Procedures for PBGC Guidance Documents

As Enacted ( Federal Register)

Cited in

Published date	26 August 2020
Citation	85 FR 52481
Record Number	2020-17952
Section	Rules and Regulations
Court	Pension Benefit Guaranty Corporation

52481

Federal Register / Vol. 85, No. 166 / Wednesday, August 26, 2020 / Rules and Regulations

84 FR 55235 (October 9, 2019).

M–20–02, Guidance Implementing Executive

Order 13891, Titled ‘‘Promoting the Rule of Law

Through Improved Agency Guidance Documents’’

(October 31, 2019) available at https://

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

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

See section 3(d)(3) of Executive Order 12866

and section 4(b) of Executive Order 13771.

commitments awarded in FY 2021. Note

that the FY 2021 fee represents a 0.15

percent increase from the FY 2020 fee

of 2.00 percent.

This document establishes a rate that

does not constitute a development

decision that affects the physical

condition of specific project areas or

building sites. Accordingly, under 24

CFR 50.19(c)(6), this document is

categorically excluded from

environmental review under the

National Environmental Policy Act of

1969 (42 U.S.C. 4321).

Dated: August 18, 2020.

John Gibbs,

Acting Assistant Secretary for Community

Planning and Development.

[FR Doc. 2020–18392 Filed 8–25–20; 8:45 am]

BILLING CODE P

PENSION BENEFIT GUARANTY

CORPORATION

29 CFR Part 4908

RIN 1212–AB49

Procedures for PBGC Guidance

Documents

AGENCY

: Pension Benefit Guaranty

Corporation.

ACTION

: Final rule.

SUMMARY

: This final rule sets forth the

Pension Benefit Guaranty Corporation’s

(PBGC) procedures for issuing PBGC

guidance documents as required by an

Executive order entitled ‘‘Promoting the

Rule of Law Through Improved Agency

Guidance Documents.’’

DATES

: Effective date: This final rule is

effective on August 26, 2020.

FOR FURTHER INFORMATION CONTACT

Hilary Duke (duke.hilary@pbgc.gov),

Assistant General Counsel for

Regulatory Affairs, Office of the General

Counsel, 1200 K Street NW,

Washington, DC 20005–4026, 202–229–

3839; or Karen B. Levin (levin.karen@

pbgc.gov), Attorney, Regulatory Affairs

Division, Office of the General Counsel,

Pension Benefit Guaranty Corporation,

1200 K Street NW, Washington, DC

20005–4026, 202–229–3559. TTY users

may call the Federal Relay service toll-

free at 800–877–8339 and ask to be

connected to 202–229–3559.

SUPPLEMENTARY INFORMATION

Executive Summary

Purpose and Authority

This final rule adds to the Code of

Federal Regulations a new 29 CFR part

4908, which implements the

requirements of Executive Order (E.O.)

13891, ‘‘Promoting the Rule of Law

Through Improved Agency Guidance

Documents.’’

E.O. 13891 requires

agencies to set forth processes and

procedures for issuing guidance

documents.

PBGC’s legal authority for this action

comes from section 4002(b)(3) of the

Employee Retirement Income Security

Act of 1974 (ERISA), which authorizes

PBGC to issue regulations to carry out

the purposes of title IV of ERISA, and

from E.O. 13891.

Major Provisions

The final rule provides the following

procedures:

•Guidance documents will include

specified information, including a

statement that a guidance document

does not bind the public, and will be

posted at www.pbgc.gov/guidance.

•Significant guidance documents

will have a 30-day public notice and

comment period, be reviewed by the

Office of Management and Budget

(OMB), and meet other requirements.

•Members of the public may request

withdrawal or modification of a

guidance document.

Background

On October 9, 2019, the President

issued Executive Order (E.O.) 13891,

‘‘Promoting the Rule of Law Through

Improved Agency Guidance

Documents.’’ Central principles of E.O.

13891 are that the American public

should only be subject to binding rules

imposed through duly enacted statutes

or through regulations that are lawfully

promulgated, and that Americans

should have fair notice of any such

obligations. Section 4 of the order

directs that, ‘‘[w]ithin 300 days of the

date on which [the Office of

Management and Budget] issues an

implementing memorandum under

section 6 of this order, each agency

shall, consistent with applicable law,

finalize regulations, or amend existing

regulations as necessary, to set forth

processes and procedures for issuing

guidance documents.’’ On October 31,

2019, OMB issued OMB Memorandum

M–20–02,

which provides agencies

with instructions for complying with

the requirements of E.O. 13891 (‘‘OMB

Memo M–20–02’’).

In accordance with OMB’s direction,

PBGC is amending title 29, chapter 40,

subchapter L of the Code of Federal

Regulations by adding a new part 4908,

‘‘Procedures for PBGC Guidance

Documents.’’ These new regulations

codify the requirements set forth in

section 4 of E.O. 13891.

Compliance With Rulemaking

Guidelines

This is a rule of ‘‘agency organization,

procedure or practice’’ and is limited to

‘‘agency organization, management, or

personnel matters.’’ The final rule

provides PBGC’s procedures for issuing

guidance documents. Accordingly, this

rule is exempt from notice and public

comment requirements under 5 U.S.C.

553(b) and the requirements of

Executive Order 12866 and Executive

Order 13771.

Because no general notice

of proposed rulemaking is required, the

Regulatory Flexibility Act does not

apply to this rule. See 5 U.S.C. 601(2),

603, 605.

PBGC finds good cause exists for

making the additions set forth in this

final rule effective less than 30 days

after publication because the additions

support PBGC’s procedures for issuing

guidance documents in compliance

with the deadlines in E.O. 13891 and

OMB Memo M–20–02.

List of Subjects in 29 CFR Part 4908

Administrative practice and

procedure, Employee benefit plans,

Organization and functions

(Government agencies), Pension

insurance.

For the reasons given above, PBGC

amends title 29, chapter 40, subchapter

L of the Code of Federal Regulations by

adding part 4908 to read as follows:

PART 4908—PROCEDURES FOR

PBGC GUIDANCE DOCUMENTS

Sec.

4908.1 Purpose and scope.

4908.2 Definitions.

4908.3 Procedures for issuing guidance

documents.

4908.4 Procedures for issuing significant

guidance documents.

4908.5 Public access to guidance

documents.

4908.6 Procedures for requests from the

public to withdraw or modify a guidance

document.

Authority: 29 U.S.C. 1302(b)(3), E.O.

13891, 84 FR 55235, 3 CFR, 2019 Comp., p.

371.

§ 4908.1 Purpose and scope.

This part provides general procedures

that apply to PBGC guidance

documents.

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52482

Federal Register / Vol. 85, No. 166 / Wednesday, August 26, 2020 / Rules and Regulations

§ 4908.2 Definitions.

In addition to the terminology in part

4001 of this chapter, as used in this

part—Director means the Director of

PBGC.

Guidance document means an agency

statement of general applicability,

intended to have future effect on the

behavior of regulated parties, that sets

forth a policy on a statutory, regulatory,

or technical issue, or an interpretation

of a statute or regulation, but does not

include, for example, the following:

(1) Statements of specific

applicability, including advisory or

legal opinions directed to particular

parties about circumstance-specific

questions (e.g., case or investigatory

letters responding to complaints,

warning letters), notices regarding

particular locations or facilities (e.g.,

guidance pertaining to the use,

operation, or control of a Government

facility or property), and

correspondence with individual persons

or entities (e.g., congressional

correspondence or notices of violation),

except documents ostensibly directed to

a particular party but designed to guide

the conduct of the broader regulated

public;

(2) Statements that do not set forth a

policy on a statutory, regulatory, or

technical issue or an interpretation of a

statute or regulation, including speeches

and individual presentations, editorials,

media interviews, press materials, or

congressional testimony that do not set

forth for the first time a new regulatory

policy;

(3) Rules promulgated pursuant to

notice and comment under section 553

of title 5, United States Code, or similar

statutory provisions;

(4) Rules exempt from rulemaking

requirements under section 553(a) of

title 5, United States Code;

(5) Rules of agency organization,

procedure, or practice;

(6) Decisions of agency adjudications

under section 554 of title 5, United

States Code, or similar statutory

provisions;

(7) Internal guidance directed to the

issuing agency or other agencies that is

not intended to have substantial future

effect on the behavior of regulated

parties or the public;

(8) Legal briefs, other court filings, or

positions taken in litigation or

enforcement actions;

(9) Contract solicitations or awards; or

(10) Internal executive branch legal

advice or legal advisory opinions

addressed to executive branch officials.

OMB means the Office of Management

and Budget.

Significant guidance document means

a guidance document that may

reasonably be anticipated to:

(1) Lead to an annual effect on the

economy of $100 million or more or

adversely affect in a material way the

economy, a sector of the economy,

productivity, competition, jobs, the

environment, public health or safety, or

State, local, or tribal governments or

communities;

(2) Create a serious inconsistency or

otherwise interfere with an action taken

or planned by another agency;

(3) Materially alter the budgetary

impact of entitlements, grants, user fees,

or loan programs or the rights and

obligations of recipients thereof; or

(4) Raise novel legal or policy issues

arising out of legal mandates, the

President’s priorities, or the principles

of Executive Order 12866.

§ 4908.3 Procedures for issuing guidance

documents.

(a) Required elements of guidance

documents. A PBGC guidance document

will comply with all relevant statutes

and regulations and include, at a

minimum, all of the following:

(1) The term ‘‘guidance;’’

(2) Identification of PBGC as the

agency issuing the guidance document;

(3) Identification of the activities to

which and the persons to whom the

guidance document applies;

(4) The date of issuance;

(5) A statement if it is a revision to a

previously issued guidance document

and, if so, identification of the guidance

document that it replaces;

(6) The title of the guidance document

and a unique identification number;

(7) The citation to the statutory

provision or regulation (in Code of

Federal Regulations format) to which it

applies or which it interprets;

(8) A short summary of the subject

matter covered in the guidance

document at the top of the document;

and

(9) A prominent statement that ‘‘The

contents of this document do not have

the force and effect of law and are not

meant to bind the public in any way.

This document is intended only to

provide clarity to the public regarding

existing requirements under the law or

PBGC policies.’’ PBGC will modify the

statement to reflect when the guidance

document is authorized by law or

incorporated into a contract.

(b) Plain English requirement.

Guidance documents will be written in

plain English and avoid using

mandatory language, such as ‘‘shall,’’

‘‘must,’’ ‘‘required,’’ or ‘‘requirement,’’

unless the language is describing an

established statutory or regulatory

requirement, is authorized by law, or is

addressed to PBGC staff and will not

foreclose PBGC’s consideration of

positions advanced by affected private

parties.

procedures—(1) In general. All guidance

documents proposed to be issued will

be reviewed and cleared by the General

Counsel, in consultation with the Chief

Policy Officer and the Director.

(2) OMB significance determination.

Before issuance, unless waived by OMB,

PBGC will send a guidance document to

OMB for it to determine whether the

guidance document is a significant

guidance document within the meaning

of Executive Order 13891. Requests for

waivers will be approved by the

Director.

(3) Nonsignificant guidance

documents. If OMB determines that a

guidance document is not a significant

guidance document, PBGC will post the

guidance document at www.pbgc.gov/

guidance.

(4) Significant guidance documents. If

OMB determines that a guidance

document is a significant guidance

document, PBGC will follow the

procedures in § 4908.4.

§ 4908.4 Procedures for issuing significant

guidance documents.

(a) Procedures for proposed

significant guidance documents—(1) In

general. If OMB determines that a

guidance document is a significant

guidance document within the meaning

of Executive Order 13891, the

procedures in this section will apply

unless otherwise agreed to by OMB and

PBGC. PBGC will demonstrate to OMB

how a significant guidance document

complies with Executive Orders 12866,

13563, 13609, 13771, and 13777, as

applicable.

(2) OMB review. If requested by OMB,

PBGC will submit a proposed significant

guidance document to OMB for review

under Executive Order 12866 before

issuance.

(3) Notice and comment. Except when

PBGC for good cause finds that notice

and public comment are impracticable,

unnecessary, or contrary to the public

interest (and incorporates the finding

and a brief statement of reasons for the

finding into the significant guidance

document), PBGC will—

(i) Publish a notice in the Federal

a proposed significant guidance

document and a 30-day public notice

and comment period; and

(ii) Provide an electronic method for

the public to comment on the significant

guidance document.

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52483

Federal Register / Vol. 85, No. 166 / Wednesday, August 26, 2020 / Rules and Regulations

(b) Procedures for final significant

guidance documents—(1) In general.

PBGC will submit a final significant

guidance document to OMB for review

under Executive Order 12866 before

issuance.

(2) Response to comments. PBGC will

provide a public response to comments

on a proposed significant guidance

document either in a final significant

guidance document or in a companion

document that addresses major concerns

raised in comments.

significant guidance documents will be

signed by the Director on a non-

delegable basis and posted at

www.pbgc.gov/guidance.

§ 4908.5 Public access to guidance

documents.

(a) In general. PBGC will maintain on

PBGC’s public website a single,

searchable, indexed database that

contains, or links to PBGC’s guidance

documents at www.pbgc.gov/guidance.

Any guidance document posted on the

database is final unless it is a proposed

significant guidance document under

§ 4908.4.

(b) Nonbinding effect. The database

described in paragraph (a) of this

section will state that guidance

documents do not have the force and

effect of law, unless expressly

authorized by statute or incorporated

into a contract and are not meant to

bind the public in any way.

All guidance documents that are not

posted on the database described in

paragraph (a) of this section are

considered rescinded. PBGC will not

cite, use, or rely upon any guidance

document that is rescinded, except to

establish historical facts.

(d) Withdrawal. When PBGC

withdraws a guidance document, PBGC

will remove the hyperlink to the

guidance document from the database

and will clearly identify the guidance

document as withdrawn. The name,

title, unique identifier, and date of

withdrawal will be listed on the

database for at least one year after

withdrawal.

§ 4908.6 Procedures for requests from the

public to withdraw or modify a guidance

document.

(a) In general. A member of the public

may petition PBGC in writing for

withdrawal or modification of an

existing guidance document issued by

PBGC.

(b) Petition instructions. PBGC will

provide clear instructions on its website

regarding how to submit petitions for

withdrawal or modification of any

guidance document at www.pbgc.gov/

guidance. These instructions will

include an email address, a physical

mailing address for hard copy petitions,

and the office responsible for

coordinating responses to petitions.

PBGC will clearly identify the General

Counsel as the designated PBGC official

to whom petitions should be directed at

GuidanceComments@pbgc.gov.

must—

(1) Specify the petitioner’s name and

a means for PBGC to contact the

petitioner, such as an email address or

a mailing address;

(2) Identify the guidance document

that is the subject of the petition;

(3) Present any information and

arguments in support of the request for

withdrawal or modification of the

guidance document, including any

specific circumstances in which the

guidance document is incorrect or

obsolete; and

(4) Be directed to the designated

PBGC official.

(d) Response. In response to a

petition, the General Counsel, in

consultation with the Chief Policy

Officer and the Director, will determine

whether to withdraw, modify, or retain

a guidance document. PBGC will

respond to a petition promptly, but no

later than 90 days after receiving the

petition. If PBGC withdraws a guidance

document in response to a petition,

PBGC will follow the procedures in

§ 4908.5(d) and post a response to the

petition on its guidance database.

Issued in Washington, DC.

Gordon Hartogensis,

Director, Pension Benefit Guaranty

Corporation.

[FR Doc. 2020–17952 Filed 8–25–20; 8:45 am]

BILLING CODE 7709–02–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[EPA–HQ–OPP–2018–0038; FRL–10011–32]

Inpyrfluxam; Pesticide Tolerances

AGENCY

: Environmental Protection

Agency (EPA).

ACTION

: Final rule.

SUMMARY

: This regulation establishes

tolerances for residues of inpyrfluxam

in or on multiple commodities that are

identified and discussed later in this

document. Valent requested these

tolerances under the Federal Food,

Drug, and Cosmetic Act (FFDCA).

DATES

: This regulation is effective

August 26, 2020. Objections and

requests for hearings must be received

on or before October 26, 2020, and must

be filed in accordance with the

instructions provided in 40 CFR part

178 (see also Unit I.C. of the

SUPPLEMENTARY INFORMATION

ADDRESSES

: The docket for this action,

identified by docket identification (ID)

number EPA–HQ–OPP–2018–0038, is

available at http://www.regulations.gov

or at the Office of Pesticide Programs

Regulatory Public Docket (OPP Docket)

in the Environmental Protection Agency

Docket Center (EPA/DC), West William

Jefferson Clinton Bldg., Rm. 3334, 1301

Constitution Ave. NW, Washington, DC

20460–0001. The Public Reading Room

is open from 8:30 a.m. to 4:30 p.m.,

Monday through Friday, excluding legal

holidays. The telephone number for the

Public Reading Room is (202) 566–1744,

and the telephone number for the OPP

Docket is (703) 305–5805.

Due to the public health concerns

related to COVID–19, the EPA Docket

Center (EPA/DC) and Reading Room is

closed to visitors with limited

exceptions. The staff continues to

provide remote customer service via

email, phone, and webform. For the

latest status information on EPA/DC

services and docket access, visit https://

www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT

Marietta Echeverria, Registration

Division (7505P), Office of Pesticide

Programs, Environmental Protection

Agency, 1200 Pennsylvania Ave. NW,

Washington, DC 20460–0001; main

telephone number: (703) 305–7090;

email address: RDFRNotices@epa.gov.

SUPPLEMENTARY INFORMATION

I. General Information

A. Does this action apply to me?

You may be potentially affected by

this action if you are an agricultural

producer, food manufacturer, or

pesticide manufacturer. The following

list of North American Industrial

Classification System (NAICS) codes is

not intended to be exhaustive, but rather

provides a guide to help readers

determine whether this document

applies to them. Potentially affected

entities may include:

•Crop production (NAICS code 111).

•Animal production (NAICS code

112).

•Food manufacturing (NAICS code

311).

•Pesticide manufacturing (NAICS

code 32532).

B. How can I get electronic access to

other related information?

You may access a frequently updated

electronic version of EPA’s tolerance

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Procedures for PBGC Guidance Documents

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