Guidance Document Procedures Rescission, 19149-19151 [2021-07398]

Download as PDF Federal Register / Vol. 86, No. 69 / Tuesday, April 13, 2021 / Rules and Regulations jbell on DSKJLSW7X2PROD with RULES intermediate, grain at 0.2 ppm; Wheatgrass, intermediate, hay at 50 ppm; and Wheatgrass, intermediate, straw at 50 ppm. VI. Statutory and Executive Order Reviews This action establishes tolerances under FFDCA section 408(d) in response to a petition submitted to the Agency. The Office of Management and Budget (OMB) has exempted these types of actions from review under Executive Order 12866, entitled ‘‘Regulatory Planning and Review’’ (58 FR 51735, October 4, 1993). Because this action has been exempted from review under Executive Order 12866, this action is not subject to Executive Order 13211, entitled ‘‘Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use’’ (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled ‘‘Protection of Children from Environmental Health Risks and Safety Risks’’ (62 FR 19885, April 23, 1997). This action does not contain any information collections subject to OMB approval under the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), nor does it require any special considerations under Executive Order 12898, entitled ‘‘Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations’’ (59 FR 7629, February 16, 1994). Since tolerances and exemptions that are established on the basis of a petition under FFDCA section 408(d), such as the tolerances in this final rule, do not require the issuance of a proposed rule, the requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.), do not apply. This action directly regulates growers, food processors, food handlers, and food retailers, not States or tribes, nor does this action alter the relationships or distribution of power and responsibilities established by Congress in the preemption provisions of FFDCA section 408(n)(4). As such, the Agency has determined that this action will not have a substantial direct effect on States or Tribal Governments, on the relationship between the National Government and the States or Tribal Governments, or on the distribution of power and responsibilities among the various levels of government or between the Federal Government and Indian Tribes. Thus, the Agency has determined that Executive Order 13132, entitled ‘‘Federalism’’ (64 FR 43255, August 10, 1999) and Executive Order 13175, entitled ‘‘Consultation and Coordination with Indian Tribal VerDate Sep<11>2014 15:58 Apr 12, 2021 Jkt 253001 Governments’’ (65 FR 67249, November 9, 2000) do not apply to this action. In addition, this action does not impose any enforceable duty or contain any unfunded mandate as described under Title II of the Unfunded Mandates Reform Act (UMRA) (2 U.S.C. 1501 et seq.). This action does not involve any technical standards that would require Agency consideration of voluntary consensus standards pursuant to section 12(d) of the National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note). 19149 TABLE 1 TO PARAGRAPH (a)(1) Parts per million Commodity * * * * Tea, dried ..................................... * * * * Wheatgrass, intermediate, Wheatgrass, intermediate, Wheatgrass, intermediate, Wheatgrass, intermediate, * * * * * * forage grain ... hay ..... straw .. 0.3 50 0.2 50 50 * [FR Doc. 2021–07517 Filed 4–12–21; 8:45 am] BILLING CODE 6560–50–P VII. Congressional Review Act Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). List of Subjects in 40 CFR Part 180 Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides and pests, Reporting and recordkeeping requirements. Dated: April 7, 2021. Marietta Echeverria, Acting Director, Registration Division, Office of Pesticide Programs. Therefore, for the reasons stated in the preamble, EPA is amending 40 CFR chapter I as follows: PART 180—TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES IN FOOD 1. The authority citation for part 180 continues to read as follows: ■ Authority: 21 U.S.C. 321(q), 346a and 371. 2. In § 180.339, amend paragraph (a)(1) by designating the table as Table 1 to paragraph (a)(1) and adding in alphabetical order to newly designated Table 1 to paragraph (a)(1) entries for ‘‘Tea, dried’’; ‘‘Wheatgrass, intermediate, forage’’; ‘‘Wheatgrass, intermediate, grain’’; ‘‘Wheatgrass, intermediate, hay’’ and ‘‘Wheatgrass, intermediate, straw’’ to read as follows: ■ § 180.339 PO 00000 MCPA; tolerances for residues. (a) * * * (1) * * * Frm 00023 Fmt 4700 Sfmt 4700 COUNCIL ON ENVIRONMENTAL QUALITY 40 CFR Part 1519 RIN 0331–AA04 Guidance Document Procedures Rescission Council on Environmental Quality. ACTION: Final rule. AGENCY: On January 8, 2021, the Council on Environmental Quality (CEQ) issued a final rule to implement Executive Order (E.O.) 13891, ‘‘Promoting the Rule of Law Through Improved Agency Guidance Documents.’’ In accordance with E.O. 13992, ‘‘Revocation of Certain Executive Orders Concerning Federal Regulation,’’ this final rule rescinds CEQ’s rule on guidance document procedures. DATES: This final rule is effective April 13, 2021. FOR FURTHER INFORMATION CONTACT: Amy B. Coyle, Deputy General Counsel, Council on Environmental Quality, 730 Jackson Place NW, Washington, DC 20503, (202) 395–5750, amy.b.coyle@ ceq.eop.gov. SUPPLEMENTARY INFORMATION: E.O. 13891, ‘‘Promoting the Rule of Law Through Improved Agency Guidance Documents,’’ addressed the development, use, and public availability of agency guidance documents and required agencies to promulgate or update existing regulations setting forth their procedures for issuing guidance documents. 84 FR 55235 (Oct. 15, 2019). On January 8, 2021, CEQ issued a final rule, ‘‘Guidance Document Procedures’’ to implement E.O. 13891. 86 FR 1279. The final rule established 40 CFR part 1519 to establish guidance document procedures, procedures for the public to request withdrawal or modification of a SUMMARY: E:\FR\FM\13APR1.SGM 13APR1 19150 Federal Register / Vol. 86, No. 69 / Tuesday, April 13, 2021 / Rules and Regulations guidance document, and procedures for significant guidance documents. On January 20, 2021, President Biden issued E.O. 13992, ‘‘Revocation of Certain Executive Orders Concerning Federal Regulation,’’ to revoke a number of Executive orders, including E.O. 13891, with harmful policies and directives that threaten to frustrate the Federal Government’s ability to confront the urgent challenges facing the Nation, including the coronavirus disease 2019 (COVID–19) pandemic, economic recovery, racial justice, and climate change and to empower agencies to use appropriate regulatory tools to address these issues. 86 FR 7049 (Jan. 25, 2021). E.O. 13992 provides that ‘‘[t]o tackle these challenges effectively, [agencies] must be equipped with the flexibility to use robust regulatory action to address national priorities.’’ Section 3 of E.O. 13992 directs agencies to take steps to rescind any orders, rules, regulations, guidelines or policies, or portions thereof, implementing or enforcing the revoked Executive orders. After review and consideration, CEQ has concluded that its rule on guidance documents deprives CEQ 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, CEQ is issuing this final rule to rescind its regulations at 40 CFR part 1519. As has been CEQ’s practice predating the part 1519 regulations, CEQ will continue to make guidance available to the public on its websites, including www.nepa.gov and www.sustainability.gov. Additionally, in accordance with M–09–13, ‘‘Guidance for Regulatory Review,’’ 1 the Office of Management and Budget will continue to review all CEQ 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. jbell on DSKJLSW7X2PROD with RULES Rulemaking Analyses and Notices A. Regulatory Procedures Under the Administrative Procedure Act, an agency may waive notice and comment procedures if an action is an interpretative rule, a general statement of policy, or a rule of agency organization, procedure, or practice. See 5 U.S.C. 553(b)(A). CEQ has determined this rule is a rule of ‘‘agency organization, procedure, or practice’’ and, therefore, CEQ is not required to engage in a notice and comment 1 https://www.whitehouse.gov/sites/ whitehouse.gov/files/omb/memoranda/2009/m0913.pdf. VerDate Sep<11>2014 15:58 Apr 12, 2021 Jkt 253001 rulemaking process. Furthermore, because the rule is a procedural rule, rather than a substantive rule, it may be made effective immediately upon publication. See 5 U.S.C. 553(d). B. Regulatory Planning and Review (E.O. 12866 and E.O. 13563) E.O. 12866 provides that OIRA will review all significant rules. E.O. 13563 reaffirms the principles of E.O. 12866, calling for improvements in the Federal Government’s regulatory system to promote predictability, to reduce uncertainty, and to use the best, most innovative, and least burdensome tools for achieving regulatory objectives. OMB determined that this final rule does not meet the requirements for a significant regulatory action under E.O. 12866, as supplemented by E.O. 13563, and therefore it was not subject to review. C. National Environmental Policy Act The National Environmental Policy Act of 1969, 42 U.S.C. 4321 et seq., (NEPA) requires Federal agencies in their decision-making processes to consider the environmental effects of their proposed actions, disclose those impacts, and involve the public. The Council on Environmental Quality (CEQ) oversees the implementation of NEPA, 42 U.S.C. 4342, and issued NEPA implementing regulations at 40 CFR parts 1500 through 1508, which set forth the procedures for agencies to comply with NEPA. The CEQ regulations provide for three levels of NEPA review. For actions that are likely to have significant environmental effects, agencies must prepare an environmental impact statement (EIS). See 40 CFR part 1502. Agencies also can identify in their agency NEPA procedures categories of actions that normally do not have significant environmental effects, and then apply these categorical exclusions (CEs) to individual actions after considering whether there are extraordinary circumstances present that preclude the application of the CE. See 40 CFR 1501.4. Finally, for those actions that are not likely to have significant environmental effects and where the agency does not have an established CE, or for actions where the significance of the effects is unknown, agencies prepare an environmental assessment (EA) to comply with NEPA. See 40 CFR 1501.5. Because CEQ has not established CEs for its actions, it has prepared this EA to comply with NEPA for this rulemaking. PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 Purpose and Need As set forth in the supplemental information section of this final rule, the purpose and need is to take action to comply with E.O. 13992, which revoked E.O. 13891 and directed agencies to take steps to rescind any regulations implementing the E.O. Proposed Action and Alternatives The proposed action is to revoke 40 CFR part 1519, which CEQ promulgated to implement E.O. 13891. The no action alternative is to retain part 1519, which sets forth CEQ’s procedures for the development and issuance of guidance documents consistent with the direction in E.O. 13891 and the Office of Management and Budget memorandum M–20–02, ‘‘Guidance Implementing Executive Order 13891, Titled ‘Promoting the Rule of Law Through Improved Agency Guidance Documents.’ ’’ 2 These procedures define ‘‘guidance document’’ and required elements, including a title, document identification number, and date. Part 1519 also requires that all guidance documents contain a legal disclaimer, identification of any guidance document it revises or replaces, a summary of the guidance subject matter, identification of the activities to which and the persons to whom the guidance applies, and citations to relevant statutory and regulatory provisions. The procedures also require review by CEQ’s Office of the General Counsel and posting of documents on CEQ’s website. Finally, the regulations provide a procedure for the public to request withdrawal or modification of a guidance document. Environmental Effects Both the proposed action and the no action alterative likely would result in minimal environmental effects. CEQ issues guidance electronically by posting the documents online and emailing it to Federal agency contacts; therefore, to the extent this rulemaking would have any environmental effects, they would be on energy use by CEQ’s IT systems. However, this rulemaking neither increases or decreases the volume of CEQ’s guidance, but rather specifies the content and format of certain guidance documents. The proposed action gives CEQ increased 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. Further, as noted in the final rule, CEQ will continue to make 2 https://www.whitehouse.gov/wp-content/ uploads/2019/10/M-20-02-Guidance-Memo.pdf. E:\FR\FM\13APR1.SGM 13APR1 Federal Register / Vol. 86, No. 69 / Tuesday, April 13, 2021 / Rules and Regulations guidance available to Federal agencies and the public through its websites. CEQ does not anticipate the proposed action or no action alternative would have any impact on threatened or endangered species, land or water use, climate change, environmental justice communities, cultural resources, including historic properties, or any other resource category. List of Agencies and Persons Consulted jbell on DSKJLSW7X2PROD with RULES CEQ consulted with its internal experts, but did not consult with other agencies or persons. VerDate Sep<11>2014 15:58 Apr 12, 2021 Jkt 253001 Conclusion and Finding Based on this environmental assessment, CEQ finds that the proposed action will not have a significant effect on the environment. List of Subjects in 40 CFR Part 1519 Administrative practice and procedure, Guidance. 4321–4347; 42 U.S.C. 4371–4375; E.O. 13992, the Council on Environmental Quality amends subchapter B of chapter V in title 40 of the Code of Federal Regulations by removing and reserving part 1519. [FR Doc. 2021–07398 Filed 4–12–21; 8:45 am] BILLING CODE 3225–F1–P Matthew Lee-Ashley, Chief of Staff. PART 1519—[REMOVED AND RESERVED] For the reasons stated in the preamble and under the authority of 42 U.S.C. ■ PO 00000 Frm 00025 Fmt 4700 Sfmt 9990 19151 E:\FR\FM\13APR1.SGM 13APR1

Agencies

[Federal Register Volume 86, Number 69 (Tuesday, April 13, 2021)]
[Rules and Regulations]
[Pages 19149-19151]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07398]


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COUNCIL ON ENVIRONMENTAL QUALITY

40 CFR Part 1519

RIN 0331-AA04


Guidance Document Procedures Rescission

AGENCY: Council on Environmental Quality.

ACTION: Final rule.

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SUMMARY: On January 8, 2021, the Council on Environmental Quality (CEQ) 
issued a final rule to implement Executive Order (E.O.) 13891, 
``Promoting the Rule of Law Through Improved Agency Guidance 
Documents.'' In accordance with E.O. 13992, ``Revocation of Certain 
Executive Orders Concerning Federal Regulation,'' this final rule 
rescinds CEQ's rule on guidance document procedures.

DATES: This final rule is effective April 13, 2021.

FOR FURTHER INFORMATION CONTACT: Amy B. Coyle, Deputy General Counsel, 
Council on Environmental Quality, 730 Jackson Place NW, Washington, DC 
20503, (202) 395-5750, [email protected].

SUPPLEMENTARY INFORMATION: E.O. 13891, ``Promoting the Rule of Law 
Through Improved Agency Guidance Documents,'' addressed the 
development, use, and public availability of agency guidance documents 
and required agencies to promulgate or update existing regulations 
setting forth their procedures for issuing guidance documents. 84 FR 
55235 (Oct. 15, 2019). On January 8, 2021, CEQ issued a final rule, 
``Guidance Document Procedures'' to implement E.O. 13891. 86 FR 1279. 
The final rule established 40 CFR part 1519 to establish guidance 
document procedures, procedures for the public to request withdrawal or 
modification of a

[[Page 19150]]

guidance document, and procedures for significant guidance documents.
    On January 20, 2021, President Biden issued E.O. 13992, 
``Revocation of Certain Executive Orders Concerning Federal 
Regulation,'' to revoke a number of Executive orders, including E.O. 
13891, with harmful policies and directives that threaten to frustrate 
the Federal Government's ability to confront the urgent challenges 
facing the Nation, including the coronavirus disease 2019 (COVID-19) 
pandemic, economic recovery, racial justice, and climate change and to 
empower agencies to use appropriate regulatory tools to address these 
issues. 86 FR 7049 (Jan. 25, 2021). E.O. 13992 provides that ``[t]o 
tackle these challenges effectively, [agencies] must be equipped with 
the flexibility to use robust regulatory action to address national 
priorities.'' Section 3 of E.O. 13992 directs agencies to take steps to 
rescind any orders, rules, regulations, guidelines or policies, or 
portions thereof, implementing or enforcing the revoked Executive 
orders.
    After review and consideration, CEQ has concluded that its rule on 
guidance documents deprives CEQ 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, CEQ is issuing this final rule to rescind its regulations at 
40 CFR part 1519. As has been CEQ's practice predating the part 1519 
regulations, CEQ will continue to make guidance available to the public 
on its websites, including www.nepa.gov and www.sustainability.gov. 
Additionally, in accordance with M-09-13, ``Guidance for Regulatory 
Review,'' \1\ the Office of Management and Budget will continue to 
review all CEQ 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.
---------------------------------------------------------------------------

    \1\ https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/memoranda/2009/m09-13.pdf.
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Rulemaking Analyses and Notices

A. Regulatory Procedures

    Under the Administrative Procedure Act, an agency may waive notice 
and comment procedures if an action is an interpretative rule, a 
general statement of policy, or a rule of agency organization, 
procedure, or practice. See 5 U.S.C. 553(b)(A). CEQ has determined this 
rule is a rule of ``agency organization, procedure, or practice'' and, 
therefore, CEQ is not required to engage in a notice and comment 
rulemaking process. Furthermore, because the rule is a procedural rule, 
rather than a substantive rule, it may be made effective immediately 
upon publication. See 5 U.S.C. 553(d).

B. Regulatory Planning and Review (E.O. 12866 and E.O. 13563)

    E.O. 12866 provides that OIRA will review all significant rules. 
E.O. 13563 reaffirms the principles of E.O. 12866, calling for 
improvements in the Federal Government's regulatory system to promote 
predictability, to reduce uncertainty, and to use the best, most 
innovative, and least burdensome tools for achieving regulatory 
objectives. OMB determined that this final rule does not meet the 
requirements for a significant regulatory action under E.O. 12866, as 
supplemented by E.O. 13563, and therefore it was not subject to review.

C. National Environmental Policy Act

    The National Environmental Policy Act of 1969, 42 U.S.C. 4321 et 
seq., (NEPA) requires Federal agencies in their decision-making 
processes to consider the environmental effects of their proposed 
actions, disclose those impacts, and involve the public. The Council on 
Environmental Quality (CEQ) oversees the implementation of NEPA, 42 
U.S.C. 4342, and issued NEPA implementing regulations at 40 CFR parts 
1500 through 1508, which set forth the procedures for agencies to 
comply with NEPA.
    The CEQ regulations provide for three levels of NEPA review. For 
actions that are likely to have significant environmental effects, 
agencies must prepare an environmental impact statement (EIS). See 40 
CFR part 1502. Agencies also can identify in their agency NEPA 
procedures categories of actions that normally do not have significant 
environmental effects, and then apply these categorical exclusions 
(CEs) to individual actions after considering whether there are 
extraordinary circumstances present that preclude the application of 
the CE. See 40 CFR 1501.4. Finally, for those actions that are not 
likely to have significant environmental effects and where the agency 
does not have an established CE, or for actions where the significance 
of the effects is unknown, agencies prepare an environmental assessment 
(EA) to comply with NEPA. See 40 CFR 1501.5. Because CEQ has not 
established CEs for its actions, it has prepared this EA to comply with 
NEPA for this rulemaking.
Purpose and Need
    As set forth in the supplemental information section of this final 
rule, the purpose and need is to take action to comply with E.O. 13992, 
which revoked E.O. 13891 and directed agencies to take steps to rescind 
any regulations implementing the E.O.
Proposed Action and Alternatives
    The proposed action is to revoke 40 CFR part 1519, which CEQ 
promulgated to implement E.O. 13891. The no action alternative is to 
retain part 1519, which sets forth CEQ's procedures for the development 
and issuance of guidance documents consistent with the direction in 
E.O. 13891 and the Office of Management and Budget memorandum M-20-02, 
``Guidance Implementing Executive Order 13891, Titled `Promoting the 
Rule of Law Through Improved Agency Guidance Documents.' '' \2\ These 
procedures define ``guidance document'' and required elements, 
including a title, document identification number, and date. Part 1519 
also requires that all guidance documents contain a legal disclaimer, 
identification of any guidance document it revises or replaces, a 
summary of the guidance subject matter, identification of the 
activities to which and the persons to whom the guidance applies, and 
citations to relevant statutory and regulatory provisions. The 
procedures also require review by CEQ's Office of the General Counsel 
and posting of documents on CEQ's website. Finally, the regulations 
provide a procedure for the public to request withdrawal or 
modification of a guidance document.
---------------------------------------------------------------------------

    \2\ https://www.whitehouse.gov/wp-content/uploads/2019/10/M-20-02-Guidance-Memo.pdf.
---------------------------------------------------------------------------

Environmental Effects
    Both the proposed action and the no action alterative likely would 
result in minimal environmental effects. CEQ issues guidance 
electronically by posting the documents online and emailing it to 
Federal agency contacts; therefore, to the extent this rulemaking would 
have any environmental effects, they would be on energy use by CEQ's IT 
systems. However, this rulemaking neither increases or decreases the 
volume of CEQ's guidance, but rather specifies the content and format 
of certain guidance documents. The proposed action gives CEQ increased 
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. Further, as noted in the final rule, CEQ will continue 
to make

[[Page 19151]]

guidance available to Federal agencies and the public through its 
websites.
    CEQ does not anticipate the proposed action or no action 
alternative would have any impact on threatened or endangered species, 
land or water use, climate change, environmental justice communities, 
cultural resources, including historic properties, or any other 
resource category.
List of Agencies and Persons Consulted
    CEQ consulted with its internal experts, but did not consult with 
other agencies or persons.
Conclusion and Finding
    Based on this environmental assessment, CEQ finds that the proposed 
action will not have a significant effect on the environment.

List of Subjects in 40 CFR Part 1519

    Administrative practice and procedure, Guidance.

Matthew Lee-Ashley,
Chief of Staff.

PART 1519--[REMOVED AND RESERVED]

0
For the reasons stated in the preamble and under the authority of 42 
U.S.C. 4321-4347; 42 U.S.C. 4371-4375; E.O. 13992, the Council on 
Environmental Quality amends subchapter B of chapter V in title 40 of 
the Code of Federal Regulations by removing and reserving part 1519.

[FR Doc. 2021-07398 Filed 4-12-21; 8:45 am]
BILLING CODE 3225-F1-P