[Federal Register: March 20, 1998 (Volume 63, Number 54)]
[Rules and Regulations]               
[Page 13485-13486]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20mr98-3]

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DEPARTMENT OF ENERGY

10 CFR Chapter 15

RIN 1990 AA25

 
Office of the Federal Inspector for the Alaska Natural Gas 
Transportation System

AGENCY: Office of Fossil Energy, DOE.

ACTION: Final rule.

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SUMMARY: The Office of Fossil Energy, Department of Energy, is 
eliminating the regulations codified at 10 CFR chapter 15, entitled 
``Office of the Federal Inspector for the Alaska Natural Gas 
Transportation System.''

EFFECTIVE DATE: March 20, 1998.

FOR FURTHER INFORMATION CONTACT: Nancy Ellett, Office of Fossil Energy, 
(202) 586-4669, or Diane Stubbs, Office of the General Counsel, (202) 
586-6667.

SUPPLEMENTARY INFORMATION: The regulations codified at 10 CFR chapter 
15, entitled ``Office of the Federal Inspector for the Alaska Natural 
Gas Transportation System,'' are being eliminated as contemplated by 
section 3012 of the Energy Policy Act of 1992 (EPACT), Pub. L. 102-486, 
106 Stat. 2776, 3128 (1992).
    The Office of the Federal Inspector (OFI) was established pursuant 
to the Alaska Natural Gas Transportation Act of 1976 (ANGTA), 15 U.S.C. 
719; Reorganization Plan No. 1 of 1979, 44 FR 33663 (June 12, 1979); 
and Executive Order No. 12142, 44 FR 36927 (June 25, 1979), to oversee 
construction of the Alaska Natural Gas Transportation System (ANGTS). 
The ANGTS encompasses a 4,800-mile joint U.S.-Canadian overland 
pipeline project selected and approved for the delivery of Alaska 
natural gas from Prudhoe Bay to the lower 48 states. The first phase of 
the project, completed in the early 1980s, involved construction of 
facilities in the United States and southern Canada. Changing economic 
conditions and natural gas markets have not supported the second phase 
of construction, which would complete the Alaskan and northern Canadian 
portions of ANGTS.
    In recognition of ANGTS construction inactivity, section 3012 of 
EPACT repealed section 7(a)(5) of ANGTA, which authorized the 
appointment of a Federal Inspector; abolished OFI and transferred all 
functions and authority vested in the Federal Inspector to the 
Secretary of Energy; and revoked the OFI regulations in 10 CFR chapter 
15. This rule merely eliminates from the CFR regulations which have 
already

[[Page 13486]]

been revoked by law. In the event of remobilization, the Department 
would promulgate those regulations determined to be necessary for its 
oversight of ANGTS construction activity.

A. Administrative Procedure Act

    In accordance with 5 U.S.C. 553(b), the Administrative Procedure 
Act, DOE generally publishes a rule in a proposed form and solicits 
public comment on it before issuing the rule in final. However, 5 
U.S.C. 553(b)(3)(B) provides an exception to the public comment 
requirement if the agency finds good cause to omit advance notice and 
public participation. Good cause is shown when public comment is 
``impracticable, unnecessary, or contrary to the public interest.''
    Because the statutory authority for OFI has been repealed and its 
regulations have been revoked by EPACT, the Department finds that 
providing an opportunity for public comment prior to publication of 
this rule is not necessary and would be contrary to the public 
interest.

B. Review Under Executive Order 12866

    Today's action does not constitute a ``significant regulatory 
action'' as defined in section 3(f) of Executive Order 12866, 
``Regulatory Planning and Review'' (58 FR 51735), and has not been 
reviewed by the Office of Management and Budget.

C. Review Under the Paperwork Reduction Act

    No new information collection requirements subject to the Paperwork 
Reduction Act, 44 U.S.C. 501 et seq., are imposed by today's regulatory 
action.

D. Federalism

    The Department has analyzed this rulemaking in accordance with the 
principles and criteria contained in Executive Order 12612, and has 
determined that there are no implications for federalism that would 
warrant the preparation of a Federalism Assessment.

E. National Environmental Policy Act

    The regulations being amended have no current environmental effect 
and this rulemaking will not change that status quo. The Department has 
therefore determined that this rule is covered under the Categorical 
Exclusion found at paragraph A.5 of Appendix A to subpart D, 10 CFR 
part 1021, which applies to a rulemaking amending an existing 
regulation that does not change the environmental effect of the 
regulation being amended. Accordingly, neither an environmental 
assessment nor an environmental impact statement is required.

F. Review Under the Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 requires each 
agency to assess the effects of Federal regulatory action on State, 
local, and tribal governments and the private sector. Section 201 
excepts agencies from assessing effects on State, local or tribal 
governments or the private sector of rules that incorporate 
requirements specifically set forth in law. The Department has 
determined that today's regulatory action does not impose a Federal 
mandate on State, local or tribal governments or on the private sector.

G. Regulatory Flexibility Act

    The Regulatory Flexibility Act, 5 U.S.C. 601 et seq., directs 
agencies to prepare a regulatory flexibility analysis whenever an 
agency is required to publish a general notice of proposed rulemaking. 
As discussed above, the Department has determined that prior notice and 
opportunity for public comment is unnecessary and contrary to the 
public interest. In accordance with 5 U.S.C. 604(a), no regulatory 
flexibility analysis has been prepared for today's rule.

H. Small Business Regulatory Enforcement Fairness Act

    In accordance with section 801 of the Small Business Regulatory 
Enforcement Act of 1996, 5 U.S.C. 801, DOE will report to Congress the 
promulgation of this rule prior to its effective date. The report will 
state that it has been determined that this rule is not a ``major 
rule'' as defined by 5 U.S.C. 804(a).

I. Review Under Executive Order 12988

    With respect to the review of existing regulations and the 
promulgation of new regulations, section 3 of Executive Order 12988, 
``Civil Justice Reform,'' 61 FR 4729 (February 7, 1996), imposes on 
Executive agencies the general duty to eliminate drafting errors and 
ambiguity; write regulations to minimize litigation; provide a clear 
legal standard for affected conduct rather than a general standard; and 
promote simplification and burden reduction. 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. 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.

List of Subjects in 10 CFR Chapter 15

10 CFR 1500

    Alaska Natural Gas Transportation System, Office of Federal 
Inspector Organization and functions (Government agencies), Seals and 
insignia.

10 CFR 1502

    Alaska Natural Gas Transportation System, Office of Federal 
Inspector, Organization and functions (Government agencies).

10 CFR 1504

    Alaska Natural Gas Transportation System, Office of Federal 
Inspector, Confidential business information, Freedom of information.

10 CFR 1506

    Alaska Natural Gas Transportation System, Office of Federal 
Inspector, Conflict of interests, Penalties.

10 CFR 1530

    Administrative practice and procedure, Alaska, Alaska Natural Gas 
Transportation System, Office of Federal Inspector, Natural gas, 
Pipelines, Public lands-rights-of-way.

10 CFR 1534

    Administrative practice and procedure, Alaska, Alaska Natural Gas 
Transportation System, Office of Federal Inspector, Civil rights, Equal 
employment opportunity, Natural gas, Pipelines.

10 CFR 1535

    Administrative practice and procedure, Alaska Natural Gas 
Transportation System, Office of Federal Inspector, Civil rights, Equal 
employment opportunity, Federal buildings and facilities, Individuals 
with disabilities.

    Issued in Washington, D.C. on March 16, 1998.
Robert S. Kripowicz,
Principal Deputy Assistant Secretary for Fossil Energy.

    As set forth in the preamble, under the authority of section 3012 
of the Energy Policy Act of 1992, Pub. L. 102-486, 106 Stat. 2776, 3128 
(1992), title 10 of the Code of Federal Regulations is amended by 
removing chapter 15, consisting of parts 1500-1535.

[FR Doc. 98-7296 Filed 3-19-98; 8:45 am]
BILLING CODE 6450-01-P