[Federal Register Volume 86, Number 67 (Friday, April 9, 2021)]
[Rules and Regulations]
[Pages 18444-18445]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07314]


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AGENCY FOR INTERNATIONAL DEVELOPMENT

22 CFR Part 212

RIN 0412-AB00


Procedures for the Review and Clearance of USAID's Guidance 
Documents; Rescission

AGENCY: U.S. Agency for International Development (USAID).

ACTION: Final rule; rescission.

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SUMMARY: This rule is to rescind the regulation published on January 5, 
2021, titled ``Procedures for the review and clearance of USAID's 
Guidance Documents.'' This action is necessary to comply with the 
Executive order (E.O.) titled ``Revocation of Certain Executive Orders 
Concerning Federal Regulation,'' signed on January 20, 2021, which 
specifically requires the revocation of the E.O. titled ``Promoting the 
Rule of Law Through Improved Agency Guidance Documents,'' signed on 
October 9, 2010. To comply with the new E.O., USAID is removing its 
regulations setting forth processes and procedures for USAID to issue 
guidance documents as defined in October 2010 E.O.

[[Page 18445]]


DATES: This final rule is effective April 9, 2021.

FOR FURTHER INFORMATION CONTACT: Jenna Giandoni, [email protected], 
202-921-5093.

SUPPLEMENTARY INFORMATION:

Background

    On October 9, 2019 (84 FR 55235), President Trump issued Executive 
Order (E.O.) 13891, Promoting the Rule of Law Through Improved Agency 
Guidance Documents. Section 4 of that E.O. required each Department or 
Agency to put in place processes and procedures for issuing guidance 
documents as defined by the E.O., including a self-imposed version of a 
notice-and-comment process for a range of policies that are not 
otherwise required to go through notice-and-comment rulemaking under 
the Administrative Procedure Act, 5 U.S.C. 553, et seq. (e.g., policies 
related to agency management, among others, which are expressly 
exempted). USAID implemented this directive by amending 22 CFR part 212 
to add subparts N and O.
    On January 20, 2021 (86 FR 7049), President Biden signed the E.O. 
13992, Revocation of Certain Executive Orders Concerning Federal 
Regulation, which among other things, revokes E.O. 13891, Promoting the 
Rule of Law Through Improved Agency Guidance Documents, signed on 
October 9, 2010, by President Trump. To comply with the new E.O., USAID 
rescinds the final rule titled ``Procedures for the Review and 
Clearance of USAID's Guidance Documents'' by removing subparts N and O 
of 22 CFR part 212, which USAID added in the final rule dated January 
5, 2021 (86 FR 250), pursuant to directives in the now-repealed E.O. 
13891.

Notice and Comment Not Required

    This rule relates to internal Agency management. Therefore, 
pursuant to Section 553(a)(2) of Title 5 of the United States Code 
(U.S.C.), notice of proposed rulemaking and opportunity to comment are 
not required. The original rule was also done without notice and 
comment under this rationale.

Regulatory Flexibility Act

    Because notice-and-comment rulemaking is not necessary for this 
rule, the provisions of the Regulatory Flexibility Act, Section 604 of 
Title 5 of the U.S.C. do not apply.

Paperwork Reduction Act

    This final rule imposes no new reporting or recordkeeping 
requirements that necessitate clearance by OMB.

List of Subjects in 22 CFR Part 212

    Administrative practice and procedure, Freedom of information.

    In consideration of the foregoing, and under the authority of E.O. 
13992, the U.S. Agency for International Development (USAID) amends 22 
CFR part 212 as follows:

PART 212--PUBLIC INFORMATION

0
1. The authority citation for part 212 continues to read as follows:

    Authority: Pub. L. 114-185, 130 Stat. 538.

Subpart N [Removed]

0
2. Subpart N, consisting of Sec.  212.25, is removed.

Subpart O [Removed]

0
3. Subpart O, consisting of Sec. Sec.  212.26 through 212.40, is 
removed.

Ruth Buckley,
Acting Performance Improvement Officer/Acting Office Director, Bureau 
for Management Office of Management Policy, Budget and Operational 
Performance.
[FR Doc. 2021-07314 Filed 4-8-21; 8:45 am]
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