Federal Register/Vol. 66, No. 99/Tuesday, May 22, 2001/Presidential Documents 

## Presidential Documents

Executive Order 13211 of May 18, 2001 

### Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use

By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to appropriately weigh and consider the effects of the Federal Government's regulations on the supply, distribution, and use of energy, it is hereby ordered as follows: Section 1. Policy.The Federal Government can significantly affect the supply, distribution, and use of energy. Yet there is often too little information regarding the effects that governmental regulatory action can have on energy. In order to provide more useful energy-related information and hence improve the quality of agency decisionmaking, I am requiring that agencies shall prepare a Statement of Energy Effects when undertaking certain agency actions. As described more fully below, such Statements of Energy Effects shall describe the effects of certain regulatory actions on energy supply, distribution, oruse. Sec. 2. Preparationof a Statement of Energy Effects. (a) To the extent permitted by law, agencies shall prepare and submit a Statement ofEnergy Effects to the Administrator of the Office of Information and Regulatory Affairs, Office of Management and Budget, for those matters identified as significant energy actions.

(b) A Statement of Energy Effects shall consist of a detailed statement bythe agencyresponsible forthe significant energy action relatingto: (i) any adverse effects on energy supply, distribution, or use (including
a shortfall in supply,price increases, and increased use offoreign supplies) should theproposal beimplemented, and (ii) reasonable alternatives to the action with adverse energy effects and the expected effects of such alternatives on energy supply, distribution, anduse. (c) The Administrator of the Office of Information and Regulatory Affairs shall provide guidance to the agencies on the implementation of this order and shall consult with other agencies as appropriate in the implementation ofthis order. Sec. 3. SubmissionandPublicationofStatements. (a) Agencies shall submit their Statements of Energy Effects to the Administrator of the Office of Information and Regulatory Affairs, Office ofManagement and Budget, whenever they present the related submission under Executive Order 12866 of September 30, 1993, or anysuccessor order. (b)Agencies shall publish their Statements ofEnergy Effects, or a summary thereof, in each related Notice of Proposed Rulemaking and in any resulting Final Rule. Sec.4.Definitions.For purposes ofthis order: (a) "Regulation" and "rule" havethe same meaning asthey doin Executive Order 12866 or anysuccessor order. (b) "Significant energy action" means any action by an agency (normally published in the Federal Register) that promulgates or is expected to lead to thepromulgation ofa final rule orregulation, including notices ofinquiry, advance notices ofproposedrulemaking, andnotices ofproposed rulemaking: (1)(i) that is a significant regulatory action under Executive Order 12866
or anysuccessor order, and 28355

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(ii)is likelyto have a significant adverse effect on the supply,distribution,
oruseofenergy; or (2) that is designated by the Administrator of the Office of Information andRegulatory Affairs as a significant energy action. (c) "Agency" means any authority ofthe United States that is an "agency" under 44 U.S.C. 3502(1), other than those considered to be independent regulatory agencies, as definedin44U.S.C. 3502(5). Sec. 5. JudicialReview. Nothing in this order shall affect any otherwise available judicial review of agency action. This order is intended only to improve the internal management of the Federal Government and does not create any right or benefit, substantive or procedural, enforceable at law
orequitybyaparty against theUnited States, its agencies orinstrumentalities, its officers oremployees, or anyother person.

THE WHITE HOUSE, May 18, 2001.

[FR Doe. 01-13116 Filed 5-21-01; 10:19 am] Billing code 3195-01-P 28356

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