[Federal Register Volume 86, Number 89 (Tuesday, May 11, 2021)]
[Rules and Regulations]
[Page 25801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09954]



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 Rules and Regulations
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  Federal Register / Vol. 86, No. 89 / Tuesday, May 11, 2021 / Rules 
and Regulations  

[[Page 25801]]



OFFICE OF GOVERNMENT ETHICS

5 CFR Part 2611

RIN 3209-AA61


Removal of U.S. Office of Government Ethics Guidance Documents 
Regulations

AGENCY: Office of Government Ethics.

ACTION: Final rule.

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SUMMARY: Pursuant to Executive Order 13992, the U.S. Office of 
Government Ethics (OGE) is removing its regulations that detail the 
processes for the issuance of, modifications to, and petitions 
regarding guidance documents, as defined by Executive Order 13891.

DATES: This final rule is effective May 11, 2021.

FOR FURTHER INFORMATION CONTACT: Patrick J. Lightfoot, Assistant 
Counsel, or Margaret Dylus-Yukins, Assistant Counsel; Telephone: 202-
482-9300.

SUPPLEMENTARY INFORMATION: 

I. Background

    As required by Executive Order 13891, ``Promoting the Rule of Law 
Through Improved Agency Guidance Documents'' (October 9, 2019), OGE 
issued 5 CFR part 2611 on August 20, 2020. 85 FR 51301 (August 20, 
2020). 5 CFR part 2611 set forth processes and procedures for OGE's 
issuance of guidance documents as defined by Executive Order 13891. 
Also pursuant to Executive Order 13891, OGE established and maintained 
a Guidance Portal on its website, which provided links to all guidance 
documents in effect and issued by OGE. 85 FR 45638 (July 29, 2020). 
Notably, all of OGE's guidance documents are already posted elsewhere 
on the OGE website.
    Executive Order 13992, ``Revocation of Certain Executive Orders 
Concerning Federal Regulation'' (January 20, 2021), revoked Executive 
Order 13891 and five other executive orders. Executive Order 13992 also 
directed agencies to ``promptly take steps to rescind any orders, 
rules, regulations, guidelines, or policies, or portions thereof, 
implementing or enforcing'' the revoked executive orders.
    In accordance with Executive Order 13992, OGE is removing 5 CFR 
part 2611 in its entirety. OGE will retain a copy of the regulation. 
The Federal Register issuance at 85 FR 51301, which includes the full 
text of the regulation, will remain on OGE's website. OGE will also 
remove the Guidance Portal from its website; however, the documents 
from the Guidance Portal will continue to be available elsewhere on 
OGE's website.

II. Matters of Regulatory Procedure

Administrative Procedure Act

    Pursuant to 5 U.S.C. 553(b)(3)(A), as Director of the Office of 
Government Ethics, the notice and comment procedures are being waived 
because these amendments concern matters of agency organization, 
procedure and practice.

Paperwork Reduction Act

    The Paperwork Reduction Act (44 U.S.C. chapter 35) does not apply 
because this regulation does not contain information collection 
requirements that require approval of the Office of Management and 
Budget.

Unfunded Mandates Reform Act

    For purposes of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 
chapter 5, subchapter II), this final rule would not significantly or 
uniquely affect small governments and will not result in increased 
expenditures by State, local, and tribal governments, in the aggregate, 
or by the private sector, of $100 million or more (as adjusted for 
inflation) in any one year.

Executive Order 13563 and Executive Order 12866

    Executive Orders 13563 and 12866 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select the regulatory approaches that 
maximize net benefits (including economic, environmental, public health 
and safety effects, distributive impacts, and equity). Executive Order 
13563 emphasizes the importance of quantifying both costs and benefits, 
of reducing costs, of harmonizing rules, and of promoting flexibility. 
In promulgating this rulemaking, OGE has adhered to the regulatory 
philosophy and the applicable principles of regulation set forth in 
Executive Orders 12866 and 13563. The rule is not a significant 
regulatory action for the purposes of Executive Order 12866.

Executive Order 12988

    As Director of the Office of Government Ethics, I have reviewed 
this rule in light of section 3 of Executive Order 12988, Civil Justice 
Reform, and certify that it meets the applicable standards provided 
therein.

List of Subjects in 5 CFR Part 2611

    Administrative practice and procedure, Guidance documents, 
Significant guidance documents.

    Approved: May 6, 2021.
Emory Rounds,
Director, U.S. Office of Government Ethics.

    For the reasons set forth in the preamble, and under the authority 
of 5 U.S.C. app. 101-505 (Ethics in Government Act of 1978), the U.S. 
Office of Government Ethics amends 5 CFR chapter XVI by removing part 
2611.

[FR Doc. 2021-09954 Filed 5-10-21; 8:45 am]
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