[Federal Register Volume 88, Number 152 (Wednesday, August 9, 2023)]
[Rules and Regulations]
[Pages 53810-53811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16608]



[[Page 53810]]

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NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES

45 CFR Part 1110


Removal of Freedom of Information Act Regulations

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: Final rule.

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SUMMARY: This rule 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: These regulations are effective August 9, 2023.

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, on May 3, 2023, the Foundation's constituent agencies 
published a notice of proposed rulemaking (NPRM) for rescinding the 
Foundation's regulations located at 45 CFR 1100.
    Public Comment: No comments were received during the 30-day comment 
period. The Foundation's constituent agencies now publish the final 
regulation 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 final rule would not be a significant policy change, and OMB 
has not reviewed this final rule under E.O. 12866. We have made the 
assessments required by E.O. 12866 and determined that this final rule: 
(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 final rule meets the applicable standards set forth in 
sections 3(a) and 3(b)(2) of E.O. 12988. Specifically, this final rule 
is written in clear language designed to help reduce litigation.

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

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

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

    This final 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 final 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 final 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 final rule 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 final 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 final rule does not have 
significant takings implications. Therefore, a takings implication 
assessment is not required.

[[Page 53811]]

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 National Endowment for the Arts, National Endowment 
for the Humanities (for itself and on behalf of Federal Council on the 
Arts and the Humanities, for which it provides legal counsel), and 
Institute of Museum and Library Services amend 45 CFR Chapter XI 
Subchapter A by removing 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. 2023-16608 Filed 8-8-23; 8:45 am]
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