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Federal Register / Vol. 86, No. 241 / Monday, December 20, 2021 / Rules and Regulations with, a collection of information subject to the requirements of the PRA, unless that collection of information displays a currently valid OMB Control Number.
D. Review Under the National Environmental Policy Act of 1969
Pursuant to the National Environmental Policy Act NEPA of 1969, DOE has analyzed this final 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 A5 because it is an interpretive rulemaking that does not change the environmental effect of the rule and meets the requirements for application of a categorical exclusion.
See 10 CFR 1021.410. 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 an environmental impact statement.

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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 it will follow in the development of such regulations. 65 FR
13735. DOE has examined this final rule and has determined that it 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. EPCA governs and prescribes Federal preemption of State regulations as to energy conservation for the products that are the subject of this
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final rule. 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 No further action is required by Executive Order 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, 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 rule 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, section 201 codified at 2 U.S.C. 1531.
For a 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
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$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 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.
DOE has concluded that this final rule contains neither an intergovernmental mandate nor a mandate that may result in the expenditures of $100 million or more in any one year, so these requirements under the Unfunded Mandates Reform Act 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 that may affect family well-being. This 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
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 final rule 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

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