Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use

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

(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.