``Promoting the Rule of Law Through Improved Agency Guidance'' Regulations; Rescission
| Published date | 27 May 2021 |
| Citation | 86 FR 28488 |
| Record Number | 2021-10059 |
| Section | Rules and Regulations |
| Court | Tennessee Valley Authority |
Federal Register, Volume 86 Issue 101 (Thursday, May 27, 2021)
[Federal Register Volume 86, Number 101 (Thursday, May 27, 2021)]
[Rules and Regulations]
[Pages 28488-28489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10059]
[[Page 28488]]
=======================================================================
-----------------------------------------------------------------------
TENNESSEE VALLEY AUTHORITY
18 CFR Part 1301
RIN 3316-AA23
``Promoting the Rule of Law Through Improved Agency Guidance''
Regulations; Rescission
AGENCY: Tennessee Valley Authority.
ACTION: Final rule; rescission of regulations.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Executive order entitled, ``Promoting
the Rule of Law Through Improved Agency Guidance,'' the Tennessee
Valley Authority (TVA) is rescinding associated regulations.
DATES: This rule is effective on May 27, 2021.
FOR FURTHER INFORMATION CONTACT: Robin M. Daugherty, 423-751-3207,
Email: [email protected], Mail address: Tennessee Valley Authority,
400 West Summit Hill Drive, WT 6 Knoxville, TN 37902.
SUPPLEMENTARY INFORMATION: TVA rescinds 18 CFR 1301.70 through 1301.80
(part 1301, subpart F), which implemented the requirements of Executive
Order 13891, ``Promoting the Rule of Law Through Improved Agency
Guidance Documents.'' 84 FR 55235 (October 9, 2019) (E.O. 13891). TVA
rescinds this regulation in accordance with E.O. 13992, ``Revocation of
Certain Executive Orders Concerning Federal Regulation.'' 86 FR 7049
(January 25, 2021) (E.O. 13992). E.O. 13992 revoked certain executive
orders, including E.O. 13891. E.O. 13992 additionally directed heads of
agencies to ``promptly take steps to rescind any orders, rules,
regulations, guidelines, or policies, or portions thereof,'' that were
issued to implement E.O. 13891. TVA issued regulations to implement
E.O. 13891 on September 24, 2020, at subpart F in part 1301 of title 18
of the Code of Federal Regulations (Promoting the Rule of Law Through
Improved Agency Guidance Documents, 85 FR 60063-60068 (Sept. 24, 2020)
(codified at 18 CFR part 1301, subpart F). This rescission complies
with the purpose and intent of E.O. 13992.
Legal Authority
This rescission is promulgated under the authority of the TVA Act,
as amended, 16 U.S.C. 831-831ee, and the Administrative Procedures Act,
5 U.S.C. 551-559.
Background
TVA is a multi-purpose corporate agency of the United States that
provides electricity for business customers and local power companies
serving 10 million people in parts of seven southeastern states. TVA
provides flood control, navigation and land management for the
Tennessee River system and assists local power companies and state and
local governments with economic development and job creation.
Statutory and Executive Orders Reviews
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review--This
action is exempt from review by the Office of Management and Budget
(OMB) because it is a rule of agency procedure and practice and is
limited to agency management.
B. Paperwork Reduction Act (PRA)--This action does not contain any
information collection activities and therefore does not impose an
information collection burden under the PRA.
C. Regulatory Flexibility Act (RFA)--This action is not subject to
the RFA. The RFA applies only to rules subject to notice and comment
rulemaking requirements under the Administrative Procedure Act (APA), 5
U.S.C. 553, or any other statute. This rule pertains to agency
management or personnel, which the APA expressly exempts from notice
and comment rulemaking requirements under 5 U.S.C. 553(a)(2).
D. Unfunded Mandates Reform Act (UMRA)--This action does not
contain any unfunded mandate as described in UMRA, 2 U.S.C. 1531-1538,
and does not significantly or uniquely affect small governments. The
action imposes no enforceable duty on any state, local, or tribal
governments or the private sector.
E. Executive Order 13132: Federalism--This action does not have
federalism implications. It 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 levels of government.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments--This action does not have tribal implications as
specified in Executive Order 13175. Thus, Executive Order 13175 does
not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks--TVA interprets E.O. 13045 as applying
only to those regulatory actions that concern environmental health or
safety risks that TVA has reason to believe may disproportionately
affect children. Per the definition of ``covered regulatory action'' in
E.O. 13891, and because this action does not concern an environmental
health risk or safety risk, it is not subject to E.O. 113045.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution or Use--This action is
not subject to E.O. 13211 because it is not a significant regulatory
action under E.O. 112866.
I. National Technology Transfer and Advancement Act (NTTAA)--This
rulemaking does not involve technical standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations--TVA
believes that this action is not subject to E.O. 12898 because it does
not establish an environmental health or safety standard. This
regulatory action is a procedural rule and does not have any impact on
human health or the environment.
K. Congressional Review Act--This rule is exempt from the CRA
because it is a rule of agency organization, procedure or practice that
does not substantially affect the rights or obligations of non-agency
parties.
L. Executive Order 13992: Revocation of Certain Executive Orders
Concerning Federal Regulation--TVA believes that E.O. 13992 squarely
applies in this context, as a clear and direct requirement to rescind
TVA's applicable regulations promulgated in accordance with E.O. 13891.
Signing Authority
This document of the Tennessee Valley Authority was signed on ___,
by David B. Fountain, Executive Vice President and General Counsel,
pursuant to delegated authority from the Chief Executive Officer.
Signed in Knoxville, TN, on May 5, 2021.
David B. Fountain,
Executive Vice President and General Counsel, Tennessee Valley
Authority.
For reasons stated in the preamble, the TVA amends 18 CFR part 1301
as follows:
PART 1301--PROCEDURES
0
1. The authority citation for part 1301 continues to read as follows:
Authority: 5 U.S.C. 552 and 552a; 16 U.S.C. 831-831dd.
[[Page 28489]]
Subpart F--[Removed]
0
2. Subpart F, consisting of Sec. Sec. 1301.70 through 1301.80, is
removed.
[FR Doc. 2021-10059 Filed 5-26-21; 8:45 am]
BILLING CODE 8120-08-P
