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Federal Register / Vol. 86, No. 94 / Tuesday, May 18, 2021 / Rules and Regulations EPA program office or regional office that is responsible for administering the area of stakeholder interest. Finally, the EPA notes that guidance is non-binding and does not have the force and effect of law. Accordingly, the EPA will continue to include in all guidance a disclaimer that the guidance is nonbinding. Considering these practices regarding guidance, the EPA believes that rescinding the subpart D
regulations will restore the flexibilities needed effectively to address the challenges listed in E.O. 13992 and to otherwise meet the Agencys statutory duties.
Therefore, in accordance with E.O.
13992 and for the reasons stated above, the EPA is rescinding its internal agency procedures for issuing guidance documents codified at 40 CFR part 2, subpart D.
IV. Statutory and Executive Orders Reviews Additional information about these statues and Executive orders can be found at https www.epa.gov/lawsregulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review This action is exempt from review by the Office of Management and Budget OMB because it is a rule of agency procedure and practice and is limited to agency management.
B. Paperwork Reduction Act PRA
This action does not contain any information collection activities and therefore does not impose an information collection burden under the PRA.
C. Regulatory Flexibility Act RFA
This action is not subject to the RFA.
The RFA applies only to rules subject to notice and comment rulemaking requirements under the Administrative Procedure Act APA, 5 U.S.C. 553, or any other statute. This rule pertains to agency management or personnel, which the APA expressly exempts from notice and comment rulemaking requirements under 5 U.S.C. 553a2.

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D. Unfunded Mandates Reform Act UMRA
This action does not contain any unfunded mandate as described in UMRA, 2 U.S.C. 15311538, and does not significantly or uniquely affect small governments. The action imposes no enforceable duty on any state, local, or tribal governments or the private sector.

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E. Executive Order 13132: Federalism
List of Subjects in 40 CFR Part 2

This action does not have federalism implications. It 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.

Environmental protection, Administrative practice and procedure, Organization and functions Government agencies.

F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action does not have tribal implications as specified in Executive Order 13175. Thus, Executive Order 13175 does not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks The EPA interprets Executive Order 13045 as applying only to those regulatory actions that concern environmental health or safety risks that the EPA has reason to believe may disproportionately affect children. Per the definition of covered regulatory action in section 2202 of Executive Order 13891 and because this action does not concern an environmental health risk or safety risk, it is not subject to Executive Order 13045.
H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution or Use This action is not subject to Executive Order 13211 because it is not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act NTTAA
This rulemaking does not involve technical standards.
J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations The EPA believes that this action is not subject to Executive Order 12898 59
FR 7629, February 16, 1994 because it does not establish an environmental health or safety standard. This regulatory action is a procedural rule and does not have any impact on human health or the environment.
K. Congressional Review Act This rule is exempt from the CRA
because it is a rule of agency organization, procedure or practice that does not substantially affect the rights or obligations of non-agency parties.

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Michael S. Regan, Administrator.

For the reasons set forth in the preamble, the Environmental Protection Agency amends 40 CFR part 2 as follows:
PART 2PUBLIC INFORMATION
1. The authority citation for part 2 is revised to read as follows:

Authority: 5 U.S.C. 552, 552a, 553; 28
U.S.C. 509, 510, 534; 31 U.S.C. 3717.

Subpart D Removed 2. Remove subpart D, consisting of 2.501 through 2.507.

FR Doc. 202110269 Filed 51721; 8:45 am BILLING CODE 656050P

ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
EPAR07OAR20210171; FRL10023
93Region 7

Air Plan Approval; Nebraska;
Revisions to Title 115 of the Nebraska Administrative Code; Rules of Practice and Procedure Environmental Protection Agency EPA.
ACTION: Final rule.
AGENCY:

The Environmental Protection Agency EPA is taking final action to approve revisions to the State Implementation Plan SIP submitted by the State of Nebraska on September 24, 2020. This final action will amend the SIP to revise the Nebraska Administrative Code Nebraska Rules of Practice and Procedure. These rules describe the procedures the Nebraska Department of Environment and Energy NDEE, formerly the Nebraska Department of Environmental Quality NDEQ, will follow for proceedings under the Administrative Procedure Act. These proceedings include contested cases, rulemaking petitions, and declaratory rulings among others.
The revisions consolidate five chapters into a single chapter by removing duplicative language and incorporating by reference model rules of agency procedure promulgated by the Attorney General for agency use in accordance with the Administrative Procedure Act.

SUMMARY:

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