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[Federal Register Volume 78, Number 130 (Monday, July 8, 2013)]
[Proposed Rules]
[Pages 40664-40665]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-15620]

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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.

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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 foreign-based 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

0
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.

0
2. In Sec.  1100.1 revise paragraph (a) to read as follows:

Sec.  1100.1  Definitions.

    (a) Agency means the National Endowment for the Arts.
* * * * *
0
3. Revise Sec.  1100.2 to read as follows:

Sec.  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

[[Page 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.
0
4. In Sec.  1100.3 revise paragraphs (a), (b), and (c) to read as 
follows:

Sec.  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.
0
5. Revise Sec.  1100.4 to read as follows:

Sec.  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.
0
6. In Sec.  1100.5 revise paragraphs (a), (b)(1), and the first 
sentence of paragraph (c) to read as follows:

Sec.  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. * * 
*
* * * * *
0
7. In Sec.  1100.7 revise the introductory text and paragraph (a) to 
read as follows:

Sec.  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
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