[Federal Register Volume 86, Number 101 (Thursday, May 27, 2021)]
[Rules and Regulations]
[Pages 28488-28489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10059]



[[Page 28488]]

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TENNESSEE VALLEY AUTHORITY

18 CFR Part 1301

RIN 3316-AA23


``Promoting the Rule of Law Through Improved Agency Guidance'' 
Regulations; Rescission

AGENCY: Tennessee Valley Authority.

ACTION: Final rule; rescission of regulations.

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SUMMARY: In accordance with the Executive order entitled, ``Promoting 
the Rule of Law Through Improved Agency Guidance,'' the Tennessee 
Valley Authority (TVA) is rescinding associated regulations.

DATES: This rule is effective on May 27, 2021.

FOR FURTHER INFORMATION CONTACT: Robin M. Daugherty, 423-751-3207, 
Email: [email protected], Mail address: Tennessee Valley Authority, 
400 West Summit Hill Drive, WT 6 Knoxville, TN 37902.

SUPPLEMENTARY INFORMATION: TVA rescinds 18 CFR 1301.70 through 1301.80 
(part 1301, subpart F), which implemented the requirements of Executive 
Order 13891, ``Promoting the Rule of Law Through Improved Agency 
Guidance Documents.'' 84 FR 55235 (October 9, 2019) (E.O. 13891). TVA 
rescinds this regulation in accordance with E.O. 13992, ``Revocation of 
Certain Executive Orders Concerning Federal Regulation.'' 86 FR 7049 
(January 25, 2021) (E.O. 13992). E.O. 13992 revoked certain executive 
orders, including E.O. 13891. E.O. 13992 additionally directed heads of 
agencies to ``promptly take steps to rescind any orders, rules, 
regulations, guidelines, or policies, or portions thereof,'' that were 
issued to implement E.O. 13891. TVA issued regulations to implement 
E.O. 13891 on September 24, 2020, at subpart F in part 1301 of title 18 
of the Code of Federal Regulations (Promoting the Rule of Law Through 
Improved Agency Guidance Documents, 85 FR 60063-60068 (Sept. 24, 2020) 
(codified at 18 CFR part 1301, subpart F). This rescission complies 
with the purpose and intent of E.O. 13992.

Legal Authority

    This rescission is promulgated under the authority of the TVA Act, 
as amended, 16 U.S.C. 831-831ee, and the Administrative Procedures Act, 
5 U.S.C. 551-559.

Background

    TVA is a multi-purpose corporate agency of the United States that 
provides electricity for business customers and local power companies 
serving 10 million people in parts of seven southeastern states. TVA 
provides flood control, navigation and land management for the 
Tennessee River system and assists local power companies and state and 
local governments with economic development and job creation.

Statutory and Executive Orders Reviews

    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory Review--This 
action is exempt from review by the Office of Management and Budget 
(OMB) because it is a rule of agency procedure and practice and is 
limited to agency management.
    B. Paperwork Reduction Act (PRA)--This action does not contain any 
information collection activities and therefore does not impose an 
information collection burden under the PRA.
    C. Regulatory Flexibility Act (RFA)--This action is not subject to 
the RFA. The RFA applies only to rules subject to notice and comment 
rulemaking requirements under the Administrative Procedure Act (APA), 5 
U.S.C. 553, or any other statute. This rule pertains to agency 
management or personnel, which the APA expressly exempts from notice 
and comment rulemaking requirements under 5 U.S.C. 553(a)(2).
    D. Unfunded Mandates Reform Act (UMRA)--This action does not 
contain any unfunded mandate as described in UMRA, 2 U.S.C. 1531-1538, 
and does not significantly or uniquely affect small governments. The 
action imposes no enforceable duty on any state, local, or tribal 
governments or the private sector.
    E. Executive Order 13132: Federalism--This action does not have 
federalism implications. It will not have substantial direct effects on 
the states, on the relationship between the National Government and the 
states, or on the distribution of power and responsibilities among the 
various levels of government.
    F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments--This action does not have tribal implications as 
specified in Executive Order 13175. Thus, Executive Order 13175 does 
not apply to this action.
    G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks--TVA interprets E.O. 13045 as applying 
only to those regulatory actions that concern environmental health or 
safety risks that TVA has reason to believe may disproportionately 
affect children. Per the definition of ``covered regulatory action'' in 
E.O. 13891, and because this action does not concern an environmental 
health risk or safety risk, it is not subject to E.O. 13045.
    H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution or Use--This action is 
not subject to E.O. 13211 because it is not a significant regulatory 
action under E.O. 12866.
    I. National Technology Transfer and Advancement Act (NTTAA)--This 
rulemaking does not involve technical standards.
    J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations--TVA 
believes that this action is not subject to E.O. 12898 because it does 
not establish an environmental health or safety standard. This 
regulatory action is a procedural rule and does not have any impact on 
human health or the environment.
    K. Congressional Review Act--This rule is exempt from the CRA 
because it is a rule of agency organization, procedure or practice that 
does not substantially affect the rights or obligations of non-agency 
parties.
    L. Executive Order 13992: Revocation of Certain Executive Orders 
Concerning Federal Regulation--TVA believes that E.O. 13992 squarely 
applies in this context, as a clear and direct requirement to rescind 
TVA's applicable regulations promulgated in accordance with E.O. 13891.

Signing Authority

    This document of the Tennessee Valley Authority was signed on ___, 
by David B. Fountain, Executive Vice President and General Counsel, 
pursuant to delegated authority from the Chief Executive Officer.

    Signed in Knoxville, TN, on May 5, 2021.
David B. Fountain,
Executive Vice President and General Counsel, Tennessee Valley 
Authority.
    For reasons stated in the preamble, the TVA amends 18 CFR part 1301 
as follows:

PART 1301--PROCEDURES

0
1. The authority citation for part 1301 continues to read as follows:

    Authority: 5 U.S.C. 552 and 552a; 16 U.S.C. 831-831dd.

[[Page 28489]]

Subpart F--[Removed]

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2. Subpart F, consisting of Sec. Sec.  1301.70 through 1301.80, is 
removed.

[FR Doc. 2021-10059 Filed 5-26-21; 8:45 am]
BILLING CODE 8120-08-P