Federal Register / Vol. 78, No. 28 / Monday, February 11, 2013 / Proposed Rules 9651 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically in www.regulations.gov or 

in hard copy during normal business 

hours at the Air Protection Division, 

U.S. Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of the State submittal are 

available at the Maryland Department of 

the Environment, 1800 Washington 

Boulevard, Suite 705, Baltimore, 

Maryland 21230. 

FOR FURTHER INFORMATION CONTACT: 

Christopher Cripps, (215) 814–2179, or 

by email at Cripps.Christopher@epa.gov. 

SUPPLEMENTARY INFORMATION: For 

further information regarding 

Maryland’s adoption through 

incorporation by reference of the 

national ambient air quality standards 

(NAAQS), please see the information 

provided in the direct final action, with 

the same title, that is located in the 

‘‘Rules and Regulations’’ section of this 

Federal Register publication. 

Dated: January 25, 2013. 

W.C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2013–02926 Filed 2–8–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2012–0494: FRL–9778–7] 

Approval and Promulgation of 

Implementation Plans; Oregon: Heat 

Smart Program and Enforcement 

Procedures 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The EPA is proposing to 

approve multiple revisions to Oregon’s 

State Implementation Plan (SIP) 

submitted to the EPA by the Oregon 

Department of Environmental Quality 

(ODEQ) on October 5, 2011, June 8, 

2012, and November 28, 2012. The 

October 5, 2011 submission contains 

revisions to the Heat Smart program and 

to the enforcement procedures and civil 

penalties in Oregon Administrative 

Rules (OAR) Chapter 340, Division 12 

(OAR 340–12). The June 8, 2012 

submission contains additional 

revisions to the Heat Smart program, 

along with minor revisions and 

clarifications to general air pollution 

definitions (OAR 340–200), rules for 

stationary source notification 

requirements (OAR 340–210), and 

requirements for fuel burning (OAR 

340–228). The November 28, 2012 

submission contains revisions to 

approve the inclusion of expedited 

enforcement offers and updated penalty 

classifications and criteria (OAR 340– 

012). 

DATES: Comments must be received on 

or before March 13, 2013. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R10– 

OAR–2012–0494, by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Mail: Justin A. Spenillo, EPA, 

Office of Air, Waste, and Toxics, AWT– 

107, 1200 Sixth Avenue, Suite 900, 

Seattle, Washington 98101. 

C. Email: R10-Public_Comments@

epa.gov. 

D. Hand Delivery: EPA, Region 10 

Mailroom, 9th Floor, 1200 Sixth 

Avenue, Seattle, Washington 98101. 

Attention: Justin A. Spenillo, Office of 

Air Waste, and Toxics, AWT–107. Such 

deliveries are only accepted during 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R10–OAR–2012– 

0494. The EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

that is restricted by statute from 

disclosure. Do not submit information 

that you consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means the EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send an email 

comment directly to the EPA without 

going through www.regulations.gov your 

email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, the EPA recommends that 

you include your name and other 

contact information in the body of your 

comment and with any disk or CD–ROM 

you submit. If the EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

the EPA may not be able to consider 

your comment. Electronic files should 

avoid the use of special characters, any 

form of encryption, and be free of any 

defects or viruses. 

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., CBI or other 

information that is restricted by statute 

from disclosure. Certain other material, 

such as copyrighted material, is not 

placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically at www.regulations.gov or 

in hard copy during normal business 

hours at the Office of Air, Waste and 

Toxics, EPA Region 10, 1200 Sixth 

Avenue, Seattle, Washington 98101. 

FOR FURTHER INFORMATION CONTACT: 

Justin A. Spenillo, (206) 553–6125; or by 

email at spenillo.justin@epa.govmailto:

body.steve@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. This Action 

II. Why are we proposing to approve these 

revisions? 

A. The EPA’s Review of OAR Chapter 340, 

Division 262 Heat Smart Program for 

Residential Woodstoves and Other Solid 

Fuel Heating Devices (October 5, 2011 

and June 8, 2012 Submittals) 

B. The EPA’s Review of OAR Chapter 340, 

Division 12 Rules (October 5, 2011 and 

November 28, 2012 Submittals) 

C. The EPA’s Review of OAR Chapter 340, 

Divisions 200, 210, and 228 Rules (June 

8, 2012 Submittal) 

D. The EPA’s Review of OAR 340–200– 

0040 (October 5, 2011, June 8, 2012, and 

November 28, 2012 Submittals) 

III. Summary of Action 

IV. Statutory and Executive Orders Review 

I. This Action 

Title I of the CAA, as amended by 

Congress in 1990, specifies the general 

requirements for states to submit SIPs to 

attain and maintain the National 

Ambient Air Quality Standards 

(NAAQS) and the EPA’s actions 

regarding approval of those SIPs. In this 

action, we are proposing to approve and 

incorporate by reference (IBR) revisions 


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9652 Federal Register / Vol. 78, No. 28 / Monday, February 11, 2013 / Proposed Rules 

to the portions of Oregon’s SIP relating 

to the Heat Smart Program found at 

OAR 340–262 and submitted by ODEQ 

on October 5, 2011 and June 8, 2012. 

The EPA is also proposing to approve 

but not IBR revisions to enforcement 

provisions in OAR 340–012, submitted 

by ODEQ on October 5, 2011 and 

November 28, 2012. In addition, the 

EPA proposes to approve the remaining 

revisions to OAR 340–012 only to the 

extent they relate to enforcement of 

requirements contained in the Oregon 

SIP. 

The EPA proposes to approve 

revisions to OAR 340–200 (except OAR 

340–200–0040), OAR 340–210 and OAR 

340–228, as they relate to general 

definitions, stationary source 

notification requirements, and fuel 

requirements in the Oregon SIP. These 

revisions were submitted by ODEQ on 

June 8, 2012. 

Each of the above-described 

submittals (October 5, 2011, June 8, 

2012, and November 28, 2012) contains 

an amendment to OAR 340–200–0040, 

which describes the State’s procedures 

for adopting its Clean Air Act 

Implementation Plan and references all 

of the state air regulations that have 

been adopted by the Environmental 

Quality Commission (EQC) for approval 

into the SIP (as a matter of state law), 

whether or not they have been 

submitted or approved by the EPA. We 

are proposing no action on the revisions 

to OAR 340–200–0040 in each of these 

submittals because it is unnecessary to 

take action on a provision addressing 

the State’s SIP adoption procedures and 

because the Federally-approved SIP 

consists only of regulations and other 

requirements that have been submitted 

by ODEQ and approved by the EPA. 

II. Why are we proposing to approve 

these revisions? 

We are proposing to approve the SIP 

revisions submitted by ODEQ on 

October 5, 2011, June 8, 2012, and 

November 28, 2012 (except for OAR 

340–200–0040) because they serve to 

clarify and strengthen the State’s 

existing SIP and are consistent with the 

CAA requirements. A more detailed 

explanation of the basis for our approval 

is provided below and in the materials 

included in the docket. 

A. The EPA’s Review of OAR Chapter 

340, Division 262 Heat Smart Program 

for Residential Woodstoves and Other 

Solid Fuel Heating Devices (October 5, 

2011 and June 8, 2012 Submittals) 

OAR 340–262 was last approved by 

the EPA on January 22, 2003 (68 FR 

2891). The Federally-approved 

woodheating rules previously codified 

at OAR 340–262 have been reorganized 

and strengthened within the same 

division and renamed as the Heat Smart 

Program for Residential Woodstoves and 

Other Solid Fuel Heating Devices. The 

Heat Smart program requires the 

removal of uncertified woodstoves and 

most other uncertified solid fuel heating 

devices upon the sale of a home. The 

revisions included in ODEQ’s October 5, 

2011 and June 8, 2012 submittals 

provide for: establishing the Heat Smart 

program as a statewide program as 

opposed to being a contingency measure 

only applicable to non-attainment areas 

in Oregon, streamlining and 

reorganizing the existing woodheating 

rules, and additions to the rules that 

strengthen the division and contribute 

to maintenance of the NAAQS. Table 1 

below outlines the reorganization of 

OAR 340–262. 

TABLE 1—REORGANIZATION OF OAR 340–262 

Rule name Prior rule New rule 

Purpose ........................................................................................................................................ –0010 –0400 

Definitions ..................................................................................................................................... –0020 –0450 

Woodstove Sales—Requirements for Sale of Woodstoves ........................................................ –0030 –0600 

Exemptions ................................................................................................................................... –0040 –0600, –0700, –0800 

Civil Penalties ............................................................................................................................... –0050 –0800 

Woodstove Certification Program—Applicability .......................................................................... –0100 –0500 

Emissions Performance Standards and Certification .................................................................. –0110 –0500 

General Certification Procedures ................................................................................................. –0120 –0500 

Labeling Requirements ................................................................................................................ –0130 –0600 

Woodburning Curtailment—Applicability ...................................................................................... –0200 –0800 (1) 

Determination of Air Stagnation Conditions ................................................................................. –0210 –0800 (3) 

Prohibition of Woodburning During Periods of Air Stagnation .................................................... –0220 –0800 (4) 

Public Information Program .......................................................................................................... –0230 –0800 (5) 

Enforcement ................................................................................................................................. –0240 –0800 (6–8) 

Suspension and Department Program ......................................................................................... –0250 –0800 (9) 

Woodstove Removal Contingency Program—Applicability ......................................................... –0300 –0700 

Removal and Destruction of Uncertified Stove Upon Sale of Home ........................................... –0310 –0700 

Home Seller’s Responsibility to Verify Stove Destruction ........................................................... –0320 –0700 

Home Seller’s Responsibility to Disclose ..................................................................................... –0330 –0700 

Materials Prohibited from Burning ................................................................................................ New –0900 

The expansion of the Heat Smart 

program to a statewide program makes 

it applicable to a larger geographic area 

and with broader criteria, and enhances 

protection of air quality by accelerating 

the replacement of uncertified 

woodstoves. This revision strengthens 

the SIP by increasing the applicability 

and scope of the Heat Smart program 

which will result in the removal of more 

uncertified woodstoves and other 

uncertified solid fuel heating devices, 

and is therefore more protective of the 

NAAQS. 

In addition to the reorganization of 

OAR 340–262 and the expansion of the 

Heat Smart program statewide, Oregon 

submitted for approval a number of 

additions, clarifications, and 

streamlining revisions. Oregon requests 

approval to add prohibitions limiting 

the types of materials that can be burned 

in a solid fuel device. The inclusion of 

such limitations strengthens the SIP by 

reducing the potential emission of 

criteria pollutants from the burning of 

inappropriate material. Oregon also 

proposes to expand the applicability of 

the rules from woodstoves/woodheaters 

to include solid fuel burning devices. 

The October 5, 2011 submittal requests 

approval to include a new definition for 

solid fuel burning devices that includes 


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Federal Register / Vol. 78, No. 28 / Monday, February 11, 2013 / Proposed Rules 9653 

woodstoves and other devices that burn 

wood, coal, or other nongaseous or 

nonliquid fuels. The June 8, 2012 

submittal refines the definition to 

maintain the residential focus of the 

rule by not including small scale 

heating devices used for commercial, 

industrial, and institutional facilities. 

The new definition of solid fuel burning 

devices is more stringent because it 

covers residential heating devices that 

use wood, coal, or other non-gaseous or 

non-liquid fuels in addition to the 

residential woodheating devices 

covered under the prior definition. 

Based on the EPA’s review and 

analysis of OAR 340–262, the EPA is 

proposing to approve the abovedescribed SIP strengthening revisions as 

meeting the requirements of section 110 

of the CAA. In addition, the EPA 

proposes to remove from the SIP the 

regulations previously codified at OAR 

340–262–0010 to OAR 340–262–0330 

because the citations for these 

regulations have been renumbered as 

shown in Table 1. 

B. The EPA’s Review of OAR Chapter 

340, Division 12 Rules (October 5, 2011 

and November 28, 2012 Submittals) 

The October 5, 2011 submittal 

included revisions to OAR 340–012– 

0054 and 340–012–0140. These 

revisions strengthen enforcement by 

including as Class I and II violations the 

restrictions on burning certain materials 

in solid fuel devices contained in OAR 

340–262–0900, and by updating the 

related penalty matrix. Oregon is also 

requesting one revision to remove as a 

Class III violation the failure to display 

a certified woodstove temporary label. 

The removal of this violation as a Class 

III violation will not interfere with 

attainment and maintenance of the 

NAAQS. 

The November 28, 2012 submittal 

includes one substantive revision and 

minor typographical and renumbering 

revisions. The substantive revision was 

the addition of expedited enforcement 

offers and associated criteria at OAR 

340–012–0030, 340–012–0038, and 340– 

012–0170. An expedited enforcement 

offer is a written offer from ODEQ to 

settle alleged violations using expedited 

procedures. The purpose of expedited 

enforcement offers is to promote 

compliance and enforcement through 

faster, informal resolution of alleged 

violations. The minor typographical and 

renumbering revisions address OAR 

340–012–0155. 

The EPA has reviewed the revisions 

described above and finds that they 

provide ODEQ with adequate authority 

for enforcing the SIP as required by 

Section 110 of the CAA and 40 CFR 

51.230(b). The EPA is therefore 

proposing to approve the revisions to 

OAR 340–012 subject to the 

qualifications and in the manner 

discussed below. 

The EPA’s authority to approve SIP 

revisions extends to provisions related 

to attainment and maintenance of the 

NAAQS and carrying out other specific 

requirements of Section 110 of the CAA. 

In addition, EPA is approving the 

remaining sections in OAR 340–012 

only to the extent they relate to 

enforcement of requirements contained 

in the Oregon SIP. 

Although the EPA is approving the 

regulations in OAR 340–012 in the 

manner discussed above, the EPA is not 

incorporating these rules by reference 

into the Code of Federal Regulations 

because the EPA relies on its own 

independent enforcement procedures 

and penalty provisions in bringing 

enforcement actions and assessing 

penalties under the CAA. 

The EPA also notes that Oregon 

Revised Statute (ORS) 468.126 prohibits 

ODEQ from imposing a penalty for 

violation of an air, water or solid waste 

permit unless the source has been 

provided five days advanced written 

notice of the violation and has not come 

into compliance or submitted a 

compliance schedule within that fiveday period. By its terms, this statutory 

provision does not apply to Oregon’s 

Title V program or to any program if 

application of the notice provision 

would disqualify the program from 

Federal delegation. Oregon has 

previously confirmed that, because 

application of the notice provision 

would preclude the EPA approval of the 

Oregon SIP, no advance notice is 

required for violation of SIP 

requirements. 

C. The EPA’s Review of OAR Chapter 

340, Divisions 200, 210, and 228 Rules 

(June 8, 2012 Submittal) 

The June 8, 2012 submission includes 

revisions to OAR 340, Divisions 200, 

210, and 228, which were last subject to 

the EPA approval on January 22, 2003 

(68 FR 2891). OAR 340–200 includes 

the rules for General Air Pollution 

Procedures and Definitions, OAR 340– 

210 includes the rules for Stationary 

Source Notification Requirements, and 

OAR 340–228 includes the rules for 

Requirements for Fuel Burning 

Equipment and Fuel Sulfur. 

Revisions to OAR 340–200–0020, 

General Air Quality Definitions, include 

minor typographical corrections, 

inclusion of a definition of ‘‘form,’’ and 

subsequent renumbering. 

Revisions to OAR 340–210, Stationary 

Source Notification Requirements, 

include changes to OAR 340–210–0100, 

340–210–0110, 340–210–0120, and 340– 

210–0250. The revisions to OAR 340– 

210–0100 expand upon and clarify the 

applicable sources, personnel, and 

criteria necessary for a source to register 

with ODEQ in lieu of obtaining a 

permit. The revision to OAR 340–210– 

0100 also includes updated fee 

information and clarifies the registration 

requirements applicable to sources 

subject to a federal New Source 

Performance Standards (NSPS) and 

National Emission Standards for 

Hazardous Air Pollutants (NESHAPs). 

Revisions to OAR 340–210–0110 and 

340–210–0120 expand and clarify the 

registration criteria and requirements to 

maintain registration. Revisions to OAR 

340–210–0250, Approval to Operate, 

clarify that compliance with existing 

standards, testing and monitoring 

requirements, and registration are still 

required and applicable. These revisions 

are more detailed and stringent than the 

previously approved provisions and are 

improvements to the rule. 

Revisions to OAR 340–228, 

Requirements for Fuel Burning 

Equipment and Fuel Sulfur Content, 

include changes to OAR 340–228–0020, 

340–228–0200, and 340–228–0210. 

These revisions include a cross 

reference to the revised OAR 340–262 

and clarify source applicability dates. 

Based on the EPA’s review and 

analysis of the revisions to OAR 340– 

200, 340–210, and 340–228, the EPA is 

proposing to approve the revisions 

because they meet the requirements of 

section 110 of the CAA and will not 

interfere with attainment or 

maintenance of the NAAQS. 

D. The EPA’s Review of OAR 340–200– 

0040 (October 5, 2011, June 8, 2012, and 

November 28, 2012 Submittals) 

On October 5, 2011, June 8, 2012, and 

November 28, 2012, Oregon submitted 

for SIP approval amendments to OAR 

340–200–0040. The EPA is proposing no 

action on these amendments because it 

is unnecessary to take action on 

provisions addressing the State’s SIP 

adoption procedures and incorporating 

by reference all of the revisions adopted 

by the State for approval into the SIP (as 

a matter of state law). 

III. Summary of Action 

The EPA is proposing to approve 

amendments to OAR Chapter 340, 

Divisions 12, 200, 210, 228 and 262 

because they are consistent with CAA 

requirements. We are also proposing to 

take no action to approve amendments 

to OAR 340–200–0040 submitted on 

October 5, 2011, June 8, 2012, and 

November 28, 2012. 


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9654 Federal Register / Vol. 78, No. 28 / Monday, February 11, 2013 / Proposed Rules 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and it will not 

impose substantial direct costs on tribal 

governments or preempt tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Particulate matter. 

Dated: January 31, 2013. 

Dennis J. McLerran, 

Regional Administrator, Region 10. 

[FR Doc. 2013–02964 Filed 2–8–13; 8:45 am] 

BILLING CODE 6560–50–P 

NATIONAL FOUNDATION ON THE 

ARTS AND HUMANITIES 

National Endowment for the 

Humanities 

45 CFR Part 1171 

RIN 3136–AA32 

Public Access to NEH Records Under 

the Freedom of Information Act 

AGENCY: National Endowment for the 

Humanities. 

ACTION: Proposed rule. 

SUMMARY: The National Endowment for 

the Humanities (NEH) is unilaterally 

rescinding its joint Freedom of 

Information Act (FOIA) regulations with 

the National Endowment for the Arts 

(NEA) and the Institute of Museum and 

Library Services (IMLS), and issuing its 

own FOIA regulations. The new 

regulations provide the NEH’s proposed 

procedures for disclosure of its records, 

as required by the FOIA, 5 U.S.C. 552, 

as amended. These regulations also 

provide the proposed procedures for 

disclosing records of the Federal 

Council on the Arts and the Humanities 

(FCAH), an agency for which NEH 

provides legal counsel. 

DATES: Written comments must be 

postmarked and electronic comments 

must be submitted on or before April 12, 

2013. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• Email: Gencounsel@neh.gov. Please 

include ‘‘FOIA Regulations’’ in the 

subject line of the message. 

• FAX: (202) 606–8600. Please send 

your comments to the attention of 

Michelle Ghim. 

• Mail: Michelle Ghim, 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 ‘‘FOIA Regulations’’ on 

your correspondence. 

FOR FURTHER INFORMATION CONTACT: 

Michelle Ghim, Office of the General 

Counsel, National Endowment for the 

Humanities, 202–606–8322. 

SUPPLEMENTARY INFORMATION: The NEH 

along with the NEA, 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 NEH along 

with the NEA and the IMLS last issued 

joint FOIA regulations, 45 CFR part 

1100, on December 21, 1987. Each 

agency has now decided to issue its own 

separate FOIA regulations. The NEH’s 

regulations incorporate changes brought 

by the amendments to the FOIA under 

the OPEN Government Act of 2007, 

Public Law 110–175, 121 Stat. 2524. 

These regulations also include changes 

to the NEH’s fee schedule for processing 

FOIA requests, provide procedures 

under which the agency will process 

requests for the NEH Office of the 

Inspector General records, and reflect 

developments in FOIA case law. 

E.O. 12866, Regulatory Review 

The NEH has 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 

The NEH Chairman, in accordance 

with the Regulatory Flexibility Act, 5 

U.S.C. 605(b), certifies that this 

proposed rule will not have a significant 

economic impact on a substantial 

number of small entities. Under the 

FOIA, NEH may recover only the direct 

costs of searching for, reviewing, and 

duplicating the records that agencies 

process for requesters. NEH’s fee 

schedules for such costs are consistent 

with OMB guidelines on FOIA fees, and 

provide criteria by which requesters 

may receive a fee waiver or reduction of 

fees. Furthermore, the rule will only 

affect persons and organizations who 

file FOIA requests with NEH, which 

receives relatively few requests each 

year (generally less than fifty (50) per 

year) in comparison to other Federal 

departments and agencies. 

Unfunded Mandates Reform Act of 

1995 

For purposes of the Unfunded 

Mandates Reform Act of 1995, Pub. L. 

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 $100,000,000 

million or more in any one year, and it 

will not significantly or uniquely affect 

small governments. 


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