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Executive Order 13211 - Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use


[Federal Register: May 22, 2001 (Volume 66, Number 99)]
[Presidential Documents]
[Page 28355-28356]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22my01-133]

                        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

 
 

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