[Federal Register Volume 79, Number 34 (Thursday, February 20, 2014)]
[Rules and Regulations]
[Pages 9621-9622]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-03544]



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 Rules and Regulations
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  Federal Register / Vol. 79, No. 34 / Thursday, February 20, 2014 / 
Rules and Regulations  

[[Page 9621]]



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, National 
Foundation on the Arts and the Humanities.

ACTION: Final rule.

-----------------------------------------------------------------------

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 amending 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 adopted or 
plans to adopt its own separate FOIA regulations.

DATES: Effective Date: March 24, 2014.

FOR FURTHER INFORMATION CONTACT: Andrew Christopher, Assistant General 
Counsel, Institute of Museum and Library Services, 202-653-4712.

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 decided to 
issue separate FOIA regulations or plans to adopt its own separate FOIA 
regulations; therefore, they are amending 45 CFR part 1100. 
Concurrently with this amendment, NEH has adopted new FOIA regulations 
for itself and the FCAH in 45 CFR part 1171, and IMLS has adopted new 
FOIA regulations for itself in 45 CFR part 1184. NEA intends to propose 
new FOIA regulations for itself in 45 CFR part 1160. On July 8, 2013, 
the Foundation published a proposed rule in the Federal Register (78 FR 
40664) and requested public comments on the proposed rule. The 
Foundation received one public comment, which was taken into 
consideration before adopting the final rule.

E.O. 12866, Regulatory Review

    This 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 certified that this 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 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 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 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 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

[[Page 9622]]

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 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. Revise Sec.  1100.3 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 [email protected]. 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 in the introductory text 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. Revise Sec.  1100.7 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.
Nancy E. Weiss,
General Counsel, Institute of Museum and Library Services.
[FR Doc. 2014-03544 Filed 2-19-14; 8:45 am]
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