40664 Federal Register / Vol. 78, No. 130 / Monday, July 8, 2013 / Proposed Rules 

Dated: May 30, 2013. 

Shaun L. McGrath, 

Regional Administrator, Region 8. 

[FR Doc. 2013–16328 Filed 7–5–13; 8:45 am] 

BILLING CODE 6560–50–P 

NATIONAL FOUNDATION ON THE 

ARTS AND THE HUMANITIES 

National Endowment for the Arts 

National Endowment for the 

Humanities 

Institute of Museum and Library 

Services 

45 CFR Part 1100 

RIN 3135–AA26; 3136–AA31; 3137–AA23 

Statement for the Guidance of the 

Public—Organization, Procedure and 

Availability of Information 

AGENCY: National Endowment for the 

Arts, National Endowment for the 

Humanities, and Institute of Museum 

and Library Services. 

ACTION: Proposed rule. 

SUMMARY: The National Endowment for 

the Arts (NEA), the National 

Endowment for the Humanities (NEH), 

and the Institute of Museum and Library 

Services (IMLS) are proposing to amend 

their joint Freedom of Information Act 

(FOIA) regulations, to remove any 

reference to the NEH, the Federal 

Council on the Arts and the Humanities 

(FCAH), an agency for which the NEH 

provides legal counsel, and the IMLS. 

The NEA, the NEH and the IMLS are 

amending these joint regulations 

because each agency has proposed or 

plans to propose its own separate FOIA 

regulations. 

DATES: Written comments must be 

postmarked and electronic comments 

must be submitted on or before 

September 6, 2013. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• Email: Gencounsel@neh.gov. Please 

include ‘‘NFAH FOIA Regulations’’ in 

the subject line of the message. 

• FAX: (202) 606–8600. Please send 

your comments to the attention of Gina 

Raimond. 

• Mail: Gina Raimond, Attorney 

Advisor, Office of the General Counsel, 

National Endowment for the 

Humanities, 1100 Pennsylvania Ave. 

NW., Room 529, Washington, DC 20506. 

To ensure proper handling, please 

reference ‘‘NFAH FOIA Regulations’’ on 

your correspondence. 

FOR FURTHER INFORMATION CONTACT: Gina 

Raimond, Attorney Advisor, Office of 

the General Counsel, National 

Endowment for the Humanities, 202– 

606–8322. 

SUPPLEMENTARY INFORMATION: The NEA, 

the NEH, the IMLS, and the FCAH make 

up the National Foundation on the Arts 

and Humanities (Foundation). The 

Foundation was established by the 

National Foundation on the Arts and 

Humanities Act of 1965, 20 U.S.C. 951 

et seq. The NEA, the NEH (for itself and 

on behalf of the FCAH), and the former 

Institute of Museum Services (now, the 

IMLS) last revised the joint regulations 

on December 21, 1987. Each of these 

agencies has now decided to issue 

separate FOIA regulations; therefore, 

they are proposing to amend 45 CFR 

part 1100. At this time, NEH has 

proposed new FOIA regulations for 

itself and the FCAH in 45 CFR part 

1171, and IMLS has proposed new FOIA 

regulations for itself in 45 CFR part 

1184. NEA intends to propose new 

FOIA regulations for itself in 45 CFR 

part 1160. 

E.O. 12866, Regulatory Review 

NEA, NEH, and IMLS have 

determined that the proposed rule is not 

a ‘‘significant regulatory action’’ under 

Executive Order 12866 and therefore is 

not subject to Office of Management and 

Budget (OMB) Review. 

Regulatory Flexibility Act 

In accordance with the Regulatory 

Flexibility Act, 5 U.S.C. 605(b), NEA, 

NEH, and IMLS have determined that 

this proposed rule will not have a 

significant economic impact on a 

substantial number of small entities. 

Under the FOIA, agencies may recover 

only the direct costs of searching for, 

reviewing, and duplicating the records 

that agencies process for requesters. 

Thus, fees assessed for processing FOIA 

requests are nominal. 

Unfunded Mandates Reform Act of 

1995 

For purposes of the Unfunded 

Mandates Reform Act of 1995, Public 

Law 104–4, the proposed rule will not 

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, 

and it will not significantly or uniquely 

affect small governments. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This proposed rule is not a major rule 

as defined by section 251 of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, 5 U.S.C. 804, as 

amended. This rule will not result in an 

annual effect on the economy of $100 

million or more; a major increase in 

costs or prices; or significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

the ability of United States-based 

companies to compete with foreignbased companies in domestic and 

export markets. 

Paperwork Reduction Act 

NEA, NEH, and IMLS have 

determined that the Paperwork 

Reduction Act, 44 U.S.C. 3501 et seq., 

does not apply to the proposed rule 

because the rule does not contain 

information collection requirements that 

require OMB approval. 

List of Subjects in 45 CFR Part 1100 

Administrative practice and 

procedure, Freedom of Information. 

For the reasons stated in the 

preamble, the NEA, the NEH (for itself 

and on behalf of the FCAH), and the 

IMLS propose to amend 45 CFR part 

1100 as follows: 

PART 1100—STATEMENT FOR THE 

GUIDANCE OF THE PUBLIC— 

ORGANIZATION, PROCEDURE AND 

AVAILABILITY OF INFORMATION 

■ 1. The authority citation for part 1100 

continues to read as follows: 

Authority: 5 U.S.C. 552, as amended by 

Pub. L. 99–570, 100 Stat. 3207. 

■ 2. In § 1100.1 revise paragraph (a) to 

read as follows: 

§ 1100.1 Definitions. 

(a) Agency means the National 

Endowment for the Arts. 

* * * * * 

■ 3. Revise § 1100.2 to read as follows: 

§ 1100.2 Organization. 

The National Foundation on the Arts 

and the Humanities was established by 

the National Foundation on the Arts and 

the Humanities Act of 1965, 20 U.S.C. 

951 et seq. The Foundation is composed 

of the National Endowment for the Arts, 

the National Endowment for the 

Humanities, the Institute of Museum 

and Library Services, and the Federal 

Council on the Arts and the Humanities. 

The Institute of Museum and Library 

Services became a part of the National 

Foundation on the Arts and the 

Humanities pursuant to the Museum 

and Library Services Act, as amended 

(20 U.S.C. 9102). Each Endowment is 

headed by a Chairman and has an 

advisory national council composed of 

26 presidential appointees. The Institute 

of Museum and Library Services is 

headed by a Director and has a National 


tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 78, No. 130 / Monday, July 8, 2013 / Proposed Rules 40665 

Museum and Library Services Board 

composed of 20 presidential appointees, 

the Director, and IMLS’s Deputy 

Directors for the Offices of Library 

Services, and Museum Services. The 

Federal Council on the Arts and the 

Humanities, comprised of Executive 

branch officials and appointees of the 

legislative branch, is authorized to make 

agreements to indemnify against loss or 

damage for certain exhibitions and 

advise on arts and humanities matters. 

The National Endowment for the 

Humanities, the Federal Council on the 

Arts and Humanities, and the Institute 

of Museum and Library Services no 

longer follow the regulations under this 

part. The procedures for disclosing 

records of the National Endowment for 

the Humanities and the Federal Council 

on the Arts and the Humanities are 

available at 45 CFR part 1171. The 

procedures for disclosing records of the 

Institute of Museum and Library 

Services are available at 45 CFR part 

1184. 

■ 4. In § 1100.3 revise paragraphs (a), 

(b), and (c) to read as follows: 

§ 1100.3 Availability of information to the 

public. 

(a) Descriptive brochures of the 

organization, programs, and function of 

the National Endowment for the Arts are 

available upon request. Inquiries 

involving work of the National 

Endowment for the Arts should be 

addressed to the National Endowment 

for the Arts, 1100 Pennsylvania Avenue 

NW., Washington, DC 20506. The 

telephone number of the National 

Endowment for the Arts is (202) 682– 

5400. 

(b) The head of the National 

Endowment for the Arts is responsible 

for the effective administration of the 

Freedom of Information Act. The head 

of the National Endowment for the Arts 

pursuant to this responsibility hereby 

directs that every effort be expended to 

facilitate service to the public with 

respect to the obtaining of information 

and records. 

(c) Requests for access to records of 

the National Endowment for the Arts 

may be filed by mail with the General 

Counsel of the National Endowment for 

the Arts or by email at FOIA@arts.gov. 

All requests should reasonably describe 

the record or records sought. Requests 

submitted should be clearly identified 

as being made pursuant to the Freedom 

of Information Act. 

■ 5. Revise § 1100.4 to read as follows: 

§ 1100.4 Current Index. 

The National Endowment for the Arts 

shall maintain and make available for 

public inspection and copying a current 

index providing identifying information 

for the public as to any matter which is 

issued, adopted, or promulgated and 

which is required to be made available 

pursuant to 5 U.S.C. 552(a)(1) and (2). 

Publication and distribution of such 

indices has been determined by the 

Foundation to be unnecessary and 

impracticable. The indices will be 

provided upon request at a cost not to 

exceed the direct cost of the 

duplication. 

■ 6. In § 1100.5 revise paragraphs (a), 

(b)(1), and the first sentence of 

paragraph (c) to read as follows: 

§ 1100.5 Agency procedures for handling 

requests for documents. 

(a) Upon receiving a request for 

documents in accordance with the rules 

of this part, the General Counsel or 

respective Assistant General Counsel 

serving as the Freedom of Information 

Act Officer of the National Endowment 

for the Arts shall determine whether or 

not the request shall be granted in 

whole or in part. 

* * * * * 

(b)(1) Any party whose request for 

documents has been denied in whole or 

in part may file an appeal no later than 

ten (10) working days following receipt 

of the notification of denial. Appeals 

must be addressed to the Chairman, 

National Endowment for the Arts, 

Washington, DC 20506. 

* * * * * 

(c) In unusual circumstances, the time 

limits prescribed to determine a request 

for documents with respect to initial 

actions or actions on appeal may be 

extended by written notice from the 

General Counsel or respective Assistant 

General Counsel serving as the Freedom 

of Information Act Officer of the 

National Endowment for the Arts. * * * 

* * * * * 

■ 7. In § 1100.7 revise the introductory 

text and paragraph (a) to read as follows: 

§ 1100.7 Foundation report of actions. 

On or before March 1 of each calendar 

year, the National Endowment for the 

Arts shall submit a report of its 

activities with regard to public 

information requests during the 

preceding calendar year to the Speaker 

of the House of Representatives and to 

the President of the Senate. The report 

shall include: 

(a) The number of determinations 

made by National Endowment for the 

Arts not to comply with requests for 

records made to the agency under the 

provisions of this part and the reasons 

for each such determination; 

* * * * * 

India Pinkney, 

General Counsel, National Endowment for the 

Arts. 

Michael P. McDonald, 

General Counsel, National Endowment for the 

Humanities. 

Andrew Christopher, 

Assistant General Counsel, Institute of 

Museum and Library Services. 

[FR Doc. 2013–15620 Filed 7–5–13; 8:45 am] 

BILLING CODE 7537–01–P; 7536–01–P; 7036–01–P 

OFFICE OF MANAGEMENT AND 

BUDGET 

Office of Federal Procurement Policy 

48 CFR Part 9904 

Cost Accounting Standards: CAS 413 

Pension Adjustments for Extraordinary 

Events 

AGENCY: Cost Accounting Standards 

Board, Office of Federal Procurement 

Policy, Office of Management and 

Budget. 

ACTION: Notice. 

SUMMARY: The Office of Federal 

Procurement Policy (OFPP), Cost 

Accounting Standards (CAS) Board, is 

conducting fact-finding for the 

development of a Staff Discussion Paper 

(SDP) on CAS 413 Pension Adjustments 

for Extraordinary Events. This is the 

first step in a four-step process that may 

result in a final rule. As part of these 

efforts, the public is invited to attend 

two public meetings that are scheduled 

for July 31, 2013 and August 14, 2013. 

To facilitate fact-finding, the CAS Board 

encourages the submission of written 

comments for consideration in the 

drafting of the SDP. 

DATES: 

Registration date for public meetings: 

Advance registration for the public 

meetings via email must be submitted 

by 5:00 p.m. (Eastern Standard Time), 

July 29 (for the July 31, 2013 meeting) 

and August 12 (for the August 14, 2013 

meeting). Please follow the procedures 

at ‘‘Advance Registration for the Public 

Meetings.’’ 

Comment date: Comments must be in 

writing and must be submitted by 

September 6, 2013. 

Public Meetings for Fact-Finding 

Dates of public meetings: 

—Wednesday, July 31, 2013, 8:30 a.m.– 

12:30 p.m. 


tkelley on DSK3SPTVN1PROD with PROPOSALS