Federal Register / Vol. 86, No. 16 / Wednesday, January 27, 2021 / Rules and Regulations 7237 

1Comments on the previously issued proposed 

rule, Aluminum Import Monitoring and Analysis 

System, 85 FR 23748 (April 29, 2020) (Proposed 

Rule), can be found by searching for the Proposed 

Rule on the Federal eRulemaking portal at http:// 

www.regulations.gov. 

2Aluminum Import Monitoring and Analysis 

System, 85 FR 83804 (Dec. 23, 2020) (Final Rule). 

for violation of a final order issued 

under section 5.25 or 5.26 of the Act: 

The maximum daily amount is $2,395 

for violations that occur on or after 

January 15, 2021. 

(2) Amount of civil money penalty for 

violation of the Act or regulations: The 

maximum daily amount is $1,084 for 

each violation that occurs on or after 

January 15, 2021. 

(b) The maximum civil money penalty 

amount assessed under 42 U.S.C. 

4012a(f) is $2,252 for each violation that 

occurs on or after January 15, 2021, with 

no cap on the total amount of penalties 

that can be assessed against any single 

institution during any calendar year. 

Dated: January 22, 2021. 

Dale Aultman, 

Secretary, Farm Credit Administration Board. 

[FR Doc. 2021–01796 Filed 1–26–21; 8:45 am] 

BILLING CODE 6705–01–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

19 CFR Part 361 

[Docket No. 210122–0011] 

RIN 0625–AB18 

Aluminum Import Monitoring and 

Analysis System: Delay of Effective 

Date 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

ACTION: Final rule; delay of effective 

date; request for comments. 

SUMMARY: The U.S. Department of 

Commerce (Commerce) is delaying the 

effective date of the final rule, entitled 

‘‘Aluminum Import Monitoring and 

Analysis System,’’ from January 25, 

2021 until March 29, 2021. Commerce is 

also soliciting comments on the final 

rule. 

DATES: The effective date of the rule 

amending 19 CFR part 361published at 

85 FR 83804 (Dec. 23, 2020), is delayed 

from January 25, 2021, to March 29, 

2021. 

To be assured of consideration, 

written comments on the final rule must 

be received no later than February 26, 

2021. 

ADDRESSES: Submit comments only 

through the Federal eRulemaking Portal 

at http://www.Regulations.gov, Docket 

No. ITA–2021–0001.1 Due to the 

COVID–19 situation, Commerce is not 

able to accept comments submitted by 

mail or hand-delivery at this time. All 

comments submitted during the 

comment period permitted by this 

document will be a matter of public 

record and will generally be available 

on the Federal eRulemaking Portal at 

http://www.Regulations.gov. Commerce 

will not accept response comments 

accompanied by a request that part or 

all of the material be treated 

confidentially because of its business 

proprietary nature or for any other 

reason. Therefore, do not submit 

confidential business information or 

otherwise sensitive or protected 

information. 

Any questions concerning the process 

for submitting comments should be 

submitted to Enforcement & Compliance 

Communications office at (202) 482– 

0063 or ECCommunications@trade.gov. 

The AIM system website is https://

www.trade.gov/aluminum. 

FOR FURTHER INFORMATION CONTACT: Julie 

Al-Saadawi at (202) 482–1930 or Jessica 

Link at (202) 482–1411. 

SUPPLEMENTARY INFORMATION: On 

December 23, 2020, Commerce 

published the final rule and 

accompanying regulations establishing 

the Aluminum Import Monitoring and 

Analysis (AIM) system.2 The original 

effective date for the Final Rule was 

January 25, 2021. Commerce is now 

delaying the effective date until March 

29, 2021. 

This delay in effective date is 

necessary to allow the incoming 

Administration time to review the Final 

Rule and consider any additional 

comments before implementation. 

Unless otherwise announced, the 

majority of the final rule will be 

effective on March 29, 2021. The 

remaining portions of the final rule 

concerning an option to state 

‘‘unknown’’ for certain fields on the 

aluminum license form will be effective 

on December 24, 2021, as originally 

stated in the final rule. For further 

background and information, see the 

Final Rule. Parties are invited to 

comment on all aspects of the Final Rule 

and the AIM system. 

The AIM system website (https://

www.trade.gov/aluminum) continues to 

be operational. However, licenses will 

not be required for covered aluminum 

imports until on or after March 29, 

2021. Further guidance on licenses 

already issued and the issuance of new 

licenses during the intervening period 

prior to March 29, 2021 will be 

provided on the AIM system website. 

Dated: January 22, 2021. 

Christian Marsh, 

Acting Assistant Secretary for Enforcement 

and Compliance. 

[FR Doc. 2021–01804 Filed 1–22–21; 4:15 pm] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF LABOR 

Office of the Secretary 

29 CFR Part 89 

RIN 1290–AA41 

Rescission of Department of Labor 

Rule on Guidance 

AGENCY: Office of the Secretary, U.S. 

Department of Labor. 

ACTION: Final rule; rescission of 

regulations. 

SUMMARY: On August 28, 2020, the 

Department of Labor published a final 

rule on guidance implementing an 

Executive order entitled ‘‘Promoting the 

Rule of Law Through Improved Agency 

Guidance Documents,’’ and providing 

policy and requirements for issuing, 

modifying, withdrawing, and using 

guidance; making guidance available to 

the public; a notice and comment 

process for significant guidance; and 

taking and responding to petitions about 

guidance. In accordance with the 

‘‘Executive Order on Revocation of 

Certain Executive Orders Concerning 

Federal Regulation,’’ issued by 

President Biden on January 20, 2021, 

this final rule rescinds the Department’s 

rule on guidance. 

DATES: This final rule is effective 

January 27, 2021. 

FOR FURTHER INFORMATION CONTACT: Erin 

FitzGerald, Senior Policy Advisor, U.S. 

Department of Labor, Room S–2312, 200 

Constitution Avenue NW, Washington, 

DC 20210; telephone: (202) 693–5076 

(this is not a toll-free number). 

SUPPLEMENTARY INFORMATION: 

I. Discussion 

On August 28, 2020, the Department 

of Labor published an internal final rule 

on guidance implementing E.O. 13891, 

‘‘Promoting the Rule of Law Through 

Improved Agency Guidance 

Documents,’’ signed by President 

Trump on October 9, 2019. As required 

by the E.O., the rule contained policy 

and requirements for issuing, 

modifying, withdrawing, and using 

guidance; making guidance available to 

the public; a notice and comment 


khammond on DSKJM1Z7X2PROD with RULES
7238 Federal Register / Vol. 86, No. 16 / Wednesday, January 27, 2021 / Rules and Regulations 

process for significant guidance; and 

taking and responding to petitions about 

guidance (85 FR 53163). 

On January 20, 2021, President Biden 

issued the ‘‘Executive Order on 

Revocation of Certain Executive Orders 

Concerning Federal Regulation’’ which, 

among other things, revoked E.O. 13891 

and directed agencies to promptly take 

steps to rescind any orders, rules, 

regulations, guidelines, or policies, or 

portions thereof, implementing or 

enforcing the Executive orders. The 

January 20, 2021, E.O. 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 

Government’s ability to confront these 

problems, and empowers agencies to 

use appropriate regulatory tools to 

achieve these goals.’’ 

After consideration and review, the 

Department has concluded that the 

internal rule on guidance deprives the 

Department and subordinate agencies of 

necessary flexibility in determining 

when and how best to issue public 

guidance based on particular facts and 

circumstances, and unduly restricts the 

Department’s ability to provide timely 

guidance on which the public can 

confidently rely. Therefore, in 

accordance with President Biden’s 

January 20, 2021, E.O., the Department 

is issuing this final rule, which rescinds 

the internal rule on guidance published 

at 85 FR 53163. 

II. Final Rule 

The Department has determined that 

this rule is suitable for final rulemaking. 

The revisions to the Department’s 

policies and requirements surrounding 

guidance are purely internal matters of 

agency management, as well as the 

agency’s organization, procedure, and 

practice. Accordingly, as with the 

August 2020 final rule, the Department 

is not required to engage in a notice and 

comment process to issue them under 

either the Administrative Procedure 

Act. See 5 U.S.C. 553(a)(2), 553(b)(A). 

Furthermore, because this rule is 

procedural rather than substantive, the 

normal requirement of 5 U.S.C. 553(d) 

that a rule not be effective until at least 

30 days after publication in the Federal 

Register is inapplicable. The 

Department also finds good cause to 

provide an immediate effective date for 

this rule, because it imposes no 

obligations on parties outside the 

federal government and therefore no 

advance notice is required to enable 

employers or other private parties to 

come into compliance. 

List of Subjects in 29 CFR Part 89 

Administrative practice and 

procedure, Labor. 

PART 89 [REMOVED] 

■ For the reasons discussed in the 

preamble, and under the authority of 5 

U.S.C. 301, the Department of Labor 

amends 29 CFR subtitle A by removing 

part 89. 

Signed at Washington, DC. 

Stephanie Swirsky, 

Deputy Assistant Secretary of Labor for 

Policy. 

[FR Doc. 2021–01746 Filed 1–22–21; 4:15 pm] 

BILLING CODE 4510–HL–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2019–0911] 

Drawbridge Operation Regulation; 

Mobile River, Hurricane, AL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations; request for comments. 

SUMMARY: The Coast Guard has issued a 

temporary deviation from the operating 

schedule that governs the CSX 

Transportation Railroad drawbridge 

across the Mobile River, mile 13.3 near 

Hurricane, Mobile County, Alabama. 

This deviation will test a change to the 

drawbridge operation schedule to 

determine whether a permanent change 

to the schedule is needed. The Coast 

Guard is seeking comments from the 

public regarding these proposed 

changes. 

DATES: This deviation is effective 

without actual notice from 7:01 a.m. 

January 27, 2021 through 7 a.m. July 8, 

2021. For the purposes of enforcement, 

actual notice will be used from 7 a.m. 

January 8, 2021 through 7 a.m. January 

27, 2021. Comments and related 

material must reach the Coast Guard on 

or before July 8, 2021. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2019–0911 using Federal eRulemaking 

Portal at https://www.regulations.gov. 

See the ‘‘Public Participation and 

Request for Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this test 

deviation, call or email Mr. Doug 

Blakemore. Eighth Coast Guard District 

Bridge Administration Branch Chief; 

telephone (504) 671–2128, email 

Douglas.A.Blakemore@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Background, Purpose and Legal Basis 

The CSX Transportation Railroad 

drawbridge has a vertical clearance of 

5.5′ in the closed to navigation position 

and operates in accordance with 33 CFR 

117.5. The CSX Railroad Company, the 

owner of the bridge requested to change 

operation of the bridge from a tended 

drawbridge to a remotely operated 

drawbridge. 

CSX has completed installation of a 

remote operation system at the bridge 

and a remote control center, located in 

Mobile, AL. At the bridge, CSX has 

installed infrared cameras, closed 

circuit cameras and TVs, 

communication systems and 

information technology systems on the 

bridge that allow an operator from 

Mobile to monitor and control the 

bridge. They have also developed an 

operations manual that remote operators 

use to control each bridge. 

The purpose of this test is to evaluate 

the impact to navigation safety and 

vessels reasonable ability to use the 

waterway while the drawbridge is 

operated from the CSX remote control 

center in Mobile, AL. The bridge’s 

operation schedule and methods to 

contact the bridge to open will remain 

the same. 

The waterway users include 

recreational vessels and commercial 

tows; which combined requires 

approximately six openings a day. 

The Coast Guard will inform the users 

of the waterways through our Local and 

Broadcast Notices to Mariners of the 

change in operating schedule for the 

bridge so that vessel operators can 

arrange their transits to minimize any 

impact caused by the temporary 

deviation. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the effective period of this 

temporary deviation. This deviation 

from the operating regulations is 

authorized under 33 CFR 117.35. 


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