[Federal Register Volume 72, Number 20 (Wednesday, January 31, 2007)]
[Rules and Regulations]
[Pages 4411-4414]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-1436]



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 Rules and Regulations
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  Federal Register / Vol. 72, No. 20 / Wednesday, January 31, 2007 / 
Rules and Regulations  

[[Page 4411]]



DEPARTMENT OF ENERGY

10 CFR Part 300

RIN 1901-AB23


Corrections and Updates to Technical Guidelines for Voluntary 
Greenhouse Gas Reporting

AGENCY: Office of Policy and International Affairs, Department of 
Energy.

ACTION: Interim final rule and request for comment.

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SUMMARY: The Department of Energy (DOE) today publishes an interim 
final rule that corrects, updates, and makes clarifying changes to 
Technical Guidelines used for reporting under the Voluntary Reporting 
of Greenhouse Gases Program authorized by section 1605(b) of the Energy 
Policy Act of 1992. The Technical Guidelines were incorporated by 
reference in final program guidelines that were published on April 21, 
2006, and placed in the Code of Federal Regulations (CFR). In 
accordance with the rules governing incorporation by reference in the 
CFR, DOE is amending its program regulations to reflect the update of 
the Technical Guidelines.

DATES: Effective Date: This interim final rule is effective March 2, 
2007, unless comments received warrant or necessitate a later effective 
date. The incorporation by reference of the updated Technical 
Guidelines is approved by the Director of the Federal Register as of 
March 2, 2007.
    Comment Date: Written comments must be received by February 20, 
2007. Comments may be mailed to the address given in the ADDRESSES 
section below. Comments also may be submitted electronically by e-
mailing them to: [email protected]. We note that e-
mail submissions will avoid delay currently associated with security 
screening of U.S. Postal Service mail.

ADDRESSES: You may submit written comments, identified by RIN 1901-
AB23, by any of the following methods:
    1. E-mail to [email protected]. Include RIN 1901-
AB23 and ``Interim Final Rule Comments'' in the subject line of the e-
mail. Please include the full body of your comments in the text of the 
message or an attachment.
    2. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the instructions for submitting comments.
    3. Mail: Address the comments to Mark Friedrichs, PI-40, Office of 
Policy and International Affairs, U.S. Department of Energy, Forrestal 
Building, 1000 Independence Avenue, SW., Washington, DC 20585. DOE 
requires, in hard copy, a signed original and three copies of all 
comments. Due to potential delays in the DOE's receipt and processing 
of mail sent through the U.S. Postal Service, we encourage commenters 
to submit comments electronically to ensure timely receipt.

FOR FURTHER INFORMATION CONTACT: Mark Friedrichs, PI-40, Office of 
Policy and International Affairs, U.S. Department of Energy, 1000 
Independence Avenue, SW., Washington, DC 20585, or e-mail: 
[email protected]. Phone: (202) 586-0124.

SUPPLEMENTARY INFORMATION: 

I. Background and Discussion of Interim Final Rule
II. Regulatory Review
III. Approval of the Office of Secretary

I. Background and Discussion of Interim Final Rule

    Section 1605(b) of the Energy Policy Act of 1992 directed DOE to 
issue guidelines establishing a voluntary greenhouse gas reporting 
program (42 U.S.C. 13385(b)). On February 14, 2002, the President 
directed DOE, together with other involved Federal agencies, to 
recommend reforms to enhance the Voluntary Reporting of Greenhouse 
Gases Program established by DOE in 1994. On April 21, 2006, following 
a lengthy public review process, DOE published revised final General 
Guidelines for Voluntary Greenhouse Gas Reporting (71 FR 20784). Those 
guidelines incorporated by reference detailed Technical Guidelines, 
dated March 2006, that are needed to fully implement the revised 
Voluntary Reporting of Greenhouse Gases Program.
    Subsequent to the April 21, 2006 publication of the revised final 
General Guidelines and during preparation of new forms and instructions 
for reporting, DOE identified a number of errors and inconsistencies in 
the Technical Guidelines that warrant correction or clarification. To 
ensure that any revision of the March 2006 Technical Guidelines 
addressed as many of these problems as possible, on August 3, 2006, DOE 
sent a message by electronic mail to all persons who had previously 
expressed an interest in the guidelines and requested that they 
identify any needed technical corrections, clarifications, 
interpretations or other changes to the guidelines. Subsequently, DOE 
received communications that recommended additional corrections and 
other changes for consideration.
    Following a careful review of the recommended corrections and other 
suggested changes, DOE made those modifications to the Technical 
Guidelines that it believed were necessary to correct all the 
identified errors and inconsistencies or other ambiguities, while 
adhering to the essential language and intent of the March 2006 version 
of the Technical Guidelines. The updated version of the Technical 
Guidelines is dated January 2007.
    The regulations of the Administrative Committee of the Federal 
Register provide that an agency that seeks to change a document 
approved for incorporation by reference in a regulation must: (1) 
Publish notice of the change in the Federal Register and amend the Code 
of Federal Regulations; (2) ensure that a copy of the amendment or 
revision is on file at the Office of the Federal Register; and (3) 
notify the Director of the Federal Register in writing that the changes 
are being made. 1 CFR 51.11(a). Accordingly, DOE sent the January 2007 
update of the Technical Guidelines to the Director of the Federal 
Register and obtained his approval of the incorporation by reference of 
the January 2007 Technical Guidelines in the regulations for the 
section 1605(b) program that are published in the Federal Register and 
the Code of Federal Regulations. By today's interim final rule, DOE 
changes the date of the Technical Guidelines

[[Page 4412]]

from March 2006 to January 2007 in 10 CFR 300.13.
    DOE believes that all of the modifications in the January 2007 
version of the Technical Guidelines are fully consistent with the 
section 1605(b) program's General Guidelines and DOE's original intent 
regarding the methods and other guidance provided in the Technical 
Guidelines. Before these changes are made final, however, DOE is 
providing an opportunity for public review and comment on the specific 
changes that DOE has made. DOE is specifically soliciting public 
comment on whether any of the changes DOE has made are inconsistent 
with the General Guidelines. The revised January 2007 Technical 
Guidelines are available on the web at: http://www.pi.energy.gov/enhancingGHGregistry/. DOE is making two versions of the updated 
Technical Guidelines available on the Web site. One version shows all 
of the changes made since the March 2006 Technical Guidelines were 
issued, with the new text underscored and the deleted text marked as 
deleted. The second version includes all the changes, but does not 
highlight them.
    The changes and clarifications included in the updated Technical 
Guidelines fall into the following categories:
    Corrections of factual and drafting errors. The updated Technical 
Guidelines correct a number of clerical or typographical errors that 
appeared in the March 2006 Technical Guidelines. The errors include 
inaccurate physical values, repeated text, misplaced definitions, and 
incorrect citations or Web site links.
    Elimination of inconsistencies. There were instances where language 
in the March 2006 Technical Guidelines was not entirely consistent with 
the General Guidelines or with language in other parts of the Technical 
Guidelines. DOE has revised the Technical Guidelines to eliminate this 
inconsistency. In cases where the Technical Guidelines were internally 
inconsistent, DOE endeavored to remove this inconsistency by retaining 
the language it determined was most consistent with DOE's original 
intent, as explained in the preambles to the interim final General 
Guidelines published on March 24, 2005 (70 FR 15171-81) and the final 
General Guidelines published on April 21, 2006 (71 FR 20785-803).
    Updated references. In some cases, the March 2006 Technical 
Guidelines do not refer to the most current versions of documents 
referenced in the guidelines, even though some of those documents were 
in the public domain before the issuance of the final guidelines. The 
updated Technical Guidelines include a number of updates to referenced 
documents. During the development of the updated Technical Guidelines, 
consideration was given to referencing the 2006 emission inventory 
guidelines of the Intergovernmental Panel on Climate Change (IPCC). 
While these guidelines are generally viewed as the best available 
inventory guidelines, they have yet to be officially adopted by the UN 
Framework Convention on Climate Change. Since DOE's Energy Information 
Administration has authority under the Technical Guidelines to update 
the factors and methodologies based on the IPCC guidelines as soon as 
it is appropriate to do so, no change to the Technical Guidelines is 
necessary at this time.
    Clarifications of intent. In some instances the language used in 
the March 2006 Technical Guidelines was confusing or vague. In the 
updated version, DOE added clarifying words or text where a 
modification was likely to significantly enhance reader comprehension.
    Modification or elimination of inappropriate calculation methods. 
In a few cases, commenters or DOE identified certain calculation 
methods as inappropriate for the purposes stated in the Technical 
Guidelines. For example, DOE eliminated the action-specific method for 
calculating the reductions associated with the recovery of methane from 
anaerobic digesters of animal waste because DOE concluded that this 
method is not needed to calculate reductions associated with these 
sources of emissions and is inconsistent with other guidance in both 
the General Guidelines and other parts of the Technical Guidelines. In 
other cases, formulas or factors were modified to ensure the 
applicability of the methods to the sources identified.
    DOE did not adopt in the January 2007 Technical Guidelines some 
clarifications or other changes recommended by stakeholders. In some 
cases, the stakeholders sought modifications that would be inconsistent 
with the General Guidelines or outside the scope of the guidelines 
under section 1605(b). DOE may consider additional changes to the 
Technical Guidelines when it conducts the periodic reviews provided for 
in 10 CFR 300.1(f).

II. Regulatory Review

A. Review Under Executive Order 12866

    Today's regulatory action has been determined to not be a 
``significant regulatory action'' under Executive Order 12866, 
``Regulatory Planning and Review,'' 58 FR 51735 (October 4, 1993), as 
amended by Executive Order 13258, 67 FR 9385 (February 26, 2002). 
Accordingly, this action was not subject to review under that Executive 
Order by the Office of Information and Regulatory Affairs of the Office 
of Management and Budget (OMB).

B. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.) 
requires that an agency prepare an initial regulatory flexibility 
analysis for any regulation when a general notice of proposed 
rulemaking is required, unless the agency certifies that the rule, if 
promulgated, will not have a significant economic impact on a 
substantial number of small entities (5 U.S.C. 605(b)). This rule makes 
corrections, updates and clarifying changes to Technical Guidelines for 
the Voluntary Reporting of Greenhouse Gases Program incorporated by 
reference in General Guidelines published on April 21, 2006. These 
changes do not affect the burden on the entities that report emissions 
under the section 1605(b) program. Moreover, as stated in the April 
2006 notice of final guidelines, the reporting program is voluntary and 
DOE anticipates that small entities will weigh the benefits and costs 
when deciding to participate. On the basis of the foregoing, DOE 
certifies that these amendments to the Technical Guidelines will not 
have a significant economic impact on a substantial number of small 
entities. Accordingly, DOE has not prepared a regulatory flexibility 
analysis for this rulemaking. DOE will provide this certification and 
supporting statement of factual basis to the Chief Counsel for Advocacy 
of the Small Business Administration pursuant to 5 U.S.C. 605(b).

C. Review Under the Paperwork Reduction Act

    The Energy Information Administration (EIA) on November 9, 2006 (71 
FR 65786) submitted the new forms and associated instructions for 
reporting under the April 2006 revised guidelines to OMB for review and 
approval in accordance with the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.). The changes to the Technical Guidelines made by 
today's interim final rule do not include any additional information 
collection requirements.

D. Review Under the National Environmental Policy Act

    DOE has concluded that promulgation of this rule falls into the 
class of actions

[[Page 4413]]

that does not individually or cumulatively have a significant impact on 
the human environment as set forth in DOE's regulations implementing 
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 
Specifically, the interim final rule is covered under the categorical 
exclusion in paragraph A5 of Appendix A to subpart D, 10 CFR 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 the Unfunded Mandates Reform Act of 1969

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written assessment of the 
effects of any Federal mandate in a proposed or final agency regulation 
that may result in the expenditure by states, tribal, or local 
governments, on the aggregate, or by the private sector, of $100 
million in any one year. The Act also requires a Federal agency to 
develop an effective process to permit timely input by elected 
officials of state, tribal, or local governments on a proposed 
``significant intergovernmental mandate,'' and requires an agency plan 
for giving notice and opportunity to provide timely input to 
potentially affected small governments before establishing any 
requirements that might significantly or uniquely affect small 
governments. DOE has determined that the rule published today does not 
contain any Federal mandates affecting states, tribal, or local 
governments, so these requirements do not apply.

F. Review Under Executive Order 12988

    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 4779 (February 7, 1996) imposes on 
Federal agencies the general duty to adhere to the following 
requirements: Eliminate drafting errors and needless ambiguity, write 
regulations to minimize litigation, provide a clear legal standard for 
affected conduct rather than a general standard, and promote 
simplification and burden reduction. Section 3(b) requires Federal 
agencies to make every reasonable effort to ensure that a regulation, 
among other things: Clearly specifies the preemptive effect, if any, 
adequately defines key terms, and addresses other important issues 
affecting the clarity and general draftsmanship under 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 interim final rule meets the relevant standards 
of Executive Order 12988.

G. Review Under Executive Order 13132

    Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 10, 
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 this interim final 
rule and has determined that it would not preempt State law and would 
not have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibility among the various levels of government. No 
further action is required by the Executive Order.

H. Review Under the Treasury and General Government Appropriations Act, 
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 rule has no 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 13211

    Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy, Supply, Distribution, or Use,'' 66 FR 
28355 (May 22, 2001) requires preparation and submission to OMB of a 
Statement of Energy Effects for significant regulatory actions under 
Executive Order 12866 that are likely to have a significant adverse 
effect on the supply, distribution, or use of energy. DOE has 
determined that the rule published today is not a significant 
regulatory action and will not have a significant adverse effect on the 
supply, distribution, or use of energy and, thus, the requirement to 
prepare a Statement of Energy Effects does not apply.

J. Review Under the Treasury and General Government Appropriations Act, 
2001

    The Treasury and General Government Appropriations Act, 2001 (44 
U.S.C. 3516 note) provides for agencies to review most dissemination 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). DOE has reviewed today's 
interim final rule under the OMB and DOE guidelines, and concluded that 
it is consistent with applicable policies in those guidelines.

K. Congressional Notification

    As required by 5 U.S.C. 801, DOE will submit to Congress a report 
regarding the issuance of today's interim final rule prior to the 
effective date set forth at the outset of this rulemaking. The report 
will state that it has been determined that the rule is not a ``major 
rule'' as defined by 5 U.S.C. 801(2).

III. Approval of the Office of the Secretary

    The Secretary of Energy has approved the publication of this 
interim final rule.

List of Subjects in 10 CFR Part 300

    Administrative practice and procedure, Energy, Gases, Incorporation 
by reference, Reporting and recordkeeping requirements.

    Issued in Washington, DC on January 25, 2007.
Karen A. Harbert,
Assistant Secretary for Policy and International Affairs.

0
For the reasons set forth in the preamble, the Department of Energy 
amends part 300 of title 10, chapter II, subchapter B of the Code of 
Federal Regulations as set forth below.

PART 300--VOLUNTARY GREENHOUSE GAS REPORTING PROGRAM: GENERAL 
GUIDELINES

0
1. The authority citation for part 300 continues to read as follows:

    Authority: 42 U.S.C. 7101 et seq., and 42 U.S.C. 13385(b).


0
2. The first sentence of Sec.  300.13 is revised to read as follows:


Sec.  300.13  Incorporation by reference.

    The Technical Guidelines for the Voluntary Reporting of Greenhouse

[[Page 4414]]

Gases (1605(b)) Program (January 2007), referred to throughout this 
part as the ``Technical Guidelines,'' have been approved for 
incorporation by reference by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. * * *

 [FR Doc. E7-1436 Filed 1-30-07; 8:45 am]
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