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Federal Register / Vol. 86, No. 173 / Friday, September 10, 2021 / Rules and Regulations
Section
Summary of existing section
Changes made in this final rule
501.3

Discusses outline of the FMCs organizational components and references the organizational chart in appendix A.

501.4

Provides the lines of responsibility and the offices/components that report to the Chairman, the Commission, and the Office of the Managing Director.
Provides detailed descriptions of the functions of each organizational component and includes cross references to part 501, subpart C delegations of authority.
Description of the official seal

Retain in part 501 and revise to include brief description of each organizational component and reference the FMC
website.
Remove from part 501 and provide this information via the organizational chart on the Commission website.

501.5
501.11
501.21
501.23.27

501.41
Appendix A

Identifies the authority upon which the FMC may delegate its authority within the FMC. Provides general delegations of authority and rules relating to such delegations.
Contains specific delegations of authority to the General Counsel, the Secretary, Managing Director, Director of the Bureau of Certification and Licensing, and the Director of the Bureau of Trade Analysis.
Provides procedures related to how the public may secure and request information.
Organizational Chart

Because the changes made in this proceeding reflect changes made to the internal procedure and organization of the Commission, and are routine and administrative, this rule is published as final. See 5 U.S.C. 553bA excluding rules of agency organization, procedure, and practice from the notice and comment requirements of the Administrative Procedure Act.

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II. Rulemaking Analyses and Notices Congressional Review Act The final rule is not a rule as defined by the Congressional Review Act CRA, codified at 5 U.S.C. 801 et seq., and is not subject to the provisions of the CRA. The CRA adopts the Administrative Procedure Acts definition of a rule in 5 U.S.C. 551, subject to certain exclusions. See 5
U.S.C. 8043. In particular, the CRA
does not apply to rules relating to agency management and personnel and rules of agency organization, procedure, and practice that do not substantially affect the rights or obligations of nonagency parties. Id. This final rule relates to agency management and personnel as well as agency organization, procedures, and practices. Specifically, the final rule reflects changes to the internal management structure of the Commission, the elimination and addition of certain positions, and updates to out-of-date provisions regarding the Commissions internal organization. Neither the regulated community nor the public are substantially affected by these internal organizational changes. Therefore, the final rule is not a rule under the CRA
and is not subject to the CRAs requirements.

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Remove from part 501 and streamline the descriptions of the functions of the organizational components in 501.3.
Remove from part 501 and publish on the Commissions website.
Retain in part 501 and update.
Retain delegations in part 501 and revise.

Remove from part 501 because part 503 provides information on how to file an information request.
Remove from part 501 and continue to publish on the Commissions website.

Regulatory Flexibility Act The Regulatory Flexibility Act codified as amended at 5 U.S.C. 601
612 provides that whenever an agency promulgates a final rule after being required to publish a notice of proposed rulemaking under the Administrative Procedure Act APA 5 U.S.C. 553, the agency must prepare and make available for public comment a final regulatory flexibility analysis FRFA describing the impact of the rule on small entities.
5 U.S.C. 604. An agency is not required to publish a FRFA, however, for the following types of rules, which are excluded from the APAs notice-andcomment requirement: Interpretive rules; general statements of policy; rules of agency organization, procedure, or practice; and rules for which the agency for good cause finds that notice and comment is impracticable, unnecessary, or contrary to public interest. See 5
U.S.C. 553b. As explained above, this final rule is a rule of agency organization, procedure, or practice.
Therefore, the APA does not require publication of a notice of proposed rulemaking in this instance, and the Commission is not required to prepare a FRFA.
National Environmental Policy Act The Commissions regulations categorically exclude certain rulemakings from any requirement to prepare an environmental assessment or an environmental impact statement because they do not increase or decrease air, water, or noise pollution or the use of fossil fuels, recyclables, or energy. 46
CFR 504.4. This final rule makes changes to the Commissions internal organization and management structure,
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and thus falls within the categorical exclusion for matters related to Commission personnel. See 46 CFR
504.4a28. Therefore, no environmental assessment or environmental impact statement is required.
Paperwork Reduction Act The Paperwork Reduction Act of 1995
44 U.S.C. 35013521 requires an agency to seek and receive approval from the Office of Management and Budget OMB before collecting information from the public. 44 U.S.C.
3507. The agency must submit collections of information in rules to OMB in conjunction with the publication of the notice of proposed rulemaking. 5 CFR 1320.11. This final rule does not contain any collections of information, as defined by 44 U.S.C.
35023 and 5 CFR 1320.3c.
Effective Date The Administrative Procedure Act generally requires that a rule may not go into effect earlier than 30 days after publication in the Federal Register, unless an agency finds good cause for prescribing an earlier effective date. See 5 U.S.C. 553c3. As described above, the final rule reflects internal organizational changes that have already been made as part of the of the Commissions Agency Reform and LongTerm Workforce Plan, and these changes do not materially affect regulated entities or the public.
Accordingly, a delayed effective date is unnecessary, and the Commission finds that good cause exists for this rule to go into effect immediately upon publication in the Federal Register.

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