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Federal Register / Vol. 86, No. 110 / Thursday, June 10, 2021 / Proposed Rules
substantial number of small entities. As required by E.O. 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 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.
The Small Business Administration SBA considers a business entity to be a small business, if, together with its affiliates, it employs less than a threshold number of workers specified in 13 CFR part 121. The size standards and codes are established by the 2017
North American Industry Classification System NAICS.
Unfired hot water storage tank manufacturers are classified under NAICS code 333318, Other Commercial and Service Industry Machinery Manufacturing. The SBA
sets a threshold of 1,000 employees or fewer for an entity to be considered as a small business in this category. DOE
has conducted a focused inquiry into small business manufacturers of the equipment covered by this rulemaking.
The Department used available public information to identify potential small manufacturers. DOE accessed the Compliance Certification Database 34 to create a list of companies that import or otherwise manufacture the unfired hot water storage tanks covered by this proposal. Using these sources, DOE
identified a total of 48 distinct manufacturers of unfired hot water storage tanks. Of these manufacturers, DOE identified 37 manufacturers that are potential small businesses.
DOE reviewed this proposed determination under the provisions of the Regulatory Flexibility Act and the policies and procedures published on February 19, 2003. Because DOE is proposing not to amend standards for UFHWSTs, if adopted, the determination would not amend any energy conservation standards. On the basis of the foregoing, DOE certifies that the proposed determination, if adopted, would not have a significant economic impact on a substantial number of small entities. Accordingly, DOE has not prepared an IRFA for this proposed determination. DOE will transmit this certification and supporting statement of factual basis to the Chief Counsel for 34 U.S. Department of Energy Compliance Certification Management System, available at:
https www.regulations.doe.gov/ccms.

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Advocacy of the Small Business Administration for review under 5
U.S.C. 605b.
C. Review Under the Paperwork Reduction Act This proposed determination, which proposes to determine that amended energy conservation standards for UFHWSTs are unneeded under the applicable statutory criteria, would impose no new informational or recordkeeping requirements.
Accordingly, OMB clearance is not required under the Paperwork Reduction Act. 44 U.S.C. 3501 et seq.
D. Review Under the National Environmental Policy Act of 1969
DOE is analyzing this proposed action in accordance with the National Environmental Policy Act of 1969
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
anticipates that this action qualifies for categorical exclusion A4 because it is an interpretation or ruling in regard to an existing regulation 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 action.
E. Review Under Executive Order 13132
E.O. 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 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 determination and has tentatively determined that it 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
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power and responsibilities among the various levels of government. EPCA
governs and prescribes Federal preemption of State regulations as to energy conservation for the equipment that is the subject of this proposed determination. States can petition DOE
for exemption from such preemption to the extent, and based on criteria, set forth in EPCA. See 42 U.S.C. 6316a and b; 42 U.S.C. 6297 As this proposed determination would not amend the standards for UFHWSTs, there is no impact on the policymaking discretion of the States. Therefore, no action is required by E.O. 13132.
F. Review Under Executive Order 12988
With respect to the review of existing regulations and the promulgation of new regulations, section 3a of E.O.
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 E.O. 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 proposed determination meets the relevant standards of E.O. 12988.
G. 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
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