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Federal Register / Vol. 86, No. 3 / Wednesday, January 6, 2021 / Rules and Regulations Feb. 3, 2017 This final rule is not an Executive Order 13771 regulatory action because it results in costs that are de minimis.

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C. Review Under the Regulatory Flexibility Act The Regulatory Flexibility Act 5
U.S.C. 601 et seq. requires the preparation of a regulatory flexibility analysis for any rule that by law must be proposed for public comment, unless the agency certifies that the rule, if promulgated, will not have a significant economic impact on a substantial number of small entities. As required by Executive Order 13272, Proper Consideration of Small Entities in Agency Rulemaking, 67 FR 53461, Aug.
16, 2002, DOE published procedures and policies on February 19, 2003, to ensure that the potential impacts of its rules on small entities are properly considered during the rulemaking process. 68 FR 7990 The Department has made its procedures and policies available on the Office of the General Counsels website: http energy.gov/gc/
office-general-counsel.
The final rule codifies internal agency procedures regarding DOEs issuance of guidance documents. Additionally, as noted previously, guidance documents do not have the force and effect of law and are not legally binding on regulated entities. This final rule establishes procedures to ensure that DOE guidance only clarifies existing statutory and regulatory obligations, rather than imposing any new obligations. DOE
therefore does not anticipate any significant economic impacts from todays final rule. For these reasons, DOE certifies that this rulemaking will not have a significant economic impact on a substantial number of small entities. Accordingly, DOE did not prepare a regulatory flexibility act analysis for this rulemaking. DOEs certification and supporting statement of factual basis will be provided to the Chief Counsel for Advocacy of the Small Business Administration for review under 5 U.S.C. 605b.
D. Review Under the Paperwork Reduction Act of 1995
The final rule imposes no new information or record keeping requirements. Accordingly, Office of Management and Budget OMB
clearance is not required under the Paperwork Reduction Act. 44 U.S.C.
3501 et seq.
E. Review Under the National Environmental Policy Act of 1969
DOE has determined that the final rule is covered under the Categorical
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Exclusion found in DOEs National Environmental Policy Act regulations at paragraph A.6 of Appendix A to subpart D, 10 CFR part 1021. That Categorical Exclusion applies to actions that are strictly procedural, such as rulemaking establishing the administration of grants. The final rule codifies internal agency procedures for issuing guidance documents. The action does not have direct environmental impacts. No extraordinary circumstances are present that would warrant further review.
Accordingly, DOE has not prepared an environmental assessment or an environmental impact statement.

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criteria contained in Executive Order 13175. Because this final rule does not significantly or uniquely affect the communities of the Indian tribal governments or impose substantial direct compliance costs on them, the funding and consultation requirements of Executive Order 13175 do not apply.

F. Review Under Executive Order 13132, Federalism Executive Order 13132, Federalism, 64 FR 43255, Aug. 10, 1999, imposes certain requirements on agencies formulating and implementing policies or regulations that preempt State law or that have federalism implications. The Executive Order requires agencies to examine the constitutional and statutory authority supporting any action that would limit the policymaking discretion of the States and to 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 examined this final rule and determined that it will not preempt State law and will 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.

H. Review Under Executive Order 12988, Civil Justice Reform With respect to the review of existing regulations and the promulgation of new regulations, section 3a of Executive Order 12988, Civil Justice Reform, 61 FR 4729 Feb. 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 3b of Executive Order 12988 specifically requires that Executive agencies make every reasonable effort to ensure that the regulation: 1 Clearly specifies its 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 its 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 3c of Executive Order 12988 requires Executive agencies to review regulations in light of applicable standards in section 3a and section 3b 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, the final rule meets the relevant standards of Executive Order 12988.

G. Executive Order 13175 Consultation and Coordination With Indian Tribal Governments Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, 65 FR 67249 Nov. 9, 2000, applies to agency regulations that have Tribal implications, that is, regulations that have substantial direct effects on one or more Indian tribes, on the relationship between the Federal Government and Indian Tribes, or on the distribution of power and responsibilities between the Federal Government and Indian Tribes. The final rule has been analyzed in accordance with the principles and
I. Review Under the Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 UMRA Pub. L.
1044 requires each Federal agency to assess the effects of Federal regulatory actions on State, local, and tribal governments and the private sector. For a proposed regulatory action likely to result in a rule that may cause the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector of $100 million or more in any one year adjusted annually for inflation, section 202 of UMRA requires a Federal agency to publish a written statement that estimates the resulting
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