[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 [www.gpo.gov]
[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Guidance Documents,'' which was revoked by the Executive order of 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 [email protected], or by telephone at 301.837.3151. 
Contact [email protected] 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

0
1. The authority citation for part 1213 continues to read as follows:

    Authority:  44 U.S.C. 2104(a).


Sec.  1213.4   [Amended]

0
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]

0
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]

0
5. Remove Sec.  1213.14.

David S. Ferriero,
Archivist of the United States.
[FR Doc. 2022-07580 Filed 4-8-22; 8:45 am]
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