Executive
Order
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
(
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.

GEORGE
W.
BUSH
THE
WHITE
HOUSE,
May
18,
2001.

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