Rule2024-29890
Promoting the Rule of Law Through Improved Agency Guidance Documents Rescission
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
December 18, 2024
Effective
December 18, 2024
Issuing agencies
Commerce Department
Abstract
This final rule rescinds the Department's regulations on guidance document procedures in accordance with a 2021 Executive order to revoke previous Executive orders concerning Federal regulation.
Full Text
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<title>Federal Register, Volume 89 Issue 243 (Wednesday, December 18, 2024)</title>
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[Federal Register Volume 89, Number 243 (Wednesday, December 18, 2024)]
[Rules and Regulations]
[Pages 102703-102704]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-29890]
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DEPARTMENT OF COMMERCE
15 CFR Part 29
[Docket No. 241211-0323]
RIN 0605-AA57
Promoting the Rule of Law Through Improved Agency Guidance
Documents Rescission
AGENCY: Department of Commerce.
ACTION: Final rule.
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SUMMARY: This final rule rescinds the Department's regulations on
guidance document procedures in accordance with a 2021 Executive order
to revoke previous Executive orders concerning Federal regulation.
DATES: This final rule is effective December 18, 2024.
FOR FURTHER INFORMATION CONTACT: Xenia Kler, Office of the Assistant
General Counsel for Legislation and Regulation, 202-482-5354, or via
email <a href="/cdn-cgi/l/email-protection#71091a1d14034031151e125f161e07"><span class="__cf_email__" data-cfemail="bbc3d0d7dec98afbdfd4d895dcd4cd">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
Executive Order 13891, ``Promoting the Rule of Law Through Improved
Agency Guidance Documents,'' sought to ensure that when Federal
agencies issue guidance documents, the agencies: do not treat those
guidance documents alone as imposing binding obligations both in law
and in practice, except as incorporated into a contract; take public
input into account in formulating significant guidance documents; and
make guidance documents readily available to the public. (84 FR 55235,
Oct. 15, 2019). On September 28, 2020, the Department issued an interim
final rule, ``Promoting the Rule of Law Through Improved Agency
Guidance Documents'' to implement E.O. 13891. (85 FR 60694). The
interim final rule established 15 CFR part 29 for guidance document
procedures, procedures for withdrawal or modification requests from the
public, and procedures for significant guidance documents.
On January 20, 2021, President Biden issued E.O. 13992,
``Revocation of Certain Executive Orders Concerning Federal
Regulation,'' revoking a number of Executive orders including E.O.
13891. (86 FR 7049, Jan. 25, 2021). E.O. 13992 directs agencies ``to
rescind any orders, rules, regulations, guidelines, or policies, or
portions thereof, implementing or enforcing the revoked Executive
orders.''
After review and consideration, the Department concluded that its
rule on guidance documents deprives the Department of necessary
flexibility in determining when and how best to issue guidance based on
particular facts and circumstances consistent with the policy directive
in E.O. 13992. Therefore, the Department is issuing this final rule to
rescind its regulations at 15 CFR part 29. The Department will continue
to pursue ways to make its guidance documents more accessible to the
public. Additionally, in accordance with M-09-13, ``Guidance for
Regulatory Review,'' the Office of Management and Budget will continue
[[Page 102704]]
to review the Department's actions and documents subject to the Office
of Information and Regulatory Affairs review under E.O. 12866. These
reviews include policy and guidance documents that OMB determines are
significant.
Classification
This final rule is a rule of agency organization, procedure, or
practice, codifying in the CFR the Department's existing procedures.
Therefore, pursuant to 5 U.S.C. 553(b)(3)(A), notice and public comment
are not required. Because a notice and public comment are not required
for this rule by 5 U.S.C. 553, or by any other law, the analytical
requirements of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.,
are not applicable. Accordingly, no regulatory flexibility analysis is
required and none has been prepared.
This rule has been determined to be not significant for purposes of
Executive Order 12866.
This rule does not have any collection of information requirements
under the Paperwork Reduction Act.
List of Subjects in 15 CFR Part 29
Administrative practice and procedure, Guidance documents.
PART 29--[REMOVED AND RESERVED]
0
For the reasons stated in the preamble and under the authority of 15
U.S.C. 1512, the Department of Commerce amends subtitle A in title 15
of the Code of Federal Regulations by removing and reserving part 29.
Dated: December 12, 2024.
Nell Abernathy,
Director, Office of Policy and Strategic Planning, U.S. Department of
Commerce.
[FR Doc. 2024-29890 Filed 12-17-24; 8:45 am]
BILLING CODE P
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