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Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Rules and Regulations
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analysis IRFA and a final regulatory flexibility analysis FRFA 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. DOE
has made its procedures and policies available on the Office of the General Counsels website http energy.gov/gc/
office-general-counsel.
DOE reviewed this final determination pursuant to the Regulatory Flexibility Act and the procedures and policies discussed above. DOE has concluded that, based on the data and available information it has been able to review, amended energy conservation standards for SEMs would not be cost-effective. Therefore, DOE is not amending the current energy conservation standards for SEMs. On the basis of the foregoing, DOE certifies that this final determination will not have a significant economic impact on a substantial number of small entities.
Accordingly, DOE has not prepared an FRFA for this final determination. DOE
has transmitted its certification and supporting statement of factual basis 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 Manufacturers of SEMs must certify to DOE that their equipment comply with any applicable energy conservation standards. In certifying compliance, manufacturers must test their equipment according to the DOE test procedures, including any amendments adopted for those test procedures. DOE
has established regulations for the certification and recordkeeping requirements for all covered consumer products and commercial equipment, including SEMs. 76 FR 12422 March 7, 2011; 80 FR 5099 Jan. 30, 2015. The collection-of-information requirement for the certification and recordkeeping is subject to review and approval by OMB under the Paperwork Reduction Act PRA. This requirement has been approved by OMB under OMB control number 19101400. Public reporting burden for the certification is estimated to average 30 hours per response, including the time for reviewing
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instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.
Notwithstanding any other provision of the law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the PRA, unless that collection of information displays a currently valid OMB Control Number.
This final determination, which concludes that amended energy conservation standards for SEMs would not be cost effective and by extension, not economically justified as required under the relevant statute, imposes no new information or recordkeeping requirements. Accordingly, clearance from the OMB 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 analyzed this final determination in accordance with the National Environmental Policy Act NEPA
and DOEs NEPA implementing regulations 10 CFR part 1021. DOEs regulations include a categorical exclusion for actions which are interpretations or rulings with respect to existing regulations. 10 CFR part 1021, subpart D, Appendix A4. DOE has determined that this action qualifies for categorical exclusion A4 because it is an interpretation or ruling in regards to an existing regulation and otherwise meets the requirements for application of a categorical exclusion. See 10 CFR
1021.410.
F. Review Under Executive Order 13132
Executive Order 13132, Federalism, 64 FR 43255 Aug. 10, 1999, imposes certain requirements on Federal 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. As this
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final determination does not amend the standards for SEMs, there is no impact on the policymaking discretion of the States. Therefore, no action is required by Executive Order 13132.
G. Review Under Executive Order 12988
With respect to the review of existing regulations and the promulgation of new regulations, section 3a of Executive Order 12988, Civil Justice Reform, 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, 3
provide a clear legal standard for affected conduct rather than a general standard, and 4 promote simplification and burden reduction. 61 FR 4729 Feb.
7, 1996. Regarding the review required by section 3a, section 3b of Executive Order 12988 specifically requires that Executive agencies make every reasonable effort to ensure that the regulation 1 clearly specifies the preemptive effect, if any, 2 clearly specifies any effect on existing Federal law or regulation, 3 provides a clear legal standard for affected conduct while promoting simplification and burden reduction, 4 specifies the retroactive effect, if any, 5 adequately defines key terms, and 6 addresses other important issues affecting clarity and general draftsmanship under any guidelines issued by the Attorney General. Section 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, this final determination meets the relevant standards of Executive Order 12988.
H. Review Under the Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 UMRA requires each Federal agency to assess the effects of Federal regulatory actions on State, local, and Tribal governments and the private sector. Public Law 1044, sec.
201 codified at 2 U.S.C. 1531. For a 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 costs, benefits, and other effects on the national economy. 2 U.S.C. 1532a, b The
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