[Federal Register: October 2, 2006 (Volume 71, Number 190)]
[Rules and Regulations]
[Page 57885-57887]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02oc06-3]
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DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
10 CFR Part 420
RIN 1904-AB63
State Energy Program
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Final rule.
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SUMMARY: The Department of Energy (DOE) is publishing a final rule that
amends the State Energy Program regulations to incorporate certain
changes made to the DOE-administered formula grant program by the
Energy Policy Act of 2005 (EPACT 2005).
DATES: This rule is effective November 1, 2006.
FOR FURTHER INFORMATION CONTACT: Eric W. Thomas, U.S. Department of
Energy, Office of Energy Efficiency and Renewable Energy, State Energy
Program, EE-2K, 1000 Independence Avenue, SW., Washington, DC 20585-
0121, (202) 586-2242, e-mail: eric.thomas@ee.doe.gov, or Chris
Calamita, Esq., U.S. Department of Energy, Office of the General
Counsel, Forrestal Building, GC-72, 1000 Independence Avenue, SW.,
Washington, DC 20585-0121, (202) 586-1777, e-mail:
Christopher.Calamita@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Section 123 of the Energy Policy Act of 2005 (EPACT 2005) (Pub. L.
109-58) amended Title III, Part D of the Energy Policy and Conservation
Act (EPCA) (Pub. L. 94-163), which pertains to State energy
conservation plans. The submission of such plans is required for
participation in the DOE State Energy Program for providing formula
grants to States for a wide variety of energy efficiency and renewable
energy initiatives. This final rule amends the DOE State Energy Program
regulations in Part 420 of Title 10 of the Code of Federal Regulations
to incorporate the EPACT 2005 amendments.
Section 123 of EPACT 2005 amended section 362 of EPCA (42 U.S.C.
6322) to provide, in a new subsection (g), that the Secretary of Energy
shall, at least once every three years, invite the Governor of each
State that has submitted a State energy conservation plan to DOE to
review and, if necessary, revise the State plan. EPACT 2005 provides
that in conducting this review, the Governor should consider the energy
conservation plans of other States within the region, and identify
opportunities and actions that may be carried out in pursuit of common
energy conservation goals. With the issuance of this final rule, DOE
amends 10 CFR 420.13 to include a new paragraph (d) that sets forth
this new statutory requirement.
Section 123 of EPACT 2005 also amended section 364 of EPCA (42
U.S.C. 6324) to provide that the energy conservation goal in State
plans must call for a 25 percent or more improvement in the efficiency
of State energy use in calendar year 2012 as compared to calendar year
1990. Previously, EPCA required a State energy conservation plan goal
consisting of a 10 percent or more improvement in energy efficiency in
calendar year 2000, as compared to calendar year 1990. DOE is amending
10 CFR 420.13(b)(3) to include the new efficiency goal.
II. Rationale for Final Rulemaking
DOE is issuing today's action as a final rule, without prior notice
and opportunity for public comment, because DOE is incorporating the
EPACT 2005 revisions to the State Energy Program without substantive
change and this action is non-discretionary. In this circumstance, the
provision of notice and an opportunity for comment is unnecessary.
III. Procedural Requirements
A. Review Under Executive Order 12866, ``Regulatory Planning and
Review''
This final rule is not a ``significant regulatory action'' under
section 3(f)(1) of Executive Order 12866, ``Regulatory Planning and
Review.'' 58 FR 51735 (October 4, 1993). Accordingly, this action was
not subject to review by the Office of Information and Regulatory
Affairs (OIRA) in the Office of Management and Budget (OMB).
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 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 Executive Order 13272, Proper Consideration of Small Entities in
Agency Rulemaking, 67 FR 53461 (August 16, 2002), DOE published
procedures and policies on February 19, 2003, (68 FR 7990) to ensure
that the potential impacts of its rules on small entities are properly
considered during the rulemaking process. The Department has made its
procedures and policies available on the Office of General Counsel's
Web site: http://www.gc.doe.gov. Because this final rule consists of
regulatory amendments for which a general notice of proposed rulemaking
is not required, the Regulatory Flexibility Act does not apply.
C. Review Under the Paperwork Reduction Act of 1995
This rulemaking will impose no new information or record keeping
requirements. Accordingly, Office of Management and Budget clearance is
not required under the Paperwork Reduction Act. (44 U.S.C. 3501 et
seq.)
D. Review Under the National Environmental Policy Act of 1969
DOE has determined that this rule is covered under the Categorical
Exclusion found in DOE's National Environmental Policy Act regulations
at paragraph A.5 of Appendix A to Subpart D, 10 CFR
[[Page 57886]]
part 1021, which applies to rulemaking interpreting or amending an
existing rule or regulation that does not change the environmental
effect of the rule or regulation being amended. Accordingly, neither an
environmental assessment nor an environmental impact statement is
required.
E. Review Under Executive Order 13132, ``Federalism''
Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 4,
1999), imposes certain requirements on 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 examined this rule
and determined that it does not preempt State law and does 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. No further
action is required by Executive Order 13132.
F. Review Under Executive Order 12988, ``Civil Justice Reform''
With respect to the review of existing regulations and the
promulgation of new regulations, section 3(a) of Executive Order 12988,
``Civil Justice Reform,'' 61 FR 4729 (February 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 litigation; and (3) provide a clear legal
standard for affected conduct rather than a general standard and
promote simplification and burden reduction. Section 3(b) of Executive
Order 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 3(c) of Executive Order 12988 requires
Executive agencies to review regulations in light of applicable
standards in section 3(a) and section 3(b) 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 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) (Pub.
L. 104-4) requires each Federal agency to assess the effects of Federal
regulatory actions on State, local, and Tribal governments and the
private sector. 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. 1532(a) and (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 http://www.gc.doe.gov). This final rule does not
contain an intergovernmental mandate or a mandate that may result in
the expenditure of $100 million or more in any year, so these
requirements under the Unfunded Mandates Reform Act 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, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family
Policymaking Assessment for any rule that may affect family well-being.
This final 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, ``Governmental Actions and
Interference With Constitutionally Protected Property Rights''
The Department has determined, under Executive Order 12630,
``Governmental Actions and Interference with Constitutionally Protected
Property Rights,'' 53 FR 8859 (March 18, 1988), that this rule would
not result in any takings which might require compensation under the
Fifth Amendment to the United States Constitution.
J. Review Under the 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. OMB's guidelines were published at 67 FR 8452 (February 22, 2002),
and DOE's guidelines were published at 67 FR 62446 (October 7, 2002).
This final rule has been reviewed by DOE under the OMB and DOE
guidelines and it has been concluded that it is consistent with
applicable policies in those guidelines.
K. Review Under Executive Order 13211, ``Actions Concerning Regulations
That Significantly Affect Energy Supply, Distribution, or Use''
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 the
Office of Information and Regulatory Affairs (OIRA), Office of
Management and Budget, a Statement of Energy Effects for any proposed
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 proposed
significant energy action,
[[Page 57887]]
the agency must give a detailed statement of any adverse effects on
energy supply, distribution, or use should the proposal be implemented,
and of reasonable alternatives to the action and their expected
benefits on energy supply, distribution, and use. This final rule would
not have a significant adverse effect on the supply, distribution, or
use of energy and, therefore, is not a significant energy action.
Accordingly, DOE has not prepared a Statement of Energy Effects.
L. Congressional Notification
As required by 5 U.S.C. 801, DOE will report to Congress on the
promulgation of this rule prior to 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. 804(2).
IV. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this final
rule.
List of Subjects in 10 CFR Part 420
Energy conservation, Grant programs--energy, Technical assistance.
Issued in Washington, DC, on September 21, 2006.
Alexander A. Karsner,
Assistant Secretary, Energy Efficiency and Renewable Energy.
0
For the reasons set forth in the preamble, the Department of Energy
amends chapter II of title 10 of the Code of Federal Regulations as set
forth below:
PART 420--STATE ENERGY PROGRAM
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1. The authority citation for part 420 continues to read as follows:
Authority: Title III, part D, as amended, of the Energy Policy
and Conservation Act (42 U.S.C. 6321 et seq.); Department of Energy
Organization Act (42 U.S.C. 7101 et seq.)
0
2. Section 420.13 of subpart B is amended by:
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a. Revising paragraph (b)(3); and
0
b. Adding a new paragraph (d).
The revision and addition read as follows:
Sec. 420.13 Annual State applications and amendments to State plans.
* * * * *
(b) * * *
(3) With respect to financial assistance under this subpart, a
goal, consisting of an improvement of 25 percent or more in the
efficiency of use of energy in the State concerned in the calendar year
2012, as compared to the calendar year 1990, and may contain interim
goals;
* * * * *
(d) The Secretary, or a designee, shall, at least once every three
years from the submission date of each State plan, invite the Governor
of the State to review and, if necessary, revise the energy
conservation plan of such State. Such reviews should consider the
energy conservation plans of other States within the region, and
identify opportunities and actions that may be carried out in pursuit
of common energy conservation goals.
[FR Doc. E6-16169 Filed 9-29-06; 8:45 am]
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