[Federal Register Volume 74, Number 239 (Tuesday, December 15, 2009)]
[Notices]
[Page 66381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29790]


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NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES


National Endowment for the Arts; Determination of the Chairperson 
of the National Endowment for the Arts Regarding Closure of Portions of 
Meetings of Advisory Committees (Advisory Panels)

    Section 20 U.S.C. 959(c) of the National Foundation on the Arts and 
the Humanities Act of 1965, as amended (20 U.S.C. 951 et seq.) requires 
the Chairperson of the Endowment to utilize advisory panels to review 
applications for financial assistance to the National Endowment for the 
Arts and make recommendations to the Chairperson.
    The Federal Advisory Committee Act (FACA), as amended (Pub. L. 92-
463), governs the formation, use, conduct, management, and 
accessibility to the public of committees formed to advise and assist 
the Federal Government. Section 10 of that Act directs meetings of 
advisory committees to be open to the public, except where the head of 
the agency to which the advisory committee reports determines in 
writing that a portion of a meeting may be closed to the public 
consistent with subsection (c) of section 552b of Title 5, United 
States Code (the Government in the Sunshine Act).
    It is the policy of the National Endowment for the Arts to make the 
fullest possible disclosure of records to the public, limited only by 
obligations of confidentiality and administrative necessity. In 
recognition that the Endowment is required to consider the artistic 
excellence and artistic merit of applications for financial assistance 
and that consideration of individual applications may require a 
discussion of matters such as an individual artist's abilities, 
reputation among colleagues, or professional background and 
performance, I have determined to reserve the right to close the 
portions of advisory committee meetings involving the review, 
discussion, evaluation, and ranking of grant applications. The purpose 
of the closure is to protect information of a personal nature where 
disclosure would constitute a clearly unwarranted invasion of personal 
privacy. Closure for this purpose is authorized by subsection (c)(6) of 
section 552b of Title 5, United States Code.
    All other portions of the meetings of these advisory committees 
shall be open to the public unless the Chairperson of the National 
Endowment for the Arts or a designee determines otherwise in accordance 
with section 10(d) of the Act.
    Further, in accordance with FACA, the Panel Coordinator shall be 
responsible for publication in the Federal Register of a notice of all 
advisory committee meetings. Such notice shall be published in advance 
of the meetings and contain:
    1. Name of the committee and its purposes;
    2. Date and time of the meeting, and, if the meeting is open to the 
public, its location and agenda; and
    3. A statement that the meeting is open to the public, or, if the 
meeting or any portion thereof is not to be open to the public, a 
statement to that effect.
    A record shall be maintained of any closed portions of panel 
meetings.
    The Panel Coordinator is designated as the person from whom lists 
of committee members may be obtained and from whom minutes of open 
meetings or open portions thereof may be requested. On November 10, 
2009, Chairman of the National Endowment for the Arts Rocco Landesman 
approved the determination to close the meetings.

    Dated: December 10, 2009.
Kathy Plowitz-Worden,
Committee Management Officer.
[FR Doc. E9-29790 Filed 12-14-09; 8:45 am]
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