[Federal Register Volume 65, Number 84 (Monday, May 1, 2000)]
[Rules and Regulations]
[Pages 25265-25266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-10753]


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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

10 CFR Part 420

[Docket No. EE-RM-96-402]
RIN 1904-AB01


State Energy Program

AGENCY: Office of Energy Efficiency and Renewable Energy, DOE.

ACTION: Final rule.

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SUMMARY: Today the Department of Energy (DOE or Department) adopts an 
interim final rule published on August 24, 1999 revising the 
regulations for its State Energy Program. Because there were no 
comments received in response to the program's interim final rule, that 
rule is being adopted as a final rule without change.

EFFECTIVE DATE: May 31, 2000.

FOR FURTHER INFORMATION CONTACT: Thomas P. Stapp, Office of Building 
Technology, State and Community Programs, Department of Energy, Mail 
Stop 5E-080, EE-42, Forrestal Building, 1000 Independence Avenue, SW, 
Washington, DC 20585, (202) 586-2096.

SUPPLEMENTARY INFORMATION:

I. Introduction and Description of the Program
II. Review Under Executive Order 12866
III. Review Under Executive Order 12988
IV. Review Under Executive Order 13132
V. Review Under the Paperwork Reduction Act
VI. Review Under the National Environmental Policy Act
VII. Review Under the Small Business Regulatory Enforcement Fairness 
Act of 1996
VIII. Review Under the Unfunded Mandates Reform Act of 1995
IX. Review Under the Regulatory Flexibility Act
X. The Catalog of Federal Domestic Assistance

I. Introduction and Description of the Program

    On August 24, 1999, the Department published in the Federal 
Register an interim final rule (64 FR 46111) revising the regulations 
for its State Energy Program (SEP or program). This rule provides for 
the possibility of certain activities being funded under the Special 
Projects part of the program that are not permitted under the formula 
grant part of the program. The rule also provides for the specification 
of any Special Projects funding limitations by the sector specific 
program offices providing the Special Projects funding, and clarifies 
the applicability of Subpart B to the formula grant part of the program 
and of Subpart C to the Special Projects part of the program.
    The program provides formula grants to States for a wide variety of 
energy efficiency and renewable energy initiatives, and, in years when 
funding is available, may also offer financial assistance for a number 
of State-oriented competitively awarded Special Projects activities 
with funding contributed by the Office of Energy Efficiency and 
Renewable Energy's End-Use Sector Programs. Special Projects have been 
funded in every fiscal year since SEP was established in 1996. DOE 
expects the Special Projects part of SEP to continue in future years.
    Among the goals of the SEP Special Projects activities are to 
assist States to: accelerate deployment of energy efficiency and 
renewable energy technologies; facilitate the acceptance of emerging 
and under utilized energy efficiency and renewable energy technologies; 
and increase the responsiveness of Federally funded technology 
development efforts to private sector needs.
    The interim final rule published on August 24, 1999 announced a 30-
day public comment period that closed on September 23, 1999. We 
received no comments regarding the changes made under 10 CFR part 420, 
and those changes are made final. Therefore, this rule is adopted as it 
was published in the program's interim rule on August 24, 1999 (64 FR 
46111).

II. Review Under Executive Order 12866

    Today's regulatory action has been determined not to be a 
significant regulatory action under Executive Order 12866, ``Regulatory 
Planning and Review,'' 58 FR 51735 (October 4, 1993). Accordingly, this 
action was not subject to review under the Executive Order by the 
Office of Information and Regulatory Affairs (OIRA).

[[Page 25266]]

III. Review Under Executive Order 12988

    Section 3 of Executive Order 12988, 61 FR 4729 (February 7, 1996), 
instructs each agency to adhere to certain requirements in promulgating 
new regulations. These requirements, set forth in Section 3(a) and (b), 
include eliminating drafting errors and needless ambiguity, drafting 
the regulations to minimize litigation, providing clear and certain 
legal standards for affected legal conduct, and promoting 
simplification and burden reduction. Agencies are also instructed to 
make every reasonable effort to ensure that the regulation describes 
any administrative proceeding to be available prior to judicial review 
and any provisions for the exhaustion of administrative remedies. The 
Department has determined that today's regulatory action meets the 
requirements of Section 3(a) and (b) of Executive Order 12988.

IV. Review Under Executive Order 13132

    Executive Order 13132 (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. Agencies are required to examine the constitutional and 
statutory authority supporting any action that would limit the 
policymaking discretion of the States and carefully assess the 
necessity for such actions. DOE has examined today's rule and has 
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.

V. Review Under the Paperwork Reduction Act

    No new information collection or record keeping requirements are 
imposed on the public by today's rules.

VI. Review Under the National Environmental Policy Act

    A programmatic environmental assessment has been prepared covering 
the grant program under the final rule published today which was sent 
to the States for comment on March 27, 1996. No comments were received 
by the end of the 14-day comment period. This programmatic 
environmental assessment resulted in a finding of no significant impact 
(FONSI). A FONSI was issued on June 7, 1996. The documents relating to 
this programmatic environmental assessment are available in the DOE 
Freedom of Information Reading Room, United States Department of 
Energy, Room 1E-190, Forrestal Building, 1000 Independence Avenue, SW, 
Washington, DC 20585, (202) 586-3142.

VII. Review Under the Small Business Regulatory Enforcement 
Fairness Act of 1996

    The final rule published today is subject to the Congressional 
notification requirements of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Act), 5 U.S.C. 801. DOE will report to Congress 
on the promulgation of the final rule prior to the effective date set 
forth at the beginning of this notice.

VIII. Review Under the Unfunded Mandates Reform Act 1995

    The Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) places a 
variety of review and consultative obligations on Federal agencies 
proposing regulatory actions for Federal intergovernmental mandates. 
Today's rule does not involve such a mandate because the Unfunded 
Mandates Reform Act excludes from the definition of ``Federal 
intergovernmental mandate'' provisions in a regulation that would 
impose conditions incident to a financial assistance program (not 
involving an entitlement) or a duty arising from participation in a 
voluntary Federal program 2 U.S.C. 658(5). This program is a standard 
non-entitlement financial assistance program and States are not 
obligated to participate in it.

IX. Review Under the Regulatory Flexibility Act

    The regulatory flexibility analysis requirements in the Regulatory 
Flexibility Act, 5 U.S.C 601 et seq., do not apply to this final rule 
because a general notice of proposed rulemaking was not required by 
law.

X. The Catalog of Federal Domestic Assistance

    The Catalog of Federal Domestic Assistance number for the State 
Energy Program is 81.041. The Catalog of Federal Domestic Assistance 
number for the State Energy Program Special Projects is 81.119.

List of Subjects in 10 CFR Part 420

    Energy conservation, Grant programs--energy, Incorporation by 
reference, Reporting and record keeping requirements, Technical 
assistance.

    Issued in Washington, DC, on April 25, 2000.
Dan W. Reicher,
Assistant Secretary, Energy Efficiency and Renewable Energy.

    Accordingly, the interim rule amending 10 CFR part 420 which was 
published at 64 FR 46111 on August 24, 1999 is adopted as a final rule 
without change.

[FR Doc. 00-10753 Filed 4-28-00; 8:45 am]
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