Rule: Technical Amendments

68727
Rules and Regulations Federal Register

Vol. 71, No. 228
Tuesday, November 28, 2006
This section of the FEDERAL REGISTER DATES: Effective Date: This rule is the responsibility of the Office of the
contains regulatory documents having general effective on November 28, 2006. Under Secretary for Energy, and for new
applicability and legal effect, most of which FOR FURTHER INFORMATION CONTACT: NNSA facilities, the Office of the Under
are keyed to and codified in the Code of Stephen Duarte, Office of the General Secretary for Nuclear Security.
Federal Regulations, which is published under Management of the Radiological
50 titles pursuant to 44 U.S.C. 1510.
Counsel, GC–71, 1000 Independence
Avenue, SW., Washington, DC 20585; Environment Science Laboratory has
The Code of Federal Regulations is sold by steve.duarte@hq.doe.gov; 202–586– been transferred to the Office of Nuclear
the Superintendent of Documents. Prices of 2951. Energy and the management of the New
new books are listed in the first FEDERAL SUPPLEMENTARY INFORMATION:
Brunswick Laboratory has been
REGISTER issue of each week. transferred to the Office of Science to
I. Introduction better align those activities with their
DOE has created a new office to current programmatic functions. The
DEPARTMENT OF ENERGY strengthen and improve the health, Office of Management will assume non-
safety, and security of DOE workers, safety related quality assurance program
10 CFR Parts 602, 710, 712, 725, 820, elements and the management of DOE’s
824, 835, 850, 851, 852, 861, 862, 871, facilities and the public. The new office,
called the Office of Health, Safety and foreign travel and exchange visitor
1004, 1008, 1016, 1017, 1021, 1044, program.
1045, 1046, and 1049 Security (HSS), will help formulate and
implement health, safety, Certain of the functions that were
RIN 1901–AB22 environmental, and security policy for transferred to HSS and the NEPA
DOE, provide assistance to DOE sites, functions that were transferred to the
Technical Amendments: Transfer of conduct oversight through rigorous field Office of the General Counsel are subject
Office Functions and Removal of inspections, and carry out enforcement to regulations in title 10 of the Code of
Obsolete Regulations activities previously carried out by the Federal Regulations. As a result of the
AGENCY:Department of Energy (DOE). Offices of Environment, Safety and transfers, title 10 of the Code of Federal
Health (EH) and Security and Safety Regulations contains references to DOE
Final rule; technical
ACTION:
Performance Assurance (SSA). HSS is program offices and positions that are
amendment.
led by a Chief Health, Safety and no longer extant. Today’s final rule
SUMMARY: DOE has created a new Office Security Officer who reports directly to amends title 10 of the Code of Federal
of Health, Safety and Security to the Secretary of Energy. Regulations to reflect DOE’s new
strengthen and improve formulation and The HSS office has nine offices organizational structure and to update
implementation of health, safety and dedicated to health, safety and security, addresses that are no longer correct. In
security policy. Incident to creation of which include the Office of Health and addition, DOE takes this opportunity to
the new office, DOE has transferred Safety; Office of Nuclear Safety and remove regulations in 10 CFR part 852
certain health, safety and security Environment; Office of Corporate Safety made obsolete by the repeal of the
functions to the new office that Analysis; Office of Enforcement; Office statute that authorized those
previously were carried out by the of Independent Oversight; Office of regulations. None of the regulatory
Office of Environment, Safety and Security Policy; Office of Security amendments in this notice of final
Health and the Office of Security and Technology and Assistance; Office of rulemaking alter substantive rights or
Safety Performance Assurance. Certain Classification; and the National Training obligations under current law.
functions related to DOE’s Center. In addition, HSS now includes This final rule has been approved by
responsibilities under the National the Office of the Departmental the Office of the Secretary of Energy.
Environmental Policy Act have been Representative to the Defense Nuclear II. Procedural Requirements
transferred to the Office of the General Facilities Safety Board and the Office of
Counsel. Other functions outside of the Security Operations. A. Review Under Executive Order 12866
core mission of health, safety and Functions that were performed by EH Today’s regulatory action has been
security have been transferred to other or SSA but which are outside the core determined not to be ‘‘a significant
DOE offices performing similar or mission of health, safety and security regulatory action’’ under Executive
related functions. This notice of final have been transferred to other DOE Order 12866, ‘‘Regulatory Planning and
rulemaking makes technical program offices performing similar or Review,’’ 58 FR 51735 (October 4, 1993).
amendments to DOE’s regulations to related functions. The DOE Office of Accordingly, this action was not subject
substitute the officials to whom or National Environmental Policy Act to review under that Executive Order by
offices to which functions have been (NEPA) Policy and Compliance has been the Office of Information and Regulatory
transferred pursuant to the transferred to the Office of the General Affairs of the Office of Management and
reorganization of offices and functions. Counsel. DOE’s continuity of Budget (OMB).
DOE also is removing Office of government program and support for
Environment, Safety and Health technical review of authorization basis B. Review Under the Regulatory
regulations in 10 CFR part 852 because documents, previously performed by Flexibility Act
mstockstill on PROD1PC61 with RULES
Congress has transferred that authority SSA, has been transferred to DOE’s The Regulatory Flexibility Act (5
to the Department of Labor. Today’s National Nuclear Security U.S.C. 601 et seq.) requires preparation
regulatory amendments do not alter Administration (NNSA). Support of of an initial regulatory flexibility
substantive rights or obligations under safety regulations for newly constructed analysis for any rule that by law must
current law. facilities and new start projects are now be proposed for public comment, unless
VerDate Aug<31>2005 13:50 Nov 27, 2006 Jkt 211001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\28NOR1.SGM 28NOR1
68728 Federal Register / Vol. 71, No. 228 / Tuesday, November 28, 2006 / Rules and Regulations
the agency certifies that the rule, if Agencies are required to examine the G. Review Under the Unfunded
promulgated, will not have a significant constitutional and statutory authority Mandates Reform Act of 1995.
economic impact on a substantial supporting any action that would limit Title II of the Unfunded Mandates
number of small entities. As required by the policymaking discretion of the Reform Act of 1995 (Pub. L. 104–4)
Executive Order 13272, ‘‘Proper States and carefully assess the necessity requires each Federal agency to assess
Consideration of Small Entities in for such actions. The Executive Order the effects of a Federal regulatory action
Agency Rulemaking,’’ 67 FR 53461 also requires agencies to have an on State, local, and tribal governments,
(August 16, 2002), DOE published accountable process to ensure and the private sector. DOE has
procedures and policies to ensure that meaningful and timely input by State determined that today’s regulatory
the potential impacts of its draft rules and local officials in the development of action does not impose a Federal
on small entities are properly regulatory policies that have federalism mandate on State, local or tribal
considered during the rulemaking implications. On March 14, 2000, DOE governments or on the private sector.
process (68 FR 7990, February 19, 2003), published a statement of policy
and has made them available on the describing the intergovernmental H. Review Under the Treasury and
Office of General Counsel’s Web site: consultation process it will follow in the General Government Appropriations
http://www.gc.doe.gov. development of such regulations (65 FR Act, 1999
The regulatory amendments in this 13735). DOE has examined today’s rule Section 654 of the Treasury and
notice of final rulemaking reflecting and has determined that it does not General Government Appropriations
transfers of functions and address preempt State law and does not have a Act, 1999 (Pub. L. 105–277) requires
changes relate solely to internal agency substantial direct effect on the States, on Federal agencies to issue a Family
organization, management or personnel, the relationship between the national Policymaking Assessment for any rule
and as such, are not subject to the government and the States, or on the that may affect family well-being. This
requirement for a general notice of distribution of power and rule would not have any impact on the
proposed rulemaking under the responsibilities among the various autonomy or integrity of the family as
Administrative Procedure Act (5 U.S.C. levels of government. No further action an institution. Accordingly, DOE has
553). Furthermore, it is unnecessary to is required by Executive Order 13132. concluded that it is not necessary to
propose removal of 10 CFR part 852 for prepare a Family Policymaking
public comment because the statutory F. Review Under Executive Order 12988 Assessment.
authority for it has been repealed. With respect to the review of existing
Consequently, this rulemaking is I. Review Under the Treasury and
regulations and the promulgation of General Government Appropriations
exempt from the requirements of the new regulations, section 3(a) of Act, 2001
Regulatory Flexibility Act. Executive Order 12988, ‘‘Civil Justice
The Treasury and General
C. Review Under the Paperwork Reform’’ (61 FR 4729, February 7, 1996),
Government Appropriations Act, 2001
Reduction Act imposes on Federal agencies the general (44 U.S.C. 3516, note) provides for
This final rule does not impose a duty to adhere to the following agencies to review most disseminations
collection of information requirement requirements: (1) Eliminate drafting of information to the public under
subject to the Paperwork Reduction Act errors and ambiguity; (2) write guidelines established by each agency
(44 U.S.C. 3501 et seq.). regulations to minimize litigation; and pursuant to general guidelines issued by
(3) provide a clear legal standard for OMB. OMB’s guidelines were published
D. Review Under the National affected conduct rather than a general at 67 FR 8452 (February 22, 2002), and
Environmental Policy Act standard and promote simplification DOE’s guidelines were published at 67
DOE has concluded that promulgation and burden reduction. Section 3(b) of FR 62446 (October 7, 2002). DOE has
of this rule falls into a class of actions Executive Order 12988 specifically reviewed today’s notice under the OMB
that would not individually or requires that Executive agencies make and DOE guidelines and has concluded
cumulatively have a significant impact every reasonable effort to ensure that the that it is consistent with applicable
on the human environment, as regulation: (1) Clearly specifies the policies in those guidelines.
determined by DOE’s regulations preemptive effect, if any; (2) clearly
implementing the National specifies any effect on existing Federal J. Review Under Executive Order 13211
Environmental Policy Act of 1969 (42 law or regulation; (3) provides a clear Executive Order 13211, ‘‘Actions
U.S.C. 4321 et seq.). Specifically, this legal standard for affected conduct Concerning Regulations That
rule amends existing regulations while promoting simplification and Significantly Affect Energy Supply,
without changing the environmental burden reduction; (4) specifies the Distribution, or Use,’’ 66 FR 28355 (May
effect of the regulations being amended, retroactive effect, if any; (5) adequately 22, 2001) requires Federal agencies to
and, therefore, is covered under the defines key terms; and (6) addresses prepare and submit to the Office of
Categorical Exclusion in paragraph A5 other important issues affecting clarity Information and Regulatory Affairs
of Appendix A to subpart D, 10 CFR and general draftsmanship under any (OIRA), Office of Management and
part 1021. Accordingly, neither an guidelines issued by the Attorney Budget, a Statement of Energy Effects for
environmental assessment nor an General. Section 3(c) of Executive Order any proposed significant energy action.
environmental impact statement is 12988 requires Executive agencies to A ‘‘significant energy action’’ is defined
required. review regulations in light of applicable as any action by an agency that
standards in section 3(a) and section promulgated or is expected to lead to
E. Review Under Executive Order 13132 3(b) to determine whether they are met promulgation of a final rule, and that:
Executive Order 13132, ‘‘Federalism,’’ or it is unreasonable to meet one or (1) Is a significant regulatory action
64 FR 43255 (August 4, 1999) imposes more of them. DOE has completed the under Executive Order 12866, or any
certain requirements on agencies required review and determined that, to successor order; and (2) is likely to have
formulating and implementing policies the extent permitted by law, this final a significant adverse effect on the
or regulations that preempt State law or rule meets the relevant standards of supply, distribution, or use of energy, or
that have federalism implications. Executive Order 12988. (3) is designated by the Administrator of
Federal Register / Vol. 71, No. 228 / Tuesday, November 28, 2006 / Rules and Regulations 68729
OIRA as a significant energy action. For health, Reporting and recordkeeping Issued in Washington, DC on November 20,
any proposed significant energy action, requirements. 2006.
the agency must give a detailed Glenn Podonsky,
10 CFR Part 851
statement of any adverse effects on Chief Health, Safety and Security Officer,
energy supply, distribution, or use Administrative practice and Office of Health, Safety and Security.
should the proposal be implemented, procedure, Government contracts, David R. Hill,
and of reasonable alternatives to the Hazardous substances, Reporting and General Counsel.
action and their expected benefits on recordkeeping requirements, Workers’ ■ For the reasons set forth in the
energy supply, distribution, and use. compensation. preamble, 10 CFR parts 602, 710, 712,
Today’s regulatory action is not a 725, 820, 824, 835, 850, 851, 852, 861,
significant energy action. Accordingly, 10 CFR Part 852
862, 871, 1004, 1008, 1016, 1017, 1021,
DOE has not prepared a Statement of Administrative practice and 1044, 1045, 1046, and 1049 are
Energy Effects. procedure, Government contracts, amended as follows:
K. Congressional Notification Hazardous substances, Reporting and
recordkeeping requirements, Workers’ PART 602—EPIDEMIOLOGY AND
As required by 5 U.S.C. 801, DOE will compensation. OTHER HEALTH STUDIES FINANCIAL
submit to Congress a report regarding ASSISTANCE PROGRAM
the issuance of today’s final rule prior 10 CFR Part 861
to the effective date set forth at the ■ 1. The authority citation for part 602
Federal buildings and facilities, continues to read as follows:
outset of this notice. The report will Penalties, Traffic regulations.
state that it has been determined that Authority: 42 U.S.C. 2051; 42 U.S.C. 5817;
the rule is not a ‘‘major rule’’ as defined 10 CFR Part 862 42 U.S.C. 5901–5920; 42 U.S.C. 7254 and
by 5 U.S.C. 801(2). 7256; 31 U.S.C. 6301–6308.
Aircraft, Federal buildings and
List of Subjects facilities, Security measures. § 602.1 [Amended]
10 CFR Part 602 10 CFR Part 871 ■ 2. Section 602.1 is amended by

removing ‘‘Office of Environment,
Grant programs-health, Medical Air transportation, Hazardous Safety and Health’’ and adding in its
research, Occupational safety and materials transportation, Plutonium, place ‘‘Office of Health, Safety and
health, Reporting and recordkeeping Radioactive materials. Security’’.
requirements.
10 CFR Part 1004 § 602.4 [Amended]
10 CFR Part 710
Freedom of information. ■ 3. Section 602.4(a) is amended by
Administrative practice and removing ‘‘Assistant Secretary for
procedure, Classified information, 10 CFR Part 1008
Environment, Safety and Health’’ and
Government contracts, Government Privacy. adding in its place ‘‘DOE Chief Health,
employees, Nuclear materials. Safety and Security Officer’’.
10 CFR Part 1016
10 CFR Part 712 § 602.5 [Amended]
Classified information, Nuclear
Administrative practice and materials, Reporting and recordkeeping ■ 4. Section 602.5(a) is amended by
procedure, Alcohol abuse, Classified requirements, Security measures. removing ‘‘Office of Environment,
information, Drug abuse, Government Safety and Health’’ and adding in its
contracts, Government employees, 10 CFR Part 1017 place ‘‘Office of Health, Safety and
Health, Occupational safety and health, Administrative practice and Security’’.
Radiation protection, Security measures. procedure, Government contracts, § 602.7 [Amended]
10 CFR Part 725 National defense, Nuclear energy,
Penalties, Security measures. ■ 5. Section 602.7(c) is amended by
Classified information, Nuclear removing ‘‘Office of Epidemiology and
materials, Reporting and recordkeeping 10 CFR Part 1021 Health Surveillance (EH–42), U.S.
requirements. Department of Energy, Washington, DC
Environmental impact statements.
10 CFR Part 820 20585, (301) 903–5926)’’ and adding in
10 CFR Part 1044 its place ‘‘Office of Illness and Injury
Administrative practice and Prevention Programs, HS–13/
procedure, Government contracts, Administrative practice and
Germantown Building, U.S. Department
Penalties, Radiation protection. procedure, Classified information,
of Energy, 1000 Independence Avenue,
Government contracts, Whistleblowing.
10 CFR Part 824 SW., Washington, DC 20585–1290, 301–
10 CFR Part 1045 903–4501’’.
Administrative practice and
procedure, Government contracts, Classified information. § 602.9 [Amended]
Penalties, Radiation protection. 10 CFR Part 1046 ■ 6–7. Section 602.9 is amended as
10 CFR Part 835 follows:
Government contracts, Reporting and ■ A. In paragraph (b), by removing
Occupational safety and health, recordkeeping requirements, Security ‘‘Office of Environment, Safety and
Radiation protection, Reporting and measures. Health’’ and adding in its place ‘‘Office
recordkeeping requirements. 10 CFR Part 1049 of Health, Safety and Security’’; and
■ B. In paragraph (g), by removing
10 CFR Part 850
Federal buildings and facilities, ‘‘Office of Environment, Safety and
Beryllium, Hazardous substances, Government contracts, Law Health’’ and adding in its place ‘‘Office
Lung diseases, Occupational safety and enforcement, Security measures. of Health, Safety and Security’’, and by
removing ‘‘Office of Environment, ‘‘Operations Office Manager or ■ c. Paragraph (f) by removing ‘‘Office of
Safety and Health’s’’ and adding in its Manager’’, by removing ‘‘Operations Safeguards and Security’’ and adding in
place ‘‘Office of Health, Safety and Office Manager or’’, and by removing its place ‘‘Office of Personnel Security’’;
Security’s’’. ‘‘Safeguards and Security’’ and adding and by removing ‘‘Director, Office of
in its place ‘‘Personnel Security’’. Security Affairs’’ and adding in its place
§ 602.10 [Amended] ‘‘Deputy Chief for Operations, Office of
§ 710.5 Definitions. Health, Safety and Security’’.
■ 8. Section 602.10 is amended in (a) * * *
paragraphs (b) and (c) by removing Local Director of Security means the § 710.21 [Amended]
‘‘Office of Epidemiology and Health individual with primary responsibility
Surveillance, (EH–42), U.S. Department ■ 19. Section 710.21(a) is amended by
for safeguards and security at the removing ‘‘Office of Safeguards and
of Energy, Washington, DC 20585’’ and Chicago, Idaho, Oak Ridge, Richland,
adding in its place ‘‘Office of Illness and Security’’ and adding in its place
and Savannah River Operations Offices ‘‘Office of Personnel Security, DOE
Injury Prevention Programs, HS–13/ and the Pittsburgh and Schenectady
Germantown Building, U.S. Department Headquarters’’.
Naval Reactors Offices; the Manager,
of Energy, 1000 Independence Avenue, National Nuclear Security § 710.22 [Amended]
SW., Washington, DC 20585–1290’’. Administration (NNSA) Service Center; ■ 20. Section 710.22 is amended in:
§ 602.16 [Amended] for Washington, DC area cases, the ■ a. Paragraphs (b) and (c) introductory
Director, Office of Security Operations; text by removing ‘‘Office of Safeguards
■ 9. Section 602.16 is amended by and any person designated in writing to
removing ‘‘Director of Declassification’’ and Security’’ and adding in its place
serve in one of the aforementioned ‘‘Office of Personnel Security, DOE
and adding in its place ‘‘Director, Office positions in an acting capacity.
of Classification’’; by removing ‘‘U.S. Headquarters’’.
Department of Energy, Attn: Director of * * * * * ■ b. Paragraph (c)(2) by removing
Declassification, NN–50, Washington, ‘‘Office of Safeguards and Security’’ and
§ 710.6 [Amended]
DC 20585’’ and adding in its place ‘‘U.S. adding in its place ‘‘Office of Personnel
Department of Energy, Attn: Director of ■ 15–16. Section 710.6 is amended as Security’’.
Classification, HS–90, P.O. Box A, follows: ■ c. Paragraph (c)(3) by removing
■ A. In paragraph (b), by removing ‘‘Office of Safeguards and Security’’ and
Germantown, MD 20875’’; by removing
‘‘Office of Safeguards and Security’’ and adding in its place ‘‘Office of Personnel
‘‘Office of Safeguards and Security’’ and
adding in its place ‘‘Office of Personnel Security, DOE Headquarters’’.
adding in its place ‘‘Office of Security
Security’’; and
Operations’’; and by removing ‘‘Division ■ B. In paragraph (c) , in the first § 710.23 [Amended]
of Safeguards and Security’’. sentence by removing ‘‘Office of ■ 21. Section 710.23 is amended by
§ 602.17 [Amended] Safeguards and Security’’ and adding in removing ‘‘Office of Safeguards and
its place ‘‘Office of Personnel Security’’ Security’’ and adding in its place
■ 10. Section 602.17(a)(1) is amended
and in the second sentence by removing ‘‘Office of Personnel Security, DOE
by removing ‘‘Office of Environment,
‘‘, Office of Safeguards and Security,’’. Headquarters’’.
Safety and Health’’ and adding in its
place ‘‘Office of Health, Safety and § 710.9 [Amended] § 710.26 [Amended]
Security’’.
■ 17. Section 710.9 is amended in: ■ 22. Section 710.26(j) is amended by
PART 710—CRITERIA AND ■ a. Paragraph (c) by removing ‘‘Office removing ‘‘Operations Office’’ in the
PROCEDURES FOR DETERMINING of Safeguards and Security’’ and adding second sentence.
ELIGIBILITY FOR ACCESS TO in its place ‘‘Office of Personnel
CLASSIFIED MATTER OR SPECIAL Security, DOE Headquarters’’. § 710.27 [Amended]
■ b. Paragraph (d) by removing ‘‘Office
NUCLEAR MATERIAL ■ 23. Section 710.27(d) is amended by
of Safeguards and Security’’ and adding removing ‘‘Office of Safeguards and
■ 11. The authority citation for part 710 in its place ‘‘Office of Personnel Security’’ and adding in its place
is revised to read as follows: Security’’. ‘‘Office of Personnel Security, DOE
■ c. Paragraph (e) by removing ‘‘Office
Authority: 42 U.S.C. 2165, 2201, 5815, Headquarters’’.
7101, et seq., 7383h–1; 50 U.S.C. 2401, et
of Safeguards and Security’’ and adding
seq.; E.O. 10450, 3 CFR 1949–1953 comp., p. in its place ‘‘Office of Personnel
§ 710.28 [Amended]
936, as amended; E.O. 10865, 3 CFR 1959– Security’’ and by removing ‘‘Director,
1963 comp., p. 398, as amended, 3 CFR Chap. Office of Security Affairs’’ and adding in ■ 24. Section 710.28 is amended in:
IV; E.O. 12958, as amended by E.O.13292, 68 its place ‘‘Deputy Chief for Operations, ■ a. Paragraphs (a) introductory text,
FR 15315, 3 CFR 2004 Comp., p. 196; E.O. Office of Health, Safety and Security’’. (a)(3), (b)(1), (b)(2), (c)(1), and (c)(3) by
12968, 3 CFR 1995 Comp., p. 391. removing ‘‘Office of Safeguards and
§ 710.10 [Amended] Security’’ and adding in its place
§ 710.4 [Amended]
■ 18. Section 710.10 is amended in: ‘‘Office of Personnel Security, DOE
■ 12. Section 710.4(g) is amended by ■ a. Paragraph (d), first sentence, by Headquarters’’.
removing ‘‘Office of Safeguards and removing ‘‘Office of Safeguards and ■ b. Paragraph (c)(2) by removing
Security,’’ in the first sentence and by Security’’ and adding in its place ‘‘Director, Office of Security Affairs’’
adding in its place ‘‘Office of Personnel ‘‘Office of Personnel Security, DOE and adding in its place ‘‘Deputy Chief
Security’’ and by removing ‘‘, Office of Headquarters’’; and in the second for Operations, Office of Health, Safety
Safeguards and Security,’’ in the second sentence by removing ‘‘Office of and Security’’; and by removing ‘‘Office
sentence. Safeguards and Security’’. of Safeguards and Security’’ and adding

■ 13–14. Section 710.5 (a) is amended ■ b. Paragraph (e) introductory text, by in its place ‘‘Office of Personnel
by revising the definition for ‘‘Local removing ‘‘Office of Safeguards and Security, DOE headquarters’’.
Director of Security’’ to read as set forth Security’’ and adding in its place ■ c. Paragraph (d) by removing ‘‘Office
below, and in the definition for ‘‘Office of Personnel Security’’. of Safeguards and Security’’ and adding
in its place ‘‘Office of Personnel ■ b. Paragraph (b)(2) by removing 10865, 3 CFR 1959–1963 Comp., p. 398, as
Security’’. ‘‘Director, Office of Security Affairs’’ amended; 3 CFR Chap. IV.
and adding in its place ‘‘Deputy Chief § 712.3 [Amended]
§ 710.29 [Amended] for Operations, Office of Health, Safety
■ 25. Section 710.29 is amended in: and Security’’ in the first sentence and ■ 31. Section 712.3 is amended by:
■ a. Paragraph (a) by removing by removing ‘‘Director, Office of ■ a. Removing ‘‘Deputy Assistant
‘‘Director, Office of Security Affairs’’ Security Affairs’’ and adding in its place Secretary for Health’’ and adding in its
and adding in its place ‘‘Deputy Chief ‘‘Deputy Chief for Operations’’ in the place ‘‘Director, Office of Health and
for Operations, Office of Health, Safety second sentence. Safety’’ and moving the definition to
and Security’’ and by removing ‘‘Office follow the definition of ‘‘Diagnostic and
of Safeguards and Security’’ and adding § 710.31 [Amended] Statistical Manual of Mental Disorders’’.
in its place ‘‘Office of Personnel ■ b. By removing ‘‘Deputy Assistant
■ 27. Section 710.31 is amended in:
Security’’. Secretary for Health’’ in the definitions
■ a. Paragraph (a) by removing
■ b. Paragraphs (b) and (d) by removing of ‘‘Designated Physician’’and
‘‘Director, Office of Security Affairs’’
‘‘Director, Office of Security Affairs’’ ‘‘Designated Psychologist’’and adding in
and adding in its place ‘‘Deputy Chief
and adding in its place ‘‘Deputy Chief its place ‘‘Director, Office of Health and
for Operations, Office of Health, Safety
for Operations, Office of Health, Safety Safety’’.
and Security’’ in both places that it
and Security’’. ■ c. By removing ‘‘Manager of the Rocky
appears.
■ c. Paragraph (c) by removing ‘‘Office Flats Office;’’ in the definition of
■ b. Paragraph (b) by removing
of Safeguards and Security’’ and adding ‘‘Manager’’; and by removing ‘‘Director,
‘‘Director, Office of Security Affairs’’ Office of Security’’ in the definition of
in its place ‘‘Office of Personnel and adding in its place ‘‘Deputy Chief
Security’’ and by removing ‘‘Director, ‘‘Manager’’ and adding in its place
for Operations, Office of Health, Safety ‘‘Deputy Chief for Operations, Office of
Office of Security Affairs’’ and adding in and Security’’.
its place ‘‘Deputy Chief for Operations, Health, Safety and Security’’.
■ c. Paragraph (d) by removing
Office of Health, Safety and Security’’. ‘‘Director, Office of Security Affairs’’ § 712.10 [Amended]
■ d. Paragraph (f) by removing
and adding in its place ‘‘Deputy Chief ■ 32. Section 712.10(b) is amended by
‘‘Director, Office of Security Affairs’’
for Operations, Office of Health, Safety removing ‘‘Director, Office of Security’’
and adding in its place ‘‘Deputy Chief
and Security’’. and adding in its place ‘‘Chief Health,
for Operations, Office of Health, Safety
and Security’’ the first time it appears Safety and Security Officer’’.
§ 710.32 [Amended]
and by removing ‘‘the Director, Office of
§ 712.12 [Amended]
Security Affairs’’ and adding in its place ■ 28. Section 710.32 is amended in:
‘‘he’’ the second time it appears. ■ a. Paragraph (c) by removing ■ 33. Section 712.12 is amended in:
■ e. Paragraph (g) by removing ‘‘Director, Office of Security Affairs’’ ■ a. Paragraphs (c)(1) and (d) by
‘‘Director, Office of Security Affairs’’ and adding in its place ‘‘Deputy Chief removing ‘‘Director, Office of Security’’
and adding in its place ‘‘Deputy Chief for Operations, Office of Health, Safety and adding in its place ‘‘Chief Health,
for Operations, Office of Health, Safety and Security’’ in the first sentence and Safety and Security Officer’’.
and Security’’ and by removing ‘‘Office by removing ‘‘Director, Office of ■ b. Paragraph (e) introductory text by
of Safeguards and Security’’ and adding Security Affairs’’ and adding in its place removing ‘‘Security Policy Staff, within
in its place ‘‘Office of Personnel ‘‘Deputy Chief for Operations’’ in the the Office of Security’’ and adding in its
Security’’. second sentence. place ‘‘Office of Policy’’.
■ f. Paragraph (h) by removing ■ b. Paragraphs (d) introductory text ■ c. Paragraph (f)(1) by removing
‘‘Director, Office of Security Affairs’’ and (d)(2) by removing ‘‘Office of ‘‘Security Policy Staff’’ and adding in its
and adding in its place ‘‘Deputy Chief Safeguards and Security’’ and adding in place ‘‘Office of Policy’’.
for Operations, Office of Health, Safety its place ‘‘Office of Personnel Security,
and Security’’; by removing ‘‘Director § 712.14 [Amended]
DOE Headquarters’’.
may’’ and adding in its place ‘‘Deputy ■ 34. Section 712.14 paragraphs (f)(1)
Chief for Operations may’’; and by § 710.36 [Amended] and (f)(3) are amended by removing
removing ‘‘Director, Office of Security ■ 29. Section 710.36 is amended by ‘‘Deputy Assistant Secretary for Health’’
Affairs, shall’’ and adding in its place removing ‘‘Office of Safeguards and and adding in its place ‘‘Director, Office
‘‘Deputy Chief for Operations, shall’’. Security’’ and adding in its place of Health and Safety’’.
■ g. Paragraph (i) by removing ‘‘Office of Personnel Security, DOE
‘‘Director, Office of Security Affairs’’ § 712.22 [Amended]
headquarters’’; by removing ‘‘Director,
and adding in its place ‘‘Deputy Chief Office of Security Affairs’’ and adding in ■ 35. Section 712.22 is amended by
for Operations, Office of Health, Safety its place ‘‘Deputy Chief for Operations, removing ‘‘Director, Office of
and Security’’; by removing ‘‘Director Office of Health, Safety and Security’’; Security’’in the first and third sentences
may’’ and adding in its place ‘‘Deputy and by removing ‘‘the Deputy Director, and adding in both places ‘‘Chief
Chief for Operations may’’; and by Office of Security Affairs’’ and adding in Health, Safety and Security Officer’’.
removing ‘‘Director, Office of Security its place ‘‘his designee’’.
Affairs, shall’’ and adding in its place § 712.23 [Amended]
‘‘Deputy Chief for Operations shall’’. PART 712—HUMAN RELIABILITY ■ 36. Section 712.23 is amended by
PROGRAM removing ‘‘Director, Office of
§ 710.30 [Amended] Security’s’’ and adding in its place
■ 26. Section 710.30 is amended in: ■ 30. The authority citation for part 712 ‘‘Chief Health, Safety and Security
■ a. Paragraphs (a) and (b) introductory continues to read as follows: Officer’s’’.

text by removing ‘‘Office of Safeguards Authority: 42 U.S.C. 2165; 42 U.S.C. 2201;
and Security’’ and adding in its place § 712.34 [Amended]
42 U.S.C. 5814–5815; 42 U.S.C. 7101 et seq.;
‘‘Office of Personnel Security, DOE 50 U.S.C. 2401 et seq.; E.O. 10450, 3 CFR ■ 37. Section 712.34, paragraphs (a), (b)
Headquarters’’ . 1949–1953 Comp., p. 936, as amended; E.O. introductory text, (c) and (d) are
amended by removing ‘‘Deputy ■ 46. Section 725.11(a) is revised to read § 725.28 Action on application to renew or
Assistant Secretary for Health’’ and as follows: amend.
adding in its place ‘‘Director, Office of * * * * *
§ 725.11 Applications.
Health and Safety’’.
(a) Any person desiring access to § 725.29 [Amended]
■ 38. Section 712.35 is amended by Restricted Data pursuant to this part ■ 53. Section 725.29 is amended by
revising the section heading to read as should submit an application (Form removing ‘‘Administrator’’ and adding
set forth below, and the introductory 378), in triplicate, for an access permit in its place ‘‘Chief Health, Safety and
text is amended by removing ‘‘Deputy to the Chief Health, Safety and Security Security Officer’’.
Assistant Secretary for Health’’ and add Officer, HS–1/Forrestal Building, U.S.
in its place ‘‘Director, Office of Health Department of Energy, 1000 § 725.30 [Amended]
and Safety’’. Independence Ave, SW., Washington, ■ 54. Section 725.30 is amended by
DC 20585. removing ‘‘Administrator’’ and adding
§ 712.35 Director, Office of Health and
Safety. * * * * * in its place ‘‘Chief Health, Safety and
* * * * * Security Officer’’.
§ 725.13 [Amended]
■ 47. Section 725.13 is amended by Appendix B to Part 725 [Removed]
§ 712.36 [Amended]
removing ‘‘Administrator’’ in both ■ 55. Appendix B to Part 725 is
■ 39. Section 712.36, paragraphs (d)(1)
places and adding in both places ‘‘Chief removed.
and (d)(3) are amended by removing
Health, Safety and Security Officer’’.
‘‘Deputy Assistant Secretary for Health’’ PART 820—PROCEDURAL RULES
and adding in its place ‘‘Director, Office § 725.21 [Amended] FOR DOE NUCLEAR ACTIVITIES
of Health and Safety’’. ■ 48. Section 725.21 is amended in:
■ a. Paragraph (a) by removing ■ 56. The authority citation for part 820
PART 725—PERMITS FOR ACCESS TO continues to read as follows:
‘‘Administrator’’ and adding in its place
RESTRICTED DATA
‘‘Chief Health, Safety and Security Authority: 42 U.S.C. 2201, 2282(a), 7191;
■ 40. The authority citation for part 725 Officer’’. 28 U.S.C. 2461 note.
■ b. Paragraph (b) by removing ‘‘795 of
is revised to read as follows: § 820.1 [Amended]
this chapter’’ and adding in its place
Authority: Sec. 161 of the Atomic Energy ‘‘1016 of this title’’. ■ 57. Section 820.1(c) is amended by
Act of 1954, as amended, 68 Stat. 943, 42
removing ‘‘Assistance Secretary’’ and
U.S.C. 2201. § 725.23 [Amended]
adding in its place ‘‘Administrator’’.
§ 725.1 [Amended] ■ 49. Section 725.23 is amended in:
■ a. Paragraph (b) by removing § 820.2 [Amended]
■ 41. Section 725.1 is amended by
removing ‘‘Administrator’’ and adding ‘‘Administrator’’ and adding in its place ■ 58–59. Section 820.2 is amended in
in its place ‘‘Chief Health, Safety and ‘‘Chief Health, Safety and Security the definition of ‘‘Director’’ by removing
Security Officer’’. Officer’’. ‘‘Assistant Secretary’’ and adding in its
■ b. Paragraph (c)(1) by removing ‘‘795 place ‘‘Administrator,’’ and by revising
and 810 of this chapter’’ and adding in the definition of ‘‘Secretarial Officer’’ to
§ 725.3 [Amended]
its place ‘‘810 and 1016 of this title’’. read as set forth below:
■ 42. Section 725.3(d) is amended by ■ c. Paragraph (c)(4) by removing
removing ‘‘Administrator’’ and adding ‘‘Administrator of Energy Research and § 820.2 Definitions.
in its place ‘‘Chief Health, Safety and Development’’ and adding in its place * * * * *
Security Officer’’ and by removing ‘‘Chief Health, Safety and Security Secretarial Officer means an
‘‘Administrator of the Department of Officer’’. individual who is appointed to a
Energy’’ and adding in its place ‘‘Chief position in the Department by the
Health, Safety and Security Officer’’. § 725.24 [Amended]
President of the United States with the
■ 50. Section 725.24 is amended in: advice and consent of the Senate or the
§ 725.4 [Amended] ■ a. The introductory text by removing head of a departmental element who is
■ 43. Section 725.4 is amended by ‘‘cognizant Operations Office’’ and primarily responsible for the conduct of
removing ‘‘Administrator’’ and adding adding in its place ‘‘Chief Health, Safety an activity under the Act. With regard
in its place ‘‘Chief Health, Safety and and Security Officer will designate a to activities and facilities covered under
Security Officer’’. DOE or National Nuclear Security E.O. 12344, 42 U.S.C. 7158 note,
Administration office which’’. pertaining to Naval nuclear propulsion,
■ 44. Section 725.5 is revised to read as ■ b. Paragraph (b) by removing ‘‘795 of
follows: Secretarial Officer means the Deputy
this chapter’’ and adding in its place Administrator for Naval Reactors.
§ 725.5 Communications. ‘‘1016 of this title’’.
* * * * *
All communications concerning this § 725.25 [Amended]
Appendix A [Amended]
part should be addressed to the Chief ■ 51. Section 725.25(b) is amended by
Health, Safety and Security Officer, HS– removing ‘‘Administrator’’ and adding ■ 60. Appendix A to Part 820 is
1/Forrestal Building, U.S. Department of in its place ‘‘Chief Health, Safety and amended in:
Energy, 1000 Independence Ave, SW., Security Officer’’. ■ a. Section IX.1.a. by adding ‘‘and
Washington, DC 20585. Environment’’ after ‘‘Office of Nuclear
■ 52. Section 725.28 is amended by Safety’’;
§ 725.7 [Amended] revising the section heading to read as ■ b. Section IX.9., paragraph e.(1), by
■ 45. Section 725.7 is amended by set forth below, and by removing removing ‘‘Office of Environment,
removing ‘‘Administrator’’ and adding ‘‘Administrator’’ and adding in its place Safety and Health’’ and adding in its
in its place ‘‘Chief Health, Safety and ‘‘Chief Health, Safety and Security place ‘‘Office of Health, Safety and
Security Officer’’. Officer’’. Security’’ and by adding ‘‘and
Environment’’ after ‘‘Office of Nuclear et seq.; 50 U.S.C. 2401 et seq., E.O. 12196, 3 § 851.31 [Amended]
Safety’’. CFR 1981 comp., at 145 as amended.
■ c. Section XIII.b. by removing ‘‘Office ■ 76–78. In § 851.31, paragraphs (a)(1),
§ 850.10 [Amended] (a)(2), and (a)(3) are amended by
of Investigation and Enforcement’’ and
adding in its place ‘‘Office of ■ 67. Section 850.10(b)(2) is amended removing ‘‘Assistant Secretary for
Enforcement’’. by removing ‘‘Assistant Secretary for Environment, Safety and Health’’ and
Environment, Safety and Health’’ and adding in its place ‘‘Chief Health, Safety
PART 824—PROCEDURAL RULES adding in its place ‘‘Chief Health, Safety and Security Officer’’, paragraph (b)
FOR THE ASSESSMENT OF CIVIL and Security Officer’’. introductory text is amended by
PENALTIES FOR CLASSIFIED removing ‘‘Assistant Secretary for
INFORMATION SECURITY § 850.39 [Amended] Environment, Safety and Health to be
VIOLATIONS incomplete, the Assistant Secretary’’
■ 68–69. Section 850.39 is amended in
paragraph (a) by removing ‘‘Assistant and adding in its place ‘‘Chief Health,
■ 61. The authority citation for part 824
Secretary for Environment, Safety and Safety and Security Officer to be
continues to read as follows:
Health’’ and adding in its place ‘‘Chief incomplete, the Chief Health, Safety and
Authority: 42 U.S.C. 2201, 2282b, 7101 et Security Officer’’, and paragraph (c)(5)
seq.; 50 U.S.C. 2401 et seq. Health, Safety and Security Officer’’,
and in paragraph (h) , by removing is amended by removing ‘‘Assistant
Appendix A to Part 824 [Amended] ‘‘DOE Office of Epidemiologic Studies Secretary for Environment, Safety and
with the Office of Environment, Safety Health’’ and adding in its place ‘‘Chief
■ 62. Appendix A to Part 824 is
and Health’’ and adding in its place Health, Safety and Security Officer’’.
amended in:
■ a. Section IV.b. by removing ‘‘10 CFR ‘‘Office of Illness and Injury Prevention
§ 851.32 [Amended]
part 824.6’’ and adding in its place Programs, Office of Health, Safety and
‘‘§ 824.6’’. Security’’. ■ 79–80. Section 851.32 is amended in:
■ b. Section VIII.9., paragraph e.(1) by
PART 851—WORKER SAFETY AND ■ a. Paragraph (a)(1) by removing
removing ‘‘and Performance ‘‘Assistant Secretary for Environment,
Assurance’’. HEALTH PROGRAM
Safety and Health recommends approval
PART 835—OCCUPATIONAL ■ 70. The authority citation for part 851 of a variance application, the Assistant
RADIATION PROTECTION continues to read as follows: Secretary’’ and adding in its place
‘‘Chief Health, Safety and Security
Authority: 42 U.S.C. 2201(i)(3), (p); 42
■ 63. The authority citation for part 835 U.S.C. 2282c; 42 U.S.C. 5801 et seq.; 42 Officer recommends approval of a
continues to read as follows: U.S.C. 7101 et seq.; 50 U.S.C. 2401 et seq. variance application, the Chief Health,
Authority: 42 U.S.C. 2201; 7191. Safety and Security Officer’’.
§ 851.8 [Amended]
■ b. Paragraph (a)(2) by removing
§ 835.1 [Amended] ■ 71–72. Section 851.8 is amended in ‘‘Assistant Secretary for Environment,
■ 64. Section 835.1(b)(2) is amended by paragraph (b) by removing ‘‘Office of Safety and Health’’ and adding in its
removing ‘‘Director, Naval Nuclear Environment, Safety and Health, Office place ‘‘Chief Health, Safety and Security
Propulsion Program’’ and by adding in of Health (EH–5)’’ and adding in its Officer’’ and by removing ‘‘Office of
its place ‘‘Deputy Administrator for place ‘‘Office of Health, Safety and Price–Anderson Enforcement’’ and
Naval Reactors’’. Security’’, and in paragraph (c) , by adding in its place ‘‘Office of
■ 65. Section 835.2(a) is amended by removing ‘‘Office of Environment, Enforcement’’.
adding the definition of ‘‘Secretarial Safety and Health, Office of Price- ■ c. Paragraph (a)(4), by removing
Officer’’ to read as follows: Anderson Enforcement (EH–6)’’ and ‘‘Assistant Secretary for Environment,
adding in its place ‘‘Office of Health, Safety and Health’’ and adding in its
§ 835.2 Definitions. Safety and Security, Office of place ‘‘Chief Health, Safety and Security
* * * * * Enforcement, HS–40,’’. Officer’’.
Secretarial Officer means an
individual who is appointed to a § 851.11 [Amended] ■ d. Paragraph (c)(1), by removing
position in the Department of Energy by ‘‘Assistant Secretary for Environment,
■ 73. Section 851.11(b)(2) is amended
the President of the United States with Safety and Health recommends denial of
by removing ‘‘Assistant Secretary for
the advice and consent of the Senate or a variance application, the Assistant
Environment, Safety and Health’’ and
the head of a departmental element who Secretary’’ and adding in its place
adding in its place ‘‘Chief Health, Safety
is primarily responsible for the conduct and Security Officer’’. ‘‘Chief Health, Safety and Security
of an activity under the Act. With regard Officer recommends denial of a variance
to activities and facilities covered under § 851.27 [Amended] application, the Chief Health, Safety and
E.O. 12344, 42 U.S.C. 7158 note, Security Officer’’.
pertaining to Naval nuclear propulsion, ■ 74. Section 851.27(a)(2)(ii) is amended
by removing ‘‘Office of Environment, ■ e. Paragraphs (c)(2)(i) and (c)(2)(ii), by
Secretarial Officer means the Deputy removing ‘‘Assistant Secretary’’ and
Administrator for Naval Reactors. Safety and Health’’ and adding in its
place ‘‘Office of Health, Safety and adding in its place ‘‘Chief Health, Safety
* * * * * and Security Officer’’.
Security’’.
PART 850—CHRONIC BERYLLIUM § 851.30 [Amended] § 851.34 [Amended]
DISEASE PREVENTION PROGRAM
■ 75. Section 851.30(a) is amended by ■ 81. In § 851.34, paragraphs (a) and (c)
■ 66. The authority citation for part 850 removing ‘‘Assistant Secretary for are amended by removing ‘‘Assistant
continues to read as follows: Environment, Safety and Health’’ and Secretary for Environment, Safety and
Authority: 42 U.S.C. 2201(i)(3), (p); 42 adding in its place ‘‘Chief Health, Safety Health’’ and adding in its place ‘‘Chief
U.S.C. 2282c; 29 U.S.C. 668; 42 U.S.C. 7101 and Security Officer’’. Health, Safety and Security Officer’’.
PART 852—GUIDELINES FOR determines that such shipment is (8) National Nuclear Security
PHYSICIAN PANEL DETERMINATIONS required to be made by aircraft either Administration Service Center, P.O. Box
ON WORKER REQUESTS FOR because: 5400, Albuquerque, NM 87185–5400.
ASSISTANCE IN FILING FOR STATE * * * * * (9) National Nuclear Security
WORKERS’ COMPENSATION Administration Nevada Site Office, P.O.
BENEFITS § 871.2 [Amended] Box 98518, Las Vegas, NV 89193–3521.
■ 90. Section 871.2 is amended by (10) National Energy Technology
■ 82–83. Part 852 is removed. removing ‘‘Managers of DOE’s Laboratory, 3610 Collins Ferry Road,
Albuquerque, San Francisco, Oak Ridge, Morgantown, WV 26507–0800.
PART 861—CONTROL OF TRAFFIC AT (11) Oak Ridge Office, P.O. Box 2001,
NEVADA TEST SITE Savannah River, Nevada, Chicago, Idaho
and Richland Operations Offices’’ and Oak Ridge, TN 37831.
■ 84. The authority citation for part 861 adding in its place ‘‘Deputy (12) Office of Scientific and Technical
is revised to read as follows: Administrator for Defense Programs’’ Information, P.O. Box 2001, Oak Ridge,
and by removing ‘‘they determine’’ and TN 37831.
Authority: 42 U.S.C. 2201. (13) Pacific Northwest Site Office,
adding in its place ‘‘the Deputy
§ 861.3 [Amended] Administrator determines’’. P.O. Box 350, Mail Stop K8–50,
Richland, WA 99352.
■ 85. Section 861.3(c) is amended by § 871.3 [Amended] (14) Pittsburgh Naval Reactors, P.O.
removing ‘‘Operations’’ and adding in
■ 91. Section 871.3 is amended by Box 109, West Mifflin, PA 15122–0109.
its place ‘‘Site’’.
removing ‘‘authorizing officials’’ and by (15) Richland Operations Office, P.O.
PART 862—RESTRICTIONS ON adding in its place ‘‘Deputy Box 550, Mail Stop A7–75, Richland,
AIRCRAFT LANDING AND AIR Administrator for Defense Programs’’ WA 99352.
DELIVERY AT DEPARTMENT OF and by removing ‘‘Assistant (16) Savannah River Operations
ENERGY NUCLEAR SITES Administrator for National Security’’ Office, P.O. Box A, Aiken, SC 29801.
and adding in its place ‘‘Administrator (17) Schenectady Naval Reactors, P.O.
■ 86. The authority citation for part 862 of the National Nuclear Security Box 1069, Schenectady, NY 12301.
continues to read as follows: Administration’’. (18) Southeastern Power
Authority: 42 U.S.C. 2201(b), 2201(i) and Administration, 1166 Athens Tech
§ 871.4 [Amended] Road, Elberton, GA 30635–6711.
2278(a).
■ 92. Section 871.4 is amended by (19) Southwestern Power
§ 862.3 [Amended] removing ‘‘Assistant Administrator for Administration, One West Third, S1200,
■ 87. Section 862.3(f) is amended by National Security’’ and adding in its Tulsa, OK 74103.
removing ‘‘Manager of a DOE place ‘‘Administrator of the National (20) Strategic Petroleum Reserve
Operations Office’’ and adding in its Nuclear Security Administration’’. Project Management Office, 900
place ‘‘manager of a DOE field office’’ Commerce Road East–MS FE–455, New
and by removing ‘‘Director of the Office PART 1004—FREEDOM OF Orleans, LA 70123.
of Safeguards and Security’’ and adding INFORMATION (21) Western Area Power
in its place ‘‘Chief Health, Safety and Administration, 12155 W. Alameda
Security Officer’’. ■ 93. The authority citation for part Parkway, P.O. Box 281213, Lakewood,
1004 continues to read as follows: CO 80228–8213.
PART 871—AIR TRANSPORTATION OF Authority: 5 U.S.C. 552. * * * * *
PLUTONIUM (p) Secretarial Officer means the
■ 94. Section 1004.2(h) and (p) are
■ 88. The authority citation for part 871 revised to read as follows: Under Secretary; Under Secretary for
continues to read as follows: Science; Administrator, Energy
§ 1004.2 Definitions. Information Administration;
Authority: Pub. L. 94–187, 88 Stat. 1077, Administrator, National Nuclear
* * * * *
1078 (42 U.S.C. 2391 et seq.); Energy Security Administration; Assistant
Reorganization Act, Pub. L. 93–438, 88 Stat. (h) Freedom of Information Officer
1233 (42 U.S.C. 5801 et seq.); secs. 2, 3, 91, means the person designated to Secretary for Congressional and
123, and 161 of the Atomic Energy Act of administer the Freedom of Information Intergovernmental Affairs; Assistant
1954, as amended. Act at the following DOE offices: Secretary for Energy Efficiency and
■ 89. Section 871.1, paragraph (b) (1) Bonneville Power Administration, Renewable Energy; Assistant Secretary
introductory text is revised, and the P.O. Box 3621–KDP–7, Portland, OR for Environmental Management;
undesignated concluding paragraph of 97232. Assistant Secretary for Fossil Energy;
the section is amended by removing (2) Carlsbad Field Office, P.O. Box Assistant Secretary for Policy and
‘‘They’’ at the beginning of each 3090, Carlsbad, NM 88221. International Affairs; Assistant Secretary
sentence and adding in its place ‘‘The (3) Chicago Office, 9800 S. Cass for Nuclear Energy; Chief Financial
Deputy Administrator for Defense Avenue, Argonne, IL 60439. Officer; Chief Health, Safety and
Programs’’. (4) Environmental Management Security Officer; Chief Human Capital
The revision reads as follows: Consolidated Business Center, 250 East Officer; Chief Information Officer;
5th Street, Suite 500, Cincinnati, OH Director, Office of Civilian Radioactive
§ 871.1 National security exemption. 45202. Waste Management; Director, Office of
* * * * * (5) Golden Field Office, 1617 Cole Economic Impact and Diversity;
(b) The Deputy Administrator for Boulevard, Golden, CO 80401. Director, Office of Electricity Delivery
Defense Programs may authorize air (6) Headquarters, Department of and Energy Reliability; Director, Office
shipments falling within paragraph Energy, Washington, DC 20585. of Hearings and Appeals; Director,
(a)(1) of this section, on a case-by-case (7) Idaho Operations Office, 1955 Office of Legacy Management; Director,
basis: Provided, That the Deputy Fremont Avenue, MS 1203, Idaho Falls, Office of Management; Director, Office
Administrator for Defense Programs ID 83401. of Public Affairs; Director, Office of
Science; General Counsel; Inspector (20) Strategic Petroleum Reserve § 1016.36 [Amended]
General; and Senior Intelligence Officer. Project Management Office, 900
■ 102. Section 1016.36 is amended by
* * * * * Commerce Road East–MS FE–455, New
removing ‘‘DOE Operations Offices
Orleans, LA 70123.
administering the permit; or U.S. DOE,
PART 1008—RECORDS MAINTAINED (21) Western Area Power Washington, DC 20545, Attention:
ON INDIVIDUALS (PRIVACY ACT) Administration, 12155 W. Alameda Office of Classification’’ and adding in
Parkway, P.O. Box 281213, Lakewood, its place ‘‘cognizant DOE or NNSA
■ 95. The authority citation for part CO 80228–8213.
1008 continues to read as follows: office or Office of Classification, HS–90/
* * * * * Germantown Building, U.S. Department
Authority: 42 U.S.C. 7101 et seq.; 50 U.S.C. of Energy, 1000 Independence Avenue,
2401 et seq.; 5 U.S.C. 552a. PART 1016—SAFEGUARDING OF SW., Washington, DC 20585–1290’’.
RESTRICTED DATA
■ 96. Section 1008.2(c) is revised to read
§ 1016.43 [Amended]
as follows: ■ 97. The authority citation for part
1016 is revised to read as follows: ■ 103. Section 1016.43 is amended by
§ 1008.2 Definitions.
removing ‘‘E.O. 12356’’ and adding in
* * * * * Authority: Sec. 161i of the Atomic Energy
Act of 1954, 68 Stat. 948 (42 U.S.C. 2201).
its place ‘‘Executive Order 12958, as
(c) DOE locations means each of the amended’’.
following DOE components: § 1016.3 [Amended]
(1) Bonneville Power Administration, PART 1017—IDENTIFICATION AND
P.O. Box 3621–KDP–7, Portland, OR ■ 98. Section 1016.3(o) is amended by PROTECTION OF UNCLASSIFIED
97232. removing ‘‘Executive Order 12356 of CONTROLLED NUCLEAR
(2) Carlsbad Field Office, P.O. Box April 2, 1982, ‘National Security INFORMATION
3090, Carlsbad, NM 88221. Information’ ’’ and adding in its place
(3) Chicago Office, 9800 S. Cass ‘‘Executive Order 12958, as amended’’, ■ 104. The authority citation for part
Avenue, Argonne, IL 60439. ‘‘Classified National Security 1017 continues to read as follows:
(4) Environmental Management Information’’ and Executive Order
Authority: 42 U.S.C. 2168; 28 U.S.C. 2461
Consolidated Business Center, 250 East 13292 ‘‘Further Amendment to
note.
5th Street, Suite 500, Cincinnati, OH Executive Order 12958, as Amended,
45202. Classified National Security § 1017.3 [Amended]
(5) Golden Field Office, 1617 Cole Information’’’’.
■ 105. Section 1017.3(u)(2)(iii) is
Boulevard, Golden, CO 80401. ■ 99. Section 1016.4 is revised to read
amended by removing ‘‘Assistant
(6) Headquarters, Department of as follows: Secretary for Defense Programs’’ and
Energy, Washington, DC 20585. adding in its place ‘‘Chief Health, Safety
(7) Idaho Operations Office, 1955 § 1016.4 Communications.
Communications concerning and Security Officer’’.
Fremont Avenue, MS 1203, Idaho Falls,
ID 83401. rulemaking, i.e., petition to change part § 1017.7 [Amended]
(8) National Nuclear Security 1016, should be addressed to the Chief
Administration Service Center, P.O. Box Health, Safety and Security Officer, HS– ■ 106. Section 1017.7(a)(2) is amended
5400, Albuquerque, NM 87185–5400. 1/Forrestal Building, Office of Health, by removing ‘‘Manager of a DOE
(9) National Nuclear Security Safety and Security, U.S. Department of Operations Office’’ and adding in its
Administration Nevada Site Office, P.O. Energy, 1000 Independence Avenue, place ‘‘Manager of a DOE or NNSA field
Box 98518, Las Vegas, NV 89193–3521. SW., Washington, DC 20585. All other element’’; and in paragraph (c)
(10) National Energy Technology communications concerning the introductory text by removing
Laboratory, 3610 Collins Ferry Road, regulations in this part should be ‘‘Assistant Secretary for Defense
Morgantown, WV 26507–0800. addressed to the cognizant DOE or Programs’’ and adding in its place
(11) Oak Ridge Office, P.O. Box 2001, National Nuclear Security ‘‘Director, Office of Classification’’.
Oak Ridge, TN 37831. Administration (NNSA) office. § 1017.8 [Amended]
(12) Office of Scientific and Technical
§ 1016.31 [Amended] ■ 107. Section 1017.8(c) is amended by
Information, 175 S. Oak Ridge Turnpike,
P.O. Box 62, Oak Ridge, TN 37830. ■ 100. Section 1016.31(b) is amended by removing ‘‘Assistant Secretary for
(13) Pacific Northwest Site Office, removing ‘‘DOE Operations Offices Defense Programs’’ and adding in its
P.O. Box 350, Mail Stop K8–50, administering the permit as set forth in place ‘‘Chief Health, Safety and Security
Richland, WA 99352. appendix B of part 725’’ and adding in Officer’’.
(14) Pittsburgh Naval Reactors, P.O. its place ‘‘the cognizant DOE or NNSA
§ 1017.11 [Amended]
Box 109, West Mifflin, PA 15122–0109. office’’.
(15) Richland Operations Office, P.O. ■ 108. Section 1017.11 is amended in
§ 1016.32 [Amended]
Box 550, Mail Stop A7–75, Richland, the introductory text by removing
WA 99352. ■ 101. Section 1016.32(a) is amended by ‘‘Assistant Secretary for Defense
(16) Savannah River Operations removing ‘‘Operations Office Programs’’ and adding in its place
Office, P.O. Box A, Aiken, SC 29801. administering the permit’’ and adding in ‘‘Director, Office of Classification’’ and
(17) Schenectady Naval Reactors, P.O. its place ‘‘cognizant DOE or NNSA by removing ‘‘Assistant Secretary for
Box 1069, Schenectady, NY 12301. office’’ and by removing ‘‘U.S. DOE, Defense Programs (refer to
(18) Southeastern Power Washington, DC 20545’’ and adding in § 1017.16(b)(1) for the address)’’ and
Administration, 1166 Athens Tech its place ‘‘HS–90/Germantown Building, adding in its place ‘‘Director, Office of
Road, Elberton, GA 30635–6711. Office of Health, Safety and Security, Classification, HS–90/Germantown
(19) Southwestern Power U.S. Department of Energy, 1000 Building, U.S. Department of Energy;
Administration, One West Third, S1200, Independence Avenue, SW., 1000 Independence Avenue, SW.,
Tulsa, OK 74103. Washington, DC 20585–1290’’. Washington, DC 20585–1290’’.
§ 1017.16 [Amended] § 1021.105 Oversight of Agency NEPA adding in its place ‘‘HG–1/L’Enfant
activities. Plaza Building, U.S. Department of
■ 109. Section 1017.16 is amended in:
The General Counsel, or his/her Energy, 1000 Independence Avenue
■ a. Paragraph (a)(5) by removing designee, is responsible for overall SW., Washington, DC 20585–1615’’ and
‘‘Assistant Secretary for Defense review of DOE NEPA compliance. by removing ‘‘(202) 426–1415’’ and
Programs’’ and adding in its place Further information on DOE’s NEPA adding in its place ‘‘(202) 287–1415’’.
‘‘Chief Health, Safety and Security process and the status of individual
Officer.’’ NEPA reviews may be obtained upon PART 1045—NUCLEAR
■ b. Paragraph (b)(1) by removing request from the Office of NEPA Policy CLASSIFICATION AND
‘‘Assistant Secretary for Defense and Compliance, GC–20, Office of the DECLASSIFICATION
Programs, U.S. Department of Energy, General Counsel, U.S. Department of
Washington, DC 20585’’ and adding in Energy, 1000 Independence Avenue ■ 121. The authority citation for part
its place ‘‘Chief Health, Safety and SW., Washington, DC 20585–0103. 1045 is revised to read as follows:
Security Officer, HS–1/Forrestal Authority: 42 U.S.C. 2011; E.O. 12958, 60
Building, U.S. Department of Energy, PART 1044—SECURITY FR 19825, 3 CFR, 1995 Comp., p. 333; E.O.
1000 Independence Avenue, SW., REQUIREMENTS FOR PROTECTED 13292, 68 FR 15315, 3 CFR 2004 Comp., p.
Washington, DC 20585’’. DISCLOSURES UNDER SECTION 3164 196.
■ c. Paragraph (b)(3) introductory text OF THE NATIONAL DEFENSE
§ 1045.3 [Amended]
and (c)(2) by removing ‘‘Assistant AUTHORIZATION ACT FOR FISCAL
Secretary for Defense Programs’’ and YEAR 2000 ■ 122. In § 1045.3:
adding in its place ‘‘Chief Health, Safety ■ a. The definition ‘‘Director of
and Security Officer.’’ ■ 114. The authority citation for part Declassification’’ is amended in the first
1044 continues to read as follows: sentence by removing ‘‘Declassification’’
■ d. Paragraph (b)(4) by removing
‘‘Assistant Secretary for Defense Authority: 42 U.S.C. 7101 et seq., 7239, and adding in its place ‘‘Classification’’;
Programs’’ and adding in its place and 50 U.S.C. 2401 et seq. by removing ‘‘Office of Declassification’’
‘‘Chief Health, Safety and Security and adding in its place ‘‘Office of
§ 1044.07 [Amended] Classification’’; and in the second
Officer’’ in both sentences.
■ 115. Section 1044.07 is amended by sentence by removing ‘‘Director of
§ 1017.17 [Amended] removing ‘‘Office of Safeguards and Declassification’’ and adding in its place
Security’’ and adding in its place ‘‘Director of Classification’’ and by
■ 110. Section 1017.17(e)(2)(iv) is
‘‘Office of Personnel Security’’. removing ‘‘Director of Security Affairs’’
amended by removing ‘‘Assistant
and adding in its place ‘‘Chief Health,
Secretary for Defense Programs’’ and § 1044.08 [Amended] Safety and Security Officer’’.
adding in its place ‘‘Chief Health, Safety ■ 116. Section 1044.08 is amended by ■ b. Remove the definition of ‘‘Director
and Security Officer’’. removing ‘‘Office of Nuclear and of Security Affairs’’.
§ 1017.18 [Amended] National Security Information’’ and ■ c. Add the definition of ‘‘Chief Health,
adding in its place ‘‘Office of Safety and Security Officer’’ in
■ 111. Section 1017.18 is amended in: Classification’’. alphabetical order to read as set forth
■ a. Paragraphs (a) introductory text, below:
(a)(1)(i) introductory text, (a)(1)(i)(C), § 1044.09 [Amended]
(a)(1)(i)(D) both sentences, (a)(1)(i)(E), ■ 117. Section 1044.09 is amended by § 1045.3 Definitions.
(a)(1)(ii), and (a)(1)(iii) by removing removing ‘‘Office of Nuclear and * * * * *
‘‘Assistant Secretary for Defense National Security Information’’ and Chief Health, Safety and Security
Programs’’ and adding in its place adding in its place ‘‘Office of officer means the Department of Energy
‘‘Chief Health, Safety and Security Classification’’. Chief Health, Safety and Security
Officer’’. Officer, or any person to whom the
§ 1044.10 [Amended] Chief’s duties are delegated.
■ b. Paragraph (a)(2) introductory text
by removing ‘‘Assistant Secretary for ■ 118. Section 1044.10 is amended by * * * * *
Defense Programs’’ and adding in its removing ‘‘Office of Nuclear and
place ‘‘Chief Health, Safety and Security National Security Information’’ and § 1045.4 [Amended]
Officer’’ in both the second and third adding in its place ‘‘Office of ■ 123. Section 1045.4 is amended in:
sentences. Classification’’. ■ a. Paragraph (a) introductory text and
■ c. Paragraphs (a)(2)(v) and (a)(3) by (f)(4) by removing ‘‘DOE Director of
§ 1044.11 [Amended] Declassification’’ and adding in its place
removing ‘‘Assistant Secretary for
Defense Programs’’ and adding in its ■ 119. Section 1044.11, paragraph (c) is ‘‘Director of Classification’’.
place ‘‘Chief Health, Safety and Security amended by removing ‘‘Office of ■ b. Paragraph (b) introductory text by
Officer’’. Nuclear and National Security removing ‘‘DOE Director of Security
Information’’ and adding in its place Affairs’’ and adding in its place ‘‘Chief
PART 1021—NATIONAL ‘‘Office of Classification’’; and Health, Safety and Security Officer’’.
ENVIRONMENTAL POLICY ACT paragraph (h) is amended by removing
§ 1045.7 [Amended]
IMPLEMENTING PROCEDURES ‘‘Office of Safeguards and Security’’ and
adding in its place ‘‘Office of Health, ■ 124. Section 1045.7(a) is amended by
■ 112. The authority citation for part Safety and Security’’. removing ‘‘Openness Coordinator,
1021 continues to read as follows: Department of Energy, Office of
§ 1044.12 [Amended] Declassification, 19901 Germantown

Authority: 42 U.S.C. 7101 et seq.; 42 U.S.C.
4321 et seq.; 50 U.S.C. 2401 et seq. ■ 120. Section 1044.12 is amended by Road, Germantown, Maryland 20874–
removing ‘‘U.S. Department of Energy, 1290’’ and adding in its place ‘‘Director,
■ 113. Section 1021.105 is revised to 1000 Independence Avenue, SW., Office of Classification, HS–90/
read as follows: Washington, DC 20585–1017’’ and Germantown Building, U.S. Department
of Energy, 1000 Independence Avenue Director of Declassification’’ and adding ‘‘Director of Classification and the Chief
SW., Washington, DC 20585–1290’’. in its place ‘‘Director of Classification’’. Health, Safety and Security Officer’’.
■ b. Paragraph (c) by removing ‘‘DOE
§ 1045.8 [Amended] § 1045.19 [Amended] Director of Declassification’’ and adding
■ 125. Section 1045.8, paragraphs (a) ■ 132. Section 1045.19 is amended in: in its place ‘‘Director of Classification’’.
and (b) are amended by removing ‘‘DOE ■ a. Paragraph (a) by removing ‘‘DOE
Director of Declassification’’ and adding § 1045.39 [Amended]
Directors of Declassification and
in its place ‘‘Director of Classification’’. Security Affairs’’ and adding in its place ■ 139. Section 1045.39(b)(3) is amended
‘‘Director of Classification and the Chief by removing ‘‘DOE Director of
§ 1045.12 [Amended]
Health, Safety and Security Officer’’ in Declassification’’ and adding ‘‘Director
■ 126. Section 1045.12 is amended in: the first, second, and fourth sentences of Classification’’ in both places that it
■ a. Paragraph (a) by removing ‘‘DOE and by removing ‘‘DOE Director of occurs in the first sentence and by
Director of Declassification’’ and adding Declassification’’ and adding in its place removing ‘‘DOE Director of Security
in its place ‘‘Director of Classification’’. ‘‘Director of Classification’’. Affairs’’ and adding in its place ‘‘Chief
■ b. Paragraphs (b), (c), and (d), by ■ b. Paragraph (b) by removing ‘‘DOE Health, Safety and Security Officer’’.
removing ‘‘DOE Director of Security Director of Declassification’’ and in the
Affairs’’ and adding in its place ‘‘Chief § 1045.42 [Amended]
first and second sentences adding in its
Health, Safety and Security Officer’’. place ‘‘Director of Classification’’ and by ■ 140. Section 1045.42 is amended in:
§ 1045.14 [Amended] removing ‘‘Department of Energy, ■ a. Paragraphs (b)(5)(i), (b)(5)(ii), (c)(1),
Director of Declassification, 19901 and (c)(2) by removing ‘‘DOE Director of
■ 127. Section 1045.14 is amended in: Germantown Road, Germantown, Declassification’’ and adding in its place
■ a. Paragraph (a)(1) by removing ‘‘DOE Maryland 20874–1290’’ and adding in ‘‘Director of Classification’’.
Director of Declassification’’ and adding its place ‘‘Director Office of ■ b. Paragraphs (d)(1) and (2), by
in its place ‘‘Director of Classification’’ Classification, HS–90/Germantown removing ‘‘DOE Director of Security
in both places it appears. Building, U.S. Department of Energy, Affairs’’ and adding in its place ‘‘Chief
■ b. Paragraph (a)(2) by removing ‘‘DOE Health, Safety and Security Officer’’.
1000 Independence Avenue SW.,
Director of Declassification’’ and adding
Washington, DC 20585–1290’’.
in its place ‘‘Director of Classification’’. § 1045.43 [Amended]
■ c. Paragraphs (b), (c), and (d) by § 1045.20 [Amended] ■ 141. Section 1045.43 is amended in:
removing ‘‘DOE Director of Security ■ a. Paragraph (b) by removing ‘‘DOE
Affairs’’ and adding in its place ‘‘Chief ■ 133. Section 1045.20 is amended by
removing ‘‘DOE Director of Security Director of Declassification’’ and adding
Health, Safety and Security Officer’’. in its place ‘‘Director of Classification’’.
Affairs’’ and adding in its place ‘‘Chief
§ 1045.15 [Amended] Health, Safety and Security Officer’’ and ■ b. Paragraph (c) by removing ‘‘Director
by removing ‘‘Department of Energy, of Declassification, Department of
■ 128. Section 1045.15, paragraphs (a), Energy, 19901 Germantown Road,
(d) introductory text, and (e) Director of Security Affairs’’ and adding
in its place ‘‘Chief Health, Safety and Germantown, Maryland 20874–1290’’
introductory text, are amended by and adding in its place ‘‘Director, Office
removing ‘‘DOE Directors of Security Officer, HS–1/Forrestal
Building, U.S. Department of Energy’’. of Classification, HS–90/Germantown
Declassification and Security Affairs’’ Building, U.S. Department of Energy,
and adding in its place ‘‘Director of § 1045.22 [Amended] 1000 Independence Avenue SW.,
Classification and the Chief Health, Washington, DC 20585–1290’’.
Safety and Security Officer’’. ■ 134. Section 1045.22(c) is amended by
removing ‘‘DOE Director of Security
§ 1045.16 [Amended] Affairs’’ and adding in its place ‘‘Chief § 1045.45 [Amended]
■ 129. Section 1045.16 is amended in: Health, Safety and Security Officer’’. ■ 142. Section 1045.45(b) is amended by
■ a. Paragraphs (a) and (b), by removing removing ‘‘DOE Director of
§ 1045.33 [Amended]
‘‘DOE Director of Declassification’’ and Declassification’’ and adding in its place
adding in its place ‘‘Director of ■ 135. Section 1045.33, paragraphs (a) ‘‘Director of Classification’’.
Classification’’ and by removing ‘‘DOE and (b), are amended by removing ‘‘DOE
Director of Declassification’’ and adding § 1045.52 [Amended]
Director of Security Affairs’’ and adding
in its place ‘‘Chief Health, Safety and in its place ‘‘Director of Classification’’. ■ 143. Section 1045.52(d) is amended
Security Officer’’. by removing ‘‘Department of Energy,
§ 1045.35 [Amended]
■ b. Paragraphs (c) and (d) introductory Director of Declassification, 19901
text, are amended by removing ■ 136. Section 1045.35, paragraphs (b) Germantown Road, Germantown,
‘‘Directors of Declassification and and (c), are amended by removing ‘‘DOE Maryland 20874–1290’’ and adding in
Security Affairs’’ and adding in its place Director of Declassification’’ and adding its place ‘‘Director, Office of
‘‘Director of Classification and the Chief in its place ‘‘Director of Classification’’. Classification, HS–90/Germantown
Health, Safety and Security Officer’’. Building, U.S. Department of Energy,
§ 1045.36 [Amended]
1000 Independence Avenue SW.,
§ 1045.17 [Amended] ■ 137. Section 1045.36(b) is amended by Washington, DC 20585–1290’’.
■ 130. Section 1045.17, paragraphs (a) removing ‘‘DOE Director of
Declassification’’ and adding in its place § 1045.53 [Amended]
introductory text, (a)(1), (a)(2), (a)(3),
and (b), are amended by removing ‘‘DOE ‘‘Director of Classification’’. ■ 144. Section 1045.53 is amended in:
Director of Declassification’’ and adding ■ a. Paragraph (b) by removing ‘‘DOE
§ 1045.37 [Amended]
in its place ‘‘Director of Classification’’. Director of Declassification’’ and adding
■ 138. Section 1045.37 is amended in: in its place ‘‘Director of Classification’’.
§ 1045.18 [Amended] ■ a. Paragraph (a) by removing ‘‘DOE ■ b. Paragraph (c) by removing ‘‘DOE
■ 131. Section 1045.18, paragraphs (a) Directors of Declassification and Director of Security Affairs’’ and adding
and (b), are amended by removing ‘‘DOE Security Affairs’’ and adding in its place in its place ‘‘Chief Health, Safety and
Security Officer, HS–1/Forrestal adding in its place ‘‘National Training 24, 2006, and the regulations in 21 CFR
Building’’. Center’’. 520.1484 are amended to reflect the
■ c. Paragraphs (d) and (e) by removing approval. The basis of approval is
‘‘DOE Director of Security Affairs’’ and PART 1049—LIMITED ARREST discussed in the freedom of information
adding in their place ‘‘Chief Health, AUTHORITY AND USE OF FORCE BY summary.
Safety and Security Officer’’. PROTECTIVE FORCE OFFICERS OF
■ d. Paragraph (f) by removing ‘‘DOE THE STRATEGIC PETROLEUM In accordance with the freedom of
Director of Security Affairs’’’ and adding RESERVE information provisions of 21 CFR part
in its place ‘‘Chief Health, Safety and 20 and 21 CFR 514.11(e)(2)(ii), a
Security Officer’s’’. ■ 149. The authority citation for part summary of safety and effectiveness
1049 continues to read as follows: data and information submitted to
PART 1046—PHYSICAL PROTECTION Authority: 42 U.S.C. 7101 et seq. support approval of this application
OF SECURITY INTERESTS may be seen in the Division of Dockets
§ 1049.8 [Amended] Management (HFA–305), Food and Drug
■ 145. The authority citation for part Administration, 5630 Fishers Lane, rm.
■ 150. Section 1049.8(a) is amended by
1046 continues to read as follows: 1061, Rockville, MD 20852, between 9
removing ‘‘Department of Energy Office
Authority: Sec. 2201, Pub. L. 83–703, 68 of Safeguards and Security’’ and adding a.m. and 4 p.m., Monday through
Stat. 919 (42 U.S.C. 2201 et seq.); sec. 7151, in its place ‘‘Chief Health, Safety and Friday.
Pub. L. 95–91, 91 Stat. 565 (42 U.S.C. 7101 Security Officer’’.
et seq.). FDA has determined under 21 CFR
[FR Doc. E6–20104 Filed 11–27–06; 8:45 am] 25.33(a)(1) that this action is of a type
§ 1046.3 [Amended] BILLING CODE 6450–01–P that does not individually or
■ 146. Section 1046.3 is amended in the cumulatively have a significant effect on
definition of ‘‘Designated physician’’ by the human environment. Therefore,
removing ‘‘Medical Director, Office of DEPARTMENT OF HEALTH AND neither an environmental assessment
Operational and Environmental Safety, HUMAN SERVICES nor an environmental impact statement
Headquarters’’ and adding in its place is required.
‘‘Director, Office of Health and Safety’’ Food and Drug Administration
This rule does not meet the definition
and by removing ‘‘Medical’’ in the
21 CFR Part 520 of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because
second sentence.
it is a rule of ‘‘particular applicability.’’
Appendix A to Subpart B of Part 1046 Oral Dosage Form New Animal Drugs; Therefore, it is not subject to the
[Amended] Neomycin congressional review requirements in 5
■ 147. Appendix A is amended in: AGENCY: Food and Drug Administration, U.S.C. 801–808.
■ a. Section B.(9) by removing ‘‘Director HHS. List of Subjects in 21 CFR Part 520
of Safeguards and Security, ACTION: Final rule.
Headquarters,’’ and adding in its place Animal drugs.
‘‘Chief Health, Safety and Security SUMMARY: The Food and Drug
■ Therefore, under the Federal Food,
Officer’’. Administration (FDA) is amending the
■ b. Section G.(1)(e) by removing
Drug, and Cosmetic Act and under
animal drug regulations to reflect
‘‘Director of Safeguards and Security, authority delegated to the Commissioner
approval of an abbreviated new animal
DOE Headquarters,’’ and adding in its drug application (ANADA) filed by of Food and Drugs and redelegated to
place ‘‘Chief Health, Safety and Security Sparhawk Laboratories, Inc. The the Center for Veterinary Medicine, 21
Officer’’. ANADA provides for use of neomycin CFR part 520 is amended as follows:
■ c. Section J.(5) by removing ‘‘Director sulfate oral solution in livestock for the
of Safeguards and Security, DOE PART 520—ORAL DOSAGE FORM
treatment and control of bacterial
Headquarters’’ and adding in its place enteritis. NEW ANIMAL DRUGS
‘‘Chief Health, Safety and Security
DATES: This rule is effective November ■ 1. The authority citation for 21 CFR
Officer’’.
28, 2006. part 520 continues to read as follows:
Appendix B to Subpart B of Part 1046 FOR FURTHER INFORMATION CONTACT: John
[Amended] Authority: 21 U.S.C. 360b.
K. Harshman, Center for Veterinary
■ 148. Appendix B is amended in: Medicine (HFV–104), Food and Drug § 520.1484 [Amended]
■ a. Section B.(1) by removing ‘‘Central Administration, 7500 Standish Pl.,
Training Academy (CTA)’’ and adding Rockville, MD 20855, 301–827–0169, e- ■ 2. In paragraph (b)(3) of § 520.1484,
in its place ‘‘National Training Center,’’ mail: john.harshman@fda.hhs.gov. add ‘‘058005,’’ in numerical sequence.
and by removing ‘‘Director, Office of SUPPLEMENTARY INFORMATION: Sparhawk Dated: November 16, 2006.
Safeguards and Security’’ and adding in Laboratories, Inc., 12340 Santa Fe Trail Bernadette Dunham,
its place ‘‘Chief Health, Safety and Dr., Lenexa, KS 66215, filed ANADA
Deputy Director, Office of New Animal Drug
Security Officer’’. 200–379 for the use of Neomycin Liquid Evaluation, Center for Veterinary Medicine.
■ b. Section B.(9)(b) is amended by in cattle, swine, sheep, and goats for the
[FR Doc. E6–20126 Filed 11–27–06; 8:45 am]
removing ‘‘DOE Operations Office’’ and treatment and control of bacterial
enteritis. Sparhawk Laboratories, Inc.’s BILLING CODE 4160–01–S
adding in its place ‘‘DOE field office’’.
■ c. Section B.(9)(g) by removing ‘‘Office Neomycin Liquid is approved as a
of Safeguards and Security (SA–10)’’ generic copy of Pharmacia &Upjohn

and adding in its place ‘‘Chief Health, Co.’s BIOSOL Liquid, sponsored by
Safety and Security Officer’’. Pharmacia & Upjohn Co., a Division of
■ d. Section B.(9)(i) by removing Pfizer, Inc., under ANADA 200–113.
‘‘Central Training Academy’’ and The ANADA is approved as of October

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Rules and Regulations Federal Register

Tuesday, November 28, 2006

10 CFR Part 602 10 CFR Part 871 ■ 2. Section 602.1 is amended by

sentence. Safeguards and Security’’. of Safeguards and Security’’ and adding

■ a. Paragraphs (a) and (b) introductory continues to read as follows: Officer’s’’.

§ 1044.12 [Amended] Declassification, 19901 Germantown

of Safeguards and Security (SA–10)’’ generic copy of Pharmacia &Upjohn

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