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Federal Register / Vol. 86, No. 3 / Wednesday, January 6, 2021 / Rules and Regulations
costs, benefits, and other effects on the national economy. 2 U.S.C. 1532a, b UMRA also requires a Federal agency to develop an effective process to permit timely input by elected officers of State, local, and tribal governments on a proposed significant intergovernmental mandate and requires an agency plan for giving notice and opportunity for timely input to potentially affected small governments before establishing any requirements that might significantly or uniquely affect small governments. On March 18, 1997, DOE
published a statement of policy on its process for intergovernmental consultation under UMRA 62 FR
12820 also available at http
energy.gov/gc/office-general-counsel.
This final rule contains neither an intergovernmental mandate nor a mandate that may result in the expenditure of $100 million or more in any year by State, local, and tribal governments, in the aggregate, or by the private sector, so these requirements under UMRA do not apply.
J. Review Under the Treasury and General Government Appropriations Act of 1999
Section 654 of the Treasury and General Government Appropriations Act of 1999 Pub. L. 105277 requires Federal agencies to issue a Family Policymaking Assessment for any rule that may affect family well-being. This final rule does 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.

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K. Review Under Executive Order 12630, Governmental Actions and Interference With Constitutionally Protected Property Rights DOE has determined, under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights, 53 FR 8859
Mar. 18, 1988, that this final rule does not result in any takings which might require compensation under the Fifth Amendment to the United States Constitution.
L. Review Under the Information Quality Act The Information Quality Act 44
U.S.C. 3516, note provides for agencies to review most disseminations of information to the public under guidelines established by each agency pursuant to general guidelines issued by OMB. OMBs guidelines were published at 67 FR 8452 Feb. 22, 2002, and DOEs guidelines were published at 67

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FR 62446 Oct. 7, 2002. DOE has reviewed this final rule under the OMB
and DOE guidelines and has concluded that it is consistent with applicable policies in those guidelines.
M. Review Under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use, 66 FR 28355 May 22, 2001, requires Federal agencies to prepare and submit to the Office of Information and Regulatory Affairs OIRA, Office of Management and Budget, a Statement of Energy Effects for any proposed significant energy action.
A significant energy action is defined as any action by an agency that promulgated or is expected to lead to promulgation of a final rule, and that:
1i Is a significant regulatory action under Executive Order 12866, or any successor order, and ii is likely to have a significant adverse effect on the supply, distribution, or use of energy, or 2 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.
The final rule codifies internal agency procedures; it is not likely to have a significant adverse effect on the supply, distribution, or use of energy; and the Administrator of OIRA has not designated it as a significant energy action. Accordingly, the requirements of Executive Order 13211 do not apply.
Approval of the Office of the Secretary The Secretary of Energy has approved publication of this final rule.
List of Subjects in 10 CFR Part 1061
Administrative practice and procedure.
Signing Authority This document of the Department of Energy was signed on December 11, 2020, by William S. Cooper, III, General Counsel, pursuant to delegated authority from the Secretary of Energy.
That document with the original signature and date is maintained by DOE. For administrative purposes only, and in compliance with requirements of the Office of the Federal Register, the undersigned DOE Federal Register Liaison Officer has been authorized to
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sign and submit the document in electronic format for publication, as an official document of the Department of Energy. This administrative process in no way alters the legal effect of this document upon publication in the Federal Register.
Signed in Washington, DC, on December 15, 2020.
Treena V. Garrett, Federal Register Liaison Officer, U.S.
Department of Energy.

For the reasons stated in the preamble, DOE adds part 1061 to Chapter X of Title 10 of the Code of Federal Regulations as follows:

PART 1061PROCEDURES FOR THE
ISSUANCE OF GUIDANCE
DOCUMENTS
Sec.
1061.1 Purpose.
1061.2 Definitions.
1061.3 Procedures for issuing guidance documents.
1061.4 Petitions for withdrawal or modification of guidance documents.
Authority: 42 U.S.C. 7254; 42 U.S.C. 7101
et seq.; E.O. 13891, 84 FR 55235.
1061.1

Purpose.

This part establishes DOE procedures for the issuance and review of new or revised guidance documents, and procedures for the public to petition for the withdrawal or removal of DOE
guidance documents.
1061.2

Definitions.

For purposes of this part, the following terms, phrases and words are defined as follows:
Administrator means the Administrator of the Office of Information and Regulatory Affairs within the Office of Management and Budget.
DOE means the U.S. Department of Energy.
Guidance document means an agency statement of general applicability, intended to have future effect on the behavior of regulated parties, that sets forth a policy on a statutory, regulatory, or technical issue, or an interpretation of a statute or regulation, but does not include:
1 Rules promulgated pursuant to notice and comment under the Administrative Procedure Act, 5 U.S.C.
553, or similar statutory provisions;
2 Rules exempt from rulemaking requirements under 5 U.S.C. 553a;
3 Rules of agency organization, procedure, or practice;
4 Decisions of agency adjudications under 5 U.S.C. 554, 42 U.S.C.
6303d3A, or similar statutory provisions;

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