Guidance Procedures, 34073-34074 [2024-09192]

Download as PDF 34073 Rules and Regulations Federal Register Vol. 89, No. 84 Tuesday, April 30, 2024 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. OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 120 RIN 3206–AO63 Guidance Procedures Office of Personnel Management (OPM). ACTION: Final rule. AGENCY: This final rule removes existing regulations concerning procedures applicable to the issuance of OPM’s guidance documents. OPM is taking this action because President Biden revoked the authority for the regulations in an Executive order (E.O.) on January 20, 2021. Furthermore, OPM finds that the current procedures are impracticable and lack the flexibility needed for issuing guidance internally. DATES: This final rule is effective on May 30, 2024. FOR FURTHER INFORMATION CONTACT: Kirsten J. Moncada, Executive Director, Office of the Executive Secretariat, Privacy, and Information Management at 202–936–0251. SUPPLEMENTARY INFORMATION: SUMMARY: lotter on DSK11XQN23PROD with RULES1 I. Background Pursuant to E.O. 13891, ‘‘Promoting the Rule of Law Through Improved Agency Guidance Documents,’’ OPM published a final rule (85 FR 65651, October 16, 2020) that established the procedures and requirements regarding the issuance, revision, and withdrawal of guidance documents codified at 5 CFR part 120. On January 20, 2021, President Biden issued E.O. 13992, ‘‘Revocation of Certain Executive Orders Concerning Federal Regulation’’ (86 FR 7049, January 25, 2021), which revoked several E.O.s, including E.O. 13891, and directed agencies to take the necessary steps to rescind regulations implemented pursuant to E.O. 13891. This rule fulfills that requirement. In accordance with E.O. 13992, OPM is VerDate Sep<11>2014 16:24 Apr 29, 2024 Jkt 262001 removing 5 CFR part 120 from the Code of Federal Regulations. In addition to the procedural requirements established at 5 CFR part 120, OPM created a ‘‘Guidance’’ web page at https://www.opm.gov/guidance pursuant to E.O. 13891. OPM has found that it is impracticable to maintain a single, comprehensive, and up-to-date collection of guidance documents. In fact, most of OPM’s website at https:// www.opm.gov consists of guidance for prospective, current, and former employees; retirees and annuitants; and agencies. Very little of that guidance was issued as stand-alone documents susceptible to the processes set forth in 5 CFR part 120. Therefore, after consideration and review, OPM has concluded that the existing regulations create unnecessary burden for the agency and deprive the agency of necessary flexibility to determine how best to issue public guidance. Accordingly, OPM rescinds 5 CFR part 120 in its entirety and will remove the Guidance web page. As has been OPM’s practice predating the rule, OPM will continue to make guidance available to the public on its website at https://www.opm.gov. II. Waiver of Notice of Proposed Rulemaking Under the Administrative Procedure Act, an agency may waive the normal notice and comment procedures if the action is a rule of ‘‘agency organization, procedure, or practice.’’ See 5 U.S.C. 553(b)(A). The Civil Service Reform Act’s additional provisions for rulemaking by OPM incorporate this exception. See 5 U.S.C. 1105. Since, like the rule it is rescinding, this rule is not a substantive rule but a rule of agency procedure, notice and comment are not necessary. III. Expected Impact of This Rule This rule removes regulations pertaining to OPM’s internal procedures on issuing guidance documents. As such, they were for the use of OPM 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. 5 CFR 120.12. Accordingly, we expect the economic impact of removing those regulations, if any, to be minimal. PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 IV. Procedural Issues and Regulatory Review A. Regulatory Review OPM has examined the impact of this rule as required by Executive Orders 12866, 13563, and 14094, which direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public, health, and safety effects, distributive impacts, and equity). OMB has determined this rule is not a ‘‘significant regulatory action’’ under section 3(f) of Executive Order 12866, as amended by Executive Order 14094. B. Regulatory Flexibility Act A Regulatory Flexibility Analysis is not required for this final rule because OPM is not required to publish a general notice of proposed rulemaking for this matter. See 5 U.S.C. 601(2), 604(a). C. Federalism OPM has examined this rule in accordance with Executive Order 13132, ‘‘Federalism,’’ and has determined that this rule will not have any negative impact on the rights, roles and responsibilities of State, local, or Tribal governments. Therefore, in accordance with Executive Order 13132, ‘‘Federalism,’’ OPM has determined that this rule does not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement. D. Civil Justice Reform This regulation meets the applicable standards set forth in Executive Order 12988. E. Unfunded Mandates Reform Act of 1995 This rule will not result in the expenditure by State, local, and Tribal governments, in the aggregate, or by the private sector, of $100 million or more in any year and it will not significantly or uniquely affect small governments. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995. F. Paperwork Reduction Act of 1995 This rule will not impose any reporting or recordkeeping requirements E:\FR\FM\30APR1.SGM 30APR1 34074 Federal Register / Vol. 89, No. 84 / Tuesday, April 30, 2024 / Rules and Regulations subject to the Paperwork Reduction Act, 44 U.S.C. 3501–3521. G. Congressional Review Act This action pertains to agency organization, procedure, or practice, and does not substantially affect the rights or obligations of non-agency parties. Accordingly, it is not a ‘‘rule’’ as that term is used in the Congressional Review Act, 5 U.S.C. 804(3)(C), and the reporting requirement of 5 U.S.C. 801 does not apply. List of Subjects in 5 CFR Part 120 Administrative practice and procedure. PART 120 [REMOVED AND RESERVED] Table of Contents For the reasons stated in the preamble, and under the authority of 5 U.S.C. 301 and E.O. 13992, OPM removes and reserves 5 CFR part 120. ■ Office of Personnel Management. Kayyonne Marston, Federal Register Liaison. [FR Doc. 2024–09192 Filed 4–29–24; 8:45 am] BILLING CODE 6325–67–P DEPARTMENT OF ENERGY 10 CFR Part 1021 [DOE–HQ–2023–0063] RIN 1990–AA48 National Environmental Policy Act Implementing Procedures Office of the General Counsel, Department of Energy. ACTION: Final rule. AGENCY: The U.S. Department of Energy (DOE or the Department) is revising its National Environmental Policy Act (NEPA) implementing procedures (regulations) to add a categorical exclusion for certain energy storage systems and revise categorical exclusions for upgrading and rebuilding powerlines and for solar photovoltaic systems, as well as to make conforming changes to related sections of DOE’s NEPA regulations. These changes will help ensure that DOE conducts an appropriate and efficient environmental review of proposed projects that normally do not result in significant environmental impacts. DATES: This rule is effective May 30, 2024. lotter on DSK11XQN23PROD with RULES1 SUMMARY: Documents relevant to this rulemaking are posted at www.regulations.gov (Docket: DOE–HQ– ADDRESSES: VerDate Sep<11>2014 16:24 Apr 29, 2024 2023–0063). These documents include: the notice of proposed rulemaking, public comments, this final rule, and DOE’s Technical Support Document, which provides additional information regarding the changes and a redline/ strikeout version of affected sections of the DOE NEPA regulations indicating the changes made by this rule. FOR FURTHER INFORMATION CONTACT: For information regarding DOE’s NEPA regulations, contact Ms. Carrie Abravanel, Deputy Director, Office of NEPA Policy and Compliance, at carrie.abravanel@hq.doe.gov or 202– 586–4798. SUPPLEMENTARY INFORMATION: Jkt 262001 I. Introduction and Background II. Establishment and Use of Categorical Exclusions III. Changes Made in This Final Rule A. Overview B. Changes to Categorical Exclusion B4.13 for Upgrading and Rebuilding Existing Powerlines and Related Provisions C. New Categorical Exclusion B4.14 for Certain Energy Storage Systems and Related Provisions D. Changes to Categorical Exclusion B5.16 for Solar Photovoltaic Systems and Related Provisions IV. Comments Received and DOE’s Responses A. General Comments on Proposed Amendments B. Comments Regarding Upgrading and Rebuilding Powerlines C. Comments Regarding Energy Storage Systems D. Comments Regarding Solar Photovoltaic Systems V. Procedural Issues and Regulatory Review A. Review Under Executive Orders 12866, 13563, and 14094 B. Review Under Executive Orders 12898 and 14096 C. Review Under National Environmental Policy Act D. Review Under Regulatory Flexibility Act E. Review Under Paperwork Reduction Act F. Review Under Unfunded Mandates Reform Act of 1995 G. Review Under Treasury and General Government Appropriations Act, 1999 H. Review Under Executive Order 13132 I. Review Under Executive Order 12988 J. Review Under Treasury and General Government Appropriations Act, 2001 K. Review Under Executive Order 13211 L. Review Under Executive Order 12630 M. Congressional Notification VI. Approval of the Office of the Secretary I. Introduction and Background The National Environmental Policy Act, as amended, (42 U.S.C. 4321 et seq.) requires Federal agencies to provide a detailed statement regarding the environmental impacts of proposals for major Federal actions significantly affecting the quality of the human PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 environment. The Council on Environmental Quality (CEQ) regulations implementing NEPA (40 CFR parts 1500–1508) require agencies to develop their own NEPA implementing procedures to apply the CEQ regulations to their specific programs and decision-making processes (40 CFR 1507.3). DOE promulgated its regulations entitled ‘‘National Environmental Policy Act Implementing Procedures’’ (10 CFR part 1021) on April 24, 1992 (57 FR 15122), revised these regulations on five subsequent occasions,1 and now revises these regulations again with this rule. NEPA establishes three types of environmental review for Federal proposed actions—environmental impact statement, environmental assessment, and categorical exclusion— each involving different levels of information and analysis. An environmental impact statement is a detailed analysis of reasonably foreseeable environmental effects prepared for a major Federal action significantly affecting the quality of the human environment (42 U.S.C. 4332(2)(C) and 40 CFR part 1502 and section 1508.1(j)). An environmental assessment is a concise public document prepared by a Federal agency to set forth the basis for its finding of no significant impact or its determination that an environmental impact statement is necessary (42 U.S.C. 4336(b)(2) and 40 CFR 1501.5, 1501.6, and 1508.1(h)). A categorical exclusion is a category of actions that the agency has determined, as established in its agency NEPA procedures, normally does not have a significant effect on the human environment and therefore does not require preparation of an environmental assessment or environmental impact statement (40 CFR 1501.4, 1507.3(e)(2)(ii), and 1508.1(d)). DOE’s procedures for applying categorical exclusions require the Department to consider several conditions (described in section II of this document), including whether extraordinary circumstances exist such that a normally excluded action may have a significant environmental effect. II. Establishment and Use of Categorical Exclusions CEQ issued guidance in 2010 on establishing, applying, and revising categorical exclusions under NEPA (75 FR 75628; December 6, 2010). CEQ explained, ‘‘Categorical exclusions are 1 July 9, 1996 (61 FR 36222), December 6, 1996 (61 FR 64603), August 27, 2003 (68 FR 51429), October 13, 2011 (76 FR 63764), and December 4, 2020 (85 FR 78197). E:\FR\FM\30APR1.SGM 30APR1

Agencies

Office of Personnel Management

[Federal Register Volume 89, Number 84 (Tuesday, April 30, 2024)]
[Rules and Regulations]
[Pages 34073-34074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09192]



========================================================================
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. 

========================================================================


Federal Register / Vol. 89, No. 84 / Tuesday, April 30, 2024 / Rules 
and Regulations

[[Page 34073]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 120

RIN 3206-AO63


Guidance Procedures

AGENCY: Office of Personnel Management (OPM).

ACTION: Final rule.

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

SUMMARY: This final rule removes existing regulations concerning 
procedures applicable to the issuance of OPM's guidance documents. OPM 
is taking this action because President Biden revoked the authority for 
the regulations in an Executive order (E.O.) on January 20, 2021. 
Furthermore, OPM finds that the current procedures are impracticable 
and lack the flexibility needed for issuing guidance internally.

DATES: This final rule is effective on May 30, 2024.

FOR FURTHER INFORMATION CONTACT: Kirsten J. Moncada, Executive 
Director, Office of the Executive Secretariat, Privacy, and Information 
Management at 202-936-0251.

SUPPLEMENTARY INFORMATION: 

I. Background

    Pursuant to E.O. 13891, ``Promoting the Rule of Law Through 
Improved Agency Guidance Documents,'' OPM published a final rule (85 FR 
65651, October 16, 2020) that established the procedures and 
requirements regarding the issuance, revision, and withdrawal of 
guidance documents codified at 5 CFR part 120. On January 20, 2021, 
President Biden issued E.O. 13992, ``Revocation of Certain Executive 
Orders Concerning Federal Regulation'' (86 FR 7049, January 25, 2021), 
which revoked several E.O.s, including E.O. 13891, and directed 
agencies to take the necessary steps to rescind regulations implemented 
pursuant to E.O. 13891. This rule fulfills that requirement. In 
accordance with E.O. 13992, OPM is removing 5 CFR part 120 from the 
Code of Federal Regulations.
    In addition to the procedural requirements established at 5 CFR 
part 120, OPM created a ``Guidance'' web page at https://www.opm.gov/guidance pursuant to E.O. 13891. OPM has found that it is impracticable 
to maintain a single, comprehensive, and up-to-date collection of 
guidance documents. In fact, most of OPM's website at https://www.opm.gov consists of guidance for prospective, current, and former 
employees; retirees and annuitants; and agencies. Very little of that 
guidance was issued as stand-alone documents susceptible to the 
processes set forth in 5 CFR part 120. Therefore, after consideration 
and review, OPM has concluded that the existing regulations create 
unnecessary burden for the agency and deprive the agency of necessary 
flexibility to determine how best to issue public guidance.
    Accordingly, OPM rescinds 5 CFR part 120 in its entirety and will 
remove the Guidance web page. As has been OPM's practice predating the 
rule, OPM will continue to make guidance available to the public on its 
website at https://www.opm.gov.

II. Waiver of Notice of Proposed Rulemaking

    Under the Administrative Procedure Act, an agency may waive the 
normal notice and comment procedures if the action is a rule of 
``agency organization, procedure, or practice.'' See 5 U.S.C. 
553(b)(A). The Civil Service Reform Act's additional provisions for 
rulemaking by OPM incorporate this exception. See 5 U.S.C. 1105. Since, 
like the rule it is rescinding, this rule is not a substantive rule but 
a rule of agency procedure, notice and comment are not necessary.

III. Expected Impact of This Rule

    This rule removes regulations pertaining to OPM's internal 
procedures on issuing guidance documents. As such, they were for the 
use of OPM 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. 5 CFR 120.12. Accordingly, we expect 
the economic impact of removing those regulations, if any, to be 
minimal.

IV. Procedural Issues and Regulatory Review

A. Regulatory Review

    OPM has examined the impact of this rule as required by Executive 
Orders 12866, 13563, and 14094, which direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public, 
health, and safety effects, distributive impacts, and equity). OMB has 
determined this rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866, as amended by Executive Order 
14094.

B. Regulatory Flexibility Act

    A Regulatory Flexibility Analysis is not required for this final 
rule because OPM is not required to publish a general notice of 
proposed rulemaking for this matter. See 5 U.S.C. 601(2), 604(a).

C. Federalism

    OPM has examined this rule in accordance with Executive Order 
13132, ``Federalism,'' and has determined that this rule will not have 
any negative impact on the rights, roles and responsibilities of State, 
local, or Tribal governments. Therefore, in accordance with Executive 
Order 13132, ``Federalism,'' OPM has determined that this rule does not 
have sufficient federalism implications to warrant the preparation of a 
federalism summary impact statement.

D. Civil Justice Reform

    This regulation meets the applicable standards set forth in 
Executive Order 12988.

E. Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by State, local, and 
Tribal governments, in the aggregate, or by the private sector, of $100 
million or more in any year and it will not significantly or uniquely 
affect small governments. Therefore, no actions were deemed necessary 
under the provisions of the Unfunded Mandates Reform Act of 1995.

F. Paperwork Reduction Act of 1995

    This rule will not impose any reporting or recordkeeping 
requirements

[[Page 34074]]

subject to the Paperwork Reduction Act, 44 U.S.C. 3501-3521.

G. Congressional Review Act

    This action pertains to agency organization, procedure, or 
practice, and does not substantially affect the rights or obligations 
of non-agency parties. Accordingly, it is not a ``rule'' as that term 
is used in the Congressional Review Act, 5 U.S.C. 804(3)(C), and the 
reporting requirement of 5 U.S.C. 801 does not apply.

List of Subjects in 5 CFR Part 120

    Administrative practice and procedure.

PART 120 [REMOVED AND RESERVED]

0
For the reasons stated in the preamble, and under the authority of 5 
U.S.C. 301 and E.O. 13992, OPM removes and reserves 5 CFR part 120.

Office of Personnel Management.
Kayyonne Marston,
Federal Register Liaison.
[FR Doc. 2024-09192 Filed 4-29-24; 8:45 am]
BILLING CODE 6325-67-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.