Voglio sapere a riguardo di…

51634

Federal Register / Vol. 86, No. 177 / Thursday, September 16, 2021 / Proposed Rules
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.
As noted previously, this proposed determination, if made final, would not establish any testing requirements or energy conservation standards for air cleaners.
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 that are strictly procedural. 10 CFR part 1021, subpart D, appendix A6. DOE
anticipates that this rulemaking qualifies for categorical exclusion A6
because it is a strictly procedural rulemaking 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 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 that it will follow in the development of such regulations.
65 FR 13735. DOE has examined this proposed determination and had tentatively determined that it would not have a substantial direct effects on the States, on the relationship between the Federal government and the States, or on the distribution of power and
VerDate Sep<11>2014

16:17 Sep 15, 2021

Jkt 253001

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 determination. 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 E.O. 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 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, to be given to the law 2 clearly specifies any effect on existing Federal law or regulation, 3 provides a clear legal standard for affected conduct, 4
specifies the retroactive effect, if any, to be given to the law, 5 defines key terms, either explicitly or by reference to other statues that explicitly define those terms, and 6 addresses other important issues affecting clarity and general draftsmanship of legislation under any guidelines issued by the Attorney General. Section 3c of E.O.
12988 requires Executive agencies to review regulations in light of applicable standards in sections 3a and 3b to determine whether they are met or it is unreasonable to meet one or more of those standards. DOE completed the required review and determined that, to the extent permitted by law, this proposed determination 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, sec.
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
PO 00000

Frm 00010

Fmt 4702

Sfmt 4702

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 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 requirement 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 www.energy.gov/sites/prod/files/gcprod/
documents/umra_97.pdf.
DOE examined this proposed determination according to UMRA and its statement of policy and determined that the proposed determination does not contain a Federal intergovernmental mandate, nor is it expected to require expenditures of $100 million or more in any one year by State, local, and Tribal governments, in the aggregate, or by the private sector. As a result, the analytical requirements of UMRA do not apply.
H. Review Under the Treasury and General Government Appropriations Act of 1999
Section 654 of the Treasury and General Government Appropriations Act of 1999 Pub. L. 105277 requires Federal agencies to issue a Family Policymaking Assessment for any rule that may affect family well-being. This proposed determination 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 determination 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 of 2001
Section 515 of the Treasury and General Government Appropriation Act,
E:FRFM16SEP1.SGM

16SEP1