[Federal Register Volume 88, Number 85 (Wednesday, May 3, 2023)]
[Proposed Rules]
[Pages 27848-27849]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09054]


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NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES

45 CFR Part 1110


Removal of Freedom of Information Act Regulation Issued by 
National Foundation on the Arts and the Humanities

AGENCY: National Endowment for the Arts, National Endowment for the 
Humanities, Institute of Museum and Library Services, National 
Foundation on the Arts and the Humanities.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This rulemaking rescinds the National Foundation on the Arts 
and the Humanities' (the ``Foundation'') regulations implementing the 
Freedom of Information Act (``FOIA''). These regulations are obsolete 
because each of the Foundation's constituent agencies--the National 
Endowment for the Arts (``NEA''), the National Endowment for the 
Humanities (``NEH''), the Institute of Museum and Library Services 
(``IMLS''), and the Federal Council on the Arts and the Humanities 
(``FCAH'')--either have adopted their own, agency-specific regulations, 
or are not required to implement Freedom of Information Act 
regulations.

DATES: The public comment period for the proposed rule opens on May 3, 
2023. Written comments must be received on or before June 2, 2023.

ADDRESSES: You may submit comments, identified by RIN 3135-AA26, by any 
of the following methods:
    (a) Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the instructions for submitting comments.
    (b) Email: [email protected]. Include RIN 3135-AA26 in the 
subject line of the message.
    (c) Mail: National Endowment for the Arts, Office of General 
Counsel, 400 7th Street SW, Second Floor, Washington, DC 20506.
    (d) Hand Delivery/Courier: National Endowment for the Arts, Office 
of the General Counsel, 400 7th Street SW, Second Floor, Washington, DC 
20506.

[[Page 27849]]

    Instructions: All submissions received must include the agency name 
and docket number or Regulatory Information Number (3135-AA26) for this 
rulemaking.
    Docket: For access to the docket to read background documents or 
comments received, go to 400 7th Street SW, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Daniel Fishman, Assistant General 
Counsel, National Endowment for the Arts, 400 7th St. SW, Washington, 
DC 20506, Telephone: 202-682-5418.

SUPPLEMENTARY INFORMATION: 

1. Background

    The Foundation operates under the National Foundation on the Arts 
and the Humanities Act of 1965, as amended (20 U.S.C. 951 et seq.), and 
consists of the NEA, NEH, IMLS, and FCAH (collectively, the 
``Foundation's constituent agencies'').
    The Foundation's FOIA regulations located at 45 CFR 1100 are now 
obsolete. The NEA, NEH, and IMLS have each adopted their own, agency-
specific regulations. On February 27, 2019, the NEA promulgated FOIA 
regulations to 45 CFR Chapter XI, Subchapter B (45 CFR part 1148), 
which only apply to the NEA, effectively superseding the Foundation's 
FOIA regulations and rendering them duplicative. NEH and IMLS had 
previously added NEH- and IMLS-specific FOIA regulations to 45 CFR, 
Subchapters D and E (45 CFR parts 1171 & 1184), respectively, which 
replaced the Foundation's FOIA regulations with respect to NEH and 
IMLS. FCAH relies upon the NEA and NEH for its administration and does 
not maintain any systems of records of its own; thus, any requests for 
information or documents would be better directed to the other two 
constituent agencies of the Foundation to obtain the same information.
    Accordingly, the Foundation's constituent agencies propose 
rescinding the Foundation's regulations located at 45 CFR 1100.

2. Compliance

Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    Executive Order 12866 (E.O. 12866) established a process for review 
of rules by the Office of Information and Regulatory Affairs, which is 
within the Office of Management and Budget (OMB). Only ``significant'' 
proposed and final rules are subject to review under this Executive 
Order. ``Significant,'' as used in E.O. 12866, means ``economically 
significant.'' It refers to rules (1) with an impact on the economy of 
$100 million or more or that adversely affect in a material way the 
economy, a sector of the economy, productivity, competition, jobs, the 
environment, public safety or health, or State, local or tribal 
Governments or communities; or that (2) were inconsistent or interfered 
with an action taken or planned by another agency; (3) materially 
altered the budgetary impact of entitlements, grants, user fees, or 
loan programs or the rights or obligations of their recipients; or (4) 
raised novel legal or policy issues.
    This proposed rule would not be a significant policy change, and 
OMB has not reviewed this proposed rule under E.O. 12866. We have made 
the assessments required by E.O. 12866 and determined that this 
proposed rulemaking: (1) will not have an effect of $100 million or 
more on the economy and will not adversely affect in a material way the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or Tribal governments or 
communities; (2) will not create a serious inconsistency or otherwise 
interfere with an action taken or planned by another agency; (3) does 
not alter the budgetary effects of entitlements, grants, user fees, or 
loan programs or the rights or obligations of their recipients; and (4) 
does not raise novel legal or policy issues.

Executive Order 12988: Civil Justice Reform

    This proposed rule meets the applicable standards set forth in 
sections 3(a) and 3(b)(2) of E.O. 12988. Specifically, this proposed 
rule is written in clear language designed to help reduce litigation.

Paperwork Reduction Act of 1995 (``PRA'')

    This proposed rule does not impose an information collection burden 
under the PRA. This proposed rule contains no provisions constituting a 
collection of information under the PRA.

Regulatory Flexibility Act of 1980 (``RFA'')

    This proposed rule will not have a significant adverse impact on a 
substantial number of small entities, including small businesses, small 
governmental jurisdictions, or certain small not-for-profit 
organizations.

Unfunded Mandates Reform Act of 1995 (``UMRA'')

    This proposed rule does not contain a Federal mandate that will 
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.

Executive Order 13132 (Federalism)

    This proposed rulemaking does not have federalism implications, as 
set forth in E.O. 13132. As used in this order, federalism implications 
mean ``substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government.'' 
The NEA has determined that this proposed rulemaking will not have 
federalism implications within the meaning of E.O. 13132.

Executive Order 13175: Consultation and Coordination With Indian Tribal 
Governments

    Under the criteria in E.O. 13175, we have evaluated this proposed 
rule and determined that it would have no potential effects on 
Federally recognized Indian Tribes.

Executive Order 12630: Takings

    Under the criteria in E.O. 12630, this proposed rule does not have 
significant takings implications. Therefore, a takings implication 
assessment is not required.

List of Subjects in 45 CFR Part 1110

    Administrative practice and procedure, Archives and records, 
Freedom of information.

    For the reasons stated in the preamble, and under the authority of 
5 U.S.C. 552, the NEA, NEH (for itself and on behalf of FCAH, for which 
NEH provides legal counsel), and IMLS propose to amend 45 CFR Chapter 
XI Subchapter A as follows:

PART 1100--[Removed]

0
1. Remove Part 1100.

Valencia Rainey,
Acting 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. 2023-09054 Filed 5-2-23; 8:45 am]
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