[Federal Register Volume 78, Number 112 (Tuesday, June 11, 2013)]
[Rules and Regulations]
[Pages 34920-34922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-13730]


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NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES

Institute of Museum and Library Services

45 CFR Part 1180

RIN 3137-AA21


Technical Amendments To Reflect the Authorizing Legislation of 
the Institute of Museum and Library Services

AGENCY: Institute of Museum and Library Services (IMLS), NFAH.

ACTION: Technical amendment; final rule.

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SUMMARY: The Institute of Museum and Library amends its grants 
regulations by removing outdated regulations and making certain 
technical amendments to reflect Congress' reauthorization of the 
Institute of Museum and Library Services under the Museum and Library 
Services Act of 2010, as further amended by the Presidential 
Appointment Efficiency and Streamlining Act of 2011. The amendments 
also reorganize certain regulations to provide greater clarity for 
agency applicants and grantees.

DATES: Effective June 11, 2013.

FOR FURTHER INFORMATION CONTACT: Nancy E. Weiss, General Counsel, 
Institute of Museum and Library Services, 1800 M Street NW., Suite 900, 
Washington, DC 20036. Email: [email protected]. Telephone: (202) 653-
4640. Facsimile: (202) 653-4610.

SUPPLEMENTARY INFORMATION:

I. Technical Amendments and Removal of the Institute's Outdated 
Regulations

    IMLS amends 45 CFR part 1180 to remove outdated regulations and 
make minor technical amendments to reflect Congress' reauthorization of 
the Institute of Museum and Library Services with the Museum and 
Library Services Act of 2010, Public Law 111-340 (December 22, 2010), 
as further amended by the Presidential Appointment Efficiency and 
Streamlining Act of 2011, Public Law 112-166 (August 10, 2012). These 
revisions are meant to fulfill the Institute's responsibility to its 
eligible grant applicants by ensuring that all regulations, policies, 
and procedures are up-to-date. The regulations being removed include 
regulations relating to programs and requirements no longer in 
existence at the Institute as a result of both agency practice and the 
Museum and Library Services Act of 2010, Public Law 111-340 (December 
22, 2010), as further amended by the Presidential Appointment 
Efficiency and Streamlining Act of 2011, Public Law 112-166 (August 10, 
2012). In the interests of economy of administration, and because all 
of the regulations to be removed are outdated and the technical 
amendments are minor, they are included in one rulemaking vehicle. 
Section 553 of the Administrative Procedure Act (APA), 5 U.S.C. 
553(b)(B), provides that, when an agency for good cause finds that 
notice and public procedure are impracticable, unnecessary, or contrary 
to the public interest, the agency may issue a rule without providing 
notice and an opportunity for public comment. There is good cause for 
making this action final without prior proposal and opportunity for 
comment because the rule contains minor technical amendments that 
provide agency applicants and grantees with greater clarity and 
additional flexibility.

II. Matters of Regulatory Procedure

Regulatory Planning and Review (E.O. 12866)

    Under Executive Order 12866, the Institute must determine whether 
the regulatory action is ``significant'' and therefore subject to OMB 
review and the requirements of the Executive Order. The Order defines a 
``significant regulatory action'' as one that is likely to result in a 
rule that may: (1) Have an annual effect on the economy of $100 million 
or more or adversely affect in a material way the economy, a sector of 
the economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal

[[Page 34921]]

governments or communities; (2) create a serious inconsistency or 
otherwise interfere with an action taken or planned by another agency; 
(3) materially alter the budgetary impact of entitlements, grants, user 
fees, or loan programs or the rights and obligations of recipients 
thereof; or (4) raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    The rule removes a number of outdated regulations and makes 
technical amendments to reflect Congress' reauthorization of the 
Institute of Museum and Library Services under the Museum and Library 
Services Act of 2010, Public Law 111-340 (December 22, 2010), as 
further amended by the Presidential Appointment Efficiency and 
Streamlining Act of 2011, Public Law 112-166 (August 10, 2012). As 
such, it does not impose a compliance burden on the economy generally 
or on any person or entity. Accordingly, this rule is not a 
``significant regulatory action'' from an economic standpoint, and it 
does not otherwise create any inconsistencies or budgetary impacts to 
any other agency or Federal Program.

Regulatory Flexibility Act

    Because this rule removes outdated regulations and make certain 
technical amendments, the Institute has determined in Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.) review that this rule will not 
have a significant economic impact on a substantial number of small 
entities because it simply makes technical amendments and removes 
outdated regulations.

Paperwork Reduction Act

    This rule is exempt from the requirements of the Paperwork 
Reduction Act, since it removes existing outdated regulations and makes 
only technical amendments to reflect Congress' reauthorization of the 
Institute of Museum and Library Services under the Museum and Library 
Services Act of 2010, Public Law 111-340 (December 22, 2010), as 
further amended by the Presidential Appointment Efficiency and 
Streamlining Act of 2011, Public Law 112-166 (August 10, 2012). An OMB 
form 83-1 is not required.

Unfunded Mandates Reform Act

    For purposes of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 
chapter 25, subchapter II), this rule will not significantly or 
uniquely affect small governments and will not result in increased 
expenditures by State, local, and tribal governments, or by the private 
sector, of $100 million or more as adjusted for inflation) in any one 
year.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule:
    a. Does not have an annual effect on the economy of $100 million or 
more.
    b. Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions.
    c. Does not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based enterprises to compete with foreign-based enterprises.

Takings (E.O. 12630)

    In accordance with Executive Order 12630, the rule does not have 
significant takings implications. No rights, property or compensation 
has been, or will be, taken. A takings implication assessment is not 
required.

Federalism (E.O. 13132)

    In accordance with Executive Order 13132, this rule does not have 
federalism implications that warrant the preparation of a federalism 
assessment.

Civil Justice Reform (E.O. 12988)

    In accordance with Executive Order 12988, the Institute has 
determined that this rule does not unduly burden the judicial system 
and meets the requirements of sections 3(a) and 3(b)(2) of the Order.

Consultation with Indian tribes (E.O. 13175)

    In accordance with Executive Order 13175, the Institute has 
evaluated this rule and determined that it has no potential negative 
effects on federally recognized Indian tribes.

National Environmental Policy Act

    This rule does not constitute a major Federal action significantly 
affecting the quality of the human environment.

List of Subjects in 45 CFR Part 1180

    Administrative practice and procedure, Government contracts, Grant 
programs-education, Grant programs-Indians, Cooperative agreements, 
Federal aid programs, Grants administration, Libraries, Museums, 
Nonprofit organizations, Colleges and universities, and Report and 
recordkeeping requirements.

    For the reasons stated in the preamble and under the authority of 
20 U.S.C. 9101 et seq., the Institute of Museum and Library Services 
amends 45 CFR part 1180 as follows:

PART 1180--GRANTS REGULATIONS

0
1. The authority citation for part 1180 continues to read as follows:

    Authority: 20 U.S.C. Section 9101 et seq.


0
2. In Sec.  1180.2, add the following sentence to the beginning of 
paragraph (b) introductory text:


Sec.  1180.2  Definition of a museum.

* * * * *
    (b) The term ``museum'' in paragraph (a) of this section includes 
museums that have tangible and digital collections. * * *
* * * * *

0
3. In Sec.  1180.3, revise the definition of ``Board'' to read as 
follows:


Sec.  1180.3  Other definitions.

* * * * *
    Board means the National Museum and Library Services Board 
established by The Museum and Library Services Act of 2003, Pub. L. 
108-81 (20 U.S.C. 9105a), as amended.
* * * * *

0
4. In Sec.  1180.37, revise paragraph (a) to read as follows:


Sec.  1180.37  Rejection for technical deficiency--appeal; 
reconsideration; waiver.

    (a) An applicant whose application is rejected because of technical 
deficiency may appeal such rejection in writing to the Director within 
10 business days of electronic or postmarked notice of rejection, 
whichever is earlier.
* * * * *

0
5. Revise Sec.  1180.55 to read as follows:


Sec.  1180.55  Subgrants.

    (a) A grantee may not make a subgrant unless expressly authorized 
by the Institute. In the event the Institute authorizes a subgrant, the 
grantee shall:
    (1) Ensure that the subgrant includes any clauses required by 
Federal law as well as any program-related conditions imposed by the 
Institute;
    (2) Ensure that the subgrantee is aware of the applicable legal and 
program requirements; and
    (3) Monitor the activities of the subgrantee as necessary to ensure 
compliance with Federal law and program requirements.
    (b) A grantee may contract for supplies, equipment, and services, 
subject to applicable law, including but not limited to applicable 
Office of

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Management and Budget (OMB) Circulars and government-wide regulations.

Subpart D--[Removed]

0
6. Subpart D, consisting of Sec.  1180.70, is removed.

    Dated: June 5, 2013.
Nancy E. Weiss,
General Counsel, Institute of Museum and Library Services.
[FR Doc. 2013-13730 Filed 6-10-13; 8:45 am]
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