[Federal Register Volume 80, Number 51 (Tuesday, March 17, 2015)]
[Rules and Regulations]
[Pages 13757-13758]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-05899]



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 Rules and Regulations
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 This section of the FEDERAL REGISTER contains regulatory documents 
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 to and codified in the Code of Federal Regulations, which is published 
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  Federal Register / Vol. 80, No. 51 / Tuesday, March 17, 2015 / Rules 
and Regulations  

[[Page 13757]]



EXECUTIVE OFFICE OF THE PRESIDENT, OFFICE OF ADMINISTRATION

3 CFR Part 101

5 CFR Chapter XV

RIN 0300-AA00


Removal of Published Rules To Align Published Policy with Current 
Sources of Law

AGENCY: Office of Administration, Executive Office of the President.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Executive Office of the President, Office of 
Administration, is removing regulations from the Code of Federal 
Regulations related to the status of records created and maintained by 
the Executive Office of the President. This action is being taken in 
order to align Office of Administration policy with well-settled legal 
interpretations of the Office of Administration's status under Federal 
law and Executive Orders, including the Freedom of Information Act, the 
Privacy Act of 1974, and Executive Order 13526. The Office of 
Administration, as an entity whose sole function is to advise and 
assist the President of the United States, is not an agency under the 
Freedom of Information Act or the Privacy Act of 1974, nor does its 
implementation of Executive Order 13526 affect members of the public. 
Accordingly, the provisions of the Code of Federal Regulations to be 
removed are without legal effect.

DATES: This rule is effective March 17, 2015.

FOR FURTHER INFORMATION CONTACT: Hugh L. Brady, General Counsel, 
Executive Office of the President, Office of Administration, 202-395-
1268.

SUPPLEMENTARY INFORMATION: The Executive Office of the President, 
Office of Administration, removes the following provisions from the 
Code of Federal Regulations: Chapter XV, title 5, comprising 5 CFR 
parts 2500, 2502, and 2504; and 3 CFR 101.3. This action is being taken 
in order to implement well-settled legal interpretations of the Office 
of Administration's status under Federal law and Executive Orders, 
including the Freedom of Information Act, the Privacy Act of 1974, and 
Executive Order 13526. The Office of Administration, as an entity whose 
sole function is to advise and assist the President of the United 
States, is not an agency within the meaning of 5 U.S.C. 552(f), and 
thus is not subject to the Freedom of Information Act (5 U.S.C. 552) or 
the Privacy Act of 1974 (5 U.S.C. 552a). The Office of Administration's 
implementation of Executive Order 13526 does not affect members of the 
public and the Office of Administration is therefore not required to 
publish its internal policies. Accordingly, the provisions of the Code 
of Federal Regulations to be removed are without legal effect.
    This rule removing 5 CFR parts 2500, 2502, and 2504, and 3 CFR 
101.3 is issued pursuant to, among other authorities, C.R.E.W. v. 
Office of Admin., 566 F.3d 219 (D.C. Cir. 2009); Whether the Office of 
Admin. Is an ``Agency'' for Purposes of Freedom of Information Act, 31 
Op. O.L.C. (Aug. 21, 2007); Franklin v. Mass., 505 U.S. 788 (1992); and 
Kissinger v. Reporters Comm. for Freedom of the Press, 445 U.S. 136 
(1980). In C.R.E.W., the United States Court of Appeals for the 
District of Columbia Circuit held that the Office of Administration is 
not an agency within the meaning of 5 U.S.C. 552(f). Accordingly, the 
Office of Administration is not an agency for purposes of the Freedom 
of Information Act (5 U.S.C. 552) or the Privacy Act of 1974 (5 U.S.C. 
552a). All records of the Office of Administration are Presidential 
records under the Presidential Records Act, 44 U.S.C. 2201-2207, and 
are not available to the public until the fifth anniversary of the last 
year of an Administration.
    Additionally, Office of Administration procedures recorded at 5 CFR 
part 2500 reflect an internal process that has been discontinued. The 
Office of Administration does not have regulations implementing 
Executive Order 13526 that affect members of the public and is 
therefore not required to publish its internal policies.
    This rule removes all rules previously issued by the Executive 
Office of the President, Office of Administration, that are without 
legal effect under well-settled interpretations of the law by the 
courts, the Department of Justice, and the current provisions of 
Executive Order 13526. The Office of Administration therefore removes 
chapter XV, title 5 and 3 CFR 101.3.

Notice and Comment Requirements

    The provisions of the Administrative Procedure Act requiring notice 
of proposed rulemaking, the opportunity for public participation, and a 
30-day delay in effective date set forth in 5 U.S.C. 553 are 
inapplicable because they are ``unnecessary'' under 5 U.S.C. 553(b)(B) 
and the United States Court of Appeals for the District of Columbia 
Circuit's holding in C.R.E.W. The court's holding in C.R.E.W. clarifies 
that the Freedom of Information Act has no legal effect on the Office 
of Administration because the Office of Administration is not an agency 
within the meaning of 5 U.S.C. 552(f). This rule is published solely to 
align relevant provisions of the Code of Federal Regulations with well-
settled law. Thus, this rule involves no agency discretion, so notice 
of proposed rulemaking, the opportunity for public participation, and a 
30-day delay in effective date would be unnecessary.
    If this rulemaking were delayed to allow for notice and comment and 
a 30-day delay in effectiveness, it would delay alignment of the Code 
of Federal Regulations with existing Federal law as interpreted by the 
courts, the Department of Justice, and the current provisions of 
Executive Order 13526, as well as Office of Administration policy.
    Further, no other law requires that a notice of proposed rulemaking 
and an opportunity for public comment be issued for this rule. Because 
a notice of proposed rulemaking and an opportunity for public comment 
are not required to be given for this rule under the Administrative 
Procedure Act or by any other law, the analytical requirements of the 
Regulatory Flexibility Act (5 U.S.C. 601-612) are not applicable. 
Therefore, this regulation is issued in final form.

Rulemaking Requirements

    Executive Orders 13563 and 12866 direct agencies to assess all 
costs and

[[Page 13758]]

benefits of available regulatory alternatives and, if regulation is 
necessary, to select regulatory approaches that maximize net benefits 
(including potential economic, environmental, public health and safety 
effects, distributive impacts, and equity). Executive Order 13563 
emphasizes the importance of quantifying both costs and benefits, 
reducing costs, harmonizing rules, and promoting flexibility. This rule 
has not been designated a ``significant regulatory action'' under 
Executive Order 12866.
    Notwithstanding any other provision of law, no person is required 
to respond to, nor shall any person be subject to a penalty for failure 
to comply with a collection of information subject to the requirements 
of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3521), unless 
that collection of information displays a currently valid Office of 
Management and Budget Control Number. This rule does not involve any 
collection of information subject to the Paperwork Reduction Act.
    This rule does not contain ``policies that have federalism 
implications'' as that term is defined under Executive Order 13132.

List of Subjects

3 CFR Part 101

    Freedom of information.

5 CFR Part 2500

    Classified information.

5 CFR Part 2502

    Courts, Freedom of information.

5 CFR Part 2504

    Privacy.

    Accordingly, under the authority of 5 U.S.C. 553 and as discussed 
in the preamble, amend 3 CFR part 101 and chapter XV of title 5 of the 
Code of Federal Regulations as follows.

Title 3--The President

CHAPTER I--EXECUTIVE OFFICE OF THE PRESIDENT

PART 101--PUBLIC INFORMATION PROVISIONS OF THE ADMINISTRATIVE 
PROCEDURES ACT

0
1. The authority citation for part 101 continues to read as follows:

    Authority: 5 U.S.C. 552.


Sec.  101.3  [REMOVED]


0
2. Remove Sec.  101.3.

Title 5--Administrative Personnel

CHAPTER XV--[REMOVED]

0
3. Remove chapter XV, consisting of parts 2500 through 2599.

    Dated: February 23, 2015.
Beth A. Jones,
Deputy Assistant to the President, Director, Office of Administration.
[FR Doc. 2015-05899 Filed 3-16-15; 8:45 am]
 BILLING CODE 3215-F5-P