Removal of U.S. Office of Government Ethics Guidance Documents Regulations
| Published date | 11 May 2021 |
| Citation | 86 FR 25801 |
| Record Number | 2021-09954 |
| Section | Rules and Regulations |
| Court | Government Ethics Office |
Federal Register, Volume 86 Issue 89 (Tuesday, May 11, 2021)
[Federal Register Volume 86, Number 89 (Tuesday, May 11, 2021)]
[Rules and Regulations]
[Page 25801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09954]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 86, No. 89 / Tuesday, May 11, 2021 / Rules
and Regulations
[[Page 25801]]
OFFICE OF GOVERNMENT ETHICS
5 CFR Part 2611
RIN 3209-AA61
Removal of U.S. Office of Government Ethics Guidance Documents
Regulations
AGENCY: Office of Government Ethics.
ACTION: Final rule.
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SUMMARY: Pursuant to Executive Order 13992, the U.S. Office of
Government Ethics (OGE) is removing its regulations that detail the
processes for the issuance of, modifications to, and petitions
regarding guidance documents, as defined by Executive Order 13891.
DATES: This final rule is effective May 11, 2021.
FOR FURTHER INFORMATION CONTACT: Patrick J. Lightfoot, Assistant
Counsel, or Margaret Dylus-Yukins, Assistant Counsel; Telephone: 202-
482-9300.
SUPPLEMENTARY INFORMATION:
I. Background
As required by Executive Order 13891, ``Promoting the Rule of Law
Through Improved Agency Guidance Documents'' (October 9, 2019), OGE
issued 5 CFR part 2611 on August 20, 2020. 85 FR 51301 (August 20,
2020). 5 CFR part 2611 set forth processes and procedures for OGE's
issuance of guidance documents as defined by Executive Order 13891.
Also pursuant to Executive Order 13891, OGE established and maintained
a Guidance Portal on its website, which provided links to all guidance
documents in effect and issued by OGE. 85 FR 45638 (July 29, 2020).
Notably, all of OGE's guidance documents are already posted elsewhere
on the OGE website.
Executive Order 13992, ``Revocation of Certain Executive Orders
Concerning Federal Regulation'' (January 20, 2021), revoked Executive
Order 13891 and five other executive orders. Executive Order 13992 also
directed agencies to ``promptly take steps to rescind any orders,
rules, regulations, guidelines, or policies, or portions thereof,
implementing or enforcing'' the revoked executive orders.
In accordance with Executive Order 13992, OGE is removing 5 CFR
part 2611 in its entirety. OGE will retain a copy of the regulation.
The Federal Register issuance at 85 FR 51301, which includes the full
text of the regulation, will remain on OGE's website. OGE will also
remove the Guidance Portal from its website; however, the documents
from the Guidance Portal will continue to be available elsewhere on
OGE's website.
II. Matters of Regulatory Procedure
Administrative Procedure Act
Pursuant to 5 U.S.C. 553(b)(3)(A), as Director of the Office of
Government Ethics, the notice and comment procedures are being waived
because these amendments concern matters of agency organization,
procedure and practice.
Paperwork Reduction Act
The Paperwork Reduction Act (44 U.S.C. chapter 35) does not apply
because this regulation does not contain information collection
requirements that require approval of the Office of Management and
Budget.
Unfunded Mandates Reform Act
For purposes of the Unfunded Mandates Reform Act of 1995 (2 U.S.C.
chapter 5, subchapter II), this final rule would not significantly or
uniquely affect small governments and will not result in increased
expenditures by State, local, and tribal governments, in the aggregate,
or by the private sector, of $100 million or more (as adjusted for
inflation) in any one year.
Executive Order 13563 and Executive Order 12866
Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select the regulatory approaches that
maximize net benefits (including economic, environmental, public health
and safety effects, distributive impacts, and equity). Executive Order
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
In promulgating this rulemaking, OGE has adhered to the regulatory
philosophy and the applicable principles of regulation set forth in
Executive Orders 12866 and 13563. The rule is not a significant
regulatory action for the purposes of Executive Order 12866.
Executive Order 12988
As Director of the Office of Government Ethics, I have reviewed
this rule in light of section 3 of Executive Order 12988, Civil Justice
Reform, and certify that it meets the applicable standards provided
therein.
List of Subjects in 5 CFR Part 2611
Administrative practice and procedure, Guidance documents,
Significant guidance documents.
Approved: May 6, 2021.
Emory Rounds,
Director, U.S. Office of Government Ethics.
For the reasons set forth in the preamble, and under the authority
of 5 U.S.C. app. 101-505 (Ethics in Government Act of 1978), the U.S.
Office of Government Ethics amends 5 CFR chapter XVI by removing part
2611.
[FR Doc. 2021-09954 Filed 5-10-21; 8:45 am]
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