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, or use.

Sec. 2. Preparation of a Statement of Energy Effects. (a) To the extent

permitted by law, agencies shall prepare and submit a Statement of Energy

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

by the agency responsible for the significant energy action relating to:

(i) any adverse effects on energy supply, distribution, or use (including

a shortfall in supply, price increases, and increased use of foreign supplies)

should the proposal be implemented, and

(ii) reasonable alternatives to the action with adverse energy effects and

the expected effects of such alternatives on energy supply, distribution,

and use.

(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

of this order.

Sec. 3. Submission and Publication of Statements. (a) Agencies shall submit

their Statements of Energy Effects to the Administrator of the Office of

Information and Regulatory Affairs, Office of Management and Budget, whenever they present the related submission under Executive Order 12866 of

September 30, 1993, or any successor order.

(b) Agencies shall publish their Statements of Energy Effects, or a summary

thereof, in each related Notice of Proposed Rulemaking and in any resulting

Final Rule.

Sec. 4. Definitions. For purposes of this order:

(a) "Regulation" and "rule" have the same meaning as they do in Executive

Order 12866 or any successor 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 the promulgation of a final rule or regulation, including notices of inquiry,

advance notices of proposed rulemaking, and notices of proposed rulemaking:

(1)(i) that is a significant regulatory action under Executive Order 12866

or any successor order, and

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(ii) is likely to have a significant adverse effect on the supply, distribution,

or use of energy; or

(2) that is designated by the Administrator of the Office of Information

and Regulatory Affairs as a significant energy action.

(c) "Agency" means any authority of the United States that is an "agency"

under 44 U.S.C. 3502(1), other than those considered to be independent

regulatory agencies, as defined in 44 U.S.C. 3502(5).

Sec. 5. Judicial Review. 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

or equity by a party against the United States, its agencies or instrumentalities,

its officers or employees, or any other person.

THE WHITE HOUSE,

May 18, 2001.

[FR Doe. 01-13116

Filed 5-21-01; 10:19 am]

Billing code 3195-01-P

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