[Federal Register Volume 86, Number 16 (Wednesday, January 27, 2021)]
[Rules and Regulations]
[Pages 7237-7238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01746]


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DEPARTMENT OF LABOR

Office of the Secretary

29 CFR Part 89

RIN 1290-AA41


Rescission of Department of Labor Rule on Guidance

AGENCY: Office of the Secretary, U.S. Department of Labor.

ACTION: Final rule; rescission of regulations.

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SUMMARY: On August 28, 2020, the Department of Labor published a final 
rule on guidance implementing an Executive order entitled ``Promoting 
the Rule of Law Through Improved Agency Guidance Documents,'' and 
providing policy and requirements for issuing, modifying, withdrawing, 
and using guidance; making guidance available to the public; a notice 
and comment process for significant guidance; and taking and responding 
to petitions about guidance. In accordance with the ``Executive Order 
on Revocation of Certain Executive Orders Concerning Federal 
Regulation,'' issued by President Biden on January 20, 2021, this final 
rule rescinds the Department's rule on guidance.

DATES: This final rule is effective January 27, 2021.

FOR FURTHER INFORMATION CONTACT: Erin FitzGerald, Senior Policy 
Advisor, U.S. Department of Labor, Room S-2312, 200 Constitution Avenue 
NW, Washington, DC 20210; telephone: (202) 693-5076 (this is not a 
toll-free number).

SUPPLEMENTARY INFORMATION: 

I. Discussion

    On August 28, 2020, the Department of Labor published an internal 
final rule on guidance implementing E.O. 13891, ``Promoting the Rule of 
Law Through Improved Agency Guidance Documents,'' signed by President 
Trump on October 9, 2019. As required by the E.O., the rule contained 
policy and requirements for issuing, modifying, withdrawing, and using 
guidance; making guidance available to the public; a notice and comment

[[Page 7238]]

process for significant guidance; and taking and responding to 
petitions about guidance (85 FR 53163).
    On January 20, 2021, President Biden issued the ``Executive Order 
on Revocation of Certain Executive Orders Concerning Federal 
Regulation'' which, among other things, revoked E.O. 13891 and directed 
agencies to promptly take steps to rescind any orders, rules, 
regulations, guidelines, or policies, or portions thereof, implementing 
or enforcing the Executive orders. The January 20, 2021, E.O. states 
that it is the policy of the Administration ``to use available tools to 
confront the urgent challenges facing the Nation, including the 
coronavirus disease 2019 (COVID-19) pandemic, economic recovery, racial 
justice, and climate change. To tackle these challenges effectively, 
executive departments and agencies (agencies) must be equipped with the 
flexibility to use robust regulatory action to address national 
priorities. This order revokes harmful policies and directives that 
threaten to frustrate the Federal Government's ability to confront 
these problems, and empowers agencies to use appropriate regulatory 
tools to achieve these goals.''
    After consideration and review, the Department has concluded that 
the internal rule on guidance deprives the Department and subordinate 
agencies of necessary flexibility in determining when and how best to 
issue public guidance based on particular facts and circumstances, and 
unduly restricts the Department's ability to provide timely guidance on 
which the public can confidently rely. Therefore, in accordance with 
President Biden's January 20, 2021, E.O., the Department is issuing 
this final rule, which rescinds the internal rule on guidance published 
at 85 FR 53163.

II. Final Rule

    The Department has determined that this rule is suitable for final 
rulemaking. The revisions to the Department's policies and requirements 
surrounding guidance are purely internal matters of agency management, 
as well as the agency's organization, procedure, and practice. 
Accordingly, as with the August 2020 final rule, the Department is not 
required to engage in a notice and comment process to issue them under 
either the Administrative Procedure Act. See 5 U.S.C. 553(a)(2), 
553(b)(A). Furthermore, because this rule is procedural rather than 
substantive, the normal requirement of 5 U.S.C. 553(d) that a rule not 
be effective until at least 30 days after publication in the Federal 
Register is inapplicable. The Department also finds good cause to 
provide an immediate effective date for this rule, because it imposes 
no obligations on parties outside the federal government and therefore 
no advance notice is required to enable employers or other private 
parties to come into compliance.

List of Subjects in 29 CFR Part 89

    Administrative practice and procedure, Labor.

PART 89 [REMOVED]

0
For the reasons discussed in the preamble, and under the authority of 5 
U.S.C. 301, the Department of Labor amends 29 CFR subtitle A by 
removing part 89.

    Signed at Washington, DC.
Stephanie Swirsky,
Deputy Assistant Secretary of Labor for Policy.
[FR Doc. 2021-01746 Filed 1-22-21; 4:15 pm]
BILLING CODE 4510-HL-P