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[Federal Register: December 29, 2008 (Volume 73, Number 249)]
[Proposed Rules]
[Page 79414-79420]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29de08-22]
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
[[Page 79414]]
DEPARTMENT OF ENERGY
10 CFR Part 440
[Docket No. EEWAP1201]
RIN 1904-AB84
Weatherization Assistance Program for Low-Income Persons
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (DOE) is proposing to expand the
definition of ``State'' under the Weatherization Assistance Program for
Low-Income Persons (Weatherization Assistance Program) and to amend the
financial assistance allocation procedure to reflect the expanded
definition. The Energy Independence and Security Act of 2007 amended
the Weatherization Assistance Program definition of ``State'' to
include the Commonwealth of Puerto Rico and the other territories and
possessions of the United States. Consistent with the statutory
amendment, DOE is proposing to amend the regulatory definition of
``State,'' and to amend the allocation procedure relied on to calculate
the amount of financial assistance received by each State so as to
include American Samoa, Guam, Commonwealth of the Northern Mariana
Islands, Commonwealth of Puerto Rico, and the Virgin Islands.
DATES: Public comments on this proposed rule and the proposed
information collection request will be accepted until February 27,
2009. DOE will hold a public meeting on Tuesday, January 27, 2009, from
9 a.m. to 12 p.m., in Conference Room 5E-081, at 1000 Independence
Avenue, SW., Washington, DC. DOE must receive requests to speak at the
public meeting before 4 p.m., Monday, January 26, 2009. DOE must
receive a signed original and an electronic copy of statements to be
given at the public meeting before 4 p.m., Thursday, January 22, 2009.
ADDRESSES: You may submit comments identified by the RIN number
specified in the heading of this notice of proposed rulemaking (NOPR),
by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: jean.diggs@ee.doe.gov. Include the RIN number in
the subject line of the message.
Postal Mail: Jean Diggs, U.S. Department of Energy,
Weatherization Assistance Program, Mailstop EE-2K, 1000 Independence
Avenue, SW., Washington, DC 20585-0121, Telephone: (202) 586-8506.
Hand Delivery/Courier: Jean Diggs, U.S. Department of
Energy, Weatherization Assistance Program, Room 6070, 1000 Independence
Avenue, SW., Washington, DC 20585-0121.
Instructions: All submissions must include the agency name and
docket number or Regulatory Information Number (RIN) for this
rulemaking.
FOR FURTHER INFORMATION CONTACT: Jean Diggs, U.S. Department of Energy,
Office of Energy Efficiency and Renewable Energy, Weatherization
Assistance Program, EE-2K, Room 6070, 1000 Independence Avenue, SW.,
Washington, DC 20585-0121, (202) 586-8506, e-mail:
jean.diggs@ee.doe.gov, or Chris Calamita, U.S. Department of Energy,
Office of the General Counsel, Forrestal Building, GC-72, 1000
Independence Avenue, SW., Washington, DC 20585, (202) 586-9507, e-mail:
Christopher.Calamita@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
II. Definition of ``State''
III. Allocation of Funds
IV. Effective Date
V. Regulatory Analysis
VI. Congressional Notification
VII. Approval of the Office of the Secretary
I. Introduction
Sections 411-418 of the Energy Conservation and Production Act
established the Weatherization Assistance Program for Low-Income
Persons (Weatherization Program). (42 U.S.C. 6861 et seq.) The
Weatherization Program reduces energy costs for low-income households
by increasing the energy efficiency of their homes, while promoting
their health and safety. The Weatherization Program provides energy-
efficiency services to more than 100,000 homes every year. These
services reduce average annual energy costs by $413 per household.
Under the Weatherization Program, services are prioritized to the
elderly, people with disabilities, and families with children. These
low-income households are often on fixed incomes or rely on income
assistance programs and are most vulnerable to volatile changes in
energy markets. High energy users or households with a high energy
burden may also receive priority.
DOE works in partnership with State- and local-level agencies to
implement the Weatherization Program. DOE's Project Management Center
awards grants to State-level agencies, which then contract with local
agencies. Weatherization programs operate in all 50 States, the
District of Columbia, and among Native American tribes. Approximately
900 local agencies deliver weatherization services to eligible
residents in every county in the nation. Since the inception of the
Program in 1976, over 5.7 million households have received
weatherization services. The Weatherization Program returns $1.65 in
energy-related benefits for every $1 invested.
II. Definition of ``State''
DOE allocates financial assistance for weatherization to States and
Indian tribes. (10 CFR 440.10 and 440.11) Under the current regulatory
definition ``State'' is defined as ``each of the States and the
District of Columbia.'' 10 CFR 440.3 section 411(c) of the Energy
Independence and Security Act of 2007 amended section 412 of the Energy
Conservation and Production Act to include under the definition of
``State,'' the Commonwealth of Puerto Rico, and any other territory or
possession of the United States. (42 U.S.C. 6862(8)) DOE is proposing
to amend the regulatory definition of ``State'' under the
Weatherization Program consistent with the statutory definition. The
proposed definition of ``State'' would include American Samoa, Guam,
Commonwealth of the Northern Mariana Islands, Commonwealth of Puerto
Rico, and the Virgin Islands (hereafter
[[Page 79415]]
collectively referred to as the U.S. territories).
The amended statutory definition of ``State'' includes territories
or possessions of the United States generally, which would indicate
that the territories of Palmyra Atoll and Wake Atoll would also be
included. However, the territories of Palmyra Atoll and Wake Atoll do
not have significant permanent populations to warrant inclusion in the
Weatherization Program. Palmyra Atoll is a national Wildlife Refuge and
access to Wake Atoll is restricted. (See, http://www.doi.gov/oia/
Firstpginfo/islandfactsheet.htm, last visited September 30, 2008.) The
purpose of the Weatherization Program is to provide grants ``for the
purpose of providing financial assistance with regard to projects
designed to provide for the weatherization of dwelling units,
particularly those where elderly or handicapped low-income persons
reside, occupied by low-income families.'' (42 U.S.C.6863(a)) Further
DOE must ``allocate financial assistance to each State on the basis of
the relative need for weatherization assistance among low-income
persons throughout the states.'' (42 U.S.C. 6864) The absence of
permanent populations on Palmyra Atoll and Wake Atoll would make the
inclusion of these Atolls superfluous. As such DOE is not proposing to
include the territories of Palmyra Atoll and Wake Atoll in the
regulatory definition of State for the purpose of the Weatherization
Assistance Program.
III. Allocation of Funds
Each year Congress appropriates funds to implement the
Weatherization Assistance Program. A portion of the appropriated funds
is used for training and technical assistance. The remaining funds,
comprising the majority of the appropriated funds, are distributed to
the States as program funds based on a two-part allocation.
From the total appropriation, DOE reserves funds for national
training and technical assistance (T&TA) activities that benefit all
States. In addition, DOE specifically allocates funding to States for
T&TA activities at both the State and local levels. The total funds for
national, State, and local T&TA cannot exceed 10 percent of the
Congressional appropriation (42 U.S.C. 6865(a)(1)). The remaining funds
comprise the State program allocations.
If the State program allocations in a fiscal year (FY) are at or
above the amount allocated to States in FY 1994 under Public Law 103-
332 (September 30, 1994), (i.e., the funds made available to the
Weatherization Assistance Program minus funds for T&TA, which equaled
$209,724,761) the State program allocations are distributed according
to a two-part allocation procedure. Should total funds for State
program allocation fall below $209,724,761, the allocations to States
are reduced proportionally. See 10 CFR 440.10(c).
The two-part allocation is comprised of a base allocation plus a
formula allocation. See 10 CFR 440.10(b). The base allocation for each
State is fixed, but differs for each State and was derived from each
State's allocation under the appropriations for FY 1993.\1\ The base
allocation was developed to minimize fluctuations in funds received by
States between fiscal years resulting from changes in the total amount
of appropriated funds received for the Weatherization Assistance
Program. The base allocation was established in response to concern
that substantial fluctuation between annual funds could disrupt a
State's program. The current sum of the base allocations for all States
totals $171,858,000. See 10 CFR 440.10(b)(1).
---------------------------------------------------------------------------
\1\ Calculation of each State's share of the funds was based on
a formula different from that in the current regulations. See, 60 FR
4480, 4482; January 23, 1995.
---------------------------------------------------------------------------
Under the two-part allocation, funds in excess of the total base
allocation are allocated among States according to the formula
allocation set forth in 10 CFR 440.10(b)(3). A State's formula
allocation is based on three factors for each State. Factor 1, Low-
Income Population, represents the share of the nation's low-income
households in each State expressed as a percentage of all U.S. low-
income households. Factor 2, Climatic Conditions, is obtained from the
heating and cooling degrees for each State, treating the energy needed
for heating and cooling proportionately. Factor 3, Residential Energy
Expenditures by Low-Income Households in each State, is an
approximation of the financial burden that energy use places on low-
income households. The approximation is necessary because State-
specific data on residential energy expenditures by low-income
households is generally lacking.
The Department is proposing to revise how funds are allocated under
the Weatherization Assistance Program so as to include the U.S.
territories. The Department is proposing revisions based on a method
for determining the base and formula allocation for the U.S.
territories that is consistent with how the current allocation method
for States was developed. As indicated above, the current process was
based on the allocation in FY 1994. A complete discussion of the
development of the current allocation method is provided at 60 FR 4480.
Essentially, the Department is following the development process
used in 1995 to establish the existing allocation method (i.e., basing
the allocation formula on FY 1994 allocation) under the assumption that
at that time the U.S. territories were included in the Weatherization
Assistance Program. DOE recognizes that the data used to calculate a
State's share of the funds under the 1995 rulemaking are not available
for the U.S. territories. Therefore, DOE is proposing to use Hawaii's
information for the U.S. territories. Similar to Hawaii, the U.S.
territories are in hot climates with virtually no heating load, are all
islands, and share a common main fuel type used in low-income
households, electricity.
A. Allocation Threshold
As discussed in the previous paragraphs, the allocation of funding
under the Weatherization Assistance Program is dependent first upon
whether the total funds available for allocation to the States are at
or above the level made available under Public Law 103-322, i.e.,
$209,724,761. In order to make the regulations clearer, the Department
is proposing to replace the references in 10 CFR part 440 to the
``total program allocations under Public Law No. 103-322'' with the
actual dollar value. This proposal would not impact the allocation
process, and is intended solely for the purpose of making the current
regulation easier to read and understand.
B. Amending the Base Allocation
To reflect the addition of the territories of the United States to
the Weatherization Assistance Program, DOE is proposing to revise the
base allocation to include the newly added jurisdictions. DOE is
proposing to recalculate the base allocation using the amount of
funding in the FY 1993 appropriations with the assumption that the U.S.
territories had weatherization programs at that time. As discussed
previously, DOE is proposing to rely on Hawaii's base allocation
($120,000) as the base allocation for the U.S. territories. The
proposed revision would not reduce the base allocation amount for any
State, but instead would increase the total base allocation value so as
to include the U.S. territories.
Under this approach, the revised base allocation in 10 CFR
440.10(b) would be as follows:
[[Page 79416]]
------------------------------------------------------------------------
State Base allocation
------------------------------------------------------------------------
Alabama.............................................. $1,636,000
Alaska............................................... 1,425,000
Arizona.............................................. 760,000
Arkansas............................................. 1,417,000
California........................................... 4,404,000
Colorado............................................. 4,574,000
Connecticut.......................................... 1,887,000
Delaware............................................. 409,000
District of Columbia................................. 487,000
Florida.............................................. 761,000
Georgia.............................................. 1,844,000
Hawaii............................................... 120,000
Idaho................................................ 1,618,000
Illinois............................................. 10,717,000
Indiana.............................................. 5,156,000
Iowa................................................. 4,032,000
Kansas............................................... 1,925,000
Kentucky............................................. 3,615,000
Louisiana............................................ 912,000
Maine................................................ 2,493,000
Maryland............................................. 1,963,000
Massachusetts........................................ 5,111,000
Michigan............................................. 12,346,000
Minnesota............................................ 8,342,000
Mississippi.......................................... 1,094,000
Missouri............................................. 4,615,000
Montana.............................................. 2,123,000
Nebraska............................................. 2,013,000
Nevada............................................... 586,000
New Hampshire........................................ 1,193,000
New Jersey........................................... 3,775,000
New Mexico........................................... 1,519,000
New York............................................. 15,302,000
North Carolina....................................... 2,853,000
North Dakota......................................... 2,105,000
Ohio................................................. 10,665,000
Oklahoma............................................. 1,846,000
Oregon............................................... 2,320,000
Pennsylvania......................................... 11,457,000
Rhode Island......................................... 878,000
South Carolina....................................... 1,130,000
South Dakota......................................... 1,561,000
Tennessee............................................ 3,218,000
Texas................................................ 2,999,000
Utah................................................. 1,692,000
Vermont.............................................. 1,014,000
Virginia............................................. 2,970,000
Washington........................................... 3,775,000
West Virginia........................................ 2,573,000
Wisconsin............................................ 7,061,000
Wyoming.............................................. 67,000
American Samoa....................................... 120,000
Guam................................................. 120,000
Puerto Rico.......................................... 120,000
Northern Mariana Islands............................. 120,000
Virgin Islands....................................... 120,000
------------------
Total............................................ 171,858,000
------------------------------------------------------------------------
DOE requests comment on the appropriateness of this approach. If a
commenter suggests that funds not be allotted to the U.S. territories
under the base allocation, DOE specifically requests reasons for this
position.
C. Formula Allocation
In addition to a base allocation, DOE is proposing to allocate
weatherization funds to the U.S. territories through the formula
allocation. Essentially, the weatherization funds would be based on the
U.S. territories' (1) number of low-income households (10 CFR
440.10(b)(3)(i)), (2) number of ``heating degree'' and ``cooling
degree'' days (10 CFR 440.10(b)(3)(ii) and (iii)), and (3) average
residential household energy expenditures (10 CFR 440.10(b)(3)(v)). DOE
recognizes that data for the third factor of the formula allocation,
i.e., average residential household energy expenditures, are not
available for the U.S. territories. In the absence of this data, DOE is
proposing to again rely on comparable data from a comparable State,
i.e., Hawaii. This approach would not require revisions to the
regulatory text for the formula allocation.
DOE requests comment on the proposed approach taken in applying the
formula allocation to the U.S. territories.
[[Page 79417]]
D. Practical Implications of the Proposed Revisions
To demonstrate the implications of today's proposed rule, the
following table provides the allocation of funding to the States in FY
2008 under the current regulations, and for comparison, provides the
allocation of funding in FY 2008 were today's proposal in effect.
Table 1--Estimated State Allocations Under Proposed Approach
------------------------------------------------------------------------
FY 2008 total
FY 2008 total allocation (under
State allocation ($) proposed approach)
($)
------------------------------------------------------------------------
Alabama......................... 2,396,413 2,369,282
Alaska.......................... 1,672,643 1,667,526
Arizona......................... 1,352,772 1,328,435
Arkansas........................ 2,061,017 2,039,278
California...................... 6,265,676 6,205,804
Colorado........................ 5,454,329 5,431,980
Connecticut..................... 2,495,304 2,479,459
Delaware........................ 572,412 568,910
District of Columbia............ 646,384 643,058
Florida......................... 1,948,403 1,880,791
Georgia......................... 2,914,609 2,875,908
Hawaii.......................... 203,581 201,446
Idaho........................... 1,964,431 1,956,311
Illinois........................ 13,784,473 13,695,484
Indiana......................... 6,520,687 6,481,878
Iowa............................ 4,966,077 4,940,585
Kansas.......................... 2,518,837 2,501,273
Kentucky........................ 4,498,867 4,472,826
Louisiana....................... 1,723,424 1,687,948
Maine........................... 3,053,961 3,040,267
Maryland........................ 2,640,259 2,620,848
Massachusetts................... 6,517,890 6,480,033
Michigan........................ 15,118,849 15,042,578
Minnesota....................... 9,809,089 9,770,586
Mississippi..................... 1,640,948 1,620,925
Missouri........................ 5,975,410 5,934,156
Montana......................... 2,507,786 2,498,874
Nebraska........................ 2,482,462 2,470,109
Nevada.......................... 831,718 825,116
New Hampshire................... 1,501,762 1,494,753
New Jersey...................... 5,078,993 5,041,792
New Mexico...................... 1,900,941 1,890,993
New York........................ 20,075,816 19,939,418
North Carolina.................. 4,139,225 4,096,592
North Dakota.................... 2,485,405 2,476,499
Ohio............................ 13,676,435 13,590,214
Oklahoma........................ 2,579,529 2,554,620
Oregon.......................... 2,808,354 2,796,527
Pennsylvania.................... 14,638,184 14,547,920
Rhode Island.................... 1,150,982 1,144,728
South Carolina.................. 1,767,384 1,744,810
South Dakota.................... 1,907,964 1,899,574
Tennessee....................... 4,162,066 4,132,707
Texas........................... 5,549,413 5,435,085
Utah............................ 2,067,579 2,058,365
Vermont......................... 1,272,118 1,266,503
Virginia........................ 3,997,991 3,967,181
Washington...................... 4,519,063 4,500,475
West Virginia................... 3,196,901 3,180,129
Wisconsin....................... 8,528,669 8,489,599
Wyoming......................... 1,169,217 1,165,147
American Samoa.................. 0 182,775
Guam............................ 0 188,072
Puerto Rico..................... 0 820,775
Northern Mariana Islands........ 0 183,777
Virgin Islands.................. 0 191,998
Headquarters T&TA............... 4,508,595 4,508,595
---------------------------------------
Total....................... 227,221,297 227,221,297
Navajo Grant:............... 321,735 318,447
Inter-Tribal Council of 88,741 87,145
America Grant:.............
Northern Arapahoe Grant:.... 99,863 99,516
Arizona (adjusted).......... 1,128,755 1,108,447
[[Page 79418]]
New Mexico (adjusted)....... 1,714,483 1,705,389
Wyoming (adjusted).......... 1,069,354 1,065,631
------------------------------------------------------------------------
IV. Effective Date
DOE is proposing that the amended allocation procedure for the
Weatherization Assistance Program will be in effect for the 2009
program year.
V. Regulatory Analysis
A. Review Under Executive Order 12866
Today's notice of public rulemaking is not a significant regulatory
action under section 3(f)(1) of Executive Order 12866, ``Regulatory
Planning and Review'' (58 FR 51735; October 4, 1993). Accordingly,
today's action was not subject to review by the Office of Information
and Regulatory Affairs (OIRA) in the Office of Management and Budget
(OMB).
B. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires the
preparation of an initial regulatory flexibility analysis for any rule
that by law must be proposed for public comment, unless the agency
certifies that the rule, if promulgated, will not have a significant
economic impact on a substantial number of small entities. As required
by Executive Order 13272, ``Proper Consideration of Small Entities in
Agency Rulemaking,'' (67 FR 53461; August 16, 2002), DOE published
procedures and policies on February 19, 2003, to ensure that the
potential impacts of its rules on small entities are properly
considered during the rulemaking process (68 FR 7990). DOE has made its
procedures and policies available on the Office of General Counsel's
Web site: http://www.gc.doe.gov.
DOE has reviewed today's proposed rule for the Weatherization
Assistance Program under the provisions of the Regulatory Flexibility
Act. Today's proposed rule would incorporate statutory changes made to
the Weatherization Assistance Program. The proposed amendments include
the U.S. territories in the Weatherization Assistance Program to the
same extent as States are currently included. This rule, if promulgated
as a final rule, would directly affect States and individual recipients
of assistance. It would not have an economic impact on small entities.
On this basis, DOE certifies that if the proposed rule were finalized
that it would 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.
C. Review Under the Paperwork Reduction Act of 1995
In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.), this notice announces that the Department has submitted
a proposed revision of the currently approved collection of information
request (ICR) to the Office of Management and Budget (OMB):
Weatherization Assistance Program, OMB Control No. 1910-517. If made
final, today's proposed rule would add a total of 5 additional
respondents (American Samoa, Guam, Commonwealth of the Northern Mariana
Islands, Commonwealth of Puerto Rico, and the Virgin Islands). (1) OMB
No. 1910-5127; (2) Information Collection Request Title: Weatherization
Assistance Program; (3) Purpose: The Weatherization Assistance Program
provides grants to States, the District of Columbia and Native American
Tribes annually; (4) Estimated Number of Respondents: 57 (Fifty Seven)
States and territories; (5) Estimated Total Burden Hours: 3 hours per
respondent; (6) Number of Collections: The information collection
request contains 3 information and/or recordkeeping requirements.
Comments on the revision of the collection of information may be
sent to OMB addressed to: Department of Energy Desk Officer, Office of
Information and Regulatory Affairs, OMB, 725 17th Street, NW.,
Washington, DC 20503. Persons submitting comments to OMB also are
requested to send a copy to the DOE contact person at the address given
in the ADDRESSES section of this notice. OMB is particularly interested
in comments on: (1) The necessity of the proposed collection of
information; (2) the accuracy of DOE's estimate of the burden; (3) ways
to enhance the quality, utility, and clarity of the information to be
maintained; and (4) ways to minimize the burden on the requirements of
the respondents.
D. Review Under the National Environmental Policy Act of 1969
DOE has tentatively determined that this proposed rule is covered
under the Categorical Exclusion found in DOE's National Environmental
Policy Act regulations at paragraph A.6. of Appendix A to subpart D, 10
CFR part 1021. That Categorical Exclusion applies to rulemakings that
are strictly procedural, such as rulemaking establishing the
administration of grants. The proposed rule in today's document would
establish the procedure for allocating funds under the Weatherization
Assistance Program so as to cover, in addition to the States and the
District of Columbia, the U.S. territories. The proposed regulations
would not have any independent environmental impact. Accordingly, DOE
has not prepared an environmental assessment or an environmental impact
statement.
E. Review Under Executive Order 13132, ``Federalism''
Executive Order 13132, 64 FR 43255 (August 4, 1999), imposes
certain requirements on agencies formulating and implementing policies
or regulations that pre-empt 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 proposed rule and has
determined that it would not pre-empt State law and would not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government. No further
action is required by Executive Order 13132.
F. Review Under Executive Order 12988
With respect to the review of existing regulations and the
promulgation of
[[Page 79419]]
new regulations, section 3(a) of Executive Order 12988, Civil Justice
Reform, 61 FR 4729 (February 7, 1996), imposes on Executive agencies
the general duty to adhere to the following requirements: (1) Eliminate
drafting errors and ambiguity; (2) write regulations to minimize
litigation; and (3) provide a clear legal standard for affected conduct
rather than a general standard and promote simplification and burden
reduction. The review required by sections 3(a) and 3(b) of Executive
Order 12988 specifically requires that Executive agencies make every
reasonable effort to ensure that the regulation: (1) Clearly specifies
the pre-emptive effect, if any; (2) clearly specifies any effect on
existing Federal law or regulation; (3) provides a clear legal standard
for affected conduct while promoting simplification and burden
reduction; (4) specifies the retroactive effect, if any; (5) adequately
defines key terms; and (6) addresses other important issues affecting
clarity and general draftsmanship under any 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 sections 3(a) and 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, if finalized, this proposed rule would meet
the relevant standards of Executive Order 12988.
G. Review Under the Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) generally
requires Federal agencies to examine closely the impacts of regulatory
actions on State, local, and tribal governments. Subsection 101(5) of
Title I of that law defines a Federal intergovernmental mandate to
include any regulation that would impose upon State, local, or tribal
governments an enforceable duty, except a condition of Federal
assistance or a duty arising from participating in a voluntary Federal
program. Title II of that law requires each Federal agency to assess
the effects of Federal regulatory actions on State, local, and tribal
governments, in the aggregate, or to the private sector, other than to
the extent such actions merely incorporate requirements specifically
set forth in a statute. Section 202 of that title requires a Federal
agency to perform a detailed assessment of the anticipated costs and
benefits of any rule that includes a Federal mandate which may result
in costs to State, local, or tribal governments, or to the private
sector, of $100 million or more. Section 204 of that title requires
each agency that proposes a rule containing a significant Federal
intergovernmental mandate to develop an effective process for obtaining
meaningful and timely input from elected officers of State, local, and
tribal governments.
If made final, this proposed rule would not impose a Federal
mandate on State, local or tribal governments, and it will not result
in the expenditure by State, local, and tribal governments in the
aggregate, or by the private sector, of $100 million or more in any one
year. Accordingly, no assessment or analysis is required under the
Unfunded Mandates Reform Act of 1995.
H. Review Under the Treasury and General Government Appropriations Act
of 1999
Section 654 of the Treasury and General Government Appropriations
Act of 1999 (Pub. L. 105-277) requires Federal agencies to issue a
Family Policymaking Assessment for any rule that may affect family
well-being. This notice of proposed rulemaking would not have any
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 the Treasury and General Government Appropriations Act
of 2001
Section 515 of the Treasury and General Government Appropriations
Act, 2001 (44 U.S.C. 3516, note) provides for agencies to review most
disseminations 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 notice of proposed rulemaking under the OMB
and DOE guidelines and has concluded that it is consistent with
applicable policies in those guidelines.
J. 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 Federal agencies to prepare and submit to the
OMB a Statement of Energy Effects for any proposed significant energy
action. A ``significant energy action'' is defined as any action by an
agency that promulgated or is expected to lead to promulgation of a
final rule, and that: (1) Is a significant regulatory action under
Executive Order 12866, or any successor order; and (2) is likely to
have a significant adverse effect on the supply, distribution, or use
of energy, or (3) is designated by the Administrator of the Office of
Information and Regulatory Affairs (OIRA) as a significant energy
action. For any proposed significant energy action, the agency must
give a detailed statement of any adverse effects on energy supply,
distribution, or use, should the proposal be implemented, and of
reasonable alternatives to the action and their expected benefits on
energy supply, distribution, and use.
Today's regulatory action would not have a significant adverse
effect on the supply, distribution, or use of energy and is therefore
not a significant energy action. Accordingly, DOE has not prepared a
Statement of Energy Effects.
K. Review Under Executive Order 13175
Executive Order 13175. ``Consultation and Coordination with Indian
tribal Governments'' (65 FR 67249; November 9, 2000), requires DOE to
develop an accountable process to ensure ``meaningful and timely input
by tribal officials in the development of regulatory policies that have
tribal implications.'' ``Policies that have tribal implications''
refers to regulations that have ``substantial direct effects on one or
more Indian tribes, on the relationship between the Federal Government
and Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.'' Today's proposed
regulatory action is not a policy that has ``tribal implications''
under Executive Order 13175.
Under the Weatherization Assistance Program, a tribal organization
may qualify as a unit of general purpose local government and,
therefore, be eligible to apply for funds. See 10 CFR 440.11. Today's
regulatory action would not change the eligibility of Indian tribes to
apply for or receive funds under the Weatherization Assistance Program.
If made final, today's regulatory action would include Puerto Rico and
the U.S. territories in the allocation of available funds. DOE has
reviewed today's notice of proposed rulemaking under executive Order
13175 and has determined that it is consistent with applicable policies
of that Executive Order.
VI. Congressional Notification
As required by 5 U.S.C. 801, DOE will report to Congress on the
promulgation of this rule prior to its effective date.
[[Page 79420]]
The report will state that it has been determined that the rule is not
a ``major rule'' as defined by 5 U.S.C. 804(2).
VII. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of today's notice
of proposed rulemaking.
List of Subjects in 10 CFR Part 440
Administrative practice and procedure, Energy conservation, Grant
programs--energy, Grant programs--housing and community development,
Housing standards, Indians, Individuals with disabilities, Reporting
and record keeping requirements, Weatherization.
Issued in Washington, DC, on December 11, 2008.
David E. Rodgers,
Deputy Assistant Secretary for Energy Efficiency, Office of Technology
Development, Energy Efficiency and Renewable Energy.
For the reasons set forth in the preamble, DOE proposes to amend
part 440 of chapter II of title 10, Code of Federal regulations to read
as follows:
PART 440--WEATHERIZATION ASSISTANCE PROGRAM FOR LOW-INCOME PERSONS
1. The authority citation for Part 440 continues to read as
follows:
Authority: 42 U.S.C. 6861 et seq.; 42 U.S.C. 7101 et. seq.
2. Section 440.3 is amended by revising the definition of ``State''
to read as follows:
Sec. 440.3 Definitions.
* * * * *
State means each of the States, the District of Columbia, American
Samoa, Guam, Commonwealth of the Northern Mariana Islands, Commonwealth
of Puerto Rico, and the Virgin Islands.
* * * * *
3. Section 440.10 is amended by revising introductory paragraph
(b), (b)(1) Table 1, and paragraph (c), to read as follows:
Sec. 440.10 Allocation of funds.
* * * * *
(b) Based on the total program allocations at or above the amount
of $209,724,761, DOE shall determine the program allocation for each
State from available funds as follows:
(1) * * *
------------------------------------------------------------------------
Base allocation
State ($)
------------------------------------------------------------------------
Alabama.............................................. 1,636,000
Alaska............................................... 1,425,000
Arizona.............................................. 760,000
Arkansas............................................. 1,417,000
California........................................... 4,404,000
Colorado............................................. 4,574,000
Connecticut.......................................... 1,887,000
Delaware............................................. 409,000
District of Columbia................................. 487,000
Florida.............................................. 761,000
Georgia.............................................. 1,844,000
Hawaii............................................... 120,000
Idaho................................................ 1,618,000
Illinois............................................. 10,717,000
Indiana.............................................. 5,156,000
Iowa................................................. 4,032,000
Kansas............................................... 1,925,000
Kentucky............................................. 3,615,000
Louisiana............................................ 912,000
Maine................................................ 2,493,000
Maryland............................................. 1,963,000
Massachusetts........................................ 5,111,000
Michigan............................................. 12,346,000
Minnesota............................................ 8,342,000
Mississippi.......................................... 1,094,000
Missouri............................................. 4,615,000
Montana.............................................. 2,123,000
Nebraska............................................. 2,013,000
Nevada............................................... 586,000
New Hampshire........................................ 1,193,000
New Jersey........................................... 3,775,000
New Mexico........................................... 1,519,000
New York............................................. 15,302,000
North Carolina....................................... 2,853,000
North Dakota......................................... 2,105,000
Ohio................................................. 10,665,000
Oklahoma............................................. 1,846,000
Oregon............................................... 2,320,000
Pennsylvania......................................... 11,457,000
Rhode Island......................................... 878,000
South Carolina....................................... 1,130,000
South Dakota......................................... 1,561,000
Tennessee............................................ 3,218,000
Texas................................................ 2,999,000
Utah................................................. 1,692,000
Vermont.............................................. 1,014,000
Virginia............................................. 2,970,000
Washington........................................... 3,775,000
West Virginia........................................ 2,573,000
Wisconsin............................................ 7,061,000
Wyoming.............................................. 967,000
American Samoa....................................... 120,000
Guam................................................. 120,000
Puerto Rico.......................................... 120,000
Northern Mariana Islands............................. 120,000
Virgin Islands....................................... 120,000
------------------
Total............................................ 171,858,000
------------------------------------------------------------------------
* * * * *
(c) Should total program allocations for any fiscal year fall below
$209,724,761, then each State's program allocation shall be reduced
from its allocated amount under a total program allocation of
$209,724,761 by the same percentage as total program allocations for
the fiscal year fall below $209,724, 761.
* * * * *
[FR Doc. E8-30836 Filed 12-24-08; 8:45 am]
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