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Federal Register / Vol. 86, No. 9 / Thursday, January 14, 2021 / Rules and Regulations
IV. Final Rulemaking The 2015 Act requires that annual adjustments for inflation subsequent to the initial catch-up adjustment be made notwithstanding 5 U.S.C. 553.
V. Regulatory Review A. Executive Order 12866
This rule has been determined not to be a significant regulatory action under Executive Order 12866, Regulatory Planning and Review, 58 FR 51735
October 4, 1993. Accordingly, this action was not subject to review under that Executive order by the Office of Information and Regulatory Affairs of the Office of Management and Budget.
B. National Environmental Policy Act DOE has determined that this final rule is covered under the Categorical Exclusion found in DOEs National Environmental Policy Act regulations at paragraph A5 of appendix A to subpart D, 10 CFR part 1021, which applies to a rulemaking that amends an existing rule or regulation and that does not change the environmental effect of the rule or regulation being amended.
Accordingly, neither an environmental assessment nor an environmental impact statement is required.
C. Regulatory Flexibility Act The Regulatory Flexibility Act 5
U.S.C. 601 et seq. requires preparation of an initial regulatory flexibility analysis for any rule that by law must be proposed for public comment. As discussed above, the 2015 Act requires that annual inflation adjustments subsequent to the initial catch-up adjustment be made notwithstanding 5
U.S.C. 553. Because a notice of proposed rulemaking is not required for this action pursuant to 5 U.S.C. 553, or any other law, no regulatory flexibility analysis has been prepared for this final rule.

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D. Paperwork Reduction Act This final rule imposes no new information collection requirements subject to the Paperwork Reduction Act.
E. Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 Pub. L. 1044 generally requires Federal agencies to examine closely the impacts of regulatory actions on State, local, and tribal governments.
Section 201 excepts agencies from 2 Adjustment applies only to violations of 42
U.S.C. 2077b, consistent with Public Law 115232
August 13, 2018.
3 Implemented by 10 CFR 820.81, 10 CFR 851.5, and appendix B to 10 CFR part 851.

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assessing effects on State, local or tribal governments or the private sector of rules that incorporate requirements specifically set forth in law. Because this rule incorporates requirements specifically set forth in 28 U.S.C. 2461
note, DOE is not required to assess its regulatory effects under section 201.
Unfunded Mandates Reform Act sections 202 and 205 do not apply to this action because they apply only to rules for which a general notice of proposed rulemaking is published.
Nevertheless, DOE has determined that this regulatory action does not impose a Federal mandate on State, local, or tribal governments or on the public sector.
F. 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 proposed rule that may affect family well-being. This 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.
G. 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 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. 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 errors and ambiguity; 2 write regulations to minimize litigation; and 3 provide a clear legal standard for affected conduct rather than a general
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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 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 rule meets the relevant standards of Executive Order 12988.
I. 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 rule under the OMB and DOE guidelines and has concluded that it is consistent with applicable policies in those guidelines.
J. 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:
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 the Office of Information and Regulatory
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