Review and Issuance of Agency Guidance Documents; Removal of Regulations, 28381 [2023-09531]

Agencies

• DEPARTMENT OF AGRICULTURE
• Office of the Secretary

[Federal Register Volume 88, Number 86 (Thursday, May 4, 2023)]
[Rules and Regulations]
[Page 28381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09531]



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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

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Federal Register / Vol. 88 , No. 86 / Thursday, May 4, 2023 / Rules 
and Regulations

[[Page 28381]]



DEPARTMENT OF AGRICULTURE

Office of the Secretary

7 CFR Part 1

[Docket No. USDA-2022-0004]


Review and Issuance of Agency Guidance Documents; Removal of 
Regulations

AGENCY: Office of the Secretary, USDA.

ACTION: Final rule.

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SUMMARY: The U.S. Department of Agriculture is amending its 
administrative regulations by removing the procedural regulations for 
the review and issuance of agency guidance documents. Those regulations 
were issued in accordance with Executive Order (E.O.) 13891, which was 
revoked January 20, 2021, by E.O. 13992. This final rule implements the 
direction in section 3 of E.O. 13992 to rescind any regulations that 
were issued to implement or enforce E.O. 13891.

DATES: Effective May 4, 2023.

FOR FURTHER INFORMATION CONTACT: Mr. Stephen O'Neill, Office of Budget 
and Program Analysis, USDA, 1400 Independence Avenue SW, Washington, DC 
20250-1400, (202) 720-0038 or [email protected].

SUPPLEMENTARY INFORMATION: In a final rule published in the Federal 
Register on June 3, 2020 (85 FR 34085-34087, Docket No. USDA-2020-
0006), and effective on July 6, 2020, the U.S. Department of 
Agriculture (USDA) amended its administrative regulations by adding 
procedural regulations for the review and issuance of agency guidance 
documents, as mandated by Executive Order (E.O.) 13891. Those 
regulations were added to the Department's regulations in title 7, part 
1, as a new subpart Q, ``Review and Issuance of Agency Guidance 
Documents'' (Sec. Sec.  1.900 through 1.911).
    E.O. 13992 of January 20, 2021, revoked E.O. 13891 among other 
regulations-related executive orders listed in section 2 of E.O. 13992. 
Section 3 of E.O. 13992 directed the heads of agencies to ``rescind any 
orders, rules, regulations, guidelines, or policies, or portions 
thereof, implementing or enforcing the Executive Orders identified in 
section 2 of this order.''
    Therefore, in accordance with E.O. 13992, the Department is 
removing the regulations it issued under E.O. 13891. This final rule 
removes, in their entirety, the regulations in 7 CFR part 1, subpart Q.
    This rule relates strictly to internal Departmental management. 
Therefore, pursuant to 5 U.S.C. 553(a)(2), notice of proposed 
rulemaking and opportunity to comment are not required.

Executive Order 12866

    This regulatory action does not meet the criteria for significant 
regulatory action pursuant to Executive Order 12866, Regulatory 
Planning and Review.
    The regulations removed by this rule were related the internal 
management of USDA. As such, they were for the use of USDA personnel 
only and did not create any right or benefit, substantive or 
procedural, enforceable at law or in equity by any party against the 
United States, its agencies or other entities, its officers or 
employees, or any other person. Accordingly, we expect the economic 
impact of removing those regulations, if any, to be minimal.

Regulatory Flexibility Act

    The provisions of the Regulatory Flexibility Act relating to an 
initial and final regulatory flexibility analysis (5 U.S.C. 603, 604) 
are not applicable to this final rule because USDA was not required to 
publish notice of proposed rulemaking under 5 U.S.C. 553 or any other 
law. Accordingly, a regulatory flexibility analysis is not required.

Paperwork Reduction Act

    This final rule does not contain information collection 
requirements that are not already required by law or not already 
approved for use. Accordingly, the review provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.) and its implementing 
regulations at 5 CFR part 1320 do not apply.

List of Subjects in 7 CFR Part 1

    Administrative practice and procedure, Antitrust, Claims, 
Cooperatives, Courts, Equal access to justice, Fraud, Freedom of 
information, Government employees, Indemnity payments, Lawyers, Motion 
pictures, Penalties, Privacy.

    Therefore, for the reasons set forth in the preamble, the 
Department is amending part 1 of title 7 of the Code of Federal 
Regulations as follows:

PART 1--ADMINISTRATIVE REGULATIONS

0
1. The authority citation for part 1 continues to read as follows:

    Authority: 5 U.S.C. 301, unless otherwise noted.

Subpart Q--[Removed]

0
2. Subpart Q, consisting of Sec. Sec.  1.900 through 1.911, is removed.

Anthony Shea,
Acting Deputy Secretary, U.S. Department of Agriculture.
[FR Doc. 2023-09531 Filed 5-3-23; 8:45 am]
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