[Federal Register Volume 86, Number 71 (Thursday, April 15, 2021)]
[Rules and Regulations]
[Pages 19786-19787]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07685]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

43 CFR Part 51

[Docket No. DOI-2020-0001; 201D0102DM, DS6CS00000, DLSN00000.000000, 
DX6CS25]
RIN 1093-AA27


Procedures for Issuing Guidance Documents

AGENCY: Office of the Secretary, Interior.

ACTION: Final rule; rescission of regulations.

-----------------------------------------------------------------------

SUMMARY: On October 26, 2020, the Department of the Interior 
(Department) published an interim final rule implementing an Executive 
order (E.O.), entitled ``Promoting the Rule of Law Through Improved 
Agency Guidance Documents.'' The E.O. defined guidance documents and 
required Federal agencies to finalize regulations or amend existing 
regulations to establish processes and procedures for issuing guidance 
documents, among other actions. In accordance with the E.O. entitled, 
``Revocation of Certain Executive Orders Concerning Federal 
Regulation'' issued by President Biden on January 20, 2021, this final 
rule rescinds the Department's interim final rule.

DATES: This rule is effective April 15, 2021.

FOR FURTHER INFORMATION CONTACT: Bivan Patnaik, Deputy Director of 
Regulatory Affairs, Office of the Executive Secretariat and Regulatory 
Affairs, by phone at 202-208-3181 or via the Federal Relay Service at 
800-877-8339, or via email account [email protected].

SUPPLEMENTARY INFORMATION:

I. Discussion

    On October 26, 2020, the Department of the Interior published an 
interim final rule on guidance (85 FR 67666) 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 the Department's procedural 
requirements governing the development, review, and clearance of 
guidance documents; the processes for the public to petition for 
withdrawal or modification of a particular guidance document, including 
designating the officials to whom petitions should be directed; and the 
procedures for review and approval of significant guidance documents.
    On January 20, 2021, President Biden issued E.O. 13992, 
``Revocation of Certain Executive Orders Concerning Federal 
Regulation,'' which, among other actions, revoked E.O. 13891 and 
directed agencies to promptly take steps to rescind any rules 
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 E.O. revokes harmful policies and 
directives that

[[Page 19787]]

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 concluded that the October 26, 2020, interim final rule on 
our procedural requirements deprives the Department and subordinate 
Bureaus and Offices of the necessary flexibility in determining when 
and how best to issue public guidance based on particular facts and 
circumstances. The interim final rule also 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 October 26, 2020, interim final rule.
    In accordance with OMB memorandum ``Guidance for Regulatory 
Review'' (M-09-13), the Office of Management and Budget will continue 
to review all agency actions and documents subject to the Office of 
Information and Regulatory Affairs review under E.O. 12866. These 
reviews include policy and guidance documents that OMB determines to be 
significant.
    In order to ensure transparency, the single, searchable, indexed 
website (www.doi.gov/elips/browse) that contains all of the 
Department's guidance documents and was made available to the public on 
February 28, 2020 (85 FR 12009), will remain active. However, the 
website will be revised to remove any references to E.O. 13891.

II. Final Rule

    The Department has determined that this rule is suitable for final 
rulemaking. The rule rescinds the October 26, 2020, revisions to the 
Department's existing procedures and associated implementation as it 
related to the development, review, and clearance of guidance documents 
as directed by E.O. 13891. As with the October 26, 2020, interim final 
rule, the Department is not required to engage in a notice and comment 
process to issue this rule under the Administrative Procedure Act. See 
5 U.S.C. 553(b)(3)(B). 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.

List of Subjects in 43 CFR Part 51

    Administrative practice and procedure, Executive orders.

PART 51--[REMOVED]

0
For the reasons discussed in the preamble, and under the authority of 5 
U.S.C. Chapter 5, Subchapter II; Chapter 7, the Department of the 
Interior amends 43 CFR by removing part 51.
    This action is taken pursuant to delegated authority.

Rachael S. Taylor,
Principal Deputy Assistant Secretary--Policy, Management and Budget.
[FR Doc. 2021-07685 Filed 4-14-21; 8:45 am]
BILLING CODE 4334-63-P