[Federal Register Volume 86, Number 75 (Wednesday, April 21, 2021)]
[Rules and Regulations]
[Pages 20631-20632]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08113]


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SOCIAL SECURITY ADMINISTRATION

20 CFR Part 426

[Docket No. SSA-2020-0002]
RIN 0960-AI54


Rescission of Rules on Improved Agency Guidance Documents

AGENCY: Social Security Administration.

ACTION: Final rule.

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SUMMARY: We are rescinding our rules on improved agency guidance 
documents. We published the rules pursuant to an Executive order (E.O.) 
entitled, ``Promoting the Rule of Law Through Improved Agency Guidance 
Documents,'' signed October 9, 2019. The October 2019 E.O. has been 
revoked by an E.O. entitled, ``Revocation of Certain Executive Orders 
Concerning Federal Regulation,'' signed January 20, 2021. We are 
rescinding these rules because the January 2021 E.O. requires the heads 
of Federal agencies to take steps promptly to rescind any regulations 
that implement or enforce the October 2019 E.O.

DATES: This final rule will be effective May 21, 2021.

FOR FURTHER INFORMATION CONTACT: Jennifer Dulski, Office of Regulations 
and Reports Clearance, Social Security Administration, 6401 Security 
Boulevard, Baltimore, MD 21235-6401, (410) 966-2341. For information on 
eligibility or filing for benefits, call our national toll-free number, 
1-800-772-1213 or TTY 1-800-325-0778, or visit our internet site, 
Social Security Online, at http://www.socialsecurity.gov.

SUPPLEMENTARY INFORMATION: On August 20, 2020, we published a final 
rule, ``Improved Agency Guidance Documents,'' in the Federal 
Register.\1\ This final rule, which had an effective date of September 
21, 2020, added 20 CFR part 426 to our regulations to implement E.O. 
13891, ``Promoting the Rule of Law Through Improved Agency Guidance 
Documents.'' \2\
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    \1\ 85 FR 51337.
    \2\ 84 FR 55235 (October 15, 2019).
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    On January 20, 2021, the President issued E.O. 13992, ``Revocation 
of Certain Executive Orders Concerning Federal Regulation.'' \3\ E.O. 
13992 revoked several E.O.s, including E.O. 13891, and directed heads 
of agencies to ``promptly take steps to rescind any orders, rules, 
regulations, guidelines, or policies, or portions thereof, implementing 
or enforcing the [revoked] Executive Orders.'' Because we promulgated 
the final rule, ``Improved Agency Guidance Documents,'' to implement 
E.O. 13891, we must now rescind this rule.
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    \3\ 86 FR 7049 (January 25, 2021).
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    We are removing from our regulations and reserving 20 CFR part 426, 
consisting of Sec. Sec.  426.5 through 426.25. The regulations that we 
are removing set forth the definition of ``guidance document'' in E.O. 
13891, discuss the nonbinding nature of guidance documents, set forth 
procedures to request withdrawal or modification of guidance documents, 
and set forth additional requirements and procedures for significant 
guidance documents as prescribed by E.O. 13891. In addition, we will 
remove the website we created to comply with the requirements of E.O. 
13891 (www.ssa.gov/guidance). Although we will remove the site at 
www.ssa.gov/guidance, the documents that are referenced and linked on 
that site_such as Social Security rulings, the Program Operations 
Manual, the Hearings, Appeals and Litigation Law manual, and Chief 
Judge Bulletins_will still be publicly available on our website, 
www.ssa.gov.

Rulemaking Analyses and Notices

Regulatory Procedures

    We follow the Administrative Procedure Act (APA) rulemaking 
procedures in 5 U.S.C. 553 when we develop regulations. Generally, the 
APA requires that an agency provide prior notice and opportunity for 
public comment before issuing a final rule. Under 5 U.S.C. 
553(b)(3)(A), agencies are not required to provide prior notice and 
opportunity for the public to comment for a rule that is an 
interpretative rule, a general statement of policy, or a rule of agency 
organization, procedure, or practice. When we published our final rule, 
``Improved Agency Guidance Documents,'' we explained that it was exempt 
from the requirement to provide prior notice and opportunity for public

[[Page 20632]]

comment because it was a rule of ``agency organization, procedure, or 
practice'' that merely explained our processes to implement E.O. 
13891.\4\ For the same reason, we find this rule is exempt from the 
requirement to provide prior notice and opportunity for public comment 
because it is, likewise, a rule of ``agency organization, procedure, or 
practice.'' It merely explains we will no longer follow the processes 
and procedures prescribed by the revoked E.O. 13891.
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    \4\ 85 FR at 51338.
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E.O. 12866, as Supplemented by E.O. 13563

    We have consulted with the Office of Management and Budget (OMB) 
and determined that this final rule does not meet the criteria for a 
significant regulatory action under E.O. 12866 and is not subject to 
OMB review.

E.O. 13132 (Federalism)

    We analyzed this final rule in accordance with the principles and 
criteria established by E.O. 13132, and determined that the final rule 
will not have sufficient federalism implications to warrant the 
preparation of a federalism assessment. We also determined that this 
final rule will not preempt any State law or State regulation or affect 
the States' abilities to discharge traditional State governmental 
functions.

Regulatory Flexibility Act

    We certify that this final rule will not have a significant 
economic impact on a substantial number of small entities, because it 
affects individuals or States only. Therefore, a regulatory flexibility 
analysis is not required under the Regulatory Flexibility Act, as 
amended.

Paperwork Reduction Act

    The rescission of this final rule does not create any new or affect 
any existing collections and, therefore, does not require Office of 
Management and Budget approval under the Paperwork Reduction Act.

(Catalog of Federal Domestic Assistance Program Nos. 96.001, Social 
Security--Disability Insurance; 96.006 Supplemental Security Income)

List of Subjects in 20 CFR Part 426

    Guidance, Social Security.

    The Commissioner of Social Security, Andrew Saul, having reviewed 
and approved this document, is delegating the authority to 
electronically sign this document to Faye I. Lipsky, who is the primary 
Federal Register Liaison for SSA, for purposes of publication in the 
Federal Register.

Faye I. Lipsky,
Federal Register Liaison, Office of Legislation and Congressional 
Affairs, Social Security Administration.

PART 426--[REMOVED AND RESERVED]

0
For the reasons set out in the preamble, and under the authority of 
E.O. 13992, we remove and reserve part 426, consisting of Sec. Sec.  
426.5 through 426.25.

[FR Doc. 2021-08113 Filed 4-20-21; 8:45 am]
BILLING CODE 4191-02-P