Availability of Records
| Published date | 20 December 2018 |
| Citation | 83 FR 65297 |
| Record Number | 2018-27546 |
| Section | Rules and Regulations |
| Court | Fiscal Service |
Federal Register, Volume 83 Issue 244 (Thursday, December 20, 2018)
[Federal Register Volume 83, Number 244 (Thursday, December 20, 2018)]
[Rules and Regulations]
[Pages 65297-65298]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27546]
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DEPARTMENT OF THE TREASURY
Fiscal Service
31 CFR Part 270
Availability of Records
AGENCY: Bureau of the Fiscal Service, Fiscal Service, Treasury.
ACTION: Final rule.
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SUMMARY: The United States Department of the Treasury (Treasury),
Bureau of the Fiscal Service, is streamlining its regulations by
removing regulations that are no longer necessary because they are
duplicative of other existing regulations, and do not add any
substantive requirements, limitations, or instructions to Treasury's
regulations.
DATES: Effective December 20, 2018.
ADDRESSES: You can download this final rule at the following internet
addresses: http://www.regulations.gov, http://www.gpo.gov, or http://www.fiscal.treasury.gov.
FOR FURTHER INFORMATION CONTACT: Thomas Kearns, Attorney-Advisor,
Office of the Chief Counsel, (202) 874-7036.
SUPPLEMENTARY INFORMATION:
I. Background
On February 24, 2017, the President issued Executive Order 13777,
Enforcing the Regulatory Reform Agenda (82 FR 12285). E.O. 13777
directed each agency to establish a Regulatory Reform Task Force. Each
Regulatory Reform Task Force was directed to review existing
regulations that: (i) Eliminate jobs, or inhibit job creation; (ii) are
outdated, unnecessary, or ineffective; (iii) impose costs that exceed
benefits; (iv) create a serious inconsistency or otherwise interfere
with regulatory reform initiatives and policies; (v) are inconsistent
with the requirements of the Information Quality Act (section 515 of
the Treasury and General Government Appropriations Act of 2001) or OMB
Information Quality Guidance issued pursuant to that provision; or (vi)
derive from or implement Executive Orders or other Presidential
directives that have been subsequently rescinded or substantially
modified.
II. Explanation of Provisions
Treasury is eliminating Bureau of the Fiscal Service regulations
that it has determined are duplicative and unnecessary. These
regulations, published at 31 CFR part 270, govern the availability of
records, materials and information to be made available to the public,
in accordance with the Freedom of Information Act, 5 U.S.C. 552. These
regulations operate in accordance with the definitions, procedures, and
other provisions of the regulations regarding the Disclosure of Records
of the Office of the Secretary and of other bureaus and offices of the
Treasury Department, published as part 1 of title 31 of the Code of
Federal Regulations. The rule found at 31 CFR part 270 is unnecessary
because it does not add any substantive requirements, limitations, or
instructions to the Treasury Department regulations and the appendices
thereto. Accordingly, the regulations in 31 CFR part 270 are being
removed.
III. Procedural Requirements
A. Administrative Procedure Act
The Administrative Procedure Act (APA) generally requires agencies
to publish a notice of proposed rulemaking in the Federal Register and
provide interested persons the opportunity to submit comments. 5 U.S.C.
553(b) and (c). The APA provides an exception to this prior notice and
comment requirement for ``rules of agency organization, procedure, or
practice.'' 5 U.S.C. 553(b)(A). This final rule is a procedural rule
promulgated for agency efficiency purposes. Treasury is removing
duplicative and unnecessary regulations, the removal of which will not
affect the substantive rights or interests of the public.
The APA also provides an exception from notice and comment
procedures when an agency finds for good cause that those procedures
are ``impracticable, unnecessary, or contrary to the public interest.''
5 U.S.C. 553(b)(B). Treasury finds good cause to issue this rule
without prior notice or comment, because such procedures are
unnecessary. The removal of these regulations will have no substantive
effect on the public because the regulations are duplicative of other
existing regulations, and their removal will not affect the substantive
rights or interests of the public.
Further, the APA generally requires that substantive rules
incorporate a 30-day delayed effective date. 5 U.S.C. 553(d). This
final rule, however, is merely procedural and promulgated for agency
efficiency purposes, and does not impose substantive requirements on,
nor affect the interests of, the public. Therefore, pursuant to 5
U.S.C. 553(d)(3), Treasury finds for good cause that a delayed
effective date is unnecessary.
B. Congressional Review Act (CRA)
This rule is not a major rule pursuant to the CRA, 5 U.S.C. 801 et
seq. It is not expected to lead to any of the results listed in 5
U.S.C. 804(2). This rule may take immediate effect after we submit a
copy of it to Congress and the Comptroller General.
C. Paperwork Reduction Act (PRA)
There is no new collection of information contained in this final
rule that would be subject to the PRA, 44 U.S.C. 3501 et seq. Under the
PRA, an agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a valid
OMB control number.
[[Page 65298]]
D. Regulatory Flexibility Act
The Regulatory Flexibility Act, 5 U.S.C. 601 et seq., does not
apply to this rule because, pursuant to 5 U.S.C. 553(a)(2), issuance
does not require notice and opportunity for public comment.
Nonetheless, this rule will not have a significant economic impact on a
substantial number of small entities.
E. Executive Order 12866
This rule is not a significant regulatory action pursuant to
Executive Order 12866.
List of Subjects in 31 CFR Part 270
Records, availability of records and information, requests for
records, Freedom of Information Act.
Amendments to the Regulations
PART 270--[REMOVED AND RESERVED]
0
Accordingly, under the authority of 5 U.S.C. 552, 31 CFR part 270 is
removed and reserved.
David A. Lebryk,
Fiscal Assistant Secretary.
[FR Doc. 2018-27546 Filed 12-19-18; 8:45 am]
BILLING CODE 4810-AS-P
