Eliminating Redundant Regulatory Part Related to Public Information and Disclosure
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Issuing agencies
Abstract
By this rule, the National Oceanic and Atmospheric Administration ("NOAA") is eliminating a part of the Code of Federal Regulations that consists solely of a single provision cross- referencing another part of the Code. This action is necessary to streamline and simplify NOAA's regulations. The intended effect of this action is to reduce administrative clutter without altering any substantive rights or obligations.
Full Text
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<title>Federal Register, Volume 91 Issue 11 (Friday, January 16, 2026)</title>
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[Federal Register Volume 91, Number 11 (Friday, January 16, 2026)]
[Rules and Regulations]
[Pages 2080-2081]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-00815]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
15 CFR Part 903
[Docket No. 260108-0022]
RIN 0648-BO37
Eliminating Redundant Regulatory Part Related to Public
Information and Disclosure
AGENCY: National Oceanic and Atmospheric Administration, Department of
Commerce.
ACTION: Final rule.
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SUMMARY: By this rule, the National Oceanic and Atmospheric
Administration (``NOAA'') is eliminating a part of the Code of Federal
Regulations that consists solely of a single provision cross-
referencing another part of the Code. This action is necessary to
streamline and simplify NOAA's regulations. The intended effect of this
action is to reduce administrative clutter without altering any
substantive rights or obligations.
DATES: The rule is effective January 16, 2026.
FOR FURTHER INFORMATION CONTACT: Daniel Sweeney, Senior Counsel, Office
of the General Counsel, at (202) 482-1395.
SUPPLEMENTARY INFORMATION:
I. Background
This rule affects 15 CFR part 903, which pertains to public access
to NOAA's records under various statutes, including the Freedom of
Information Act (``FOIA''), 5 U.S.C. 552. The sole regulation within 15
CFR part 903 is Sec. 903.1. It states that the applicable rules and
procedures are found at 15 CFR part 4, which contains the regulations
governing disclosure of government information for the Department of
Commerce (the ``Department'') at large.
Historically, 15 CFR part 903 contained NOAA's own agency-specific
regulations for implementing FOIA. However, those agency-specific
regulations were rendered obsolete when they were superseded by the
comprehensive, Department-wide FOIA regulations located at 15 CFR part
4. In a final rule published on August 11, 1992 (57 FR 35749), NOAA
revised 15 CFR part 903 to reflect this supersession and consolidation.
Specifically, the 1992 amendment removed all of the superseded
procedural text from 15 CFR part 903 and replaced it with a single
section directing readers to the comprehensive disclosure regulations
at 15 CFR part 4. Thus, as a result of the 1992 amendment, the sole
regulation within 15 CFR part 903 is simply an administrative cross-
reference to 15 CFR part 4.
II. Discussion
By this rule, NOAA is eliminating Sec. 903.1 and therefore 15 CFR
part 903 in its entirety. As discussed above, Sec. 903.1 is simply an
administrative cross-reference to the comprehensive disclosure
regulations at 15 CFR part 4. While this cross-reference may have been
somewhat useful when the comprehensive disclosure regulations were
newly promulgated, it no longer serves any meaningful, independent
function. The Department-wide regulations at 15 CFR part 4 are easy
enough to locate and fully satisfy NOAA's obligation to implement FOIA.
See 5 U.S.C. 552(a)(1), (4)(A)(i)-(ii), (6)(E)(i)-(ii) (requiring each
agency to promulgate certain disclosure-related regulations). Indeed,
no statutory authority requires NOAA to promulgate and maintain a
separate cross-reference to 15 CFR part 4. Accordingly, NOAA has
determined that maintaining such a cross-reference is unwarranted, as
it effectively amounts to regulatory clutter and it also creates some
potential for confusion (particularly with respect to
[[Page 2081]]
the lack of similar cross-references for other Department-wide
regulations). Eliminating Sec. 903.1, and therefore 15 CFR part 903 in
its entirety, is consistent with the Department's broader policy and
effort to remove regulations that are not statutorily required and do
not serve any compelling function. This elimination will streamline
NOAA's regulations without altering any substantive rights or
obligations.
III. Regulatory Certifications
A. Administrative Procedure Act
Pursuant to 5 U.S.C. 553(b)(B), the Department finds good cause to
waive the prior notice and opportunity for public participation
requirements of the Administrative Procedure Act for this final rule.
The Department considers this rule to be uncontroversial, and has
determined that prior notice and opportunity for public participation
is unnecessary, because this rule only removes an entirely unnecessary
cross-reference to other applicable regulations; public participation
could not justify the continued maintenance of 15 CFR part 903. For the
same reasons, the Department has determined that delaying the
effectiveness of these amendments would be contrary to the public
interest. The language being removed by this rule serves no meaningful,
independent purpose and effectively amounts to regulatory clutter; its
removal will immediately benefit the public at little to no cost. The
Department therefore finds good cause to waive the public notice and
comment period under 553(b)(B) and to waive the 30-day delay in
effectiveness under 553(d).
B. Executive Orders 12866, 14192, 13132
The Office of Management and Budget has determined this rule is not
significant pursuant to Executive Order (``E.O.'') 12866. This rule is
an E.O. 14192 deregulatory action. This rule does not contain policies
having federalism implications as the term is defined in E.O. 13132.
C. Regulatory Flexibility Act
Because a notice of proposed rulemaking and an opportunity for
public participation are not required to be given for this rule by 5
U.S.C. 553(b)(B), the analytical requirements of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) are not applicable. Accordingly,
no regulatory flexibility analysis is required, and none has been
prepared.
D. Paperwork Reduction Act
This rule will not impose additional reporting or recordkeeping
requirements under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501
et seq.
List of Subjects for 15 CFR Part 903
Archives and records, Freedom of information.
Dated: January 13, 2026.
Neil Jacobs,
Under Secretary of Commerce for Oceans and Atmosphere and NOAA
Administrator.
PART 903--[REMOVED AND RESERVED]
0
For the reasons set forth in the preamble under the authority of 5
U.S.C. 552 and 5 U.S.C. 301, NOAA removes and reserves 15 CFR part 903.
[FR Doc. 2026-00815 Filed 1-15-26; 8:45 am]
BILLING CODE 3510-17-P
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