[Federal Register Volume 86, Number 91 (Thursday, May 13, 2021)]
[Rules and Regulations]
[Page 26184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10143]


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NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES

National Endowment for the Humanities

45 CFR Part 1173

RIN 3136-AA42


Processes and Procedures for Issuing Guidance Documents

AGENCY: National Endowment for the Humanities; 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 
Humanities' rule governing the issuance of guidance documents.

DATES: This final rule is effective on May 13, 2021.

FOR FURTHER INFORMATION CONTACT: Elizabeth Voyatzis, Deputy General 
Counsel, 400 7th Street SW, Room 4060, Washington, DC 20506; (202) 606-
8322; [email protected].

SUPPLEMENTARY INFORMATION:

1. Background

    On September 14, 2020, the National Endowment for the Humanities 
(NEH) published a final rule governing the issuance of guidance 
documents entitled ``Processes and Procedures for Issuing Guidance 
Documents'' (85 FR 56525). The rule implemented the directives set 
forth in 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, NEH is issuing this 
final rule, which rescinds the rule published at 85 FR 56525.

2. Compliance

Administrative Procedure Act of 1946

    Under the Administrative Procedure Act, an agency may waive the 
normal notice and comment procedures if the action is a rule of agency 
organization, procedure, or practice. See 5 U.S.C. 553(b)(A). This 
final rule merely conforms NEH's internal policy and procedures to the 
directives set forth in E.O. 13992. Accordingly, NEH has concluded that 
there is good cause to publish this rule without prior public notice 
and comment.

E.O. 12866 Regulatory Planning and Review, and E.O. 13563, Improving 
Regulation and Regulatory Review

    This action is not significant under E.O. 12866.

E.O. 13771 Reducing Regulation and Controlling Regulatory Costs

    This action is not expected to be an E.O. 13771 regulatory action 
because this action is not significant under E.O. 12866.

E.O. 13132 Federalism

    This rulemaking does not have federalism implications. It will not 
have substantial direct effects on the states, on the relationship 
between the national government and the states, or on the distribution 
of power and responsibilities among the various levels of government.

E.O. 12988 Civil Justice Reform

    This rulemaking meets the applicable standards set forth in section 
3(a) and 3(b)(2) of E.O. 12988. Specifically, this final rule is 
written in clear language designed to help reduce litigation.

E.O. 13175 Indian Tribal Governments

    Under the criteria in E.O. 13175, NEH evaluated this final rule and 
determined that it will not have any potential effects on Federally 
recognized Indian Tribes.

E.O. 12630 Takings

    Under the criteria in E.O. 12630, this rulemaking does not have 
significant takings implications. Therefore, a takings implication 
assessment is not required.

Regulatory Flexibility Act of 1980

    This rulemaking will not have a significant adverse impact on a 
substantial number of small entities, including small businesses, small 
governmental jurisdictions, or certain small not-for-profit 
organizations.

Paperwork Reduction Act of 1995

    This rulemaking does not impose an information collection burden 
under the Paperwork Reduction Act. This action contains no provisions 
constituting a collection of information pursuant to the Paperwork 
Reduction Act.

Unfunded Mandates Reform Act of 1995

    This rulemaking does not contain a Federal mandate that will result 
in the expenditure by State, local, and Tribal governments, in the 
aggregate, or by the private sector of $100 million or more in any one 
year.

National Environmental Policy Act of 1969

    This final rule will not have a significant effect on the human 
environment.

Small Business Regulatory Enforcement Fairness Act of 1996

    This action pertains to agency management, personnel, and 
organization and does not substantially affect the rights or 
obligations of nonagency parties. Accordingly, it 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), and the 
reporting requirement of 5 U.S.C. 801 does not apply.

E-Government Act of 2002

    All information about NEH required to be published in the Federal 
Register may be accessed at https://www.neh.gov. The website https://www.regulations.gov contains electronic dockets for NEH's rulemakings 
under the Administrative Procedure Act of 1946.

Plain Writing Act of 2010

    To ensure this final rule was written in plain and clear language 
so that it can be used and understood by the public, NEH modeled the 
language of this final rule on the Federal Plain Language Guidelines.

List of Subjects in 45 CFR 1173

    Administrative practice and procedure.

PART 1173--[REMOVED AND RESERVED]

0
For the reasons stated in the preamble, and under the authority of 5 
U.S.C. 301; 20 U.S.C. 956 and E.O. 13992, the National Endowment for 
the Humanities removes and reserves 45 CFR part 1173.

    Dated: May 10, 2021.
Elizabeth Voyatzis,
Deputy General Counsel, National Endowment for the Humanities.
[FR Doc. 2021-10143 Filed 5-12-21; 8:45 am]
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