[Federal Register Volume 86, Number 203 (Monday, October 25, 2021)]
[Rules and Regulations]
[Page 58809]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23135]


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NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES

National Endowment for the Arts

45 CFR Part 1157

RIN 3135-AA35


Procedures for Guidance Documents

AGENCY: National Endowment for the Arts, 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 Arts' 
rule relating to the issuance of guidance documents.

DATES: This rule is effective on October 25, 2021.

FOR FURTHER INFORMATION CONTACT: Daniel Fishman, Assistant General 
Counsel, National Endowment for the Arts, 400 7th Street SW, 
Washington, DC 20506; [email protected]; 202-682-5418. Please reference 
RIN 3135-AA35 in your correspondence.

SUPPLEMENTARY INFORMATION:

1. Background

    On August 28, 2020, the National Endowment for the Arts (NEA) 
published an interim final rule governing the issuance of guidance 
documents entitled ``Processes and Procedures for Issuing Guidance 
Documents'' (85 FR 53186). The rule implemented the directives set 
forth in Executive Order (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, the NEA is issuing 
this rule, which rescinds the rule published at 85 FR 53186.

2. Compliance

Administrative Procedure Act

    This rule incorporates requirements of E.O. 13992 and the NEA's 
existing internal policy and procedures into the CFR. Therefore, in 
accordance with 5 U.S.C. 553, there is good cause for this rule of 
Agency organization, procedure, or practice, to be enacted without 
notice and comment. See 5 U.S.C. 553(b)(A).

Executive Order 12866

    This rule is an internal rule of agency procedure and is not a 
significant regulatory action under Executive Order 12866.

Regulatory Flexibility Act

    As required by the Regulatory Flexibility Act of 1980 (5 U.S.C. 605 
(b)), the NEA certifies that this rule, if adopted, will not have a 
significant economic impact on a substantial number of small entities.

Unfunded Mandates

    For purposes of Title II of the Unfunded Mandates Reform Act of 
1995, 2 U.S.C. 1531-1538, as well as Executive Order 12875, this 
regulatory action does not contain any Federal mandate that may result 
in increased expenditures in either Federal, state, local, or tribal 
governments in the aggregate, or impose an annual burden exceeding $100 
million on the private sector.

Paperwork Reduction Act

    The rule does not contain any information collection requirement 
subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.).

Executive Order 13132, Federalism

    Executive Order 13132, Federalism, prohibits an agency from 
publishing any rule that has federalism implications if the rule 
imposes substantial direct compliance costs on state and local 
governments and is not required by statute, or the rule preempts state 
law, unless the agency meets the consultation and funding requirements 
of section 6 of the Executive order. This rule does not have any 
federalism implications, as described above.

Congressional Review Act

    This action pertains to agency management, personnel, and 
organization and does not substantially affect the rights or 
obligations of nonagency parties and, accordingly, 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 (SBREFA)). 
Therefore, the reporting requirement of 5 U.S.C. 801 does not apply. 
However, for each final guidance document issued pursuant to these 
regulations and adopted by the NEA, it will submit appropriate reports 
to Congress and the Government Accountability Office (GAO) and comply 
with the procedures specified by 5 U.S.C. 801.

List of Subjects in 45 CFR Part 1157

    Administrative practice and procedure.

PART 1157--[REMOVED AND RESERVED]

0
For reasons set forth in the preamble, and under the authority of 20 
U.S.C. 959, the NEA removes and reserves 45 CFR part 1157.

    Dated: October 19, 2021.
Meghan Jugder,
Support Services Specialist, Office of Administrative Services & 
Contracts, National Endowment for the Arts.
[FR Doc. 2021-23135 Filed 10-22-21; 8:45 am]
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