Processes and Procedures for Issuing Guidance Documents
| Published date | 13 May 2021 |
| Citation | 86 FR 26184 |
| Record Number | 2021-10143 |
| Section | Rules and Regulations |
| Court | National Endowment For The Humanities |
Federal Register, Volume 86 Issue 91 (Thursday, May 13, 2021)
[Federal Register Volume 86, Number 91 (Thursday, May 13, 2021)]
[Rules and Regulations]
[Page 26184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10143]
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NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES
National Endowment for the Humanities
45 CFR Part 1173
RIN 3136-AA42
Processes and Procedures for Issuing Guidance Documents
AGENCY: National Endowment for the Humanities; National Foundation on
the Arts and the Humanities.
ACTION: Final rule; removal of regulations.
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SUMMARY: This document rescinds the National Endowment for the
Humanities' rule governing the issuance of guidance documents.
DATES: This final rule is effective on May 13, 2021.
FOR FURTHER INFORMATION CONTACT: Elizabeth Voyatzis, Deputy General
Counsel, 400 7th Street SW, Room 4060, Washington, DC 20506; (202) 606-
8322; [email protected].
SUPPLEMENTARY INFORMATION:
1. Background
On September 14, 2020, the National Endowment for the Humanities
(NEH) published a final rule governing the issuance of guidance
documents entitled ``Processes and Procedures for Issuing Guidance
Documents'' (85 FR 56525). The rule implemented the directives set
forth in E.O. 13891 of October 9, 2019 (Promoting the Rule of Law
Through Improved Agency Guidance Documents).
E.O. 13992 of January 20, 2021 (Revocation of Certain Executive
Orders Concerning Federal Regulation), revokes E.O. 13891 and directs
the heads of agencies to promptly take steps to rescind any orders,
rules, regulations, guidelines, or policies, or portions thereof
implementing or enforcing E.O. 13891, as appropriate and consistent
with applicable law, including the Administrative Procedure Act, 5
U.S.C. 551 et seq. In accordance with E.O. 13992, NEH is issuing this
final rule, which rescinds the rule published at 85 FR 56525.
2. Compliance
Administrative Procedure Act of 1946
Under the Administrative Procedure Act, an agency may waive the
normal notice and comment procedures if the action is a rule of agency
organization, procedure, or practice. See 5 U.S.C. 553(b)(A). This
final rule merely conforms NEH's internal policy and procedures to the
directives set forth in E.O. 13992. Accordingly, NEH has concluded that
there is good cause to publish this rule without prior public notice
and comment.
E.O. 12866 Regulatory Planning and Review, and E.O. 13563, Improving
Regulation and Regulatory Review
This action is not significant under E.O. 12866.
E.O. 13771 Reducing Regulation and Controlling Regulatory Costs
This action is not expected to be an E.O. 13771 regulatory action
because this action is not significant under E.O. 12866.
E.O. 13132 Federalism
This rulemaking 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.
E.O. 12988 Civil Justice Reform
This rulemaking meets the applicable standards set forth in section
3(a) and 3(b)(2) of E.O. 12988. Specifically, this final rule is
written in clear language designed to help reduce litigation.
E.O. 13175 Indian Tribal Governments
Under the criteria in E.O. 13175, NEH evaluated this final rule and
determined that it will not have any potential effects on Federally
recognized Indian Tribes.
E.O. 12630 Takings
Under the criteria in E.O. 12630, this rulemaking does not have
significant takings implications. Therefore, a takings implication
assessment is not required.
Regulatory Flexibility Act of 1980
This rulemaking will not have a significant adverse impact on a
substantial number of small entities, including small businesses, small
governmental jurisdictions, or certain small not-for-profit
organizations.
Paperwork Reduction Act of 1995
This rulemaking does not impose an information collection burden
under the Paperwork Reduction Act. This action contains no provisions
constituting a collection of information pursuant to the Paperwork
Reduction Act.
Unfunded Mandates Reform Act of 1995
This rulemaking does not contain a Federal mandate that will result
in the expenditure by State, local, and Tribal governments, in the
aggregate, or by the private sector of $100 million or more in any one
year.
National Environmental Policy Act of 1969
This final rule will not have a significant effect on the human
environment.
Small Business Regulatory Enforcement Fairness Act of 1996
This action pertains to agency management, personnel, and
organization and does not substantially affect the rights or
obligations of nonagency parties. Accordingly, it is not a ``rule'' as
that term is used by the Congressional Review Act (Subtitle E of the
Small Business Regulatory Enforcement Fairness Act of 1996), and the
reporting requirement of 5 U.S.C. 801 does not apply.
E-Government Act of 2002
All information about NEH required to be published in the Federal
Register may be accessed at https://www.neh.gov. The website https://www.regulations.gov contains electronic dockets for NEH's rulemakings
under the Administrative Procedure Act of 1946.
Plain Writing Act of 2010
To ensure this final rule was written in plain and clear language
so that it can be used and understood by the public, NEH modeled the
language of this final rule on the Federal Plain Language Guidelines.
List of Subjects in 45 CFR 1173
Administrative practice and procedure.
PART 1173--[REMOVED AND RESERVED]
0
For the reasons stated in the preamble, and under the authority of 5
U.S.C. 301; 20 U.S.C. 956 and E.O. 13992, the National Endowment for
the Humanities removes and reserves 45 CFR part 1173.
Dated: May 10, 2021.
Elizabeth Voyatzis,
Deputy General Counsel, National Endowment for the Humanities.
[FR Doc. 2021-10143 Filed 5-12-21; 8:45 am]
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