[Federal Register Volume 66, Number 99 (Tuesday, May 22, 2001)]
[Presidential Documents]
[Pages 28355-28356]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-13116]




                        Presidential Documents 



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

[[Page 28355]]


                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

[[Page 28356]]

(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.

                    (Presidential Sig.)B

                THE WHITE HOUSE,

                     May 18, 2001.

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