6804 Federal Register / Vol. 90, No. 12 / Tuesday, January 21, 2025 / Rules and Regulations 

(1) No. 054771 for use of products 

described in paragraph (a)(1) of this 

section: 

(2) Nos. 016592, 051311, 054771, and 

058198 for use of product described in 

paragraph (a)(2) of this section. 

* * * * * 

(e) * * * 

(1) * * * 

Melengestrol acetate in 

mg/head/day 

Combination 

in grams/ton Indications for use Limitations Sponsor 

*******

(i) 0.25 to 0.5 ..................... ................................... Heifers fed in confinement for slaughter: For 

increased rate of weight gain, improved 

feed efficiency, and suppression of estrus 

(heat)..

Administer 0.5 to 2.0 pounds (lb)/head/day 

of medicated feed containing 0.125 to 1.0 

mg melengestrol acetate/lb to provide 

0.25 to 0.5 mg melengestrol acetate/ 

head/day..

016592, 051311, 

054771, 058198 

(ii) 0.5 ................................ ................................... Heifers intended for breeding: For suppression of estrus (heat).Administer 0.5 to 2.0 lb/head/day of Type C 

feed containing 0.25 to 1.0 mg 

melengestrol acetate/lb to provide 0.5 mg 

melengestrol acetate/head/day. Do not 

exceed 24 days of feeding.

016592, 051311, 

054771, 058198 

* * * * * * * 

* * * * * 

■ 24. In § 558.625: 

■ a. Redesignate paragraphs (e)(2)(ix) 

through (xvii) as paragraphs (e)(2)(x) 

through (xviii); and 

■ b. Add new paragraph (e)(2)(ix). 

The addition reads as follows: 

§ 558.625 Tylosin. 

* * * * * 

(e) * * * 

(2) * * * 

Tylosin grams/ton Combination in grams/ 

ton Indications for use Limitations Sponsors 

*******

(ix) 8 to 10 .................. Monensin, 10 to 40 

plus lubabegron (as 

lubebegron fumarate), 1.25 to 4.54, 

plus melengestrol 

acetate, 0.25 to 2.0.

Growing beef heifers fed in confinement for 

slaughter: For increased rate of weight 

gain, improved feed efficiency, suppression 

of estrus (heat), for reduction of ammonia 

gas emissions per pound of live weight and 

hot carcass weight, for the prevention and 

control of coccidiosis caused by Eimeria 

bovis and Eimeria zuernii, and for reduction 

of incidence of liver abscesses associated 

with Fusobacterium necrophorum and 

Arcanobacterium pyogenes during the last 

14 to 91 days on feed.

Feed as the sole ration during the last 14 to 

91 days on feed. Melengestrol acetate 

Type C top-dress medicated feed (0.5 to 

2.0 lb per head per day) must be top 

dressed onto or mixed at feeding with a 

Type C medicated feed containing 8 to 10 

g/ton tylosin, 1.25 to 4.54 g/ton lubabegron, 

and 10 to 40 g/ton monensin, to provide 

0.25 to 0.5 mg melengestrol acetate, 60 to 

90 mg tylosin per head per day, 13 to 90 

mg lubabegron per head per day, and 0.14 

to 0.42 mg monensin per pound of body 

weight per day, depending on severity of 

challenge, up to 480 mg monensin per 

head per day. See special labeling considerations in §§ 558.330(d), 558.342(d), and 

558.355(d). Tylosin as provided by No. 

016592 or 058198; lubabegron fumarate 

and monensin as provided by No. 058198; 

melengestrol acetate as provided in No. 

054771 in § 510.600(c) of this chapter.

058198 

* * * * * * * 

Dated: January 14, 2025. 

P. Ritu Nalubola, 

Associate Commissioner for Policy. 

[FR Doc. 2025–01226 Filed 1–17–25; 8:45 am] 

BILLING CODE 4164–01–P 

DEPARTMENT OF JUSTICE 

Office of the Attorney General 

28 CFR Part 50 

[Docket No. OAG 174; AG Order No. 6148– 

2025] 

RIN 1105–AB61 

Processes and Procedures for 

Issuance and Use of Guidance 

Documents 

AGENCY: Office of the Attorney General, 

Department of Justice. 

ACTION: Final rule. 

SUMMARY: This rule finalizes without 

change an interim final rule by which 

the Department of Justice 

(‘‘Department’’) removed amendments 

to its regulations that were made during 

2020 pursuant to the now-revoked 

Executive Order 13891, which had 

imposed limitations on the use of 

Department guidance documents in 

criminal and civil enforcement actions 

brought by the Department. 

DATES: This rule is effective January 17, 

2025. 

FOR FURTHER INFORMATION CONTACT: 

Robert Hinchman, Senior Counsel, 

Office of Legal Policy, U.S. Department 


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Federal Register / Vol. 90, No. 12 / Tuesday, January 21, 2025 / Rules and Regulations 6805 

of Justice, telephone (202) 514–8059 

(not a toll-free number). 

SUPPLEMENTARY INFORMATION: 

I. Discussion 

A. Overview 

This rule finalizes without change the 

interim final rule, Processes and 

Procedures for Issuance and Use of 

Guidance Documents (OAG 174; RIN 

1105–AB61), published at 86 FR 37674 

(July 16, 2021) (the ‘‘July 16 interim 

rule’’). The interim rule implemented 

Executive Order 13992 of January 25, 

2021, 86 FR 7049 (Revocation of Certain 

Executive Orders Concerning Federal 

Regulation), by removing the 

Department’s regulations at 28 CFR 

50.26 and 50.27 and reserving those 

sections. The Department’s approach to 

the development, issuance, and use of 

guidance documents is now governed 

by the Attorney General Memorandum 

issued on July 1, 2021, ‘‘Issuance and 

Use of Guidance Documents by the 

Department of Justice,’’ https://

www.justice.gov/opa/page/file/1408606/ 

download. 

B. Executive Order 13992 

As discussed in greater detail in the 

July 16 interim rule, on January 20, 

2021, President Biden issued Executive 

Order 13992, which, among other 

things, revoked Executive Order 13891 

and stated that ‘‘agencies must be 

equipped with the flexibility to use 

robust regulatory action to address 

national priorities.’’ 86 FR at 7049. 

Executive Order 13992 directed the 

heads of all agencies to ‘‘promptly take 

steps to rescind any orders, rules, 

regulations, guidelines, or policies, or 

portions thereof, implementing or 

enforcing’’ the revoked Executive Order. 

Id. 

C. Revocation of 28 CFR 50.26 and 

50.27 

Based on its evaluation of the prior 

regulations at 28 CFR 50.26 and 50.27, 

the Department concluded that those 

regulations were unnecessary and 

unduly burdensome, lacked flexibility 

and nuance, and limited the ability of 

the Department to do its work 

effectively. Among other things, the 

regulations generated collateral disputes 

in affirmative and enforcement 

litigation, and they discouraged 

Department components from preparing 

and issuing guidance that would be 

helpful to members of the public. In 

addition, because the regulations 

imposed requirements on a particular 

category of agency documents deemed 

to be ‘‘guidance,’’ the regulations 

inherently caused Department staff to 

expend significant resources 

determining whether each agency 

document, product or communication 

constituted ‘‘guidance’’ and was 

therefore subject to these regulations. 

Accordingly, the Department 

determined that the rules should be 

removed. 

In removing the rules, the Department 

did not depart from the principle that 

guidance documents are interpretative 

and thus cannot impose legal 

requirements beyond those found in 

relevant constitutional provisions, 

statutes, and existing regulations. The 

Department also continues to believe 

that guidance documents should be 

clear, transparent, and readily accessible 

to the public. But these principles, and 

other related Department policies and 

practices concerning guidance 

documents, have traditionally been 

addressed through memoranda from 

Department leadership rather than 

through regulations. The Department 

therefore removed 28 CFR 50.26 and 

50.27 in their entirety, and solicited 

public comment. On July 1, 2021, the 

Attorney General issued a new 

Memorandum setting forth the 

Department’s policies going forward 

from that date regarding the 

development, issuance, and use of 

guidance documents, and the 

Department has updated other 

applicable internal protocols in 

accordance with these policies. 

D. Public Comments on the July 16, 

2021, Interim Rule Pertaining to 28 CFR 

50.26 and 50.27 

During the public comment period, 

which closed on August 16, 2021, the 

Department received only two 

comments, both of which supported the 

interim rule. The reasons given by the 

commenters in support of the removal 

of 28 CFR 50.26 and 50.27 largely 

paralleled the Department’s own 

reasons and justifications. Accordingly, 

the July 16 interim final rule is being 

finalized without change. 

II. Conforming Changes to the Justice 

Manual 

The provisions of the Justice Manual 

at section 1–19.000 (https://

www.justice.gov/jm/justice-manual) 

have been revised, and the provisions of 

the Justice Manual previously published 

at section 1–20.000 have been removed, 

to conform with the principles set forth 

in the July 1, 2021, Attorney General 

Memorandum. 

III. Regulatory Certifications 

A. Administrative Procedure Act 

This final rule relates to a matter of 

agency management or personnel and is 

a rule of agency organization, 

procedure, or practice. As such, this 

rule is exempt from the usual 

requirements of prior notice and 

comment and a 30-day delay in effective 

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

The rule is effective upon being posted 

for public inspection at the Federal 

Register. The Department, in its 

discretion, had sought postpromulgation public comment on the 

July 16 interim rule. As previously 

explained, the Department received 

only two comments, both of which 

supported the rule. 

B. Regulatory Flexibility Act 

A Regulatory Flexibility Analysis was 

not required for this final rule because 

the Department was not required to 

publish a general notice of proposed 

rulemaking for this matter. See 5 U.S.C. 

601(2), 604(a). 

C. Executive Orders 12866, 13563, and 

14094—Regulatory Review 

This final rule has been drafted and 

reviewed in accordance with Executive 

Order 12866, ‘‘Regulatory Planning and 

Review,’’ section 1(b), Principles of 

Regulation; in accordance with 

Executive Order 13563, ‘‘Improving 

Regulation and Regulatory Review,’’ 

section 1(b), General Principles of 

Regulation; and in accordance with 

Executive Order 14094, ‘‘Modernizing 

Regulatory Review’’. 

This final rule is ‘‘limited to agency 

organization, management, or personnel 

matters’’ and thus is not a ‘‘rule’’ for 

purposes of review by the Office of 

Management and Budget (OMB), a 

determination in which OMB has 

concurred. See Executive Order 12866, 

sec. 3(d)(3). Accordingly, this rule has 

not been reviewed by OMB. The 

Department claimed a similar 

exemption at the time of promulgating 

the July 16 interim rule. 

D. Executive Order 12988—Civil Justice 

Reform 

This regulation meets the applicable 

standards set forth in sections 3(a) and 

3(b)(2) of Executive Order 12988, ‘‘Civil 

Justice Reform.’’ 

E. Executive Order 13132—Federalism 

This rule 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 


ddrumheller on DSK120RN23PROD with RULES1
6806 Federal Register / Vol. 90, No. 12 / Tuesday, January 21, 2025 / Rules and Regulations 

1 If a statute that created a penalty is amended to 

change the penalty amount, the Department does 

not adjust the penalty in the year following the 

adjustment. 

levels of government. Therefore, in 

accordance with Executive Order 13132, 

‘‘Federalism,’’ the Department has 

determined that this rule does not have 

sufficient federalism implications to 

warrant the preparation of a federalism 

summary impact statement. 

F. Unfunded Mandates Reform Act of 

1995 

This rule will not result in the 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

(adjusted for inflation) in any one year, 

and it will not significantly or uniquely 

affect small governments. Therefore, no 

actions are necessary under the 

provisions of the Unfunded Mandates 

Reform Act of 1995, 2 U.S.C. 1501 et 

seq. 

G. Congressional Review Act 

This rule is not a major rule as 

defined by section 804 of the 

Congressional Review Act (CRA), 5 

U.S.C. 804. This action pertains to 

agency management or personnel, and 

agency organization, procedure, or 

practice, and does not substantially 

affect the rights or obligations of nonagency parties. Accordingly, it is not a 

‘‘rule’’ as that term is used in the CRA, 

5 U.S.C. 804(3), and the reporting 

requirement of 5 U.S.C. 801 does not 

apply. 

H. Paperwork Reduction Act of 1995 

This final rule does not impose any 

new reporting or recordkeeping 

requirements under the Paperwork 

Reduction Act of 1995, 44 U.S.C. 3501– 

3521. 

List of Subjects in 28 CFR Part 50 

Administrative practice and 

procedure. 

■ Accordingly, the interim rule 

amending 28 CFR part 50, which was 

published at 86 FR 37674 on July 16, 

2021, is adopted as final without 

change. 

Dated: January 14, 2025. 

Merrick B. Garland, 

Attorney General. 

[FR Doc. 2025–01409 Filed 1–17–25; 8:45 am] 

BILLING CODE 4410–BB–P 

DEPARTMENT OF EDUCATION 

34 CFR Parts 36 and 668 

RIN 1801–AA25 

Adjustment of Civil Monetary Penalties 

for Inflation 

AGENCY: Department of Education. 

ACTION: Final regulations. 

SUMMARY: The Department of Education 

(Department) issues these final 

regulations to adjust the Department’s 

civil monetary penalties (CMPs) for 

inflation. This adjustment is required by 

the Federal Civil Penalties Inflation 

Adjustment Act Improvements Act of 

2015 (2015 Act), which amended the 

Federal Civil Penalties Inflation 

Adjustment Act of 1990 (Inflation 

Adjustment Act). These final regulations 

provide the 2025 annual inflation 

adjustments being made to the penalty 

amounts in the Department’s final 

regulations published in the Federal 

Register on January 25, 2024 (2024 final 

rule). 

DATES: These regulations are effective 

January 21, 2025. The adjusted CMPs 

established by these regulations are 

applicable only to civil penalties 

assessed after January 21, 2025, whose 

associated violations occurred after 

November 2, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Rhondalyn Primes, U.S. Department of 

Education, Office of the General 

Counsel, 400 Maryland Avenue SW, 

Room 6C150, Washington, DC 20202– 

2241. Telephone: (202) 453–6444. 

Email: rhondalyn.primes@ed.gov. 

If you are deaf, hard of hearing, or 

have a speech disability and wish to 

access telecommunications relay 

services, please dial 7–1–1. 

SUPPLEMENTARY INFORMATION: 

Background 

A CMP is defined in the Inflation 

Adjustment Act (28 U.S.C. 2461 note) as 

any penalty, fine, or other sanction that 

is (1) for a specific monetary amount as 

provided by Federal law, or has a 

maximum amount provided for by 

Federal law; (2) assessed or enforced by 

an agency pursuant to Federal law; and 

(3) assessed or enforced pursuant to an 

administrative proceeding or a civil 

action in the Federal courts. 

The Inflation Adjustment Act 

provides for the regular evaluation of 

CMPs to ensure that they continue to 

maintain their deterrent value. The 

Inflation Adjustment Act required that 

each agency issue regulations to adjust 

its CMPs beginning in 1996 and at least 

every four years thereafter. The 

Department published its most recent 

cost adjustment to its CMPs in the 

Federal Register on January 25, 2024 

(89 FR 4829) (2024 final rule), and those 

adjustments became effective on the 

date of publication. 

The 2015 Act (section 701 of Pub. L. 

114–74) amended the Inflation 

Adjustment Act to improve the 

effectiveness of CMPs and to maintain 

their deterrent effect. 

The 2015 Act requires agencies to: (1) 

adjust the level of CMPs with an initial 

‘‘catch-up’’ adjustment through an 

interim final rule (IFR); and (2) make 

subsequent annual adjustments for 

inflation. Catch-up adjustments are 

based on the percentage change between 

the Consumer Price Index for all Urban 

Consumers (CPI–U) for the month of 

October in the year the penalty was last 

adjusted by a statute other than the 

Inflation Adjustment Act, and the 

October 2015 CPI–U. Annual inflation 

adjustments are based on the percentage 

change between the October CPI–U 

preceding the date of each statutory 

adjustment, and the prior year’s October 

CPI–U.1 The Department published an 

IFR with the initial ‘‘catch-up’’ penalty 

adjustment amounts on August 1, 2016 

(81 FR 50321). 

In these final regulations, based on 

the CPI–U for the month of October 

2024, not seasonally adjusted, we are 

annually adjusting each CMP amount by 

a multiplier for 2025 of 1.02598, as 

directed by the Office of Management 

and Budget (OMB) Memorandum No. 

M–25–02 issued on December 17, 2024. 

The Department’s Civil Monetary 

Penalties 

The following analysis calculates new 

CMPs for penalty statutes in the order 

in which they appear in 34 CFR 36.2. 

The penalty amounts are being adjusted 

up based on the multiplier of 1.02598 

provided in OMB Memorandum No. M– 

25–02. 

Statute: 20 U.S.C. 1015(c)(5). 

Current Regulations: The CMP for 20 

U.S.C. 1015(c)(5) (section 131(c)(5) of 

the Higher Education Act of 1965, as 

amended (HEA)), as last set out in 

statute in 1998 (Pub. L. 105–244, title I, 

section 101(a), October 7, 1998, 112 

Stat. 1602), is a fine of up to $25,000 for 

failure by an institution of higher 

education (IHE) to provide information 

on the cost of higher education to the 

Commissioner of Education Statistics. In 

the 2024 final rule, we increased this 

amount to $46,901. 

New Regulations: The new penalty for 

this section is $48,119. 

Reason: Using the multiplier of 

1.02598 from OMB Memorandum No. 

M–25–02, the new penalty is calculated 

as follows: $46,901 × 1.02598 = 

$48,119.49, which makes the adjusted 

penalty $48,119, when rounded to the 

nearest dollar. 


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