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Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Proposed Rules 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. EPCA governs and prescribes Federal preemption of State regulations as to energy conservation for the products that are the subject of this proposed rule. States can petition DOE
for exemption from such preemption to the extent, and based on criteria, set forth in EPCA. 42 U.S.C. 6297 No further action is required by Executive Order 13132.

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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 rule 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, section 201 codified at 2 U.S.C. 1531.
For a proposed regulatory action likely
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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 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 them. On March 18, 1997, DOE
published a statement of policy on its process for intergovernmental consultation under UMRA. 62 FR
12820. DOEs policy statement is also available at https energy.gov/sites/
prod/files/gcprod/documents/umra_
97.pdf.
This proposed rule contains neither an intergovernmental mandate nor a mandate that may result in the expenditures of $100 million or more in any one year, so these requirements under the Unfunded Mandates Reform Act do not apply.
H. 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 rule that may affect family well-being. 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.
I. Review Under Executive Order 12630
Pursuant to E.O. 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights, 53 FR 8859 Mar. 15, 1988, DOE has determined that this proposed rule would not result in any takings that might require compensation under the Fifth Amendment to the U.S.
Constitution.
J. Review Under Treasury and General Government Appropriations Act, 2001
Section 515 of the Treasury and General Government Appropriations Act, 2001 44 U.S.C. 3516 note provides
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for Federal agencies to review most disseminations of information to the public under information quality 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
FR 62446 Oct. 7, 2002. Pursuant to OMB Memorandum M1915, Improving Implementation of the Information Quality Act April 24, 2019, DOE published updated guidelines which are available at https www.energy.gov/sites/prod/files/
2019/12/f70/DOE%20Final%20
Updated%20IQA%20Guidelines%20
Dec%202019.pdf. DOE has reviewed this proposed rule under the OMB and DOE guidelines and has concluded that it is consistent with applicable policies in those guidelines.
K. Review Under Executive Order 13211
E.O. 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 OIRA at 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 promulgates or is expected to lead to promulgation of a final rule, and that 1 is a significant regulatory action under Executive Order 12866, or any successor order; and 2 is likely to have a significant adverse effect on the supply, distribution, or use of energy, or 3 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 rulewhich would amend the definition of showerhead, withdraw the definition of body spray, and retain the definition of safety shower showerheadwould not have a significant adverse effect on the supply, distribution, or use of energy and, therefore, is not a significant energy action. Accordingly, DOE has not prepared a Statement of Energy Effects on this proposed rule.
V. Public Participation A. Participation in the Webinar The time and date of the webinar are listed in the DATES section at the beginning of this document. Webinar registration information, participant
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