Availability of Records, 65297-65298 [2018-27546]

Agencies

• Fiscal Service
• DEPARTMENT OF THE TREASURY

[Federal Register Volume 83, Number 244 (Thursday, December 20, 2018)]
[Rules and Regulations]
[Pages 65297-65298]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27546]


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DEPARTMENT OF THE TREASURY

Fiscal Service

31 CFR Part 270


Availability of Records

AGENCY: Bureau of the Fiscal Service, Fiscal Service, Treasury.

ACTION: Final rule.

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SUMMARY: The United States Department of the Treasury (Treasury), 
Bureau of the Fiscal Service, is streamlining its regulations by 
removing regulations that are no longer necessary because they are 
duplicative of other existing regulations, and do not add any 
substantive requirements, limitations, or instructions to Treasury's 
regulations.

DATES: Effective December 20, 2018.

ADDRESSES: You can download this final rule at the following internet 
addresses: https://www.regulations.gov, https://www.gpo.gov, or https://www.fiscal.treasury.gov.

FOR FURTHER INFORMATION CONTACT: Thomas Kearns, Attorney-Advisor, 
Office of the Chief Counsel, (202) 874-7036.

SUPPLEMENTARY INFORMATION: 

I. Background

    On February 24, 2017, the President issued Executive Order 13777, 
Enforcing the Regulatory Reform Agenda (82 FR 12285). E.O. 13777 
directed each agency to establish a Regulatory Reform Task Force. Each 
Regulatory Reform Task Force was directed to review existing 
regulations that: (i) Eliminate jobs, or inhibit job creation; (ii) are 
outdated, unnecessary, or ineffective; (iii) impose costs that exceed 
benefits; (iv) create a serious inconsistency or otherwise interfere 
with regulatory reform initiatives and policies; (v) are inconsistent 
with the requirements of the Information Quality Act (section 515 of 
the Treasury and General Government Appropriations Act of 2001) or OMB 
Information Quality Guidance issued pursuant to that provision; or (vi) 
derive from or implement Executive Orders or other Presidential 
directives that have been subsequently rescinded or substantially 
modified.

II. Explanation of Provisions

    Treasury is eliminating Bureau of the Fiscal Service regulations 
that it has determined are duplicative and unnecessary. These 
regulations, published at 31 CFR part 270, govern the availability of 
records, materials and information to be made available to the public, 
in accordance with the Freedom of Information Act, 5 U.S.C. 552. These 
regulations operate in accordance with the definitions, procedures, and 
other provisions of the regulations regarding the Disclosure of Records 
of the Office of the Secretary and of other bureaus and offices of the 
Treasury Department, published as part 1 of title 31 of the Code of 
Federal Regulations. The rule found at 31 CFR part 270 is unnecessary 
because it does not add any substantive requirements, limitations, or 
instructions to the Treasury Department regulations and the appendices 
thereto. Accordingly, the regulations in 31 CFR part 270 are being 
removed.

III. Procedural Requirements

A. Administrative Procedure Act

    The Administrative Procedure Act (APA) generally requires agencies 
to publish a notice of proposed rulemaking in the Federal Register and 
provide interested persons the opportunity to submit comments. 5 U.S.C. 
553(b) and (c). The APA provides an exception to this prior notice and 
comment requirement for ``rules of agency organization, procedure, or 
practice.'' 5 U.S.C. 553(b)(A). This final rule is a procedural rule 
promulgated for agency efficiency purposes. Treasury is removing 
duplicative and unnecessary regulations, the removal of which will not 
affect the substantive rights or interests of the public.
    The APA also provides an exception from notice and comment 
procedures when an agency finds for good cause that those procedures 
are ``impracticable, unnecessary, or contrary to the public interest.'' 
5 U.S.C. 553(b)(B). Treasury finds good cause to issue this rule 
without prior notice or comment, because such procedures are 
unnecessary. The removal of these regulations will have no substantive 
effect on the public because the regulations are duplicative of other 
existing regulations, and their removal will not affect the substantive 
rights or interests of the public.
    Further, the APA generally requires that substantive rules 
incorporate a 30-day delayed effective date. 5 U.S.C. 553(d). This 
final rule, however, is merely procedural and promulgated for agency 
efficiency purposes, and does not impose substantive requirements on, 
nor affect the interests of, the public. Therefore, pursuant to 5 
U.S.C. 553(d)(3), Treasury finds for good cause that a delayed 
effective date is unnecessary.

B. Congressional Review Act (CRA)

    This rule is not a major rule pursuant to the CRA, 5 U.S.C. 801 et 
seq. It is not expected to lead to any of the results listed in 5 
U.S.C. 804(2). This rule may take immediate effect after we submit a 
copy of it to Congress and the Comptroller General.

C. Paperwork Reduction Act (PRA)

    There is no new collection of information contained in this final 
rule that would be subject to the PRA, 44 U.S.C. 3501 et seq. Under the 
PRA, an agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a valid 
OMB control number.

[[Page 65298]]

D. Regulatory Flexibility Act

    The Regulatory Flexibility Act, 5 U.S.C. 601 et seq., does not 
apply to this rule because, pursuant to 5 U.S.C. 553(a)(2), issuance 
does not require notice and opportunity for public comment. 
Nonetheless, this rule will not have a significant economic impact on a 
substantial number of small entities.

E. Executive Order 12866

    This rule is not a significant regulatory action pursuant to 
Executive Order 12866.

List of Subjects in 31 CFR Part 270

    Records, availability of records and information, requests for 
records, Freedom of Information Act.

Amendments to the Regulations

PART 270--[REMOVED AND RESERVED]

0
Accordingly, under the authority of 5 U.S.C. 552, 31 CFR part 270 is 
removed and reserved.

David A. Lebryk,
Fiscal Assistant Secretary.
[FR Doc. 2018-27546 Filed 12-19-18; 8:45 am]
 BILLING CODE 4810-AS-P