This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

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new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

9621 

Vol. 79, No. 34 

Thursday, February 20, 2014 

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, National 

Foundation on the Arts and the 

Humanities. 

ACTION: Final 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 amending 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 adopted or plans to adopt its 

own separate FOIA regulations. 

DATES: Effective Date: March 24, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Andrew Christopher, Assistant General 

Counsel, Institute of Museum and 

Library Services, 202–653–4712. 

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 decided to issue separate 

FOIA regulations or plans to adopt its 

own separate FOIA regulations; 

therefore, they are amending 45 CFR 

part 1100. Concurrently with this 

amendment, NEH has adopted new 

FOIA regulations for itself and the 

FCAH in 45 CFR part 1171, and IMLS 

has adopted new FOIA regulations for 

itself in 45 CFR part 1184. NEA intends 

to propose new FOIA regulations for 

itself in 45 CFR part 1160. On July 8, 

2013, the Foundation published a 

proposed rule in the Federal Register 

(78 FR 40664) and requested public 

comments on the proposed rule. The 

Foundation received one public 

comment, which was taken into 

consideration before adopting the final 

rule. 

E.O. 12866, Regulatory Review 

This 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 certified that this 

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 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 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 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 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 

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9622 Federal Register / Vol. 79, No. 34 / Thursday, February 20, 2014 / Rules and Regulations 

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 

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. Revise § 1100.3 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 in the 

introductory text 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. Revise § 1100.7 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. 

Nancy E. Weiss, 

General Counsel, Institute of Museum and 

Library Services. 

[FR Doc. 2014–03544 Filed 2–19–14; 8:45 am] 

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

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 1, 22, 27, 73, and 74 

[MM Docket No. 93–177; FCC 13–115] 

An Inquiry Into the Commission’s 

Policies and Rules Regarding AM 

Radio Service Directional Antenna 

Performance Verification 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; announcement of 

effective date. 

SUMMARY: In this document, the 

Commission announces that the Office 

of Management and Budget (OMB) has 

approved, for a period of three years, the 

information collection associated with 

the Commission’s Third Report and 

Order; An Inquiry Into the 

Commission’s Policies and Rules 

Regarding AM Radio Service Directional 

Antenna Performance Verification. This 

document is consistent with the Third 

Report and Order, which stated that the 

Commission would publish a document 

in the Federal Register announcing 

OMB approval and the effective date of 

the requirements. 

DATES: 47 CFR 1.30002, 1.30003, 

1.30004, 73.875, 73.1675, and 73.1690, 

are effective February 20, 2014. 

Applicability date: The applicability 

date of the amendments to 47 CFR 

1.30000, 1.30001, 22.371, 27.63, 73.45, 

73.316, 73.685, 73.1692, 73.6025, and 

74.1237 published November 5, 2013 

(78 FR 66288) is February 20, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Peter Doyle, Chief, Media Bureau, 

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