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Federal Register / Vol. 86, No. 134 / Friday, July 16, 2021 / Rules and Regulations
period under the Administrative Procedure Act. However, the Department chose to provide a 30-day period for post-promulgation public comment for each rule.
The Department received fewer than ten substantive comments on the two rules. The comments discussed the need to ensure that regulated parties have notice of legal obligations, and for enforcement actions to be predicated on statutes and regulations. Other comments noted the importance of issuing agency guidance to the public, as agencies use interpretative guidance to explain legal requirements and put them in context. The Department has considered these comments in connection with the decision to revoke the rules.
III. Conclusion After having considered Executive Order 13992, the views of the Departments components and their experience with the two rules, and the public comments on the two IFRs published in 2020, the Department has concluded that the best approach at this point is to revoke the two regulations, 28 CFR 50.26 and 50.27, in their entirety, effective immediately.
Revocation frees Department personnel, including those in its litigating components and those in components that issue guidance documents, from the overly prescriptive nature of these two regulations. Accordingly, this rule removes the regulations at 28 CFR 50.26
and 50.27.
The current provisions of the Justice Manual at sections 119.000 and 120.000 https www.justice.gov/jm/
justice-manual will be revised as appropriate at a later date. The new Attorney General Memorandum, issued concurrently with this rule, sets forth the Departments policies in this area going forward.
III. Regulatory Certifications
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A. Administrative Procedure Act This rule relates to a matter of agency management or personnel and is a rule of agency organization, procedure, or practice. As such, this rule is exempt from the usual requirements of prior notice and comment and a 30-day delay in effective date. See 5 U.S.C. 553a2, bA, d. The rule is effective upon signature. The Department, however, is, in its discretion, seeking postpromulgation public comment on this rulemaking.
B. Regulatory Flexibility Act A Regulatory Flexibility Analysis was not required for this final rule because
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the Department was not required to publish a general notice of proposed rulemaking for this matter. See 5 U.S.C.
6012, 604a.
C. Executive Orders 12866 and 13563
Regulatory Review This rule has been drafted and reviewed in accordance with Executive Order 12866, Regulatory Planning and Review, section 1b, The Principles of Regulation, and Executive Order 13563, Improving Regulation and Regulatory Review, section 1b, General Principles of Regulation.
This final rule is limited to agency organization, management, or personnel matters and thus is not a rule for purposes of review by the Office of Management and Budget OMB, a determination in which OMB has concurred. See Executive Order 12866, sec. 3d3. Accordingly, this rule has not been reviewed by OMB. The Department had claimed a similar exemption at the time of promulgating the two regulations 28 CFR 50.26 and 50.27 that are being revoked by this rule. See 85 FR 50951, 50952; 85 FR
63200, 63201.

G. Congressional Review Act This rule is not a major rule as defined by section 804 of the Congressional Review Act CRA, 5
U.S.C. 804. This action pertains to agency management or personnel, and agency organization, procedure, or practice, and does not substantially affect the rights or obligations of nonagency parties. Accordingly, it is not a rule as that term is used in the CRA, 5 U.S.C. 8043B, C, and the reporting requirement of 5 U.S.C. 801 does not apply.
H. Paperwork Reduction Act of 1995
This final rule does not impose any new reporting or recordkeeping requirements under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501
3521.
List of Subjects in 28 CFR Part 50
Administrative practice and procedure.
Accordingly, for the reasons set forth in the preamble, part 50 of chapter I of title 28 of the Code of Federal Regulations is amended as follows:
PART 50STATEMENTS OF POLICY

D. Executive Order 12988Civil Justice Reform

This regulation meets the applicable standards set forth in sections 3a and 3b2 of Executive Order 12988, Civil Justice Reform.

Authority: 5 U.S.C. 301; 18 U.S.C. 1162; 28
U.S.C. 509, 510, 516, and 519; 42 U.S.C. 1921
et seq., 1973c; and Pub. L. 107273, 116 Stat.
1758, 1824.

E. Executive Order 13132Federalism
1. The authority citation for part 50
continues to read as follows:

50.26 through 50.27
reserved
Removed and
2. Sections 50.26 and 50.27 are removed and reserved.

This rule 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 responsibilities among the various levels of government. Therefore, in accordance with Executive Order 13132, Federalism, the Department has determined that this rule does not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement.

F. Unfunded Mandates Reform Act of 1995

32 CFR Parts 169 and 169a
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 adjusted for inflation in any one year, and it will not significantly or uniquely affect small governments. Therefore, no actions are necessary under the provisions of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1501 et seq.

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Dated: July 1, 2021.
Merrick B. Garland, Attorney General.
FR Doc. 202114480 Filed 71521; 8:45 am BILLING CODE 4410BBP

DEPARTMENT OF DEFENSE
Office of the Secretary
Docket ID: DOD2019OS0113

Commercial Activities Program Office of the Secretary, Department of Defense DoD.
ACTION: Final rule.
AGENCY:

This final rule removes DoDs regulations concerning the Commercial Activities Program. The regulations are obsolete since they have been
SUMMARY:

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