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Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Proposed Rules $100 million or more in any one year adjusted annually for inflation. Section 204 of that title requires each agency that proposes a rule containing a significant Federal intergovernmental mandate to develop an effective process for obtaining meaningful and timely input from elected officers of State, local, and tribal governments.
This proposed rule does not impose a Federal mandate on State, local or tribal governments. The proposed rule would not result in 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.
Accordingly, no assessment or analysis is required under the Unfunded Mandates Reform Act of 1995.
F. Review Under the Treasury and General Government Appropriations Act, 1999
Section 654 of the Treasury and General Government Appropriations Act, 1999 Pub. L. 105277, requires Federal agencies to issue a Family Policymaking Assessment for any rulemaking that may affect family wellbeing. This proposed rule would 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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G. Review Under Executive Order 13132
Executive Order 13132, Federalism, 64 FR 43255 August 4, 1999 imposes certain requirements on agencies formulating and implementing policies or regulations that preempt State law or that have federalism implications.
Agencies are required to examine the constitutional and statutory authority supporting any action that would limit the policymaking discretion of the States and carefully assess the necessity for such actions. DOE has examined this proposed rule and has determined that it would not preempt State law and would 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
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 February 7, 1996, imposes on Executive agencies the general duty to adhere to the following requirements: 1 Eliminate drafting
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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. With regard to 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 the 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 the standards. DOE has completed the required review and determined that, to the extent permitted by law, this proposed rule meets the relevant standards of Executive Order 12988.
I. Review Under the Treasury and General Government Appropriations Act, 2001
The Treasury and General Government Appropriations Act, 2001
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 February 22, 2002, and DOEs guidelines were published at 67
FR 62446 October 7, 2002. DOE has reviewed this proposed rule under OMB
and DOE guidelines and has concluded that it is consistent with applicable policies in those guidelines.
J. Review Under Executive Order 13211
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 OMB, 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
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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.
This proposed rule would not have a significant adverse effect on the supply, distribution, or use of energy and is therefore not a significant energy action.
Accordingly, DOE has not prepared a Statement of Energy Effects.
V. Public ParticipationSubmission of Comments DOE will accept comments, data and information regarding this proposed rule before or until October 7, 2021.
Interested individuals are invited to participate in this proceeding by submitting data, views, or arguments with respect to this proposed rule using the method described in the ADDRESSES
section at the beginning of this proposed rule. To help the Department review the submitted comments, commenters are requested to reference the paragraphs to which they refer, e.g., 10 CFR
707.7a2, where possible.
Submitting comments via https
www.regulations.gov. The https
www.regulations.gov web page will require you to provide your name and contact information. Your contact information will be viewable to DOEs Office of Worker Safety and Health Policy staff only. Your contact information will not be publicly viewable except for your first and last names, organization name if any, and submitter representative name if any.
If your comment is not processed properly because of technical difficulties, DOE will use this information to contact you. If DOE
cannot read your comment due to technical difficulties and cannot contact you for clarification, DOE may not be able to consider your comment.
However, your contact information will be publicly viewable if you include it in the comment or in any documents attached to your comment. Any information that you do not want to be publicly viewable should not be included in your comment, nor in any document attached to your comment.
Persons viewing comments will see only first and last names, organization names, correspondence containing comments, and any documents submitted with the comments.

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