[Federal Register Volume 87, Number 22 (Wednesday, February 2, 2022)]
[Rules and Regulations]
[Pages 5692-5693]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02132]


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ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD

36 CFR Part 1155

[Docket No. ATBCB-2020-0003]
RIN 3014-AA46


Procedures for Issuing Guidance Documents; Recission

AGENCY: Architectural and Transportation Barriers Compliance Board.

ACTION: Final rule.

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SUMMARY: Pursuant to the Executive Order entitled ``Revocation of 
Certain Executive Orders concerning Federal Regulation'', the 
Architectural and Transportation Barriers Compliance Board (hereafter, 
``Access Board,'' or ``Board''), is removing its regulation that 
details internal procedures for issuance, public availability, 
modification, and withdrawal of agency guidance documents, as defined 
by the Executive Order entitled ``Promoting the Rule of Law Through 
Agency Guidance Documents''.

DATES: This final rule is effective February 2, 2022.

FOR FURTHER INFORMATION CONTACT: General Counsel Christopher Kuczynski, 
(202) 272-0042, <a href="/cdn-cgi/l/email-protection#eb8c8e858e998a8788849e85988e87ab8a88888e9898c6d78acb83998e8dd6" http: board.gov">board.gov</a>">generalcounsel@access-board.gov</a>.

SUPPLEMENTARY INFORMATION:

I. Background

    Executive Order (E.O.) 13891, ``Promoting the Rule of Law Through 
Improved Agency Guidance Documents,'' issued on October 9, 2019, 
required each agency to promulgate regulations that ``set forth 
processes and procedures for issuing guidance documents.'' 84 FR 55235. 
On September 21, 2020, the Board issued a final rule, entitled 
``Guidance Documents,'' to implement E.O. 13891. 85 FR 59187. The final 
rule established 36 CFR part 1155, which created internal procedural 
requirements governing the issuance, public availability, and 
modification or withdrawal of Access Board guidance documents.
    On January 20, 2021, President Biden issued E.O. 13992, 
``Revocation of Certain Executive Orders Concerning Federal 
Regulation,'' which, among other things, revokes E.O. 13891. 86 FR 
7049. To comply with the new executive order, the Access Board is 
rescinding its newly-issued guidance procedures codified at 36 CFR part 
1155. Nonetheless, the Board intends to retain all Access Board 
guidance documents in a single location on the agency's website at 
www.access-board.gov/guidance, as we believe this improves the 
usability of, and access to, our guidance documents for the public.

II. Regulatory Process Matters

Administrative Procedure Act

    The rescinded guidance procedures and this final rule solely 
address internal matters related to agency management and practices. As 
such, this rule is exempt from the notice-and-comment process pursuant 
to the Administrative Procedure Act. See 5 U.S.C. 553(a)(2), 
553(b)(3)(A). The

[[Page 5693]]

original final rule was issued without notice and comment. This rule is 
also exempt from the requirement in 5 U.S.C. 553(d) that the effective 
date of a regulation must be at least 30 days after publication in the 
Federal Register.

Executive Order 12866

    This final rule rescinds internal rules of agency procedure only. 
OMB has determined that the rule is not a significant regulatory action 
within the meaning of Executive Order 12866.

Congressional Review Act

    This final rule is not a major rule within the meaning of the 
Congressional Review Act. See 5 U.S.C. 801, et seq.

Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) requires Federal agencies to 
analyze regulatory options that may assist in minimizing any 
significant impact of a rule on small businesses and small governmental 
jurisdictions. See 5 U.S.C. 604, 605(b). Because this final rule 
relates solely to the recission of agency internal procedures and, 
moreover, is not subject to notice-and-comment rulemaking, the RFA is 
inapplicable.

Federalism (Executive Order 13132)

    The Access Board has analyzed this direct final rule in accordance 
with the principles and criteria set forth in Executive Order 13132. 
The Board has determined that this action will not have a substantial 
direct effect on the States, or the relationship between the Federal 
Government and the States, or on the distribution of power and 
responsibilities among the various levels of government, and, 
therefore, does not have Federalism implications.

Paperwork Reduction Act

    This final rule does not specify any new collections of information 
or recordkeeping requirements that require OMB approval under the 
Paperwork Reduction Act. See 44 U.S.C. 3501 et seq.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (codified at 2 U.S.C. 1531 
et seq.) (``UMRA'') generally requires that Federal agencies assess the 
effects of their discretionary regulatory actions that may result in 
the expenditure of $100 million (adjusted for inflation) or more in any 
one year by the private sector, or by State, local, and tribal 
governments in the aggregate. Because this direct final rule is being 
issued under the good cause exception in the Administrative Procedure 
Act section 553(b)(B), UMRA's analytical requirements are inapplicable. 
See 2 U.S.C. 1532(a).

List of Subjects in 36 CFR Part 1155

    Administrative practice and procedure.

    For the reasons discussed in the preamble, and under the authority 
of 29 U.S.C. 792, the Access Board amends 36 CFR chapter XI as follows:

PART 1155--[REMOVE AND RESERVE]

0
1. Remove and reserve part 1155.

Sachin Pavithran,
Executive Director.
[FR Doc. 2022-02132 Filed 2-1-22; 8:45 am]
BILLING CODE 8150-01-P


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