Proposed Rule2023-09054
Removal of Freedom of Information Act Regulation Issued by National Foundation on the Arts and the Humanities
Primary source
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Published
May 3, 2023
Effective
May 3, 2023
Issuing agencies
National Foundation on the Arts and the Humanities
Abstract
This rulemaking rescinds the National Foundation on the Arts and the Humanities' (the "Foundation") regulations implementing the Freedom of Information Act ("FOIA"). These regulations are obsolete because each of the Foundation's constituent agencies--the National Endowment for the Arts ("NEA"), the National Endowment for the Humanities ("NEH"), the Institute of Museum and Library Services ("IMLS"), and the Federal Council on the Arts and the Humanities ("FCAH")--either have adopted their own, agency-specific regulations, or are not required to implement Freedom of Information Act regulations.
Full Text
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<title>Federal Register, Volume 88 Issue 85 (Wednesday, May 3, 2023)</title>
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[Federal Register Volume 88, Number 85 (Wednesday, May 3, 2023)]
[Proposed Rules]
[Pages 27848-27849]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-09054]
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NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES
45 CFR Part 1110
Removal of Freedom of Information Act Regulation Issued by
National Foundation on the Arts and the Humanities
AGENCY: National Endowment for the Arts, National Endowment for the
Humanities, Institute of Museum and Library Services, National
Foundation on the Arts and the Humanities.
ACTION: Notice of proposed rulemaking.
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SUMMARY: This rulemaking rescinds the National Foundation on the Arts
and the Humanities' (the ``Foundation'') regulations implementing the
Freedom of Information Act (``FOIA''). These regulations are obsolete
because each of the Foundation's constituent agencies--the National
Endowment for the Arts (``NEA''), the National Endowment for the
Humanities (``NEH''), the Institute of Museum and Library Services
(``IMLS''), and the Federal Council on the Arts and the Humanities
(``FCAH'')--either have adopted their own, agency-specific regulations,
or are not required to implement Freedom of Information Act
regulations.
DATES: The public comment period for the proposed rule opens on May 3,
2023. Written comments must be received on or before June 2, 2023.
ADDRESSES: You may submit comments, identified by RIN 3135-AA26, by any
of the following methods:
(a) Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow
the instructions for submitting comments.
(b) Email: <a href="/cdn-cgi/l/email-protection#deb9bbb0bbacbfb2bdb1abb0adbbb29ebfacaaadf0b9b1a8"><span class="__cf_email__" data-cfemail="4d2a2823283f2c212e2238233e28210d2c3f393e632a223b">[email protected]</span></a>. Include RIN 3135-AA26 in the
subject line of the message.
(c) Mail: National Endowment for the Arts, Office of General
Counsel, 400 7th Street SW, Second Floor, Washington, DC 20506.
(d) Hand Delivery/Courier: National Endowment for the Arts, Office
of the General Counsel, 400 7th Street SW, Second Floor, Washington, DC
20506.
[[Page 27849]]
Instructions: All submissions received must include the agency name
and docket number or Regulatory Information Number (3135-AA26) for this
rulemaking.
Docket: For access to the docket to read background documents or
comments received, go to 400 7th Street SW, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Daniel Fishman, Assistant General
Counsel, National Endowment for the Arts, 400 7th St. SW, Washington,
DC 20506, Telephone: 202-682-5418.
SUPPLEMENTARY INFORMATION:
1. Background
The Foundation operates under the National Foundation on the Arts
and the Humanities Act of 1965, as amended (20 U.S.C. 951 et seq.), and
consists of the NEA, NEH, IMLS, and FCAH (collectively, the
``Foundation's constituent agencies'').
The Foundation's FOIA regulations located at 45 CFR 1100 are now
obsolete. The NEA, NEH, and IMLS have each adopted their own, agency-
specific regulations. On February 27, 2019, the NEA promulgated FOIA
regulations to 45 CFR Chapter XI, Subchapter B (45 CFR part 1148),
which only apply to the NEA, effectively superseding the Foundation's
FOIA regulations and rendering them duplicative. NEH and IMLS had
previously added NEH- and IMLS-specific FOIA regulations to 45 CFR,
Subchapters D and E (45 CFR parts 1171 & 1184), respectively, which
replaced the Foundation's FOIA regulations with respect to NEH and
IMLS. FCAH relies upon the NEA and NEH for its administration and does
not maintain any systems of records of its own; thus, any requests for
information or documents would be better directed to the other two
constituent agencies of the Foundation to obtain the same information.
Accordingly, the Foundation's constituent agencies propose
rescinding the Foundation's regulations located at 45 CFR 1100.
2. Compliance
Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
Executive Order 12866 (E.O. 12866) established a process for review
of rules by the Office of Information and Regulatory Affairs, which is
within the Office of Management and Budget (OMB). Only ``significant''
proposed and final rules are subject to review under this Executive
Order. ``Significant,'' as used in E.O. 12866, means ``economically
significant.'' It refers to rules (1) with an impact on the economy of
$100 million or more or that adversely affect in a material way the
economy, a sector of the economy, productivity, competition, jobs, the
environment, public safety or health, or State, local or tribal
Governments or communities; or that (2) were inconsistent or interfered
with an action taken or planned by another agency; (3) materially
altered the budgetary impact of entitlements, grants, user fees, or
loan programs or the rights or obligations of their recipients; or (4)
raised novel legal or policy issues.
This proposed rule would not be a significant policy change, and
OMB has not reviewed this proposed rule under E.O. 12866. We have made
the assessments required by E.O. 12866 and determined that this
proposed rulemaking: (1) will not have an effect of $100 million or
more on the economy and will not adversely affect in a material way the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or Tribal governments or
communities; (2) will not create a serious inconsistency or otherwise
interfere with an action taken or planned by another agency; (3) does
not alter the budgetary effects of entitlements, grants, user fees, or
loan programs or the rights or obligations of their recipients; and (4)
does not raise novel legal or policy issues.
Executive Order 12988: Civil Justice Reform
This proposed rule meets the applicable standards set forth in
sections 3(a) and 3(b)(2) of E.O. 12988. Specifically, this proposed
rule is written in clear language designed to help reduce litigation.
Paperwork Reduction Act of 1995 (``PRA'')
This proposed rule does not impose an information collection burden
under the PRA. This proposed rule contains no provisions constituting a
collection of information under the PRA.
Regulatory Flexibility Act of 1980 (``RFA'')
This proposed rule 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.
Unfunded Mandates Reform Act of 1995 (``UMRA'')
This proposed rule 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.
Executive Order 13132 (Federalism)
This proposed rulemaking does not have federalism implications, as
set forth in E.O. 13132. As used in this order, federalism implications
mean ``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.''
The NEA has determined that this proposed rulemaking will not have
federalism implications within the meaning of E.O. 13132.
Executive Order 13175: Consultation and Coordination With Indian Tribal
Governments
Under the criteria in E.O. 13175, we have evaluated this proposed
rule and determined that it would have no potential effects on
Federally recognized Indian Tribes.
Executive Order 12630: Takings
Under the criteria in E.O. 12630, this proposed rule does not have
significant takings implications. Therefore, a takings implication
assessment is not required.
List of Subjects in 45 CFR Part 1110
Administrative practice and procedure, Archives and records,
Freedom of information.
For the reasons stated in the preamble, and under the authority of
5 U.S.C. 552, the NEA, NEH (for itself and on behalf of FCAH, for which
NEH provides legal counsel), and IMLS propose to amend 45 CFR Chapter
XI Subchapter A as follows:
PART 1100--[Removed]
0
1. Remove Part 1100.
Valencia Rainey,
Acting General Counsel, National Endowment for the Arts.
Michael P. McDonald,
General Counsel, National Endowment for the Humanities.
Nancy E. Weiss,
General Counsel, Institute of Museum and Library Services.
[FR Doc. 2023-09054 Filed 5-2-23; 8:45 am]
BILLING CODE 7537-01-P
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