[Federal Register Volume 86, Number 103 (Tuesday, June 1, 2021)]
[Rules and Regulations]
[Pages 29196-29197]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11204]


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FEDERAL MEDIATION AND CONCILIATION SERVICE

29 CFR Part 1473


Recission of Federal Mediation and Conciliation Rule on 
Administrative Guidance

AGENCY: Federal Mediation and Conciliation Service.

ACTION: Final rule; rescission of regulations.

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SUMMARY: On April 20, 2020, the Federal Mediation and Conciliation 
Service (FMCS) published a final rule on administrative guidance 
implementing an Executive order entitled ``Promoting the Rule of Law 
Through Improved Agency Guidance Documents,'' and providing policy and 
requirements for issuing, modifying, withdrawing, and using guidance; 
and taking and responding to petitions about guidance. In accordance 
with the ``Executive Order on Revocation of Certain Executive Orders 
Concerning Federal Regulation,'' issued by President Biden on January 
20, 2021, this final rule rescinds FMCS's rule on guidance.

DATES: This final rule is effective June 1, 2021.

FOR FURTHER INFORMATION CONTACT: Alisa Silverman, Attorney-Advisor, 
Office of General Counsel, Federal Mediation and Conciliation Service, 
250 E St. SW, Washington, DC 20427; Office/Fax/Mobile 202-606-5488; 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Discussion

    On April 20, 2020, at 85 FR 21770, the Federal Mediation and 
Conciliation Service (FMCS) published a final rule on administrative 
guidance 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., this rule contained policy 
and requirements for issuing, modifying, withdrawing, and using 
guidance; making guidance available to the public; a notice and comment 
process for significant

[[Page 29197]]

guidance; and taking a responding to petitions about guidance.
    On January 20, 2021, President Biden issued the ``Executive Order 
on Revocation of Certain Executive Orders Concerning Federal 
Regulation'' which, among other things, revoked E.O. 13891 and directed 
agencies to promptly take steps to rescind any orders, rules, 
regulations, guidelines, or policies, or portions thereof, implementing 
or enforcing the Executive Orders. In accordance with E.O. 13992, FMCS 
is issuing this final rule, which rescinds the rule on procedures for 
FMCS guidance documents published April 20, 2020.

II. Final Rule

    FMCS has determined that this rule is suitable for final 
rulemaking. The revisions to FMCS' policies and requirements 
surrounding administrative guidance are purely internal matters of 
agency management, as well as the agency's organization, procedure, and 
practice. Accordingly, as with the April 20, 2020, final rule, FMCS is 
not required to engage in a notice and comment process to issue this 
rule under the Administrative Procedures Act, See U.S.C. 553(a)(2), 
553(b)(A). 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. FMCS also finds good cause to provide an 
immediate effective date for this rule because it imposes no 
obligations on parties outside the federal government and therefore no 
advance notice is required to enable employers or other private parties 
to come into compliance.

List of Subjects in 29 CFR Part 1473

    Administrative practice and procedure, Guidance documents.

PART 1473--[REMOVED]

0
For the reasons discussed in the preamble, and under the authority 29 
U.S.C. 172 of Taft Harley Act of 1947 and E.O. 13992, FMCS amends 29 
CFR chapter XII by removing part 1473.

    Issued in Washington, DC
Sarah Cudahy,
General Counsel.
[FR Doc. 2021-11204 Filed 5-28-21; 8:45 am]
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