Rule2022-07580
Agency Guidance Procedures
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
April 11, 2022
Effective
May 11, 2022
Issuing agencies
National Archives and Records Administration
Abstract
We are amending our regulations on general procedures applying to guidance documents NARA and its components issue. We are removing provisions added to comply with requirements in the Executive order of October 9, 2019, "Promoting the Rule of Law through Improved Agency Guidance Documents," which was revoked by the Executive order of January 20, 2021, "Revocation of Certain Executive Orders Concerning Federal Regulation."
Full Text
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<title>Federal Register, Volume 87 Issue 69 (Monday, April 11, 2022)</title>
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[Federal Register Volume 87, Number 69 (Monday, April 11, 2022)]
[Rules and Regulations]
[Pages 21023-21024]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-07580]
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NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
36 CFR Part 1213
[FDMS No. NARA-22-0008; NARA-2022-044]
RIN 3095-AC08
Agency Guidance Procedures
AGENCY: National Archives and Records Administration (NARA).
ACTION: Final rule.
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SUMMARY: We are amending our regulations on general procedures applying
to guidance documents NARA and its components issue. We are removing
provisions added to comply with requirements in the Executive order of
October 9, 2019, ``Promoting the Rule of Law through Improved Agency
Guidance Documents,'' which was revoked by the Executive order of
January 20, 2021, ``Revocation of Certain Executive Orders Concerning
Federal Regulation.''
DATES: This rule is effective on May 11, 2022.
ADDRESSES: Regulatory and External Policy Program (MP), Suite 4100,
National Archives and Records Administration, 8601 Adelphi Road,
College Park, MD 20740-6001.
FOR FURTHER INFORMATION CONTACT: Kimberly Keravuori, Regulatory and
External Policy Program Manager, by
[[Page 21024]]
email at <a href="/cdn-cgi/l/email-protection#cab8afadbfa6abbea3a5a495a9a5a7a7afa4beb98aa4abb8abe4ada5bc"><span class="__cf_email__" data-cfemail="94e6f1f3e1f8f5e0fdfbfacbf7fbf9f9f1fae0e7d4faf5e6f5baf3fbe2">[email protected]</span></a>, or by telephone at 301.837.3151.
Contact <a href="/cdn-cgi/l/email-protection#6517081611040b0104170116250b0417044b020a13"><span class="__cf_email__" data-cfemail="a4d6c9d7d0c5cac0c5d6c0d7e4cac5d6c58ac3cbd2">[email protected]</span></a> with any questions on electronic records
management.
SUPPLEMENTARY INFORMATION:
Regulatory Analysis
Executive Order 12866, Regulatory Planning and Review, and Executive
Order 13563, Improving Regulation and Regulation Review
The Office of Management and Budget (OMB) has reviewed this
rulemaking and determined it is not ``significant'' under section 3(f)
of Executive Order 12866. It is not significant because it involves
agency internal procedures and is minor and administrative in nature
and the changes are being made to align with the executive order. There
is also not a public comment period on this revision, for good cause.
Regulatory Flexibility Act (5 U.S.C. 601, et seq.)
This review requires an agency to prepare an initial regulatory
flexibility analysis and publish it when the agency publishes the
proposed rule. This requirement does not apply if the agency certifies
that the rulemaking will not, if promulgated, have a significant
economic impact on a substantial number of small entities (5 U.S.C.
603). We certify, after review and analysis, that this rulemaking will
not have a significant adverse economic impact on small entities.
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)
The Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501, et seq.)
requires that agencies consider the impact of paperwork and other
information collection burdens imposed on the public and, under the
provisions of PRA section 3507(d), obtain approval from OMB for each
collection of information we conduct, sponsor, or require through
regulations. This rulemaking does not impose additional information
collection requirements on the public that are subject to the Paperwork
Reduction Act.
Executive Order 13132, Federalism
Executive Order 13132 requires agencies to ensure state and local
officials have the opportunity for meaningful and timely input when
developing regulatory policies that may have a substantial, direct
effect on the states, on the relationship between the Federal
Government and the states, or on the distribution of power and
responsibilities among the various levels of government. If the effects
of the rule on state and local governments are sufficiently
substantial, the agency must prepare a Federal assessment to assist
senior policy makers. This rulemaking will not have any effects on
state and local governments within the meaning of the E.O. Therefore,
no federalism assessment is required.
Unfunded Mandates Reform Act (Sec. 202, Pub. L. 104-4; 2 U.S.C. 1532)
The Unfunded Mandates Reform Act requires that agencies determine
whether any Federal mandate in the rulemaking may result in state,
local, and tribal governments, in the aggregate, or the private sector,
expending $100 million in any one year. NARA certifies that this
rulemaking does not contain a Federal mandate that may result in such
an expenditure.
List of Subjects in 36 CFR Part 1213
Administrative practice and procedure.
For the reasons discussed in the preamble, NARA amends 36 CFR part
1213 as follows:
PART 1213--AGENCY GUIDANCE PROCEDURES
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1. The authority citation for part 1213 continues to read as follows:
Authority: 44 U.S.C. 2104(a).
Sec. 1213.4 [Amended]
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2. Amend Sec. 1213.4 by:
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a. Removing paragraph (b)(2)(v) and redesignating paragraphs (b)(2)(vi)
and (vii) as paragraphs (b)(2)(v) and (vi);
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b. Adding the word ``and'' at the end of newly redesignated paragraph
(b)(2)(vi);
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c. In paragraph (b)(3), removing ``; and'' and adding a period in its
place;
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d. Removing paragraph (b)(4); and
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e. In paragraph (f), removing ``Sec. 1213.6(a)'' and adding ``Sec.
1213.6'' in its place.
Sec. 1213.6 [Amended]
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3. Amend Sec. 1213.6 by:
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a. Removing paragraphs (b) and (c); and
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b. Removing the paragraph designation from paragraph (a) and removing
the last sentence of the paragraph.
Sec. 1213.8 [Amended]
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4. Amend Sec. 1213.8(d) by removing ``, set forth in E.O. 12866, E.O.
13563, E.O. 13609, E.O. 13771, and E.O. 13777'' from the end of the
last sentence.
Sec. 1213.14 [Removed]
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5. Remove Sec. 1213.14.
David S. Ferriero,
Archivist of the United States.
[FR Doc. 2022-07580 Filed 4-8-22; 8:45 am]
BILLING CODE 7515-01-P
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