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Federal Register / Vol. 88, No. 193 / Friday, October 6, 2023 / Proposed Rules I. Review Under Executive Order 12630

determination 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, 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 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 energy.gov/sites/prod/files/
gcprod/documents/umra_97.pdf.
DOE examined this proposed determination according to UMRA and its statement of policy and determined that the proposed determination does not contain a Federal intergovernmental mandate, nor is it expected to require expenditures of $100 million or more in any one year by State, local, and Tribal governments, in the aggregate, or by the private sector. As a result, the analytical requirements of UMRA do not apply.

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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 determination 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.

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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 proposed determination would not result in any takings that might require compensation under the Fifth Amendment to the U.S.
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 Federal agencies to review most disseminations of information to the public under information quality 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 %20Dec%202019.pdf. DOE has reviewed this NOPD 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
E.O. 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 at 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 promulgates 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 Executive 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 use should the proposal be implemented, and of reasonable alternatives to the
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action and their expected benefits on energy supply, distribution, and use.
This proposed determination, which does not propose to amend energy conservation standards for consumer furnace fans, 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 such by the Administrator at OIRA. Accordingly, DOE has not prepared a Statement of Energy Effects.
L. Review Under the Information Quality Bulletin for Peer Review On December 16, 2004, OMB, in consultation with the Office of Science and Technology Policy OSTP, issued its Final Information Quality Bulletin for Peer Review the Bulletin. 70 FR 2664 Jan. 14, 2005.
The Bulletin establishes that certain scientific information shall be peer reviewed by qualified specialists before it is disseminated by the Federal Government, including influential scientific information related to agency regulatory actions. The purpose of the bulletin is to enhance the quality and credibility of the Governments scientific information. Under the Bulletin, the energy conservation standards rulemaking analyses are influential scientific information, which the Bulletin defines as scientific information the agency reasonably can determine will have, or does have, a clear and substantial impact on important public policies or private sector decisions. Id. at 70 FR 2667.
In response to OMBs Bulletin, DOE
conducted formal peer reviews of the energy conservation standards development process and the analyses that are typically used and has prepared a Peer Review report pertaining to the energy conservation standards rulemaking analyses.76 Generation of this report involved a rigorous, formal, and documented evaluation using objective criteria and qualified and independent reviewers to make a judgment as to the technical/scientific/
business merit, the actual or anticipated results, and the productivity and management effectiveness of programs and/or projects. Because available data, models, and technological understanding have changed since 2007, DOE has engaged with the National Academy of Sciences to review DOEs analytical methodologies to ascertain 76 Energy Conservation Standards Rulemaking Peer Review Report. 2007. Available at energy.gov/
eere/buildings/downloads/energy-conservationstandards-rulemaking-peer-review-report-0 last accessed June 26, 2023.

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