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Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / Proposed Rules
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 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 rulemaking does not contain a Federal intergovernmental mandate, nor is it expected to require expenditures of $100 million or more in any one year by the private sector. As a result, the analytical requirements of UMRA do not apply.

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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 rulemaking 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,
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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 the 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 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 www.energy.gov/sites/prod/files/2019/
12/f70/DOE%20Final %20Updated%20IQA%20
Guidelines%20Dec%202019.pdf. DOE
has reviewed this NOPR 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.
DOE has tentatively concluded that this regulatory action, which proposes amended definitions for GSL and GSIL, is not a significant energy action because the proposed definitions are not likely to have a significant adverse effect on the supply, distribution, or use of
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energy. Accordingly, DOE has not prepared a Statement of Energy Effects on this proposed rule.
L. Review Under Section 32 of the Federal Energy Administration Act of 1974
Under Section 301 of the Department of Energy Organization Act Pub. L. 95
91; 42 U.S.C. 7101, DOE must comply with section 32 of the Federal Energy Administration Act of 1974, as amended by the Federal Energy Administration Authorization Act of 1977. 15 U.S.C.
788 FEAA. Section 32 essentially provides in relevant part that, where a proposed rule authorizes or requires use of commercial standards, the notice of proposed rulemaking must inform the public of the use and background of such standards. In addition, Section 32c requires DOE to consult with the Attorney General and the Chairman of the Federal Trade Commission FTC
concerning the impact of the commercial or industry standards on competition. This proposal to amend the definitions of GSL and GSIL does not propose the use of any commercial standards.
M. Materials Incorporated by Reference The proposed modifications to the definition of general service lamp and the associated supporting definitions reference the following commercial standards that are already incorporated by reference in 10 CFR 430.2:
1 ANSI C78.202003, Revision of ANSI C78.201995 ANSI C78.20, American National Standard for electric lampsA, G, PS, and Similar Shapes with E26 Medium Screw Bases, approved October 30, 2003.
2 ANSI C79.12002, American National Standard for Electric Lamps Nomenclature for Glass Bulbs Intended for Use with Electric Lamps, approved September 16, 2002.
3 CIE 13.31995 CIE 13.3, Technical Report: Method of Measuring and Specifying Colour Rendering Properties of Light Sources, 1995, ISBN
3 900 734 57 7.
DOE has evaluated these standards and is unable to conclude whether they fully comply with the requirements of Section 32b of the FEAA i.e., that they were developed in a manner that fully provides for public participation, comment, and review. DOE will consult with both the Attorney General and the Chairman of the FTC
concerning the impact of these test procedures on competition, prior to adopting a final rule.

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