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Federal Register / Vol. 86, No. 243 / Wednesday, December 22, 2021 / Proposed Rules implement future energy conservation standards for dishwashers. DOE has determined that this proposed rule falls into a class of actions that are categorically excluded from review under the National Environmental Policy Act of 1969 42 U.S.C. 4321 et seq. and DOEs implementing regulations at 10 CFR part 1021.
Specifically, DOE has determined that adopting test procedures for measuring energy efficiency of consumer products and industrial equipment is consistent with activities identified in 10 CFR part 1021, appendix A to subpart D, A5 and A6. Accordingly, neither an environmental assessment nor an environmental impact statement is required.

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E. Review Under Executive Order 13132
E.O. 13132, Federalism, 64 FR
43255 Aug. 4, 1999 imposes certain requirements on agencies formulating and implementing policies or regulations that preempt State law or that have federalism implications. The E.O. 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 E.O. 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 proposed 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 proposed 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. 6297d No further action is required by E.O. 13132.
F. Review Under Executive Order 12988
Regarding the review of existing regulations and the promulgation of new regulations, Section 3a of E.O.
12988, Civil Justice Reform, 61 FR
4729 Feb. 7, 1996, imposes on Federal agencies the general duty to adhere to the following requirements: 1
Eliminate drafting errors and ambiguity, 2 write regulations to minimize
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litigation, 3 provide a clear legal standard for affected conduct rather than a general standard, and 4 promote simplification and burden reduction.
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 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 them. DOE has completed the required review and determined that, to the extent permitted by law, the proposed 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 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 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 energy.gov/gc/
office-general-counsel. DOE examined
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this proposed 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 that may affect family well-being. This proposed 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.
I. Review Under Executive Order 12630
DOE has determined, under E.O.
12630, Governmental Actions and Interference with Constitutionally Protected Property Rights 53 FR 8859
March 18, 1988, that this proposed regulation would 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 www.energy.gov/sites/prod/
files/2019/12/f70/DOE%20Final%20
Updated%20IQA%20Guidelines%20
Dec%202019.pdf. DOE has reviewed this proposed 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
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