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Federal Register / Vol. 86, No. 194 / Tuesday, October 12, 2021 / Rules and Regulations
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 sections 3a and 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 rule meets the relevant standards of Executive Order 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 regulatory action resulting 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 small governments. On March 18, 1997, DOE
published a statement of policy on its process for intergovernmental consultation under UMRA. 62 FR
12820; also available at https
energy.gov/gc/office-general-counsel.
DOE examined this final rule according to UMRA and its statement of policy and determined that the rule contains neither an intergovernmental mandate, nor a mandate that may result in the expenditure of $100 million or more in any year, so these requirements do not apply.
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
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that may affect family well-being. This final rule will 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
DOE has determined, under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights 53 FR 8859
March 18, 1988, that this regulation will not result in any takings that might require compensation under the Fifth Amendment to the U.S. Constitution.
J. Review Under 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 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 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 https www.energy.gov/
sites/prod/files/2019/12/f70/DOE%20
Final%20Updated%20
IQA%20Guidelines%20
Dec%202019.pdf. DOE has reviewed this final rule 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
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 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 OIRA as a significant energy action. For any significant energy action, the agency must give a detailed statement of any adverse effects on energy supply, distribution, or use if the
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regulation is implemented, and of reasonable alternatives to the action and their expected benefits on energy supply, distribution, and use.
This regulatory action is not a significant regulatory action under Executive Order 12866. Moreover, it would not have a significant adverse effect on the supply, distribution, or use of energy, nor has it been designated as a significant energy action by the Administrator of OIRA. Therefore, it is not a significant energy action, and, accordingly, DOE has not prepared a Statement of Energy Effects.
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 FTC concerning the impact of the commercial or industry standards on competition.
The modifications to the test procedures for refrigeration products adopted in this final rule incorporate testing methods contained in certain sections of HRF12019. DOE has evaluated this standard and is unable to conclude whether it fully complies with the requirements of section 32b of the FEAA i.e., whether it was developed in a manner that fully provides for public participation, comment, and review.
DOE has consulted with both the Attorney General and the Chairman of the FTC about the impact on competition of using the methods contained in these standards and has received no comments objecting to their use.
M. Congressional Notification As required by 5 U.S.C. 801, DOE will report to Congress on the promulgation of this rule before its effective date. The report will state that it has been determined that the rule is not a major rule as defined by 5 U.S.C. 8042.
N. Description of Materials Incorporated by Reference In this final rule, DOE incorporates by reference the test procedure published
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