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[Federal Register Volume 89, Number 243 (Wednesday, December 18, 2024)]
[Rules and Regulations]
[Pages 102703-102704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29890]

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DEPARTMENT OF COMMERCE

15 CFR Part 29

[Docket No. 241211-0323]
RIN 0605-AA57

Promoting the Rule of Law Through Improved Agency Guidance 
Documents Rescission

AGENCY: Department of Commerce.

ACTION: Final rule.

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SUMMARY: This final rule rescinds the Department's regulations on 
guidance document procedures in accordance with a 2021 Executive order 
to revoke previous Executive orders concerning Federal regulation.

DATES: This final rule is effective December 18, 2024.

FOR FURTHER INFORMATION CONTACT: Xenia Kler, Office of the Assistant 
General Counsel for Legislation and Regulation, 202-482-5354, or via 
email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    Executive Order 13891, ``Promoting the Rule of Law Through Improved 
Agency Guidance Documents,'' sought to ensure that when Federal 
agencies issue guidance documents, the agencies: do not treat those 
guidance documents alone as imposing binding obligations both in law 
and in practice, except as incorporated into a contract; take public 
input into account in formulating significant guidance documents; and 
make guidance documents readily available to the public. (84 FR 55235, 
Oct. 15, 2019). On September 28, 2020, the Department issued an interim 
final rule, ``Promoting the Rule of Law Through Improved Agency 
Guidance Documents'' to implement E.O. 13891. (85 FR 60694). The 
interim final rule established 15 CFR part 29 for guidance document 
procedures, procedures for withdrawal or modification requests from the 
public, and procedures for significant guidance documents.
    On January 20, 2021, President Biden issued E.O. 13992, 
``Revocation of Certain Executive Orders Concerning Federal 
Regulation,'' revoking a number of Executive orders including E.O. 
13891. (86 FR 7049, Jan. 25, 2021). E.O. 13992 directs agencies ``to 
rescind any orders, rules, regulations, guidelines, or policies, or 
portions thereof, implementing or enforcing the revoked Executive 
orders.''
    After review and consideration, the Department concluded that its 
rule on guidance documents deprives the Department of necessary 
flexibility in determining when and how best to issue guidance based on 
particular facts and circumstances consistent with the policy directive 
in E.O. 13992. Therefore, the Department is issuing this final rule to 
rescind its regulations at 15 CFR part 29. The Department will continue 
to pursue ways to make its guidance documents more accessible to the 
public. Additionally, in accordance with M-09-13, ``Guidance for 
Regulatory Review,'' the Office of Management and Budget will continue

[[Page 102704]]

to review the Department's actions and documents subject to the Office 
of Information and Regulatory Affairs review under E.O. 12866. These 
reviews include policy and guidance documents that OMB determines are 
significant.

Classification

    This final rule is a rule of agency organization, procedure, or 
practice, codifying in the CFR the Department's existing procedures. 
Therefore, pursuant to 5 U.S.C. 553(b)(3)(A), notice and public comment 
are not required. Because a notice and public comment are not required 
for this rule by 5 U.S.C. 553, or by any other law, the analytical 
requirements of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., 
are not applicable. Accordingly, no regulatory flexibility analysis is 
required and none has been prepared.
    This rule has been determined to be not significant for purposes of 
Executive Order 12866.
    This rule does not have any collection of information requirements 
under the Paperwork Reduction Act.

List of Subjects in 15 CFR Part 29

    Administrative practice and procedure, Guidance documents.

PART 29--[REMOVED AND RESERVED]

0
For the reasons stated in the preamble and under the authority of 15 
U.S.C. 1512, the Department of Commerce amends subtitle A in title 15 
of the Code of Federal Regulations by removing and reserving part 29.

    Dated: December 12, 2024.
Nell Abernathy,
Director, Office of Policy and Strategic Planning, U.S. Department of 
Commerce.
[FR Doc. 2024-29890 Filed 12-17-24; 8:45 am]
BILLING CODE P
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