Federal Register, Volume 75, Number 226, November 24, 2010, Pages 71519-72652 Page: 71,589
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Federal Register/Vol. 75, No. 226/Wednesday, November 24, 2010/Proposed Rules
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 sections 3(a) and 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, the proposed
rule meets the relevant standards of
Executive Order 12988.
I. Treasury and General Government
Appropriations Act, 2001
Section 515 of the Treasury and
General Government Appropriations
Act, 2001 (Pub. L. 106-554; 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 (Feb. 22, 2002), and
DOE's guidelines were published at 67
FR 62446 (Oct. 7, 2002). DOE has
reviewed today's proposed rule under
the OMB and DOE guidelines and has
concluded that it is consistent with
applicable policies in those guidelines.
J. 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
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,
the agency must give a detailed
statement of any adverse effects on
energy supply, distribution, or useshould the proposal be implemented,
and of reasonable alternatives to the
action and their expected benefits on
energy supply, distribution, and use.
Today's regulatory action to amend the
test procedure for measuring the energy
efficiency of fluorescent lamp ballasts 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.
K. Executive Order 12630
Pursuant to Executive Order 12630,
"Governmental Actions and Interference
with Constitutionally Protected Property
Rights," 53 FR 8859 (March 15, 1988),
DOE has determined that this rule
would not result in any takings that
might require compensation under the
Fifth Amendment to the United States
Constitution.
L. 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
32(c) requires DOE to consult with the
Attorney General and the Chairman of
the Federal Trade Commission (FTC)
concerning the impact of the
commercial or industry standards on
competition. The proposed rule
incorporates testing methods contained
in the following commercial standards:
ANSI C82.2-2002, Method of
Measurement of Fluorescent Lamp
Ballasts. While today's proposed test
procedure is not exclusively based on
ANSI C82.2-2002, one component of
the test procedure, namely measurement
of ballast factor, adopts a measurement
technique from ANSI C82.2-2002
without amendment. The Department
has evaluated these standards and is
unable to conclude whether they fully
comply with the requirements of section
32(b) of the FEAA, (i.e., that they were
developed in a manner that fully
provides for public participation,
comment, and review). DOE willconsult with the Attorney General and
the Chairman of the FTC concerning the
impact of these test procedures on
competition, prior to prescribing a final
rule.
V. Public Participation
A. Submission of Comments
DOE will accept comments, data, and
information regarding the proposed rule
no later than the date provided at the
beginning of this notice. Comments,
data, and information submitted to
DOE's e-mail address for this
rulemaking should be provided in
WordPerfect, Microsoft Word, PDF, or
text (ASCII) file format. Interested
parties should avoid the use of special
characters or any form of encryption,
and wherever possible, comments
should include the electronic signature
of the author. Comments, data, and
information submitted to DOE via mail
or hand delivery/courier should include
one signed paper original. No
telefacsimiles (faxes) will be accepted.
According to 10 CFR 1004.11, any
person submitting information that he
or she believes to be confidential and
exempt by law from public disclosure
should submit two copies: one copy of
the document including all the
information believed to be confidential,
and one copy of the document with the
information believed to be confidential
deleted. DOE will make its own
determination as to the confidential
status of the information and treat it
according to its determination.
Factors of interest to DOE when
evaluating requests to treat submitted
information as confidential include: (1)
A description of the items; (2) whether
and why such items are customarily
treated as confidential within the
industry; (3) whether the information is
generally known by or available from
other sources; (4) whether the
information has previously been made
available to others without obligation
concerning its confidentiality; (5) an
explanation of the competitive injury to
the submitting person which would
result from public disclosure; (6) a date
upon which such information might
lose its confidential nature due to the
passage of time; and (7) why disclosure
of the information would be contrary to
the public interest.
B. Issues on Which DOE Seeks Comment
DOE welcomes comments on all
aspects of this rulemaking. See section
I for further detail. In addition, DOE is
particularly interested in receiving
comments and views of interestedparties concerning the following issues:
71589
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United States. Office of the Federal Register. Federal Register, Volume 75, Number 226, November 24, 2010, Pages 71519-72652, periodical, November 24, 2010; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc52807/m1/79/?rotate=270: accessed April 19, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.