Rule2022-02132
Procedures for Issuing Guidance Documents; Recission
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
February 2, 2022
Effective
February 2, 2022
Issuing agencies
Architectural and Transportation Barriers Compliance Board
Abstract
Pursuant to the Executive Order entitled "Revocation of Certain Executive Orders concerning Federal Regulation", the Architectural and Transportation Barriers Compliance Board (hereafter, "Access Board," or "Board"), is removing its regulation that details internal procedures for issuance, public availability, modification, and withdrawal of agency guidance documents, as defined by the Executive Order entitled "Promoting the Rule of Law Through Agency Guidance Documents".
Full Text
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<title>Federal Register, Volume 87 Issue 22 (Wednesday, February 2, 2022)</title>
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[Federal Register Volume 87, Number 22 (Wednesday, February 2, 2022)]
[Rules and Regulations]
[Pages 5692-5693]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-02132]
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ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD
36 CFR Part 1155
[Docket No. ATBCB-2020-0003]
RIN 3014-AA46
Procedures for Issuing Guidance Documents; Recission
AGENCY: Architectural and Transportation Barriers Compliance Board.
ACTION: Final rule.
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SUMMARY: Pursuant to the Executive Order entitled ``Revocation of
Certain Executive Orders concerning Federal Regulation'', the
Architectural and Transportation Barriers Compliance Board (hereafter,
``Access Board,'' or ``Board''), is removing its regulation that
details internal procedures for issuance, public availability,
modification, and withdrawal of agency guidance documents, as defined
by the Executive Order entitled ``Promoting the Rule of Law Through
Agency Guidance Documents''.
DATES: This final rule is effective February 2, 2022.
FOR FURTHER INFORMATION CONTACT: General Counsel Christopher Kuczynski,
(202) 272-0042, <a href="/cdn-cgi/l/email-protection#eb8c8e858e998a8788849e85988e87ab8a88888e9898c6d78acb83998e8dd6" http: board.gov">board.gov</a>">generalcounsel@access-<a href="http://board.gov">board.gov</a></a>.
SUPPLEMENTARY INFORMATION:
I. Background
Executive Order (E.O.) 13891, ``Promoting the Rule of Law Through
Improved Agency Guidance Documents,'' issued on October 9, 2019,
required each agency to promulgate regulations that ``set forth
processes and procedures for issuing guidance documents.'' 84 FR 55235.
On September 21, 2020, the Board issued a final rule, entitled
``Guidance Documents,'' to implement E.O. 13891. 85 FR 59187. The final
rule established 36 CFR part 1155, which created internal procedural
requirements governing the issuance, public availability, and
modification or withdrawal of Access Board guidance documents.
On January 20, 2021, President Biden issued E.O. 13992,
``Revocation of Certain Executive Orders Concerning Federal
Regulation,'' which, among other things, revokes E.O. 13891. 86 FR
7049. To comply with the new executive order, the Access Board is
rescinding its newly-issued guidance procedures codified at 36 CFR part
1155. Nonetheless, the Board intends to retain all Access Board
guidance documents in a single location on the agency's website at
<a href="http://www.access-board.gov/guidance">www.access-board.gov/guidance</a>, as we believe this improves the
usability of, and access to, our guidance documents for the public.
II. Regulatory Process Matters
Administrative Procedure Act
The rescinded guidance procedures and this final rule solely
address internal matters related to agency management and practices. As
such, this rule is exempt from the notice-and-comment process pursuant
to the Administrative Procedure Act. See 5 U.S.C. 553(a)(2),
553(b)(3)(A). The
[[Page 5693]]
original final rule was issued without notice and comment. This rule is
also exempt from the requirement in 5 U.S.C. 553(d) that the effective
date of a regulation must be at least 30 days after publication in the
Federal Register.
Executive Order 12866
This final rule rescinds internal rules of agency procedure only.
OMB has determined that the rule is not a significant regulatory action
within the meaning of Executive Order 12866.
Congressional Review Act
This final rule is not a major rule within the meaning of the
Congressional Review Act. See 5 U.S.C. 801, et seq.
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) requires Federal agencies to
analyze regulatory options that may assist in minimizing any
significant impact of a rule on small businesses and small governmental
jurisdictions. See 5 U.S.C. 604, 605(b). Because this final rule
relates solely to the recission of agency internal procedures and,
moreover, is not subject to notice-and-comment rulemaking, the RFA is
inapplicable.
Federalism (Executive Order 13132)
The Access Board has analyzed this direct final rule in accordance
with the principles and criteria set forth in Executive Order 13132.
The Board has determined that this action will not have a substantial
direct effect on the States, or the relationship between the Federal
Government and the States, or on the distribution of power and
responsibilities among the various levels of government, and,
therefore, does not have Federalism implications.
Paperwork Reduction Act
This final rule does not specify any new collections of information
or recordkeeping requirements that require OMB approval under the
Paperwork Reduction Act. See 44 U.S.C. 3501 et seq.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (codified at 2 U.S.C. 1531
et seq.) (``UMRA'') generally requires that Federal agencies assess the
effects of their discretionary regulatory actions that may result in
the expenditure of $100 million (adjusted for inflation) or more in any
one year by the private sector, or by State, local, and tribal
governments in the aggregate. Because this direct final rule is being
issued under the good cause exception in the Administrative Procedure
Act section 553(b)(B), UMRA's analytical requirements are inapplicable.
See 2 U.S.C. 1532(a).
List of Subjects in 36 CFR Part 1155
Administrative practice and procedure.
For the reasons discussed in the preamble, and under the authority
of 29 U.S.C. 792, the Access Board amends 36 CFR chapter XI as follows:
PART 1155--[REMOVE AND RESERVE]
0
1. Remove and reserve part 1155.
Sachin Pavithran,
Executive Director.
[FR Doc. 2022-02132 Filed 2-1-22; 8:45 am]
BILLING CODE 8150-01-P
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