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Federal Register / Vol. 86, No. 127 / Wednesday, July 7, 2021 / Proposed Rules
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regulatory flexibility analysis examines the impact of the rule on small entities and considers alternative ways of reducing negative effects. Also, as required by Executive Order 13272, Proper Consideration of Small Entities in Agency Rulemaking, 67 FR 53461
August 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 DOE
rulemaking process. 68 FR 7990. DOE
has made its procedures and policies available on the Office of the General Counsels website at: https
www.energy.gov/gc/office-generalcounsel.
This proposed rule details generally applicable guidance that may guide, but not bind, the Departments rulemaking process. The proposed revisions are intended to improve DOEs ability to meet the obligations and deadlines outlined in EPCA by allowing DOE to tailor its rulemaking procedures to fit the specific facts and circumstances of a particular covered product or equipment, while not affecting the ability of any interested person, including small entities, to participate in DOEs rulemaking process. Because this proposed rule imposes no regulatory obligations on the public, including small entities, and does not affect the ability of any interested person, including small entities, to participate in DOEs rulemaking process, DOE certifies that this proposed rule will not have a significant economic impact on a substantial number of small entities, and, therefore, no initial regulatory flexibility analysis is required. Mid-Tex Elec. Cooperative, Inc. v. F.E.R.C., 773 F.2d 327 D.C. Cir.
1985.
C. Review Under the Paperwork Reduction Act of 1995
DOE is not amending its existing information collections through this proposed rule. Under existing provisions, manufacturers of covered products/equipment must certify to DOE that their products comply with any applicable energy conservation standards. In certifying compliance, manufacturers must test their products according to the DOE test procedures for such products/equipment, including any amendments adopted for those test procedures, on the date that compliance is required. DOE has established regulations for the certification and recordkeeping requirements for all covered consumer products and commercial equipment. 76 FR 12422
March 7, 2011; 80 FR 5099 Jan. 30, 2015. The collection-of-information
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requirement for 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 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.
Specifically, this proposed rule, addressing clarifications to the Process Rule itself, does not contain any collection of information requirement that would trigger the PRA.
D. Review Under the National Environmental Policy Act of 1969
DOE is analyzing this proposed regulation 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 rulemakings interpreting or amending an existing rule or regulation that does not change the environmental effect of the rule or regulation being amended. 10 CFR part 1021, subpart D, appendix A5. DOEs regulations include a categorical exclusion for rulemakings that are strictly procedural. 10 CFR part 1021, subpart D, appendix A6. DOE
anticipates that this rulemaking qualifies for categorical exclusion A5
and A6 because it is amending a rule and because it is a procedural rulemaking, it does not change the environmental effect of the rule and otherwise meets the requirements for application of a categorical exclusion.
See 10 CFR 1021.410. DOE will complete its NEPA review before issuing the final rule.
E. Review Under Executive Order 13132
Executive Order 13132, Federalism, 64 FR 43255 August 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
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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 has examined this proposed rule and has determined that it 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. It will primarily affect the procedure by which DOE
develops proposed rules to revise energy conservation standards and test procedures. EPCA governs and prescribes Federal preemption of State regulations that are the subject of DOEs regulations adopted pursuant to the statute. In such cases, States can petition DOE for exemption from such preemption to the extent, and based on criteria, set forth in EPCA. 42 U.S.C.
6297d Therefore, Executive Order 13132 requires no further action.
F. Review Under Executive Order 12988
Regarding 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; 3
provide a clear legal standard for affected conduct rather than a general standard; and 4 promote simplification and burden reduction. Regarding the review required by section 3a, section 3b of Executive Order 12988
specifically requires that each Executive agency make every reasonable effort to ensure that when it issues a regulation, 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 clearly specifies the retroactive effect, if any; 5 specifies whether administrative proceedings are to be required before parties may file suit in court and, if so, describes those proceedings and requires the exhaustion of administrative remedies; 6

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