[Federal Register Volume 90, Number 54 (Friday, March 21, 2025)]
[Rules and Regulations]
[Pages 13271-13272]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-04814]
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Rules and Regulations
Federal Register
________________________________________________________________________
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.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 90, No. 54 / Friday, March 21, 2025 / Rules
and Regulations
[[Page 13271]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 960
[Docket ID: OPM-2025-0005]
RIN 3206-AO82
Elimination of Federal Executive Boards
AGENCY: Office of Personnel Management.
ACTION: Final rule.
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SUMMARY: As directed by the Executive Order ``Commencing the Reduction
of the Federal Bureaucracy'' issued on February 19, 2025, the U.S.
Office of Personnel Management (OPM) removes the implementing
regulations for the Federal Executive Boards.
DATES: This final rule is effective on March 21, 2025.
FOR FURTHER INFORMATION CONTACT: Lindsey Griffing, Workforce Policy and
Innovation, U.S. Office of Personnel Management, at [email protected]
or by phone at (202) 606-1079.
SUPPLEMENTARY INFORMATION:
Background and Legal Authority
This final rule is issued pursuant to Executive Order (E.O.) 14217
``Commencing the Reduction of the Federal Bureaucracy'' (90 FR 10577,
February 25, 2025), which directed the Director of the OPM to
``initiate the process to withdraw the regulations at title 5, part
960, Code of Federal Regulations, thereby eliminating the Federal
Executive Boards.'' This action is taken under the authority vested in
the President by the Constitution and the laws of the United States of
America, including 5 United States Code (U.S.C.) 301 and 3 U.S.C. 301.
The Federal Executive Boards (FEBs) were established by President
John F. Kennedy to increase the effectiveness and economy of Federal
agencies by coordinating Government activities outside of the
Washington, DC area. Memorandum on the Need for Greater Coordination of
Regional and Field Activities of the Government--November 14, 1961,
1961 Pub. Papers 717 (1961) (``1961 PM''). The original establishment
of FEBs was not mandated by statute but was undertaken solely through
executive action by the President. The President transferred authority
for the FEBs to OPM in 1982, and OPM promulgated the part 960
regulations under which the FEBs ``are organized and function.'' (49 FR
34193, Aug. 29, 1984). E.O. 14217 revoked the 1961 PM and directed this
regulatory action. Just as the creation of the FEBs was consistent with
the President's authority to organize the executive branch as
recognized in title 5 of the U.S.C., similarly the elimination of the
FEBs falls within executive discretion.
As directed by E.O. 14217, all FEBs have ceased operations. All
property, records, and unexpended funds associated with FEBs have been
returned to their originating agencies or disposed of and archived by
OPM according to applicable Federal property management regulations.
Personnel formerly assigned to FEBs are being notified of reduction in
force (RIF) procedures or reassigned, in accordance with applicable
law, regulation and policy. Essential coordination functions previously
performed by FEBs have been reassigned to appropriate Federal agencies
as determined by OPM and agency heads.
This final rule removes the regulations governing FEBs at 5 CFR
part 960, which were issued pursuant to the authority of the 1961 PM
(49 FR 34193). Because E.O. 14217 revoked the 1961 PM, the authority
under which OPM implemented part 960 has been eliminated. In accordance
with the E.O., immediate action was taken to disband the FEBs and
implement a RIF for associated personnel prior to this regulatory
action. This final rule removes the obsolete regulations from the Code
of Federal Regulations.
Impact of This Rulemaking
The elimination of FEBs will reduce administrative overhead by
eliminating a bureaucratic organization the President has determined is
unnecessary. OPM anticipates that savings to the Government will
outweigh any costs associated with the transition.
Regulatory Compliance
1. Administrative Procedure Act
Pursuant to 5 U.S.C. 553(b)(B), OPM finds that there is good cause
to issue this final rule without prior notice and comment. In E.O.
14217, the President mandated the immediate elimination of FEBs, which
has already been implemented. This final rule merely codifies actions
already taken under direct Presidential authority and specific
Presidential direction. OPM lacks any discretion in this rulemaking
action. In addition, OPM now lacks authority for the part 960
regulations. No amount of public input could give OPM the authority to
reconstitute the FEBs under a presidential memorandum that has been
rescinded and ceased to have any effect. Therefore, notice and public
comment procedures are unnecessary.
Similarly, pursuant to 5 U.S.C. 553(d)(3), OPM finds that there is
good cause to make this final rule effective immediately upon
publication. This final rule codifies actions already taken under
direct Presidential authority and removes obsolete regulations that
have no legal effect. Removing the regulations immediately provides
transparency and may reduce confusion as the FEBs have already been
eliminated pursuant to E.O. 14217. Further, a delayed effective date
serves no practical purpose here since no adjustment period is needed
for any regulated party to come into or otherwise prepare for
compliance.
2. Regulatory Review
OPM has examined the impact of this rule as required by E.O.s 12866
and 13563, 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). A regulatory impact analysis must be
prepared for rules with effects of $100 million or more in any one
year. This rulemaking does not reach that threshold but has otherwise
been designated as a ``significant regulatory action'' under section
3(f) of E.O. 12866, as supplemented by E.O. 13563. This action is
considered an E.O. 14192 deregulatory action.
[[Page 13272]]
3. Regulatory Flexibility Act
The Director of the OPM certifies that this rulemaking will not
have a significant economic impact on a substantial number of small
entities because the rule will apply only to Federal agencies and
employees.
4. Federalism
This rulemaking will not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on distribution of power and responsibilities among the
various levels of government. Therefore, in accordance with E.O. 13132,
the Director of the OPM certifies that this rulemaking does not have
sufficient federalism implications to warrant preparation of a
Federalism Assessment.
5. Unfunded Mandates Reform Act
Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA)
requires that agencies assess anticipated costs and benefits before
issuing any rule that would impose spending costs on State, local, or
Tribal governments in the aggregate, or on the private sector, in any 1
year of $100 million in 1995 dollars, updated annually for inflation.
That threshold is currently approximately $206 million. This rulemaking
will not result in the expenditure by State, local, or Tribal
governments, in the aggregate, or by the private sector, in excess of
the threshold. Thus, no written assessment of unfunded mandates is
required.
7. Paperwork Reduction Act
This rulemaking does not impose any reporting or recordkeeping
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C.
chapter 35).
List of Subjects in 5 CFR Part 960
Organization and functions (Government agencies).
Office of Personnel Management.
Jerson Matias,
Federal Register Liaison.
0
For the reasons stated in the preamble, and under the authority of E.O.
14217, OPM removes 5 CFR part 960.
[FR Doc. 2025-04814 Filed 3-20-25; 8:45 am]
BILLING CODE 6325-39-P