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Federal Register / Vol. 86, No. 91 / Thursday, May 13, 2021 / Rules and Regulations action is a rule of agency organization, procedure, or practice. See 5 U.S.C.
553bA. This final rule merely conforms NEHs 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.

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NATIONAL FOUNDATION ON THE
ARTS AND THE HUMANITIES
National Endowment for the Humanities
RIN 3136AA42

E.O. 12866 Regulatory Planning and Review, and E.O. 13563, Improving Regulation and Regulatory Review
Processes and Procedures for Issuing Guidance Documents
This action is not significant under E.O. 12866.

National Endowment for the Humanities; National Foundation on the Arts and the Humanities.
ACTION: Final rule; removal of regulations.

E.O. 13771 Reducing Regulation and Controlling Regulatory Costs
45 CFR Part 1173

AGENCY:

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 6068322;
gencounsel@neh.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:

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.

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

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.

This rulemaking meets the applicable standards set forth in section 3a and 3b2 of E.O. 12988. Specifically, this final rule is written in clear language designed to help reduce litigation.

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 NEHs rulemakings under the Administrative Procedure Act of 1946.

E.O. 13175

Plain Writing Act of 2010

2. Compliance
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.

Administrative Procedure Act of 1946
Under the Administrative Procedure Act, an agency may waive the normal notice and comment procedures if the
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E.O. 12988

Civil Justice Reform
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

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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 1173REMOVED AND
RESERVED
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.
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