[Federal Register Volume 89, Number 84 (Tuesday, April 30, 2024)]
[Rules and Regulations]
[Pages 34073-34074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09192]



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 Rules and Regulations
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
 to and codified in the Code of Federal Regulations, which is published 
 under 50 titles pursuant to 44 U.S.C. 1510.
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  Federal Register / Vol. 89, No. 84 / Tuesday, April 30, 2024 / Rules 
and Regulations  

[[Page 34073]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 120

RIN 3206-AO63


Guidance Procedures

AGENCY: Office of Personnel Management (OPM).

ACTION: Final rule.

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SUMMARY: This final rule removes existing regulations concerning 
procedures applicable to the issuance of OPM's guidance documents. OPM 
is taking this action because President Biden revoked the authority for 
the regulations in an Executive order (E.O.) on January 20, 2021. 
Furthermore, OPM finds that the current procedures are impracticable 
and lack the flexibility needed for issuing guidance internally.

DATES: This final rule is effective on May 30, 2024.

FOR FURTHER INFORMATION CONTACT: Kirsten J. Moncada, Executive 
Director, Office of the Executive Secretariat, Privacy, and Information 
Management at 202-936-0251.

SUPPLEMENTARY INFORMATION: 

I. Background

    Pursuant to E.O. 13891, ``Promoting the Rule of Law Through 
Improved Agency Guidance Documents,'' OPM published a final rule (85 FR 
65651, October 16, 2020) that established the procedures and 
requirements regarding the issuance, revision, and withdrawal of 
guidance documents codified at 5 CFR part 120. On January 20, 2021, 
President Biden issued E.O. 13992, ``Revocation of Certain Executive 
Orders Concerning Federal Regulation'' (86 FR 7049, January 25, 2021), 
which revoked several E.O.s, including E.O. 13891, and directed 
agencies to take the necessary steps to rescind regulations implemented 
pursuant to E.O. 13891. This rule fulfills that requirement. In 
accordance with E.O. 13992, OPM is removing 5 CFR part 120 from the 
Code of Federal Regulations.
    In addition to the procedural requirements established at 5 CFR 
part 120, OPM created a ``Guidance'' web page at https://www.opm.gov/guidance pursuant to E.O. 13891. OPM has found that it is impracticable 
to maintain a single, comprehensive, and up-to-date collection of 
guidance documents. In fact, most of OPM's website at https://www.opm.gov consists of guidance for prospective, current, and former 
employees; retirees and annuitants; and agencies. Very little of that 
guidance was issued as stand-alone documents susceptible to the 
processes set forth in 5 CFR part 120. Therefore, after consideration 
and review, OPM has concluded that the existing regulations create 
unnecessary burden for the agency and deprive the agency of necessary 
flexibility to determine how best to issue public guidance.
    Accordingly, OPM rescinds 5 CFR part 120 in its entirety and will 
remove the Guidance web page. As has been OPM's practice predating the 
rule, OPM will continue to make guidance available to the public on its 
website at https://www.opm.gov.

II. Waiver of Notice of Proposed Rulemaking

    Under the Administrative Procedure Act, an agency may waive the 
normal notice and comment procedures if the action is a rule of 
``agency organization, procedure, or practice.'' See 5 U.S.C. 
553(b)(A). The Civil Service Reform Act's additional provisions for 
rulemaking by OPM incorporate this exception. See 5 U.S.C. 1105. Since, 
like the rule it is rescinding, this rule is not a substantive rule but 
a rule of agency procedure, notice and comment are not necessary.

III. Expected Impact of This Rule

    This rule removes regulations pertaining to OPM's internal 
procedures on issuing guidance documents. As such, they were for the 
use of OPM personnel only and did not create any right or benefit, 
substantive or procedural, enforceable at law or in equity by any party 
against the United States, its agencies or other entities, its officers 
or employees, or any other person. 5 CFR 120.12. Accordingly, we expect 
the economic impact of removing those regulations, if any, to be 
minimal.

IV. Procedural Issues and Regulatory Review

A. Regulatory Review

    OPM has examined the impact of this rule as required by Executive 
Orders 12866, 13563, and 14094, which direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public, 
health, and safety effects, distributive impacts, and equity). OMB has 
determined this rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866, as amended by Executive Order 
14094.

B. Regulatory Flexibility Act

    A Regulatory Flexibility Analysis is not required for this final 
rule because OPM is not required to publish a general notice of 
proposed rulemaking for this matter. See 5 U.S.C. 601(2), 604(a).

C. Federalism

    OPM has examined this rule in accordance with Executive Order 
13132, ``Federalism,'' and has determined that this rule will not have 
any negative impact on the rights, roles and responsibilities of State, 
local, or Tribal governments. Therefore, in accordance with Executive 
Order 13132, ``Federalism,'' OPM has determined that this rule does not 
have sufficient federalism implications to warrant the preparation of a 
federalism summary impact statement.

D. Civil Justice Reform

    This regulation meets the applicable standards set forth in 
Executive Order 12988.

E. Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by State, local, and 
Tribal governments, in the aggregate, or by the private sector, of $100 
million or more in any year and it will not significantly or uniquely 
affect small governments. Therefore, no actions were deemed necessary 
under the provisions of the Unfunded Mandates Reform Act of 1995.

F. Paperwork Reduction Act of 1995

    This rule will not impose any reporting or recordkeeping 
requirements

[[Page 34074]]

subject to the Paperwork Reduction Act, 44 U.S.C. 3501-3521.

G. Congressional Review Act

    This action pertains to agency organization, procedure, or 
practice, and does not substantially affect the rights or obligations 
of non-agency parties. Accordingly, it is not a ``rule'' as that term 
is used in the Congressional Review Act, 5 U.S.C. 804(3)(C), and the 
reporting requirement of 5 U.S.C. 801 does not apply.

List of Subjects in 5 CFR Part 120

    Administrative practice and procedure.

PART 120 [REMOVED AND RESERVED]

0
For the reasons stated in the preamble, and under the authority of 5 
U.S.C. 301 and E.O. 13992, OPM removes and reserves 5 CFR part 120.

Office of Personnel Management.
Kayyonne Marston,
Federal Register Liaison.
[FR Doc. 2024-09192 Filed 4-29-24; 8:45 am]
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