidance, the Office of Information and Regulatory Affairs has emphasized that such techniques may include identifying changing future compliance costs that might result from technological innovation or anticipated behavioral changes. DOE believes that today's rule is consistent with the principles of Executive Order 13563. B. Administrative Procedure Act The regulatory amendments in this notice of final rulemaking reflect a nomenclature change that relates solely to internal agency organization, management, and personnel. As such, pursuant to 5 U.S.C. 553(a)(2), this rule is not subject to the rulemaking requirements of the Administrative Procedure Act, including the requirements to provide prior notice and an opportunity for public comment and a 30-day delay in effective date. C. 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 this rule of agency organization, management, and personnel is not subject to the requirement to provide prior notice and an opportunity for public comment under 5 U.S.C. 553 or any other law, this rule is not subject to the analytical requirements of the Regulatory Flexibility Act. D. 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.* ). E. Review Under the National Environmental Policy Act DOE has concluded that promulgation of this rule will 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. F. Review Under Executive Order 13132 Executive Order 13132, “Federalism,” 64 FR 43255 (August 4, 1999) imposes certain requirements on agencies formulating and implementing policies or regulations that preempt State law or that have federalism implications. Agencies are required to examine the constitutional and statutory authority supporting any action that would limit the policymaking discretion of the States and carefully assess the necessity for such actions. The Executive Order also requires agencies to have an accountable process to ensure meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications. On March 14, 2000, DOE published a statement of policy describing the intergovernmental consultation process it will follow in the development of such regulations (65 FR 13735). DOE has determined that this final rule 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. G. 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. H. 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. I. 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 final rule will not have any impact on the autonomy or integrity of the family as an institution. Accordingly, DOE has concluded that it is not necessary to prepare a Family Policymaking Assessment. J. Review Under the Treasury and General Government Appropriations Act, 2001 The Treasury and General Government Appropriations Act, 2001 (44 U.S.C. 3501, *et seq.* ) requires that agencies review disseminations of information to the public under guidelines established by each agency pursuant to general guideline 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 those guidelines. K. 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)of the 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. This final rule is not a significant energy action. Accordingly, DOE has not prepared a Statement of Energy Effects. L. 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. 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). M. Approval by the Office of the Secretary of Energy The Office of the Secretary of Energy has approved the issuance of this final rule. List of Subjects 10 CFR Part 708 Administrative practice and procedure, Government contracts, Whistleblowing. 10 CFR Part 710 Administrative practice and procedure, Classified information, Government contracts, Government employees, Nuclear materials. Issued in Washington, DC, on August 19, 2013. Poli A. Marmolejos, Director, Office of Hearings and Appeals. For the reasons stated in the preamble, DOE amends parts 708 and 710 of chapter III, title 10, Code of Federal Regulations, as set forth below: PART 708—DOE CONTRACTOR EMPLOYEE PROTECTION PROGRAM 1. The authority citation for part 708 continues to read as follows: Authority: 42 U.S.C. 2201(b), 2201(c), 2201(l), 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. §§ 708.2, 708.24, 708.25, 708.26, 708.27, 708.28, 708.30, 708.31, and 708.32 [Amended] 2. Sections 708.2 (definition); 708.24(b); 708.25; 708.26; 708.27; 708.28(b); 708.30; 708.31; and 708.32(a) and

(c)are amended by removing the words “Hearing Officer” and adding in their place the words “Administrative Judge”. PART 710—CRITERIA AND PROCEDURES FOR DETERMINING ELIGIBILTY FOR ACCESS TO CLASSIFIED MATTER OR SPECIAL NUCLEAR MATERIAL 3. The authority citation for part 710 continues to read as follows: Authority: 42 U.S.C. 2165, 2201, 5815, 7101, *et seq.,* 7383h-l; 50 U.S.C. 2401 *et seq.;* E.O. 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. 13526, 3 CFR 2010 Comp., pp. 298-327 (or successor orders); E.O. 12968, 3 CFR 1995 Comp., p. 391. §§ 710.5, 710.21, 710.22, 710.25, 710.26, 710.27, 710.28, 710.29, 710.30, 710.32, 710.34, and 710.35 [Amended] 4. Sections 710.5(a); 710.21(b)(3)(ii) and

(6)through (8); 710.22(a)(1) through (3); 710.25 section heading and

(b)through (f); 710.26(a) through (k),

(l)introductory text, (l)(2)(ii), and (p); 710.27; 710.28 section heading, (a)(1) and (4),

(b)introductory text, (b)(3), and

(c)introductory text; 710.29(i); 710.30(b)(1) and (2); 710.32(a) and

(b)introductory text; 710.34; and 710.35 are amended by removing the words “Hearing Officer” and adding, in their place, the words “Administrative Judge”. [FR Doc. 2013-20597 Filed 8-22-13; 8:45 am]

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