### NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES

Institute of Museum and Library Services

2 CFR Ch. XXXI

45 CFR Ch. XI

Semiannual Regulatory Agenda

AGENCY: Institute of Museum and Library Services, NFAH.

ACTION: Semiannual regulatory agenda.

SUMMARY: Pursuant to Executive Order 12866 and the Regulatory Planning and Review Act, the Institute of Museum and Library Services publishes this regulatory agenda describing agency regulations under development or review.

FOR FURTHER INFORMATION CONTACT: Nancy E. Weiss, General Counsel, Institute of Museum and Library Services, 1800 M Street NW., Washington , DC 20036; email: nweiss@imls.gov, or call (202) 653-4640.

SUPPLEMENTARY INFORMATION: Beginning with the fall 2007 edition, the Internet will be the basic means for disseminating the Unified Agenda. The complete Unified Agenda will be available online at www.reginfo.gov, in a format that offers users a greatly enhanced ability to obtain information from the Agenda database.

Because publication in the Federal Register is mandated for the regulatory flexibility agendas required by the Regulatory Flexibility Act (5 U.S.C. 602 ), Institute of Museum and Library Services’ printed agenda entries include only:

(1) Rules that are in the Agency’s regulatory fl exibility agenda, in accordance with the Regulatory Flexibility Act, because they are likely to have a significant econ omic impact on a substantial number of small entities; and

(2) Any rules that the Agency has identified for periodic review under section 610 of the Regulatory Flexibility Act.

Printing of these entries is limited to fields that contain information required by the Regulatory Flexibility Act’s Agenda requirements. Additional inform ation on these entries is available in the Unified Agenda published on the Internet. In addition, for fall editions of the Agenda, the entire Regulatory Plan will continue to be printed in the Federal Register , as in past years, including the Institute of Museum and Library Services’ regulatory plan.

NAME: Nancy E. Weiss, General Counsel

.

### NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES

National Endowment for the Humanities

45 CFR Ch. XI

Unified Agenda of Federal Regulatory and Deregulatory Actions

AGENCY : National Endowment for the Humanities, NFAH.

ACTION : Semiannual regulatory agenda.

SUMMARY : Pursuant to the Regulatory Flexibility Act, 5 U.S.C. 601 to 612, and Executive Order

12866, "Regulatory Planning and Review," dated September 30, 1993, the National Endowment for

the Humanities is required to publish, semiann ually, an agenda of proposed regulations that the

Endowment has issued or expects to issue and current rules that are under agency review.

FOR FURTHER INFORMATION CONTACT: Michael P. McDonald, General Counsel, National

Endowment for the Humanities, 1100 Pennsyl vania Avenue NW., Room 529, Washington, DC

20506; (202) 606-8322.

NAME: Carole M. Watson,

Deputy Chairman, National Endowment for the Humanities.The 6 Regulatory Agendas

National Endowment for the Humanities - Proposed Rule

Title Regulation Identifier Number
Privacy Act Regulations 3136-AA18

Statement for the Guidance of the Public - Organization, Procedure and Availability of Information 3136-AA31

Freedom of Information Act 3136-AA32

National Endowment for the Humanities - Completed Action

Title Regulation Identifier Number
Implementation of Title IX of the Education Act Amendments of 1972 3136-AA14

Freedom of Information Act Regulations 3136-AA27

Institute of Museum and Library Services - Long-term Action

Title Regulation Identifier Number
Testimony by IMLS Employees Relating to Agency Information and Production of Records in Legal Proceedings 3137-AA20

National Foundation on the Arts and the Humanities (ARTS) National Endowment for the Humanities ( NEH ) RIN: 3136-AA18

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Title: Privacy Act Regulations
Abstract: This regulation will amend the current Privacy Act regulations to update the agency's system of records and to perform a general review and updating of the Privacy regulations.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No
CFR Citation: 45 CFR 1115 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 5 USC 552(a)(F) Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 04/00/2012

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No
Federalism: No Agency Contact: Michelle Ghim Attorney Advisor National Foundation on the Arts and the Humanities National Endowment for the Humanities 1100 Pennsylvania Avenue NW. Room 529 Washington , DC 20506 Phone: 202 606-8322 FAX: 202-606- 8600 E-Mail: mghim@neh.govNational Foundation on the Arts and the Humanities (ARTS) National Endowment for the Humanities ( NEH ) RIN: 3136-AA31

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Title: Statement for the Guidance of the Public - Organization, Procedure and Availability of Information
Abstract: The National Endowment for the Humanities (NEH) proposes to revise 45 CFR part 1100, which contains the NEH's joint Freedom of Information Act (FOIA) regulations with the National Endowment for the Arts and the Institute of Museum and Library Services. The proposed revisions will remove any reference to the NEH and the Federal Council on the Arts and the Humanities (FCAH), an agency for which the NEH provides legal counsel, as the NEH will be issuing separate FOIA regulations for itself and the FCAH in 45 CFR part 1171.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No
CFR Citation: 45 CFR 1100 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 5 USC 552 Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 01/00/2012

Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: No Federalism: No Energy Affected: No Related Agencies: Joint : NEA; Joint : IMLS Agency Contact: Michelle Ghim Attorney Advisor National Foundation on the Arts and the Humanities National Endowment for the Humanities 1100 Pennsylvania Avenue NW. Room 529 Washington , DC 20506 Phone: 202 606-8322 FAX: 202-606- 8600 E-Mail: mghim@neh.gov

National Foundation on the Arts and the Humanities (ARTS) National Endowment for the Humanities ( NEH ) RIN: 3136-AA32

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Title: Freedom of Information Act
Abstract: The National Endowment for the Humanities (NEH) proposes to unilaterally rescind its joint Freedom of Information Act Regulations with the National Endowment for the Arts and the Institute of Museum and Library Services, currently located in 45 CFR part 1100, and issue its own separate FOIA regulations. The new regulations will provide the NEH's proposed procedures for disclosure of records, as required by the FOIA, 5 U.S.C. 552, as amended. These regulations will also provide the procedures for disclosing records of the Federal Council on the Arts and the Humanities, an agency for which the NEH provides legal counsel. The proposed regulations will incorporate the changes brought by the amendments to the FOIA under the OPEN Government Act of 2007, Public Law 110-175, 121 Stat. 2524 and reflect developments in FOIA case law.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No
CFR Citation: 45 CFR 1171 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 5 USC 552 Legal Deadline: None

Timetable:

Action Date FR CiteNPRM 01/00/2012

Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Michelle Ghim Attorney Advisor National Foundation on the Arts and the Humanities National Endowment for the Humanities 1100 Pennsylvania Avenue NW. Room 529 Washington , DC 20506 Phone: 202 606-8322 FAX: 202-606- 8600 E-Mail: mghim@neh.gov

National Foundation on the Arts and the Humanities (ARTS) National Endowment for the Humanities ( NEH ) RIN: 3136-AA14

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Title: Implementation of Title IX of the Education Act Amendments of 1972
Abstract: The proposed regulation implements title IX of the Education Act Amendments of 1972, which prohibit discrimination or denial of benefits on the basis of sex under any educational program or activity receiving Federal financial assistance.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No
CFR Citation: 45 CFR 1171 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 20 USC 1681 Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 10/29/1999 64 FR 58568

NPRM Comment Period End 12/28/1999

Withdrawn 10/24/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Federalism: No Agency Contact: Michelle Ghim Attorney Advisor National Foundation on the Arts and the Humanities National Endowment for the Humanities 1100 Pennsylvania Avenue NW. Room 529 Washington , DC 20506 Phone: 202 606-8322 FAX: 202-606- 8600 E-Mail: mghim@neh.gov

National Foundation on the Arts and the Humanities (ARTS) National Endowment for the Humanities ( NEH ) RIN: 3136-AA27

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Title: Freedom of Information Act Regulations
Abstract: This regulation will amend the current Freedom of Information Act regulations to implement the OPEN Government Act of 2007, and Electronic Freedom of Information Act Amendments of 1996.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed ActionMajor: No Unfunded Mandates: No
CFR Citation: 45 CFR 1100.5 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 5 USC 552 Legal Deadline: None

Timetable:

Action Date FR Cite

Withdrawn 09/01/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: No Federalism: No Energy Affected: No Related Agencies: Joint : NEA; Joint : IMLS Agency Contact: Michelle Ghim Attorney Advisor National Foundation on the Arts and the Humanities National Endowment for the Humanities 1100 Pennsylvania Avenue NW. Room 529 Washington , DC 20506 Phone: 202 606-8322 FAX: 202-606- 8600 E-Mail: mghim@neh.gov

National Foundation on the Arts and the Humanities (ARTS) Institute of Museum and Library Services ( IMLS ) RIN: 3137-AA20

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Title: Testimony by IMLS Employees Relating to Agency Information and Production of Records in Legal Proceedings
Abstract: The proposed regulation is intended to establish procedures governing the testimony and production of records by Institute personnel in proceedings in which the Institute is not a party. It is intended to promote efficiency, minimize the possibility of involving the Institute in issues not related to its functions, maintain the Institute's impartiality among litigants, and protect sensitive information and the deliberative process.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No
CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: Not Yet Determined Legal Deadline: None

Timetable:

Action Date FR Cite

Next Action Undetermined

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Federal; Local; State; Tribal
Federalism: No Energy Affected: No Agency Contact: Calvin Durand Trowbridge III Deputy General Counsel National Foundation on the Arts and the Humanities Institute of Museum and Library Services 9th Floor 1800 M Street NW. Washington , DC 20036 Phone: 202 653-4675 TDD Phone: 202 653-4614 FAX: 202 653-4610 E -Mail: ctrowbridge@imls.gov