On-Site Civil Inspection Procedures; Rescission, 74371-74373 [2021-28282]

Download as PDF Federal Register / Vol. 86, No. 248 / Thursday, December 30, 2021 / Rules and Regulations responsibility for the accuracy of, and submits with its simplified annual reports filed electronically pursuant to § 403.4(b)(3) for the affiliated local labor organizations, the following certification properly completed and signed by the president and treasurer of the national organization: * * * * * productivity, innovation, or on the ability of the United States-based companies to compete with foreignbased companies in domestic and export markets. List of Subjects 29 CFR Part 403 Labor unions, Reporting and recordkeeping requirements, Trusts. § 403.5 29 CFR Part 408 ■ Labor unions, Reporting and recordkeeping requirements, Trusts and trustees. Accordingly, the Department amends 29 CFR parts 403 and 408 as set forth below: PART 403—LABOR ORGANIZATION ANNUAL FINANCIAL REPORTS 2. Amend § 403.2 by removing paragraph (d). ■ 3. Amend § 403.4 by revising paragraphs (b)(3) and (b)(6) introductory text to read as follows: ■ § 403.4 Simplified annual reports for smaller labor organizations. khammond on DSKJM1Z7X2PROD with RULES * * * * (b) * * * (3) The national organization with which it is affiliated assumes responsibility for the accuracy of a statement filed electronically, through the electronic filing system made available on the Office of LaborManagement Standards website, covering each local labor organization covered by this paragraph (b) and containing the following information with respect to each local organization: (i) The name and designation number or other identifying information; (ii) The file number which the Office of Labor-Management Standards has assigned to it; (iii) The mailing address; (iv) The beginning and ending date of the reporting period which must be the same as that of the report for the national organization; (v) The names and titles of the president and treasurer or corresponding principal officers as of the end of the reporting period; * * * * * (6) The national organization with which it is affiliated assumes 16:53 Dec 29, 2021 5. Amend § 403.8 by removing paragraph (b)(3). ■ PART 408—LABOR ORGANIZATION TRUSTEESHIP REPORTS Authority: Secs. 202, 207, 208, 73 Stat. 525, 529 (29 U.S.C. 432, 437, 438); Secretary’s Order No. 03–2012, 77 FR 69376, November 16, 2012. ■ 7. Revise § 408.5 to read as follows: § 408.5 [Amended] * Jkt 256001 [Amended] 6. The authority citation for part 408 continues to read as follows: Authority: Secs. 201, 207, 208, 301, 73 Stat. 524, 529, 530 (29 U.S.C. 431, 437, 438, 461); Secretary’s Order No. 03–2012, 77 FR 69376, November 16, 2012. VerDate Sep<11>2014 § 403.8 ■ 1. The authority citation for part 403 continues to read as follows: ■ § 403.2 [Amended] 4. Amend § 403.5 by removing paragraph (d). Annual financial report. During the continuance of a trusteeship, the labor organization which has assumed trusteeship over a subordinate labor organization, shall file with the Office of Labor-Management Standards on behalf of the subordinate labor organization the annual financial report required by part 403 of this chapter, signed by the president and treasurer or corresponding principal officers of the labor organization which has assumed such trusteeship, and the trustees of the subordinate labor organization on Form LM–2. Signed in Washington, DC, this 22nd day of December, 2021. Jeffrey R. Freund, Director, OLMS. [FR Doc. 2021–28266 Filed 12–29–21; 8:45 am] ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 31 [EPA-HQ–2020–03508; FRL–8540–01– OECA] On-Site Civil Inspection Procedures; Rescission Environmental Protection Agency (EPA). ACTION: Final rule; rescission of regulations. AGENCY: In accordance with the Presidential directive of January 20, SUMMARY: Frm 00019 Fmt 4700 2021, ‘‘Revocation of Certain Executive Orders Concerning Federal Regulation,’’ and in order to ensure appropriate flexibilities to site-specific inspection work, the Environmental Protection Agency (EPA) is rescinding its March 2, 2020 final rule describing certain Agency procedures for conducting onsite civil inspections. This rule applies to on-site civil inspections conducted by federally credentialed EPA civil inspectors, federally credentialed contractors and Senior Environmental Employment employees conducting inspections on behalf of EPA. DATES: This rule is effective on December 30, 2021. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-HQ–2020–03508. All documents in the docket are listed on the https://www.regulations.gov website. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available electronically through https:// www.regulations.gov. For information on the EPA Docket Center services and the current status, please visit us online at https://www.epa.gov/dockets. FOR FURTHER INFORMATION CONTACT: Chad Carbone, Monitoring, Assistance, and Media Programs Division, Office of Enforcement and Compliance Assurance (Mail Code 2221A), Environmental Protection Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460; telephone number: 202–564–2523; email address: carbone.chad@epa.gov. SUPPLEMENTARY INFORMATION: I. General Information A. What action is the Agency taking? BILLING CODE 4510–86–P PO 00000 74371 Sfmt 4700 In accordance with E.O. 13992, ‘‘Revocation of Certain Executive Orders Concerning Federal Regulation,’’ issued by President Biden on January 20, 2021 (86 FR 7049, January 25, 2021), and in order to ensure appropriate flexibilities to site-specific inspection work, the EPA is rescinding the final rule (85 FR 12224, March 2, 2020) that described certain Agency procedures for conducting on-site civil inspections. The prior final rule was promulgated to implement the now revoked E.O. 13892, ‘‘Promoting the Rule of Law Through Transparency and Fairness in Civil Administrative Enforcement and Adjudication’’ (84 FR 55239, October 9, 2019). E:\FR\FM\30DER1.SGM 30DER1 74372 Federal Register / Vol. 86, No. 248 / Thursday, December 30, 2021 / Rules and Regulations B. What is the Agency’s authority for taking this action? EPA’s policies and requirements surrounding inspection procedures are matters of agency organization, procedure, or practice that lack the force and effect of law. Accordingly, the EPA is not required to engage in a notice and comment process to issue or revise internal procedures under the Administrative Procedure Act (APA). See 5 U.S.C. 553(b)(3)(A), which provides that an agency may issue interpretive rules, general statements of policy, or rules of agency organization, procedure, or practice without providing notice and an opportunity for public comment. The EPA is providing an immediate effective date for this rulemaking because it is procedural rather than substantive. The APA’s requirement, 5 U.S.C. 553(d), that substantive rules not be effective until at least 30 days after publication in the Federal Register is inapplicable because this rulemaking is procedural. khammond on DSKJM1Z7X2PROD with RULES II. Background On October 9, 2019, President Trump issued E.O. 13892, ‘‘Promoting the Rule of Law Through Transparency and Fairness in Civil Administrative Enforcement and Adjudication.’’ Section 7 of the now revoked E.O., entitled Ensuring Reasonable Administrative Inspections, provided that: ‘‘Within 120 days of the date of this order, each agency that conducts civil administrative inspections shall publish a rule of agency procedure governing such inspections, if such a rule does not already exist.’’ Section 1, Policy, of E.O. 13892 implied that there was a need for a rule of Agency procedure, due to a perceived lack of transparency on how EPA conducts onsite civil administrative inspections. On March 2, 2020, the EPA published a final rule consistent with E.O. 13892. The final rule, codified at 40 CFR part 31, described certain EPA procedures for governing agency personnel on how to conduct EPA on-site civil inspections (85 FR 12224). On January 20, 2021, President Biden issued E.O. 13992, ‘‘Revocation of Certain Executive Orders Concerning Federal Regulation,’’ which revoked E.O. 13892. E.O. 13992 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 VerDate Sep<11>2014 16:53 Dec 29, 2021 Jkt 256001 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.’’ 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. III. Discussion The inspection rule being rescinded today converted a subset of what had been long-standing civil inspection practices, guided by applicable agency policies, into rules of Agency procedure by which ‘‘all’’ civil inspections ‘‘shall be conducted.’’ 40 CFR Part 31.1(a). Although not altering the rights of parties outside of EPA, the change from an Agency practice to a rule of procedure reduces the flexibility that is inherent in implementing agency policies in a case-by-case manner. The procedures for inspections must be adaptable to the site-specific conditions that the Agency faces in conducting its investigations. By rescinding the 2020 inspection rule, EPA is restoring the flexibility needed when carrying out civil inspections under a myriad of circumstances. Further, the EPA has concluded that the 2020 rule on civil inspections is unnecessary, since procedures described in this rule already exist in inspection guidances and manuals, which are accessible to the public through EPA’s website. Therefore, in accordance with E.O. 13992, the EPA is issuing this final rule to rescind the part 31 regulations. Section 1, Policy, of E.O. 13892 implied that there was a need for a rule of Agency procedure, due to a perceived lack of transparency on how EPA conducts on-site civil administrative inspections. The EPA notes, however, that the Agency has historically employed methods for public transparency of Agency procedures for conducting on-site civil inspections and will continue these transparency practices under current policies. (These Agency guidances and manuals on the procedures for on-site civil inspections are available to the public on the Agency’s website at https:// www.epa.gov.) In addition, the EPA has met and will meet all statutory obligations pertaining to posting documents for public accessibility. To the extent that concerns arise regarding Agency guidance, a person may— consistent with the APA—petition the PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 EPA, including a request to issue, amend, or repeal EPA guidance, by contacting the EPA program office or regional office that is responsible for administering the area of stakeholder interest. EPA believes that rescinding the part 31 regulations will restore the flexibilities needed to meet the Agency’s statutory duties. Therefore, in accordance with E.O. 13992 and for the reasons stated above, the EPA is rescinding its internal agency procedures for conducting on-site civil inspections codified at 40 CFR part 31. IV. Statutory and Executive Orders Reviews Additional information about these statutes and Executive orders can be found at https://www.epa.gov/lawsregulations/laws-and-executive-orders. A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review This action is exempt from review by the Office of Management and Budget (OMB) because it is a rule of agency procedure and practice and is limited to agency management. B. Paperwork Reduction Act (PRA) This action does not contain any information collection activities and therefore does not impose an information collection burden under the PRA. C. Regulatory Flexibility Act (RFA) This action is not subject to the RFA. The RFA applies only to rules subject to notice and comment rulemaking requirements under the Administrative Procedure Act (APA), 5 U.S.C. 553, or any other statute. This rule pertains to agency management or personnel, which the APA expressly exempts from notice and comment rulemaking requirements under 5 U.S.C. 553(a)(2). D. Unfunded Mandates Reform Act (UMRA) This action does not contain any unfunded mandate as described in UMRA, 2 U.S.C. 1531–1538, and does not significantly or uniquely affect small governments. The action imposes no enforceable duty on any state, local, or tribal governments or the private sector. E. Executive Order 13132: Federalism This action does not have federalism implications. It will not have substantial direct effects on the states, on the relationship between the National Government and the states, or on the distribution of power and E:\FR\FM\30DER1.SGM 30DER1 Federal Register / Vol. 86, No. 248 / Thursday, December 30, 2021 / Rules and Regulations responsibilities among the various levels of government. F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action does not have tribal implications as specified in Executive Order 13175. Thus, Executive Order 13175 does not apply to this action. H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution or Use I. National Technology Transfer and Advancement Act (NTTAA) This rulemaking does not involve technical standards. J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations The EPA believes that this action is not subject to Executive Order 12898 (59 FR 7629, February 16, 1994) because it does not establish an environmental health or safety standard. This regulatory action is a procedural rule and does not have any impact on human health or the environment. khammond on DSKJM1Z7X2PROD with RULES [FR Doc. 2021–28282 Filed 12–29–21; 8:45 am] BILLING CODE 6560–50–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 64 [CG Docket No. 17–59; FCC 21–126; FRS 63954] Advanced Methods To Target and Eliminate Unlawful Robocalls—Petition for Reconsideration and Request for Clarification of USTelecom—The Broadband Association Federal Communications Commission. ACTION: Final rule. AGENCY: This action is not a ‘‘significant energy action’’ because it is not likely to have a significant adverse effect on the supply, distribution or use of energy. This action is not subject to Executive Order 13211 because it is not a significant regulatory action under Executive Order 12866. K. Congressional Review Act This rule is exempt from the CRA because it is a rule of agency organization, procedure or practice that does not substantially affect the rights or obligations of non-agency parties. Jkt 256001 For the reasons set forth in the preamble, and under the authority of E.O. 13992, the Environmental Protection Agency removes and reserves 40 CFR part 31. ■ The EPA interprets Executive Order 13045 as applying only to those regulatory actions that concern environmental health or safety risks that the EPA has reason to believe may disproportionately affect children. Per the definition of ‘‘covered regulatory action’’ in section 2–202 of Executive Order 13891 and because this action does not concern an environmental health risk or safety risk, it is not subject to Executive Order 13045. 16:53 Dec 29, 2021 Michael S. Regan, Administrator. PART 31 [REMOVED AND RESERVED] G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks VerDate Sep<11>2014 List of Subjects in 40 CFR Part 31 Environmental protection, On-site civil inspection procedures. In this document, the Federal Communications Commission (Commission) reconsiders and clarifies certain aspects of the transparency and redress requirements previously adopted to ensure that voice service providers continue to block unwanted and illegal calls, while also protecting the interests of legitimate callers and consumers, also, granting a waiver to allow voice service providers terminating a call on an internet protocol (IP) network to use Session Initiation Protocol (SIP). DATES: This rule is effective January 31, 2022, except for the addition of § 64.1200(k)(10), which is delayed indefinitely. The Commission will publish a document in the Federal Register announcing the effective date of this amendment. Section 64.1200(k)(9)(i) is waived from January 1, 2022 until January 31, 2022. FOR FURTHER INFORMATION CONTACT: For additional information on this proceeding, contact Jerusha Burnett, Jerusha.Burnett@fcc.gov or (202) 418– 0526, of the Consumer and Governmental Affairs Bureau, Consumer Policy Division. SUPPLEMENTARY INFORMATION: This is a summary of the Commission’s Order on Reconsideration and Waiver Order, FCC 21–126, CG Docket No. 17–59, adopted SUMMARY: PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 74373 on December 10, 2021, and released on December 14, 2021. The full text of this document is available online at https:// www.fcc.gov/document/fcc-adoptsrobocall-blocking-reconsideration-order. To request this document in accessible formats for people with disabilities (e.g., Braille, large print, electronic files, audio format) or to request reasonable accommodations (e.g., accessible format documents, sign language interpreters, CART), send an email to fcc504@fcc.gov or call the FCC’s Consumer and Governmental Affairs Bureau at (202) 418–0530 (voice). Final Paperwork Reduction Act of 1995 Analysis The Order on Reconsideration contains a non-substantive modification to an approved information collection subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104–13. This modification will be submitted to the Office of Management and Budget (OMB) for review pursuant to OMB’s process for non-substantive changes. The Order on Reconsideration, therefore, does not contain any new or modified information collection burden for small business concerns with fewer than 25 employees, pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107–198, see 44 U.S.C. 3506(c)(4). The Waiver Order does not contain any new or modified information collection requirements subject to the Paperwork Reduction Act of 1995, Public Law 104–13. Congressional Review Act The Commission sent a copy of document FCC 21–126 to Congress and the Government Accountability Office pursuant to the Congressional Review Act, 5 U.S.C. 801(a)(1)(A). Synopsis 1. In the Order on Reconsideration, the Commission reconsiders and clarifies certain aspects of the transparency and redress requirements previously adopted in the Call Blocking Fourth Report and Order to ensure that voice service providers continue to block unwanted and illegal calls, while also protecting the interests of legitimate callers and consumers. In the Waiver Order, the Commission grants a waiver to allow voice service providers terminating a call on an IP network to use SIP Code 603 in addition to SIP Code 607 or 608 from January 1, 2022 until the effective date of the amendments to § 64.1200(k)(9) of the Commission’s rules. 2. The Commission previously permitted voice service providers to block certain categories of calls that are E:\FR\FM\30DER1.SGM 30DER1

Agencies

[Federal Register Volume 86, Number 248 (Thursday, December 30, 2021)]
[Rules and Regulations]
[Pages 74371-74373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-28282]


=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 31

[EPA-HQ-2020-03508; FRL-8540-01-OECA]


On-Site Civil Inspection Procedures; Rescission

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; rescission of regulations.

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

SUMMARY: In accordance with the Presidential directive of January 20, 
2021, ``Revocation of Certain Executive Orders Concerning Federal 
Regulation,'' and in order to ensure appropriate flexibilities to site-
specific inspection work, the Environmental Protection Agency (EPA) is 
rescinding its March 2, 2020 final rule describing certain Agency 
procedures for conducting on-site civil inspections. This rule applies 
to on-site civil inspections conducted by federally credentialed EPA 
civil inspectors, federally credentialed contractors and Senior 
Environmental Employment employees conducting inspections on behalf of 
EPA.

DATES: This rule is effective on December 30, 2021.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-HQ-2020-03508. All documents in the docket are listed 
on the https://www.regulations.gov website. Although listed in the 
index, some information is not publicly available, e.g., CBI or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available electronically through https://www.regulations.gov. For information on the EPA Docket Center services 
and the current status, please visit us online at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Chad Carbone, Monitoring, Assistance, 
and Media Programs Division, Office of Enforcement and Compliance 
Assurance (Mail Code 2221A), Environmental Protection Agency, 1200 
Pennsylvania Avenue NW, Washington, DC 20460; telephone number: 202-
564-2523; email address: [email protected].

SUPPLEMENTARY INFORMATION: 

I. General Information

A. What action is the Agency taking?

    In accordance with E.O. 13992, ``Revocation of Certain Executive 
Orders Concerning Federal Regulation,'' issued by President Biden on 
January 20, 2021 (86 FR 7049, January 25, 2021), and in order to ensure 
appropriate flexibilities to site-specific inspection work, the EPA is 
rescinding the final rule (85 FR 12224, March 2, 2020) that described 
certain Agency procedures for conducting on-site civil inspections. The 
prior final rule was promulgated to implement the now revoked E.O. 
13892, ``Promoting the Rule of Law Through Transparency and Fairness in 
Civil Administrative Enforcement and Adjudication'' (84 FR 55239, 
October 9, 2019).

[[Page 74372]]

B. What is the Agency's authority for taking this action?

    EPA's policies and requirements surrounding inspection procedures 
are matters of agency organization, procedure, or practice that lack 
the force and effect of law. Accordingly, the EPA is not required to 
engage in a notice and comment process to issue or revise internal 
procedures under the Administrative Procedure Act (APA). See 5 U.S.C. 
553(b)(3)(A), which provides that an agency may issue interpretive 
rules, general statements of policy, or rules of agency organization, 
procedure, or practice without providing notice and an opportunity for 
public comment. The EPA is providing an immediate effective date for 
this rulemaking because it is procedural rather than substantive. The 
APA's requirement, 5 U.S.C. 553(d), that substantive rules not be 
effective until at least 30 days after publication in the Federal 
Register is inapplicable because this rulemaking is procedural.

II. Background

    On October 9, 2019, President Trump issued E.O. 13892, ``Promoting 
the Rule of Law Through Transparency and Fairness in Civil 
Administrative Enforcement and Adjudication.'' Section 7 of the now 
revoked E.O., entitled Ensuring Reasonable Administrative Inspections, 
provided that: ``Within 120 days of the date of this order, each agency 
that conducts civil administrative inspections shall publish a rule of 
agency procedure governing such inspections, if such a rule does not 
already exist.'' Section 1, Policy, of E.O. 13892 implied that there 
was a need for a rule of Agency procedure, due to a perceived lack of 
transparency on how EPA conducts on-site civil administrative 
inspections. On March 2, 2020, the EPA published a final rule 
consistent with E.O. 13892. The final rule, codified at 40 CFR part 31, 
described certain EPA procedures for governing agency personnel on how 
to conduct EPA on-site civil inspections (85 FR 12224).
    On January 20, 2021, President Biden issued E.O. 13992, 
``Revocation of Certain Executive Orders Concerning Federal 
Regulation,'' which revoked E.O. 13892. E.O. 13992 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.'' 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.

III. Discussion

    The inspection rule being rescinded today converted a subset of 
what had been long-standing civil inspection practices, guided by 
applicable agency policies, into rules of Agency procedure by which 
``all'' civil inspections ``shall be conducted.'' 40 CFR Part 31.1(a). 
Although not altering the rights of parties outside of EPA, the change 
from an Agency practice to a rule of procedure reduces the flexibility 
that is inherent in implementing agency policies in a case-by-case 
manner. The procedures for inspections must be adaptable to the site-
specific conditions that the Agency faces in conducting its 
investigations. By rescinding the 2020 inspection rule, EPA is 
restoring the flexibility needed when carrying out civil inspections 
under a myriad of circumstances.
    Further, the EPA has concluded that the 2020 rule on civil 
inspections is unnecessary, since procedures described in this rule 
already exist in inspection guidances and manuals, which are accessible 
to the public through EPA's website.
    Therefore, in accordance with E.O. 13992, the EPA is issuing this 
final rule to rescind the part 31 regulations.
    Section 1, Policy, of E.O. 13892 implied that there was a need for 
a rule of Agency procedure, due to a perceived lack of transparency on 
how EPA conducts on-site civil administrative inspections. The EPA 
notes, however, that the Agency has historically employed methods for 
public transparency of Agency procedures for conducting on-site civil 
inspections and will continue these transparency practices under 
current policies. (These Agency guidances and manuals on the procedures 
for on-site civil inspections are available to the public on the 
Agency's website at https://www.epa.gov.) In addition, the EPA has met 
and will meet all statutory obligations pertaining to posting documents 
for public accessibility. To the extent that concerns arise regarding 
Agency guidance, a person may--consistent with the APA--petition the 
EPA, including a request to issue, amend, or repeal EPA guidance, by 
contacting the EPA program office or regional office that is 
responsible for administering the area of stakeholder interest.
    EPA believes that rescinding the part 31 regulations will restore 
the flexibilities needed to meet the Agency's statutory duties. 
Therefore, in accordance with E.O. 13992 and for the reasons stated 
above, the EPA is rescinding its internal agency procedures for 
conducting on-site civil inspections codified at 40 CFR part 31.

IV. Statutory and Executive Orders Reviews

    Additional information about these statutes and Executive orders 
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is exempt from review by the Office of Management and 
Budget (OMB) because it is a rule of agency procedure and practice and 
is limited to agency management.

B. Paperwork Reduction Act (PRA)

    This action does not contain any information collection activities 
and therefore does not impose an information collection burden under 
the PRA.

C. Regulatory Flexibility Act (RFA)

    This action is not subject to the RFA. The RFA applies only to 
rules subject to notice and comment rulemaking requirements under the 
Administrative Procedure Act (APA), 5 U.S.C. 553, or any other statute. 
This rule pertains to agency management or personnel, which the APA 
expressly exempts from notice and comment rulemaking requirements under 
5 U.S.C. 553(a)(2).

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. The action imposes no enforceable duty on any state, 
local, or tribal governments or the private sector.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the National Government and the states, or on the distribution of power 
and

[[Page 74373]]

responsibilities among the various levels of government.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications as specified in 
Executive Order 13175. Thus, Executive Order 13175 does not apply to 
this action.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children. Per the definition of ``covered regulatory action'' in 
section 2-202 of Executive Order 13891 and because this action does not 
concern an environmental health risk or safety risk, it is not subject 
to Executive Order 13045.

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution or Use

    This action is not a ``significant energy action'' because it is 
not likely to have a significant adverse effect on the supply, 
distribution or use of energy. This action is not subject to Executive 
Order 13211 because it is not a significant regulatory action under 
Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    The EPA believes that this action is not subject to Executive Order 
12898 (59 FR 7629, February 16, 1994) because it does not establish an 
environmental health or safety standard. This regulatory action is a 
procedural rule and does not have any impact on human health or the 
environment.

K. Congressional Review Act

    This rule is exempt from the CRA because it is a rule of agency 
organization, procedure or practice that does not substantially affect 
the rights or obligations of non-agency parties.

List of Subjects in 40 CFR Part 31

    Environmental protection, On-site civil inspection procedures.

Michael S. Regan,
Administrator.

PART 31 [REMOVED AND RESERVED]

0
For the reasons set forth in the preamble, and under the authority of 
E.O. 13992, the Environmental Protection Agency removes and reserves 40 
CFR part 31.
 [FR Doc. 2021-28282 Filed 12-29-21; 8:45 am]
 BILLING CODE 6560-50-P
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