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Federal Register / Vol. 86, No. 94 / Tuesday, May 18, 2021 / Rules and Regulations

I. General Information

Dated: May 13, 2021.
A.M. Beach, Captain, U. S. Coast Guard, Captain of the Port Sector Ohio Valley.

A. What action is the Agency taking?

FR Doc. 202110464 Filed 51721; 8:45 am BILLING CODE 911004P

ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 2
EPAHQOA20200128, FRL1002407
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RIN 2010AA15

EPA Guidance; Administrative Procedures for Issuance and Public Petitions; Rescission
B. What is the Agencys authority for taking this action?

Environmental Protection Agency EPA.
ACTION: Final rule; rescission of regulations.
AGENCY:

In accordance with the Presidential directive of January 20, 2021, Revocation of Certain Executive Orders Concerning Federal Regulation, the Environmental Protection Agency EPA is rescinding its October 19, 2020, final rule establishing administrative procedures for issuing Agency guidance documents.
DATES: This final rule is effective on May 18, 2021.
ADDRESSES: The EPA has established a docket for this action under Docket ID
No. EPAHQOA20200128. All documents in the docket are listed on the https www.regulations.gov website. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute.
Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form.
Publicly available docket materials are available electronically through https
www.regulations.gov. For information on the EPA Docket Center services and the current status, please visit us online at https www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Sharon Cooperstein, Policy and Regulatory Analysis Division, Office of Regulatory Policy and Management Mail Code 1803A, Environmental Protection Agency, 1200 Pennsylvania Avenue Northwest, Washington, DC
20460; telephone number: 202564
7051; email address:
cooperstein.sharon@epa.gov.
SUPPLEMENTARY INFORMATION:

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SUMMARY:

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In accordance with E.O. 13992, Revocation of Certain Executive Orders Concerning Federal Regulation, issued by President Biden on January 20, 2021
86 FR 7049, January 25, 2021, the EPA
is rescinding the final rule 85 FR
66230, October 19, 2020 that established the procedures and requirements regarding the issuance, revision, and withdrawal of guidance documents. The prior final rule was promulgated to implement E.O. 13891, Promoting the Rule of Law Through Improved Agency Guidance Documents 84 FR 55235, October 15, 2019.

The revisions to the EPAs policies and requirements surrounding guidance are matters of agency organization, procedure, or practice that lack the force and effect of law. Accordingly, the EPA
is not required to engage in a notice and comment process to issue or revise internal procedures under the Administrative Procedure Act APA.
See 5 U.S.C. 553b3A, which provides that an agency may issue interpretive rules, general statements of policy, or rules of agency organization, procedure, or practice without providing notice and an opportunity for public comment. The EPA is providing an immediate effective date for this rulemaking because it is procedural rather than substantive. The APAs requirement, 5 U.S.C. 553d, that substantive rules not be effective until at least 30 days after publication in the Federal Register is inapplicable because this rulemaking is procedural.
II. Background On October 9, 2019, President Trump issued E.O. 13891, Promoting the Rule of Law Through Improved Agency Guidance Documents. The now revoked E.O. 13891 provided a specific definition of guidance documents and required Federal agencies to finalize regulations or amend existing regulations to establish processes and procedures for issuing guidance documents, among other actions. On October 19, 2020, the EPA published a final rule consistent with E.O. 13891.
The final rule, codified at 40 CFR part 2, subpart D, established the EPAs policy and internal procedures for issuing, modifying, withdrawing, and using guidance documents; making guidance documents available to the public; and receiving and responding to
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petitions about guidance documents 85
FR 66230.
On January 20, 2021, President Biden issued E.O. 13992, Revocation of Certain Executive Orders Concerning Federal Regulation, which revoked E.O. 13891. E.O. 13992 states that it is the policy of the Administration to use available tools to confront the urgent challenges facing the Nation, including the coronavirus disease 2019 COVID
19 pandemic, economic recovery, racial justice, and climate change. To tackle these challenges effectively, executive departments and agencies agencies must be equipped with the flexibility to use robust regulatory action to address national priorities. This order revokes harmful policies and directives that threaten to frustrate the Federal Governments ability to confront these problems, and empowers agencies to use appropriate regulatory tools to achieve these goals. Section 3 of E.O.
13992 directs agencies to take steps to rescind any orders, rules, regulations, guidelines or policies, or portions thereof, implementing or enforcing the revoked Executive orders.
III. Discussion After consideration and review, the EPA has concluded that the internal rule on guidance deprives the EPA of necessary flexibility in determining when and how best to issue public guidance based on particular facts and circumstances, and unduly restricts the EPAs ability to provide timely guidance on which the public can confidently rely. Therefore, in accordance with E.O.
13992, the EPA is issuing this final rule to rescind the subpart D regulations.
The EPAs stated purpose in issuing subpart D was to promote transparency and public involvement in the development and amendment of EPA
guidance documents. The EPA notes, however, that the Agency has historically employed procedures for public transparency and involvement in the development of all Agency actions, including guidance, and will continue these practices. The EPA will continue to make Agency guidance available to the public on the Agencys website at https www.epa.gov. In addition, the EPA will comply with all statutory obligations pertaining to posting documents for public accessibility. The EPA will also continue its practice, as appropriate, of soliciting stakeholder input on guidance of significant stakeholder and public interest.
Consistent with the APA, stakeholders may still petition the EPA at any time regarding our regulatory programs, including requests to issue, amend, or repeal EPA guidance, by contacting the
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