Procedures for the Issuance of Guidance Documents, 7799 [2021-02036]

Download as PDF Federal Register / Vol. 86, No. 20 / Tuesday, February 2, 2021 / Rules and Regulations no way alters the legal effect of this document upon publication in the Federal Register. Signed in Washington, DC, on January 27, 2021. Treena V. Garrett, Federal Register Liaison Officer, U.S. Department of Energy. [FR Doc. 2021–02035 Filed 2–1–21; 8:45 am] BILLING CODE 6450–01–P DEPARTMENT OF ENERGY 10 CFR Part 1061 RIN 1990–AA50 Procedures for the Issuance of Guidance Documents Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Final rule; delay of effective date. AGENCY: This document delays the effective date of a recently published final rule establishing procedures for the issuance of Department of Energy guidance documents. DOE also seeks comment on any further delay of the effective date, including the impacts of such delay, as well comment on the legal, factual, or policy issues raised by the rule. DATES: The effective date of the final rule published January 6, 2021, at 86 FR 451, is delayed to March 21, 2021. Written comments and information will be accepted on or before March 4, 2021. FOR FURTHER INFORMATION CONTACT: Mr. Matthew Ring, U.S. Department of Energy, Office of the General Counsel, Forrestal Building, GC–33, 1000 Independence Avenue SW, Washington, DC 20585, (202) 586–2555, Email: Guidance@hq.doe.gov. SUPPLEMENTARY INFORMATION: On January 20, 2021, the Assistant to the President and Chief of Staff (‘‘Chief of Staff’’) issued a memorandum outlining the President’s plan for managing the Federal regulatory process at the outset of the new Administration. In implementation of one of the measures directed by that memorandum, the United States Department of Energy (‘‘DOE’’) hereby temporarily postpones the effective date of its final rule establishing procedures for the issuance of DOE guidance documents published in the Federal Register on January 6, 2021 (86 FR 451). The January 6, 2021 rule implemented Executive Order 13891, ‘‘Promoting the Rule of Law Through Improved Agency Guidance Documents’’ (84 FR 55235), which, jbell on DSKJLSW7X2PROD with RULES SUMMARY: VerDate Sep<11>2014 15:58 Feb 01, 2021 Jkt 253001 among other things, required agencies to provide more transparency for their guidance documents by creating a searchable online database for current guidance documents, and by establishing procedures to allow the public to comment on significant guidance documents and to petition the agency to withdraw or modify guidance documents. Consistent with the memorandum, DOE is temporarily postponing the effective date of the final rule by 60 days, starting from January 20, 2021. The temporary 60-day delay in the effective date is necessary to give DOE officials the opportunity for further review and consideration of new regulations, consistent with the Chief of Staff’s memorandum of January 20, 2021. To the extent that 5 U.S.C. 553 applies to this action, it is exempt from notice and comment because it constitutes a rule of procedure under 5 U.S.C. 553(b)(A). Alternatively, DOE’s implementation of this action without opportunity for public comment, effective immediately upon publication in the Federal Register, is based on the good cause exceptions in 5 U.S.C. 553(b)(B) and 5 U.S.C. 553(d)(3). Pursuant to 5 U.S.C. 553(b)(B), DOE has determined that good cause exists to forego the requirement to provide prior notice and an opportunity for public comment thereon for this rule as such procedures would be impracticable, unnecessary and contrary to the public interest. DOE is temporarily postponing for 60 days the effective date of this regulation pursuant to the previouslynoted memorandum of the Chief of Staff and is exercising no discretion in implementing this specific provision of the memorandum. As a result, seeking public comment on this delay is unnecessary and contrary to the public interest. For these same reasons, DOE finds good cause to waive the 30-day delay in effective date provided for in 5 U.S.C. 553(d). DOE is, however, seeking comment on any further delay of the effective date, including the impacts of such delay, as well comment on the legal, factual, or policy issues raised by the rule. Signing Authority This document of the Department of Energy was signed on January 26, 2021, by John T. Lucas, Acting General Counsel, Office of the General Counsel, pursuant to delegated authority from the Acting Secretary of Energy. That document with the original signature and date is maintained by DOE. For administrative purposes only, and in compliance with requirements of the Office of the Federal Register, the PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 7799 undersigned DOE Federal Register Liaison Officer has been authorized to sign and submit the document in electronic format for publication, as an official document of the Department of Energy. This administrative process in no way alters the legal effect of this document upon publication in the Federal Register. Signed in Washington, DC, on January 27, 2021. Treena V. Garrett, Federal Register Liaison Officer, U.S. Department of Energy. [FR Doc. 2021–02036 Filed 2–1–21; 8:45 am] BILLING CODE 6450–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 25 [Docket No. FAA–2020–0476; Special Conditions No. 25–780–SC] Special Conditions: TC InterInformatics A.S., Airbus Model A330– 243 Airplane; Single-Occupant, Oblique (Side-Facing) Seats With Inflatable Lapbelts Federal Aviation Administration (FAA), DOT. ACTION: Final special conditions; request for comments. AGENCY: SUMMARY: These special conditions are issued for the Airbus Model A330–243 series airplane. This airplane, as modified by TC Inter-Informatics A.S. (TC Inter-Informatics), will have a novel or unusual design feature when compared to the state of technology envisioned in the airworthiness standards for transport-category airplanes. This design feature is singleoccupant, oblique B/E Aerospace Super Diamond seats, equipped with inflatable lapbelts. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards. DATES: This action is effective on TC Inter-Informatics on February 2, 2021. Send comments on or before March 19, 2021. ADDRESSES: Send comments identified by Docket No. FAA–2020–0476 using any of the following methods: • Federal eRegulations Portal: Go to https://www.regulations.gov/ and follow E:\FR\FM\02FER1.SGM 02FER1

Agencies

[Federal Register Volume 86, Number 20 (Tuesday, February 2, 2021)]
[Rules and Regulations]
[Page 7799]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02036]


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DEPARTMENT OF ENERGY

10 CFR Part 1061

RIN 1990-AA50


Procedures for the Issuance of Guidance Documents

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Final rule; delay of effective date.

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

SUMMARY: This document delays the effective date of a recently 
published final rule establishing procedures for the issuance of 
Department of Energy guidance documents. DOE also seeks comment on any 
further delay of the effective date, including the impacts of such 
delay, as well comment on the legal, factual, or policy issues raised 
by the rule.

DATES: The effective date of the final rule published January 6, 2021, 
at 86 FR 451, is delayed to March 21, 2021. Written comments and 
information will be accepted on or before March 4, 2021.

FOR FURTHER INFORMATION CONTACT: Mr. Matthew Ring, U.S. Department of 
Energy, Office of the General Counsel, Forrestal Building, GC-33, 1000 
Independence Avenue SW, Washington, DC 20585, (202) 586-2555, Email: 
[email protected].

SUPPLEMENTARY INFORMATION: On January 20, 2021, the Assistant to the 
President and Chief of Staff (``Chief of Staff'') issued a memorandum 
outlining the President's plan for managing the Federal regulatory 
process at the outset of the new Administration. In implementation of 
one of the measures directed by that memorandum, the United States 
Department of Energy (``DOE'') hereby temporarily postpones the 
effective date of its final rule establishing procedures for the 
issuance of DOE guidance documents published in the Federal Register on 
January 6, 2021 (86 FR 451). The January 6, 2021 rule implemented 
Executive Order 13891, ``Promoting the Rule of Law Through Improved 
Agency Guidance Documents'' (84 FR 55235), which, among other things, 
required agencies to provide more transparency for their guidance 
documents by creating a searchable online database for current guidance 
documents, and by establishing procedures to allow the public to 
comment on significant guidance documents and to petition the agency to 
withdraw or modify guidance documents. Consistent with the memorandum, 
DOE is temporarily postponing the effective date of the final rule by 
60 days, starting from January 20, 2021. The temporary 60-day delay in 
the effective date is necessary to give DOE officials the opportunity 
for further review and consideration of new regulations, consistent 
with the Chief of Staff's memorandum of January 20, 2021.
    To the extent that 5 U.S.C. 553 applies to this action, it is 
exempt from notice and comment because it constitutes a rule of 
procedure under 5 U.S.C. 553(b)(A). Alternatively, DOE's implementation 
of this action without opportunity for public comment, effective 
immediately upon publication in the Federal Register, is based on the 
good cause exceptions in 5 U.S.C. 553(b)(B) and 5 U.S.C. 553(d)(3). 
Pursuant to 5 U.S.C. 553(b)(B), DOE has determined that good cause 
exists to forego the requirement to provide prior notice and an 
opportunity for public comment thereon for this rule as such procedures 
would be impracticable, unnecessary and contrary to the public 
interest. DOE is temporarily postponing for 60 days the effective date 
of this regulation pursuant to the previously-noted memorandum of the 
Chief of Staff and is exercising no discretion in implementing this 
specific provision of the memorandum. As a result, seeking public 
comment on this delay is unnecessary and contrary to the public 
interest. For these same reasons, DOE finds good cause to waive the 30-
day delay in effective date provided for in 5 U.S.C. 553(d). DOE is, 
however, seeking comment on any further delay of the effective date, 
including the impacts of such delay, as well comment on the legal, 
factual, or policy issues raised by the rule.

Signing Authority

    This document of the Department of Energy was signed on January 26, 
2021, by John T. Lucas, Acting General Counsel, Office of the General 
Counsel, pursuant to delegated authority from the Acting Secretary of 
Energy. That document with the original signature and date is 
maintained by DOE. For administrative purposes only, and in compliance 
with requirements of the Office of the Federal Register, the 
undersigned DOE Federal Register Liaison Officer has been authorized to 
sign and submit the document in electronic format for publication, as 
an official document of the Department of Energy. This administrative 
process in no way alters the legal effect of this document upon 
publication in the Federal Register.

    Signed in Washington, DC, on January 27, 2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2021-02036 Filed 2-1-21; 8:45 am]
BILLING CODE 6450-01-P


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