1278 Federal Register / Vol. 86, No. 5 / Friday, January 8, 2021 / Rules and Regulations 

that goes into effect during a plan year 

beginning after December 31, 2014, so 

that a plan may meet the requirements 

of a funding improvement plan under 

section 305(c) of ERISA and section 

432(c) of the Code or a rehabilitation 

plan under section 305(e) of ERISA and 

section 432(e) of the Code, except to the 

extent that one of the following 

exceptions applies pursuant to section 

305(g)(3) of ERISA and section 432(g)(3) 

of the Code: 

(i) The increases in contribution 

requirements are due to increased levels 

of work, employment, or periods for 

which compensation is provided. 

(ii) The additional contributions are 

used to provide an increase in benefits, 

including an increase in future benefit 

accruals, permitted by section 

305(d)(1)(B) or (f)(1)(B) of ERISA and 

section 432(d)(1)(B) or (f)(1)(B) of the 

Code. 

(b) Simplified method for a plan that 

is no longer in endangered or critical 

status. A plan sponsor may amend a 

plan without PBGC approval to use the 

simplified method in this paragraph (b) 

for purposes of determining the highest 

contribution rate for a plan that is no 

longer in endangered or critical status. 

The highest contribution rate is the 

greater of— 

(1) The employer’s contribution rate 

as of the date that is the later of the last 

day of the first plan year that ends on 

or after December 31, 2014 and the last 

day of the plan year the employer first 

contributes to the plan (the ‘‘employer 

freeze date’’) plus any contribution 

increases after the employer freeze date, 

and before the employer’s withdrawal 

date that are determined in accordance 

with the rules under § 4219.3(a)(2)(ii); or 

(2) The highest contribution rate for 

any plan year after the plan year that 

includes the expiration date of the first 

collective bargaining agreement of the 

withdrawing employer requiring plan 

contributions that expires after the plan 

is no longer in endangered or critical 

status, or, if earlier, the date as of which 

the withdrawing employer renegotiated 

a contribution rate effective after the 

plan year the plan is no longer in 

endangered or critical status. 

(c) Example: The simplified method 

in paragraph (b) of this section is 

illustrated by the following example. 

(1) Facts. A contributing employer 

withdraws in plan year 2028, after the 

2027 expiration date of the first 

collective bargaining agreement 

requiring plan contributions that expires 

after the plan is no longer in critical 

status in plan year 2026. The plan 

sponsor determines that under the 

expiring collective bargaining agreement 

the employer’s $4.50 hourly 

contribution rate in plan year 2014 was 

required to increase each year to $7.00 

per hour in plan year 2025, to enable the 

plan to meet its rehabilitation plan. The 

plan sponsor determines that, over this 

period, a cumulative increase of $0.85 

per hour was used to fund benefit 

increases, as provided by plan 

amendment. Under a new collective 

bargaining agreement effective in 2027, 

the employer’s hourly contribution rate 

is reduced to $5.00. 

(2) Highest contribution rate. The plan 

sponsor determines that the employer’s 

highest contribution rate for purposes of 

section 4219(c) of ERISA is $5.35, 

because it is the greater of the highest 

rate in effect after the plan is no longer 

in critical status ($5.00) and the 

employer’s contribution rate in plan 

year 2014 ($4.50) plus any increases 

between 2015 and 2025 ($0.85) that 

were required to be taken into account 

under section 305(g)(3) of ERISA. 

(d) Effective and applicability dates. 

(1) Effective date. This section is 

effective on February 8, 2021. 

(2) Applicability date. This section 

applies to employer withdrawals from 

multiemployer plans that occur in plan 

years beginning on or after February 8, 

2021. 

Issued in Washington, DC. 

Gordon Hartogensis, 

Director, Pension Benefit Guaranty 

Corporation. 

[FR Doc. 2020–28866 Filed 1–7–21; 8:45 am] 

BILLING CODE 7709–02–P 

DEPARTMENT OF DEFENSE 

Department of the Army, Corps of 

Engineers 

33 CFR Part 220 

[COE–2020–0009] 

RIN 0710–AA85 

Design Criteria for Dam and Lake 

Projects 

AGENCY: U.S. Army Corps of Engineers, 

Department of Defense. 

ACTION: Final rule. 

SUMMARY: This final rule removes the 

U.S. Army Corps of Engineers’ part 

titled Design Criteria for Dam and Lake 

Projects. This part is out-of-date and 

otherwise covers internal agency 

operations that have no public 

compliance component or adverse 

public impact. Therefore, this part can 

be removed from the Code of Federal 

Regulations (CFR). 

DATES: This rule is effective on January 

8, 2021. 

ADDRESSES: Department of the Army, 

U.S. Army Corps of Engineers, ATTN: 

CECW–EC (Mr. Robert Bank), 441 G 

Street NW, Washington, DC 20314– 

1000. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Robert Bank at (202) 761–5532 or by 

email at Robert.Bank@usace.army.mil. 

SUPPLEMENTARY INFORMATION: 

This final rule removes from the 33 

CFR part 220, Design Criteria for Dam 

and Lake Projects providing policy, 

design, and report requirements for low 

level discharge facilities for drawdown 

of lakes to be impounded by Corps Civil 

Works projects. The rule was initially 

published in the Federal Register on 

May 8, 1975 (40 FR 20081), and 

amended on August 22, 1975 (40 FR 

36774). While the rule applies only to 

Corps design criteria on Corps dam and 

lake projects, it was published, at that 

time, in the Federal Register to aid 

public accessibility. 

The solicitation of public comment 

for this removal is unnecessary because 

the rule is out-of-date, duplicative of 

existing internal agency guidance, and 

otherwise covers internal agency 

operations that have no public 

compliance component or adverse 

public impact. For current public 

accessibility purposes, updated internal 

agency policy on this topic may be 

found in Engineer Manual 1110–2– 

1602, ‘‘Hydraulic Design of Reservoir 

Outlet Works’’ (available at https://

www.publications.usace.army.mil/ 

Portals/76/Publications/ 

EngineerManuals/EM_1110-2-1602.pdf). 

The agency policy is only applicable to 

field operating activities having 

responsibility for the design of Corps 

Civil Works projects and provides 

guidance specific to the Corps’ 

hydraulic design analysis of reservoir 

outlet works facilities. 

This rule removal is being conducted 

to reduce confusion for the public as 

well as for the Corps regarding the 

current policy which governs the Corps’ 

design criteria for Corps dam and lake 

projects. Because the regulation does 

not place a burden on the public, its 

removal does not provide a reduction in 

public burden or costs. 

This rule is not significant under 

Executive Order (E.O.) 12866, 

‘‘Regulatory Planning and Review.’’ 

Therefore, the requirements of E.O. 

13771, ‘‘Reducing Regulation and 

Controlling Regulatory Costs,’’ do not 

apply. This removal supports a 

recommendation of the DoD Regulatory 

Reform Task Force. 

List of Subjects in 33 CFR Part 220 

Dams, Flood control. 


tkelley on DSKBCP9HB2PROD with RULES
Federal Register / Vol. 86, No. 5 / Friday, January 8, 2021 / Rules and Regulations 1279 

1 84 FR 55235 (Oct. 15, 2019). 

2OMB M–20–02 is available at https://

www.whitehouse.gov/wp-content/uploads/2019/10/ 

M-20-02-Guidance-Memo.pdf. 

3 E.O. 13891 section 2(b) lists the following as 

exclusions to the definition of guidance document. 

84 FR at 55235–36. 

4CEQ’s website, whitehouse.gov/ceq/resources, 

includes links to CEQ guidance documents and 

resources, some of which are provided on nepa.gov 

and sustainability.gov. 

PART 220—[REMOVED] 

■ Accordingly, for the reasons stated in 

the preamble and under the authority of 

5 U.S.C. 301, the Corps removes 33 CFR 

part 220. 

R.D. James, 

Assistant Secretary of the Army (Civil Works). 

[FR Doc. 2020–27908 Filed 1–7–21; 8:45 am] 

BILLING CODE 3720–58–P 

COUNCIL ON ENVIRONMENTAL 

QUALITY 

40 CFR Part 1519 

RIN 0331–AA04 

Guidance Document Procedures 

AGENCY: Council on Environmental 

Quality. 

ACTION: Final rule. 

SUMMARY: Pursuant to Executive Order 

(E.O.) 13891, ‘‘Promoting the Rule of 

Law Through Improved Agency 

Guidance Documents,’’ this final rule 

establishes the process that the Council 

on Environmental Quality (CEQ) will 

follow for issuing guidance documents. 

E.O. 13891 requires Federal agencies to 

finalize regulations or amend existing 

regulations to establish processes and 

procedures for issuing guidance 

documents. 

DATES: This rule is effective January 8, 

2021. 

FOR FURTHER INFORMATION CONTACT: 

Amy B. Coyle, Deputy General Counsel, 

Council on Environmental Quality, 730 

Jackson Place NW, Washington, DC 

20503, (202) 395–5750, amy.b.coyle@

ceq.eop.gov. 

SUPPLEMENTARY INFORMATION: 

On October 9, 2019, President Trump 

issued E.O. 13891,1 which addresses the 

development, use, and public 

availability of agency guidance 

documents. It requires agencies to 

promulgate or update existing 

regulations setting forth their 

procedures for issuing guidance 

documents. In accordance with section 

6 of E.O. 13891, on October 31, 2019, 

the Office of Management and Budget 

(OMB) issued memorandum M–20–02, 

‘‘Guidance Implementing Executive 

Order 13891, Titled ‘Promoting the Rule 

of Law Through Improved Agency 

Guidance Documents’ ’’ (OMB M–20– 

02) 2 to provide guidance and 

implement the Executive order. OMB 

M–20–02 provides agencies with 

additional instruction on how to 

implement E.O. 13891, including the 

required rulemaking. 

I. Summary of Final Rule 

In this final rule, CEQ adds a new part 

1519 to the Code of Federal Regulations 

to set out its procedures for the 

development and issuance of guidance 

documents consistent with the direction 

and reflecting the policies described in 

E.O. 13891 and OMB M–20–02. 

A. Section 1519.1, ‘‘Purpose’’ 

Section 1519.1, ‘‘Purpose,’’ states that 

the purpose of part 1519 is to 

implement E.O. 13891, and explains 

CEQ’s process for developing and 

issuing guidance. 

B. Section 1519.2, ‘‘Guidance Document 

Procedures’’ 

Section 1519.2, ‘‘Guidance document 

procedures,’’ defines ‘‘guidance 

documents’’ in paragraph (a) and 

describes documents that do not meet 

that definition in paragraph (b), 

consistent with section 2(b) 3 of the E.O. 

and Q2 of OMB M–20–02. 

Paragraph (c) of § 1519.2 lists the 

minimum requirements for any 

document meeting the definition of a 

guidance document consistent with Q22 

of OMB M–20–02, including a title, 

unique identification number, date, 

indication of whether it revises or 

replaces prior guidance, summaries, and 

legal citations. Additionally, consistent 

with section 4(i) of E.O. 13891, 

paragraph (c)(6) includes a requirement 

that each guidance document clearly 

state that it does not bind the public, 

except as authorized by law or as 

incorporated into a contract. 

Paragraph (c)(11) of § 1519.2 specifies 

that any guidance document must be 

posted on CEQ’s website. E.O. 13891 

also directed Federal agencies to make 

guidance documents publicly available 

in an indexed, searchable database 

online. As described in the Federal 

Register notice published today, CEQ 

has complied with this requirement 

through its website whitehouse.gov/ceq/ 

resources.4 As noted on this website, 

CEQ may not cite, use, or rely on any 

guidance that is not posted on its web 

pages except to establish historical facts. 

CEQ also makes clear that CEQ’s 

guidance documents lack the force and 

effect of law, unless expressly 

authorized by statute or incorporated 

into a contract. 

Finally, paragraph (d) of § 1519.2 

requires the CEQ Office of the General 

Counsel to review and clear all guidance 

documents before CEQ issues them. 

C. Section 1519.3, ‘‘Procedures for the 

Public To Request Withdrawal or 

Modification of a Guidance Document’’ 

Consistent with section 4(ii) of E.O. 

13891, § 1519.3, ‘‘Procedures for the 

public to request withdrawal or 

modification of a guidance document,’’ 

addresses the process for members of 

the public to petition CEQ to withdraw 

or modify a particular guidance 

document, including designation of the 

Office of the General Counsel as the 

office within CEQ to which the public 

should direct such petitions. CEQ 

intends to provide additional 

instructions on its guidance website, 

including appropriate contact 

information and format of the petitions. 

D. Section 1519.4, ‘‘Significant 

Guidance Documents’’ 

Finally, § 1519.4, ‘‘Significant 

guidance documents,’’ addresses 

specific requirements for a subset of 

‘‘guidance documents’’ that are 

‘‘significant guidance documents’’ as 

defined by section 2(c) of E.O. 13891. 

Paragraph (a) sets forth that definition. 

OMB’s Office of Information and 

Regulatory Affairs (OIRA) makes the 

final determination of whether a 

guidance document is significant. If 

OIRA makes such a determination for a 

particular guidance document, this 

section will also apply. Consistent with 

section 4(iii) of E.O. 13891, paragraph 

(b) sets forth procedural requirements, 

including public notice and comment 

for at least 30 days, unless an exception 

applies; public response to major 

concerns raised in comments; approval 

on a non-delegable basis by the 

Chairman, or an official acting as 

Chairman; review by OIRA under 

Executive Order 12866; and compliance 

with the applicable requirements for 

regulations or rules. 

II. Rulemaking Analyses and Notices 

A. Regulatory Procedures 

Under the Administrative Procedure 

Act, an agency may waive notice and 

comment procedures if an action is an 

interpretative rule, a general statement 

of policy, or a rule of agency 

organization, procedure, or practice. See 

5 U.S.C. 553(b)(A). This rule describes 

the internal process that CEQ will 

follow to comply with the requirements 

specified in E.O. 13891 when issuing 

guidance documents as defined by the 


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