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Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / Rules and Regulations
and the subsequent estimates that assume full implementation of relevant industry standards demonstrate that coverage of fans and blowers and energy conservation standards that may result from such coverage would improve the efficiency of fans and blowers. Such standards would further the purpose of Part A1, to conserve the energy resources of the Nation.
C. Final Determination Based on the foregoing discussion, DOE concludes that including fans and blowers, as defined in this final determination, as covered equipment is necessary to carry out the purposes of Part A1. Based on the information discussed in sections II.B.1, II.B.2, and II.B.3 of this final determination, DOE is classifying fans and blowers as covered equipment.
This final determination does not establish test procedures or energy conservation standards for fans and blowers. DOE will address test procedures and energy conservation standards through its normal rulemaking process.
III. Procedural Issues and Regulatory Review A. Review Under Executive Order 12866
This coverage determination has been determined to be not significant for purposes of Executive Order E.O
12866, Regulatory Planning and Review, 58 FR 51735 Oct. 4, 1993. As a result, the Office of Management and Budget OMB did not review this final determination.

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B. Review Under the Regulatory Flexibility Act The Regulatory Flexibility Act 5
U.S.C. 601 et seq. requires preparation of an initial regulatory flexibility analysis IRFA for any rule 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.
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 this final rule under the provisions of the Regulatory
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Flexibility Act and the policies and procedures published on February 19, 2003. This final determination does not establish test procedures or standards for fans and blowers. On the basis of the foregoing, DOE certifies that this final determination has no significant economic impact on a substantial number of small entities. Accordingly, DOE has not prepared an IRFA for this final determination. DOE will transmit this certification and supporting statement of factual basis to the Chief Counsel for Advocacy of the Small Business Administration for review under 5 U.S.C. 605b.
C. Review Under the National Environmental Policy Act of 1969
Pursuant to the National Environmental Policy Act NEPA of 1969, DOE has analyzed this proposed action in accordance with NEPA and DOEs NEPA implementing regulations 10 CFR part 1021. DOE has determined that this rule qualifies for categorical exclusion under 10 CFR part 1021, subpart D, appendix A6 because it is strictly procedural and meets the requirements for application of a CX.
See 10 CFR part 1021410. Therefore, DOE has determined that promulgation of this rule is not a major Federal action significantly affecting the quality of the human environment within the meaning of NEPA, and does not require an Environmental Assessment or Environmental Impact Statement.
D. 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 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.
EPCA governs and prescribes Federal preemption of State regulations as to energy conservation for the industrial equipment that is the subject of this final determination. 42 U.S.C.
6316a10; 42 U.S.C. 6297 Regarding
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equipment for which DOE has made a coverage determination pursuant to 42
U.S.C. 63111L the preemption provisions of 42 U.S.C. 6297 begin on the date on which a final rule establishing an energy conservation standard is issued by the Secretary, except that any State or local standard prescribed or enacted for the equipment before the date on which the final rule is issued shall not be preempted until the energy conservation standard established by the Secretary for the equipment takes effect. 42 U.S.C.
6316a10 This final determination does not establish energy conservation standards for fans and blowers. DOE has examined this final determination and concludes that it does not preempt State law or have substantial direct effects on the States, on the relationship between the Federal government and the States, or on the distribution of power and responsibilities among the various levels of government. No further action is required by E.O. 13132.
E. 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 final determination meets the relevant standards of E.O. 12988.

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