Rescission of Department of Labor Rule on Guidance, 7237-7238 [2021-01746]

Download as PDF Federal Register / Vol. 86, No. 16 / Wednesday, January 27, 2021 / Rules and Regulations for violation of a final order issued under section 5.25 or 5.26 of the Act: The maximum daily amount is $2,395 for violations that occur on or after January 15, 2021. (2) Amount of civil money penalty for violation of the Act or regulations: The maximum daily amount is $1,084 for each violation that occurs on or after January 15, 2021. (b) The maximum civil money penalty amount assessed under 42 U.S.C. 4012a(f) is $2,252 for each violation that occurs on or after January 15, 2021, with no cap on the total amount of penalties that can be assessed against any single institution during any calendar year. Dated: January 22, 2021. Dale Aultman, Secretary, Farm Credit Administration Board. [FR Doc. 2021–01796 Filed 1–26–21; 8:45 am] BILLING CODE 6705–01–P DEPARTMENT OF COMMERCE International Trade Administration 19 CFR Part 361 [Docket No. 210122–0011] RIN 0625–AB18 Aluminum Import Monitoring and Analysis System: Delay of Effective Date Enforcement and Compliance, International Trade Administration, Department of Commerce. ACTION: Final rule; delay of effective date; request for comments. AGENCY: The U.S. Department of Commerce (Commerce) is delaying the effective date of the final rule, entitled ‘‘Aluminum Import Monitoring and Analysis System,’’ from January 25, 2021 until March 29, 2021. Commerce is also soliciting comments on the final rule. SUMMARY: The effective date of the rule amending 19 CFR part 361published at 85 FR 83804 (Dec. 23, 2020), is delayed from January 25, 2021, to March 29, 2021. To be assured of consideration, written comments on the final rule must be received no later than February 26, 2021. ADDRESSES: Submit comments only through the Federal eRulemaking Portal at https://www.Regulations.gov, Docket No. ITA–2021–0001.1 Due to the khammond on DSKJM1Z7X2PROD with RULES DATES: 1 Comments on the previously issued proposed rule, Aluminum Import Monitoring and Analysis System, 85 FR 23748 (April 29, 2020) (Proposed VerDate Sep<11>2014 16:30 Jan 26, 2021 Jkt 253001 COVID–19 situation, Commerce is not able to accept comments submitted by mail or hand-delivery at this time. All comments submitted during the comment period permitted by this document will be a matter of public record and will generally be available on the Federal eRulemaking Portal at https://www.Regulations.gov. Commerce will not accept response comments accompanied by a request that part or all of the material be treated confidentially because of its business proprietary nature or for any other reason. Therefore, do not submit confidential business information or otherwise sensitive or protected information. Any questions concerning the process for submitting comments should be submitted to Enforcement & Compliance Communications office at (202) 482– 0063 or ECCommunications@trade.gov. The AIM system website is https:// www.trade.gov/aluminum. FOR FURTHER INFORMATION CONTACT: Julie Al-Saadawi at (202) 482–1930 or Jessica Link at (202) 482–1411. SUPPLEMENTARY INFORMATION: On December 23, 2020, Commerce published the final rule and accompanying regulations establishing the Aluminum Import Monitoring and Analysis (AIM) system.2 The original effective date for the Final Rule was January 25, 2021. Commerce is now delaying the effective date until March 29, 2021. This delay in effective date is necessary to allow the incoming Administration time to review the Final Rule and consider any additional comments before implementation. Unless otherwise announced, the majority of the final rule will be effective on March 29, 2021. The remaining portions of the final rule concerning an option to state ‘‘unknown’’ for certain fields on the aluminum license form will be effective on December 24, 2021, as originally stated in the final rule. For further background and information, see the Final Rule. Parties are invited to comment on all aspects of the Final Rule and the AIM system. The AIM system website (https:// www.trade.gov/aluminum) continues to be operational. However, licenses will not be required for covered aluminum imports until on or after March 29, 2021. Further guidance on licenses already issued and the issuance of new Rule), can be found by searching for the Proposed Rule on the Federal eRulemaking portal at https:// www.regulations.gov. 2 Aluminum Import Monitoring and Analysis System, 85 FR 83804 (Dec. 23, 2020) (Final Rule). PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 7237 licenses during the intervening period prior to March 29, 2021 will be provided on the AIM system website. Dated: January 22, 2021. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2021–01804 Filed 1–22–21; 4:15 pm] BILLING CODE 3510–DS–P DEPARTMENT OF LABOR Office of the Secretary 29 CFR Part 89 RIN 1290–AA41 Rescission of Department of Labor Rule on Guidance Office of the Secretary, U.S. Department of Labor. ACTION: Final rule; rescission of regulations. AGENCY: On August 28, 2020, the Department of Labor published a final rule on 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; making guidance available to the public; a notice and comment process for significant 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 the Department’s rule on guidance. DATES: This final rule is effective January 27, 2021. FOR FURTHER INFORMATION CONTACT: Erin FitzGerald, Senior Policy Advisor, U.S. Department of Labor, Room S–2312, 200 Constitution Avenue NW, Washington, DC 20210; telephone: (202) 693–5076 (this is not a toll-free number). SUPPLEMENTARY INFORMATION: SUMMARY: I. Discussion On August 28, 2020, the Department of Labor published an internal final rule on 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., the rule contained policy and requirements for issuing, modifying, withdrawing, and using guidance; making guidance available to the public; a notice and comment E:\FR\FM\27JAR1.SGM 27JAR1 7238 Federal Register / Vol. 86, No. 16 / Wednesday, January 27, 2021 / Rules and Regulations khammond on DSKJM1Z7X2PROD with RULES process for significant guidance; and taking and responding to petitions about guidance (85 FR 53163). 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. The January 20, 2021, E.O. states that it is the policy of the Administration ‘‘to use available tools to confront the urgent challenges facing the Nation, including the coronavirus disease 2019 (COVID– 19) pandemic, economic recovery, racial justice, and climate change. To tackle these challenges effectively, executive departments and agencies (agencies) must be equipped with the flexibility to use robust regulatory action to address national priorities. This order revokes harmful policies and directives that threaten to frustrate the Federal Government’s ability to confront these problems, and empowers agencies to use appropriate regulatory tools to achieve these goals.’’ After consideration and review, the Department has concluded that the internal rule on guidance deprives the Department and subordinate agencies of necessary flexibility in determining when and how best to issue public guidance based on particular facts and circumstances, and unduly restricts the Department’s ability to provide timely guidance on which the public can confidently rely. Therefore, in accordance with President Biden’s January 20, 2021, E.O., the Department is issuing this final rule, which rescinds the internal rule on guidance published at 85 FR 53163. II. Final Rule The Department has determined that this rule is suitable for final rulemaking. The revisions to the Department’s policies and requirements surrounding guidance are purely internal matters of agency management, as well as the agency’s organization, procedure, and practice. Accordingly, as with the August 2020 final rule, the Department is not required to engage in a notice and comment process to issue them under either the Administrative Procedure Act. See 5 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. The Department also finds good cause to VerDate Sep<11>2014 16:30 Jan 26, 2021 Jkt 253001 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 89 Administrative practice and procedure, Labor. PART 89 [REMOVED] For the reasons discussed in the preamble, and under the authority of 5 U.S.C. 301, the Department of Labor amends 29 CFR subtitle A by removing part 89. ■ Signed at Washington, DC. Stephanie Swirsky, Deputy Assistant Secretary of Labor for Policy. [FR Doc. 2021–01746 Filed 1–22–21; 4:15 pm] BILLING CODE 4510–HL–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2019–0911] Drawbridge Operation Regulation; Mobile River, Hurricane, AL Coast Guard, DHS. Notice of temporary deviation from regulations; request for comments. AGENCY: ACTION: The Coast Guard has issued a temporary deviation from the operating schedule that governs the CSX Transportation Railroad drawbridge across the Mobile River, mile 13.3 near Hurricane, Mobile County, Alabama. This deviation will test a change to the drawbridge operation schedule to determine whether a permanent change to the schedule is needed. The Coast Guard is seeking comments from the public regarding these proposed changes. SUMMARY: This deviation is effective without actual notice from 7:01 a.m. January 27, 2021 through 7 a.m. July 8, 2021. For the purposes of enforcement, actual notice will be used from 7 a.m. January 8, 2021 through 7 a.m. January 27, 2021. Comments and related material must reach the Coast Guard on or before July 8, 2021. ADDRESSES: You may submit comments identified by docket number USCG– 2019–0911 using Federal eRulemaking Portal at https://www.regulations.gov. DATES: PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section below for instructions on submitting comments. If you have questions on this test deviation, call or email Mr. Doug Blakemore. Eighth Coast Guard District Bridge Administration Branch Chief; telephone (504) 671–2128, email Douglas.A.Blakemore@uscg.mil. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: I. Background, Purpose and Legal Basis The CSX Transportation Railroad drawbridge has a vertical clearance of 5.5′ in the closed to navigation position and operates in accordance with 33 CFR 117.5. The CSX Railroad Company, the owner of the bridge requested to change operation of the bridge from a tended drawbridge to a remotely operated drawbridge. CSX has completed installation of a remote operation system at the bridge and a remote control center, located in Mobile, AL. At the bridge, CSX has installed infrared cameras, closed circuit cameras and TVs, communication systems and information technology systems on the bridge that allow an operator from Mobile to monitor and control the bridge. They have also developed an operations manual that remote operators use to control each bridge. The purpose of this test is to evaluate the impact to navigation safety and vessels reasonable ability to use the waterway while the drawbridge is operated from the CSX remote control center in Mobile, AL. The bridge’s operation schedule and methods to contact the bridge to open will remain the same. The waterway users include recreational vessels and commercial tows; which combined requires approximately six openings a day. The Coast Guard will inform the users of the waterways through our Local and Broadcast Notices to Mariners of the change in operating schedule for the bridge so that vessel operators can arrange their transits to minimize any impact caused by the temporary deviation. In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the end of the effective period of this temporary deviation. This deviation from the operating regulations is authorized under 33 CFR 117.35. E:\FR\FM\27JAR1.SGM 27JAR1

Agencies

[Federal Register Volume 86, Number 16 (Wednesday, January 27, 2021)]
[Rules and Regulations]
[Pages 7237-7238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01746]


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DEPARTMENT OF LABOR

Office of the Secretary

29 CFR Part 89

RIN 1290-AA41


Rescission of Department of Labor Rule on Guidance

AGENCY: Office of the Secretary, U.S. Department of Labor.

ACTION: Final rule; rescission of regulations.

-----------------------------------------------------------------------

SUMMARY: On August 28, 2020, the Department of Labor published a final 
rule on 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; making guidance available to the public; a notice 
and comment process for significant 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 the Department's rule on guidance.

DATES: This final rule is effective January 27, 2021.

FOR FURTHER INFORMATION CONTACT: Erin FitzGerald, Senior Policy 
Advisor, U.S. Department of Labor, Room S-2312, 200 Constitution Avenue 
NW, Washington, DC 20210; telephone: (202) 693-5076 (this is not a 
toll-free number).

SUPPLEMENTARY INFORMATION: 

I. Discussion

    On August 28, 2020, the Department of Labor published an internal 
final rule on 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., the rule contained 
policy and requirements for issuing, modifying, withdrawing, and using 
guidance; making guidance available to the public; a notice and comment

[[Page 7238]]

process for significant guidance; and taking and responding to 
petitions about guidance (85 FR 53163).
    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. The January 20, 2021, E.O. states 
that it is the policy of the Administration ``to use available tools to 
confront the urgent challenges facing the Nation, including the 
coronavirus disease 2019 (COVID-19) pandemic, economic recovery, racial 
justice, and climate change. To tackle these challenges effectively, 
executive departments and agencies (agencies) must be equipped with the 
flexibility to use robust regulatory action to address national 
priorities. This order revokes harmful policies and directives that 
threaten to frustrate the Federal Government's ability to confront 
these problems, and empowers agencies to use appropriate regulatory 
tools to achieve these goals.''
    After consideration and review, the Department has concluded that 
the internal rule on guidance deprives the Department and subordinate 
agencies of necessary flexibility in determining when and how best to 
issue public guidance based on particular facts and circumstances, and 
unduly restricts the Department's ability to provide timely guidance on 
which the public can confidently rely. Therefore, in accordance with 
President Biden's January 20, 2021, E.O., the Department is issuing 
this final rule, which rescinds the internal rule on guidance published 
at 85 FR 53163.

II. Final Rule

    The Department has determined that this rule is suitable for final 
rulemaking. The revisions to the Department's policies and requirements 
surrounding guidance are purely internal matters of agency management, 
as well as the agency's organization, procedure, and practice. 
Accordingly, as with the August 2020 final rule, the Department is not 
required to engage in a notice and comment process to issue them under 
either the Administrative Procedure Act. See 5 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. The Department 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 89

    Administrative practice and procedure, Labor.

PART 89 [REMOVED]

0
For the reasons discussed in the preamble, and under the authority of 5 
U.S.C. 301, the Department of Labor amends 29 CFR subtitle A by 
removing part 89.

    Signed at Washington, DC.
Stephanie Swirsky,
Deputy Assistant Secretary of Labor for Policy.
[FR Doc. 2021-01746 Filed 1-22-21; 4:15 pm]
BILLING CODE 4510-HL-P

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