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Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / Proposed Rules
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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. A
regulatory flexibility analysis examines the impact of the rule on small entities and considers alternative ways of reducing negative effects. Also, as required by E.O. 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 https energy.gov/
gc/office-general-counsel.
DOE reviewed the definitions of GSL, GSILs, and related terms proposed in this NOPR under the provisions of the Regulatory Flexibility Act and the procedures and policies published on February 19, 2003. DOE certifies that this proposed rule would not have a significant economic impact on a substantial number of small entities.
DOE notes that this proposed rule would merely define what constitutes a GSL and GSIL. Manufacturers of GSLs and GSILs are required to use DOEs test procedures to make representations and certify compliance with standards, if required. The test procedure rulemakings for CFLs, integrated LED
lamps, and other GSLs addressed impacts on small businesses due to test procedure requirements. 81 FR 59386
Aug. 29, 2016; 81 FR 43404 July 1, 2016; 81 FR 72493 Oct. 20, 2016.
Further, as noted, DOE is considering EPCAs 45 lm/W backstop requirement for GSLs and has issued an RFI to that effect. 86 FR 28001. In that rulemaking, DOE plans to address the impact on small business manufacturers of GSLs and GSILs of implementing the backstop.
For this reason, DOE concludes and certifies that the proposed definitions would not have a significant economic impact on a substantial number of small entities, and the preparation of an IRFA
is not warranted.
C. Review Under the Paperwork Reduction Act Manufacturers of GSLs 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 GSLs and GSILs, including any amendments adopted for those test
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procedures. DOE has established regulations for the certification and recordkeeping requirements for all covered consumer products and commercial equipment. 76 FR 12422
Mar. 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 35
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.
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. DOE
anticipates that this proposed rulemaking qualifies for categorical exclusion A5 because it is an interpretive rulemaking that 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
E.O. 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
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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 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 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.
Therefore, no further action is required by Executive Order 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 that Section 3a review, 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.

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