Rule2021-11204
Recission of Federal Mediation and Conciliation Rule on Administrative Guidance
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 1, 2021
Effective
June 1, 2021
Issuing agencies
Federal Mediation and Conciliation Service
Abstract
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.
Full Text
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<title>Federal Register, Volume 86 Issue 103 (Tuesday, June 1, 2021)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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;
<a href="/cdn-cgi/l/email-protection#f392809a9f8596819e929db3959e9080dd949c85"><span class="__cf_email__" data-cfemail="5e3f2d3732283b2c333f301e38333d2d70393128">[email protected]</span></a>.
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]
BILLING CODE P
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