Rule2021-23135
Procedures for Guidance Documents
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 25, 2021
Effective
October 25, 2021
Issuing agencies
National Foundation on the Arts and the HumanitiesNational Endowment for the Arts
Abstract
This document rescinds the National Endowment for the Arts' rule relating to the issuance of guidance documents.
Full Text
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<title>Federal Register, Volume 86 Issue 203 (Monday, October 25, 2021)</title>
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[Federal Register Volume 86, Number 203 (Monday, October 25, 2021)]
[Rules and Regulations]
[Page 58809]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-23135]
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NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES
National Endowment for the Arts
45 CFR Part 1157
RIN 3135-AA35
Procedures for Guidance Documents
AGENCY: National Endowment for the Arts, 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 Arts'
rule relating to the issuance of guidance documents.
DATES: This rule is effective on October 25, 2021.
FOR FURTHER INFORMATION CONTACT: Daniel Fishman, Assistant General
Counsel, National Endowment for the Arts, 400 7th Street SW,
Washington, DC 20506; <a href="/cdn-cgi/l/email-protection#b5d3dcc6ddd8d4dbd1f5d4c7c1c69bd2dac3"><span class="__cf_email__" data-cfemail="b1d7d8c2d9dcd0dfd5f1d0c3c5c29fd6dec7">[email protected]</span></a>; 202-682-5418. Please reference
RIN 3135-AA35 in your correspondence.
SUPPLEMENTARY INFORMATION:
1. Background
On August 28, 2020, the National Endowment for the Arts (NEA)
published an interim final rule governing the issuance of guidance
documents entitled ``Processes and Procedures for Issuing Guidance
Documents'' (85 FR 53186). The rule implemented the directives set
forth in Executive Order (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, the NEA is issuing
this rule, which rescinds the rule published at 85 FR 53186.
2. Compliance
Administrative Procedure Act
This rule incorporates requirements of E.O. 13992 and the NEA's
existing internal policy and procedures into the CFR. Therefore, in
accordance with 5 U.S.C. 553, there is good cause for this rule of
Agency organization, procedure, or practice, to be enacted without
notice and comment. See 5 U.S.C. 553(b)(A).
Executive Order 12866
This rule is an internal rule of agency procedure and is not a
significant regulatory action under Executive Order 12866.
Regulatory Flexibility Act
As required by the Regulatory Flexibility Act of 1980 (5 U.S.C. 605
(b)), the NEA certifies that this rule, if adopted, will not have a
significant economic impact on a substantial number of small entities.
Unfunded Mandates
For purposes of Title II of the Unfunded Mandates Reform Act of
1995, 2 U.S.C. 1531-1538, as well as Executive Order 12875, this
regulatory action does not contain any Federal mandate that may result
in increased expenditures in either Federal, state, local, or tribal
governments in the aggregate, or impose an annual burden exceeding $100
million on the private sector.
Paperwork Reduction Act
The rule does not contain any information collection requirement
subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.).
Executive Order 13132, Federalism
Executive Order 13132, Federalism, prohibits an agency from
publishing any rule that has federalism implications if the rule
imposes substantial direct compliance costs on state and local
governments and is not required by statute, or the rule preempts state
law, unless the agency meets the consultation and funding requirements
of section 6 of the Executive order. This rule does not have any
federalism implications, as described above.
Congressional Review Act
This action pertains to agency management, personnel, and
organization and does not substantially affect the rights or
obligations of nonagency parties and, accordingly, 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 (SBREFA)).
Therefore, the reporting requirement of 5 U.S.C. 801 does not apply.
However, for each final guidance document issued pursuant to these
regulations and adopted by the NEA, it will submit appropriate reports
to Congress and the Government Accountability Office (GAO) and comply
with the procedures specified by 5 U.S.C. 801.
List of Subjects in 45 CFR Part 1157
Administrative practice and procedure.
PART 1157--[REMOVED AND RESERVED]
0
For reasons set forth in the preamble, and under the authority of 20
U.S.C. 959, the NEA removes and reserves 45 CFR part 1157.
Dated: October 19, 2021.
Meghan Jugder,
Support Services Specialist, Office of Administrative Services &
Contracts, National Endowment for the Arts.
[FR Doc. 2021-23135 Filed 10-22-21; 8:45 am]
BILLING CODE 7537-01-P
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