Guidance Procedures, 34073-34074 [2024-09192]
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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.
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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
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Agencies
[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