FR 2021-01746

The document in question announces a significant shift in regulatory approach by the U.S. Department of Labor (DOL). On August 28, 2020, the DOL established a rule implementing an Executive Order by former President Trump that outlined specific requirements for the formulation and dissemination of agency guidance documents. This rule mandated a structured process, including public access and interaction procedures for significant guidance.

However, the change, initiated by President Biden on January 20, 2021, revokes such Executive Orders, emphasizing the administration's focus on regulatory flexibility to tackle urgent national challenges like the COVID-19 pandemic, economic recovery, racial justice, and climate change. As such, the DOL rescinded its previously established rule to grant itself more operational freedom in issuing public guidance.

General Summary

The core of the document is the swift repeal of a rule linked to a previous Executive Order. The rule initially put in place a framework for managing guidance documents, aiming for transparency and consistency. However, President Biden’s directive to repeal policies that might hinder the federal response to prevailing issues reflects a shift towards enabling more dynamic regulatory actions.

Issues and Concerns

The document presents several significant issues:

• Lack of Detailed Analysis: The document does not thoroughly explore the potential consequences of rescinding the 2020 rule. Understanding the implications on the public and stakeholders remains somewhat opaque.

• Bureaucratic Language: The document uses technical language that may not be easily comprehensible to individuals without a background in legal or governmental studies, potentially making the content less accessible.

• Absence of Stakeholder Consultation: There is no mention of public or stakeholder engagement in the decision to revoke the rule, which could raise transparency and inclusivity concerns.

• Connection to Administration Goals: While the revocation is aligned with the overall policy shift of the Biden Administration, the document does not detail how this specific action addresses the stated priorities like COVID-19 or economic recovery.

• Legal References Without Explanation: The use of legal citations and terms without explanation may alienate readers unfamiliar with administrative procedures.

Broad Public Impact

The repeal potentially implies that the DOL can now more swiftly provide guidance without navigating the structured processes previously mandated. This might lead to quicker responses to pressing issues, a significant advantage during situations requiring immediate governmental action.

Impact on Specific Stakeholders

• Government Agencies: Internally, the repeal allows greater flexibility for the DOL and other agencies, enhancing their ability to issue guidance dynamically based on evolving scenarios.

• Businesses and Employers: For entities that rely on DOL guidance, the lack of structured processes might introduce uncertainties as rapid changes or updates may not undergo a structured notice and comment phase.

• General Public: The public might experience faster governmental responses; however, they might also face challenges due to the reduced predictability and lesser access to comment on significant guidance changes.

In summary, the shift underscores the administration's intention to enable federal agencies to react more effectively to ongoing challenges. While aiming for improved responsiveness, it highlights the balance between regulatory agility and the transparency and involvement traditionally favored in governmental processes.