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Federal Register/Vol. 86, No. 134/Friday, July 16, 2021/Rules

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Federal Register/Vol. 86, No. 134/Friday, July 16, 2021/Rules 37674 Federal Register / Vol. 86, No. 134 / Friday, July 16, 2021 / Rules and Regulations (Federalism), it is determined that this DEPARTMENT OF JUSTICE Pennsylvania Avenue NW, Washington, action does not have sufficient DC 20530. Comments received by mail federalism implications to warrant the 28 CFR Part 50 will be considered timely if they are preparation of a Federalism Assessment. [Docket No. OAG 174; AG Order No. 5077– postmarked on or before August 16, As noted above, this action is an 2021] 2021. The electronic Federal eRulemaking portal will accept order, not a rule. Accordingly, the RIN 1105–AB61 comments until Midnight Eastern Time Congressional Review Act (CRA) 3 is at the end of that day. inapplicable, as it applies only to rules. Processes and Procedures for FOR FURTHER INFORMATION CONTACT: 5 U.S.C. 801, 804(3). It is in the public Issuance and Use of Guidance Robert Hinchman, Senior Counsel, interest to maintain the temporary Documents Office of Legal Policy, U.S. Department placement of N-ethylhexedrone, a-PHP, AGENCY: Office of the Attorney General, of Justice, telephone (202) 514–8059 4-MEAP, MPHP, PV8, and 4-chloro-a- Department of Justice. (not a toll-free number). PVP in schedule I because they pose a ACTION: Interim final rule; request for SUPPLEMENTARY INFORMATION: public health risk, for the reasons comments. expressed in the temporary scheduling I. Posting of Public Comments order (84 FR 34291, July 18, 2019). The SUMMARY: This interim final rule Please note that all comments temporary scheduling action was taken (‘‘rule’’) implements Executive Order received are considered part of the pursuant to 21 U.S.C. 811(h), which is 13992, which, among other things, public record and made available for specifically designed to enable DEA to revoked Executive Order 13891 and public inspection online at https:// act in an expeditious manner to avoid directed the heads of all agencies to www.regulations.gov. Information made an imminent hazard to the public safety. promptly take steps to rescind any available for public inspection includes Under 21 U.S.C. 811(h), temporary orders, rules, regulations, guidelines, or personal identifying information (such scheduling orders are not subject to policies, or portions thereof, as your name, address, etc.) voluntarily notice and comment rulemaking implementing or enforcing the revoked submitted by the commenter. procedures. DEA understands that the Executive Order. By this rule, the You are not required to submit CSA frames temporary scheduling Department of Justice (‘‘Department’’ or personal identifying information in actions as orders rather than rules to ‘‘DOJ’’) revokes amendments to its order to comment on this rule. ensure that the process moves swiftly, regulations that were made during 2020 Nevertheless, if you want to submit pursuant to Executive Order 13891, and this extension of the temporary personal identifying information (such which imposed limitations on the scheduling order continues to serve that as your name, address, etc.) as part of issuance and use of guidance your comment, but do not want it to be purpose. For the same reasons that documents. For further information on underlie 21 U.S.C. 811(h), that is, the posted online, you must include the how the Department intends to address phrase ‘‘PERSONAL IDENTIFYING need to place these substances in guidance documents going forward, schedule I because they pose an INFORMATION’’ in the first paragraph interested parties should consult an of your comment. You must also locate imminent hazard to public safety, it Attorney General Memorandum the would be contrary to the public interest all the personal identifying information Department of Justice is issuing on its that you do not want posted online in to delay implementation of this website in conjunction with this rule. the first paragraph of your comment and extension of the temporary scheduling DATES: identify what information you want the order. Therefore, in accordance with Effective date: This rule is effective agency to redact. Personal identifying section 808(2) of the CRA, this order July 16, 2021. information identified and located as set extending the temporary scheduling Applicability date: July 1, 2021. forth above will be placed in the order shall take effect immediately upon Comments: Comments are due on or agency’s public docket file, but not its publication. DEA will submit a copy before August 16, 2021. posted online. of this extension of the temporary ADDRESSES: To ensure proper handling If you want to submit confidential scheduling order to both Houses of of comments, please reference Docket business information as part of your Congress and to the Comptroller No. OAG 174 on all electronic and comment but do not want it to be posted General, although such filing is not written correspondence. The online, you must include the phrase required under the CRA, 5 U.S.C. 801– Department encourages the electronic ‘‘CONFIDENTIAL BUSINESS 808, because, as noted above, this action submission of all comments through INFORMATION’’ in the first paragraph is an order, not a rule. https://www.regulations.gov using the of your comment. You must also electronic comment form provided on prominently identify the confidential Anne Milgram, that site. For ease of reference, an business information to be redacted Administrator. electronic copy of this document is also within the comment. If a comment has [FR Doc. 2021–15113 Filed 7–15–21; 8:45 am] available at that website. It is not so much confidential business BILLING CODE 4410–09–P necessary to submit paper comments information that it cannot be effectively that duplicate the electronic redacted, the agency may choose not to submission, as comments submitted to post that comment (or to post that https://www.regulations.gov will be comment only partially) on https:// posted for public review and are part of www.regulations.gov. Confidential the official docket record. However, business information identified and should you wish to submit written located as set forth above will not be comments through regular or express placed in the public docket file, nor will mail, they should be sent to Robert it be posted online. 3 This is the colloquial name for Subtitle E of the Hinchman, Senior Counsel, Office of If you want to inspect the agency’s Small Business Regulatory Enforcement Fairness Legal Policy, U.S. Department of Justice, public docket file in person by Act of 1996. Room 4252 RFK Building, 950 appointment, please see the FOR VerDate Sep<11>2014 15:56 Jul 15, 2021 Jkt 253001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\16JYR1.SGM 16JYR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 86, No. 134 / Friday, July 16, 2021 / Rules and Regulations 37675 FURTHER INFORMATION CONTACT requirements on entities outside the among other things, revoked Executive paragraph. Executive Branch.’’ These principles Order 13891 and stated that ‘‘agencies were subsequently memorialized in the must be equipped with the flexibility to II. Discussion Justice Manual at section 1–19.000, use robust regulatory action to address A. Overview https://www.justice.gov/jm/justice- national priorities.’’ 86 FR 7049 (Jan. 25, This rule implements Executive Order manual. 2021). Executive Order 13992 directed The second underlying document was 13992, ‘‘Revocation of Certain Executive the heads of all agencies to ‘‘promptly a memorandum issued by Associate Orders Concerning Federal Regulation’’ take steps to rescind any orders, rules, Attorney General Brand on January 25, regulations, guidelines, or policies, or (86 FR 7049), by revoking the 2018, entitled ‘‘Limiting Use of Agency portions thereof, implementing or Department’s regulations at 28 CFR Guidance Documents in Affirmative enforcing’’ the revoked Executive Order. 50.26 and 50.27. Going forward, the Civil Enforcement Cases’’ (‘‘the January Department’s approach to those matters 2018 Memorandum’’). The January 2018 D. Revocation of 28 CFR 50.26 and 28 will be governed by a new Attorney Memorandum reiterated many aspects CFR 50.27 General Memorandum being issued of the November 2017 Memorandum, Based on its evaluation of the concurrently with this rule. and stated more explicitly that the regulations at 28 CFR 50.26 and 28 CFR B. Background—Existing Regulations Department could not ‘‘convert’’ 50.27, the Department has concluded and Memoranda guidance documents into binding rules that those regulations are unnecessary through litigation, and that failure to and unduly burdensome, lack flexibility In 2020, the Department of Justice comply with a guidance document and nuance, and limit the ability of the published two interim final rules should not be used as presumptive or Department to do its work effectively. (‘‘IFRs,’’ ‘‘rules,’’ or ‘‘regulations’’) that conclusive evidence that a party Among other things, the regulations regulate the issuance and use of violated a related statute or regulation. have generated collateral disputes in guidance documents by the Department That 2018 policy statement was then affirmative and enforcement litigation, and its components. The first rule, codified in the Justice Manual at section and they have discouraged Department which was entitled ‘‘Prohibition on the 1–20.000. components from preparing and issuing Issuance of Improper Guidance The third relevant document was guidance that would be helpful to Documents Within the Justice President Trump’s Executive Order members of the public. In addition, Department’’ and added a new 28 CFR 13891, ‘‘Promoting the Rule of Law because the regulations imposed 50.26, was published August 19, 2020 Through Improved Agency Guidance requirements on a particular category of (85 FR 50951). That rule emphasized Documents,’’ which was issued on agency documents deemed to be that guidance documents generally may October 9, 2019, and published in the ‘‘guidance,’’ the regulations caused not be used ‘‘create rights or obligations Federal Register the next week. See 84 Department staff to expend significant binding on persons or entities outside FR 55235 (Oct.
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