Privacy Act Regulations, 66319-66320 [2019-25929]
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66319
Federal Register / Vol. 84, No. 233 / Wednesday, December 4, 2019 / Rules and Regulations
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Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control Regulations for the State of
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[FR Doc. 2019–26102 Filed 12–3–19; 8:45 am]
BILLING CODE 6560–50–P
NATIONAL FOUNDATION ON THE
ARTS AND THE HUMANITIES
45 CFR Part 1115
RIN 3135–AA34; 3136–AA40; 3137–AA28
Privacy Act Regulations
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.
AGENCY:
This document removes the
National Foundation on the Arts and the
Humanities’ (the ‘‘Foundation’’)
regulations implementing the Privacy
Act of 1974. 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 Privacy Act regulations.
DATES: Effective December 4, 2019.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Voyatzis, Deputy General
Counsel, National Endowment for the
Humanities, (202) 606–8322;
gencounsel@neh.gov.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
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3/30/2019
12/4/2019, [insert Federal Register citation].
3/30/2019
12/4/2019, [insert Federal Register citation].
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1. Background
2. Public Notice and Comment
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 NEA,
NEH, IMLS, and FCAH (collectively, the
‘‘Foundation’s constituent agencies’’).
The Privacy Act regulations published
at part 1115 within Subchapter A of 45
CFR Chapter XI apply to the entire
Foundation.
As of August 19, 2019, however, the
Foundation’s Privacy Act regulations
are obsolete because NEA, NEH, and
IMLS have each adopted their own,
agency-specific regulations, and FCAH
is not required to implement Privacy
Act regulations. On that date, NEH
added NEH-specific Privacy Act
regulations to 45 CFR Chapter XI,
Subchapter D (45 CFR part 1169),
replacing the Foundation’s Privacy Act
regulations with respect to NEH. NEA
and IMLS had previously added NEAand IMLS-specific Privacy Act
regulations to 45 CFR, subchapters B
and E (45 CFR parts 1159 and 1182),
respectively, which replaced the
Foundation’s Privacy Act regulations
with respect to NEA and IMLS. FCAH
relies upon NEA and NEH for its
administration and does not maintain
any systems of records of its own; thus,
it has no need or obligation to publish
Privacy Act regulations. See 5 U.S.C.
552a(f) (requiring that only an agency
that ‘‘maintains a system of records
shall promulgate rules’’ implementing
the Privacy Act).
Because the Foundation’s Privacy Act
regulations are now obsolete, NEA,
NEH, and IMLS are issuing this joint
final rule to remove them.
Consistent with the Administrative
Procedure Act (APA), the Foundation’s
constituent agencies find that there is
‘‘good cause’’ to remove the
Foundation’s obsolete Privacy Act
regulations without public notice and
comment. See 5 U.S.C. 553(b)(3)(B).
Public notice and comment is
unnecessary because this final rule is a
minor, non-controversial technical
amendment that is unlikely to attract
public comment. Moreover, NEA, NEH,
and IMLS previously issued their own
Privacy Act regulations subject to public
notice and comment, and at that time
they indicated that the Foundation’s
regulations would no longer apply to
their specific agency. See 84 FR 34788
(July 19, 2019); 65 FR 46371 (July 28,
2000); and 71 FR 6374 (February 8,
2006).
In addition, the Foundation’s
constituent agencies find ‘‘good cause’’
to issue this final rule without a delayed
effective date. See 5 U.S.C. 553(d)(8). A
delayed effective date is not necessary
in this instance because NEA’s, NEH’s,
and IMLS’s agency-specific regulations
are already in effect, and thus the public
does not need advance notice to prepare
for the removal of the Foundation’s
obsolete regulations.
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3. Regulatory Analyses
Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
This action is not a significant
regulatory action and was therefore not
submitted to the Office of Management
and Budget (OMB) for review.
E:\FR\FM\04DER1.SGM
04DER1
66320
Federal Register / Vol. 84, No. 233 / Wednesday, December 4, 2019 / Rules and Regulations
Executive Order 13771: Reducing
Regulations and Controlling Regulatory
Costs
This action is not expected to be an
Executive Order 13771 regulatory action
because this action is not significant
under Executive Order 12866.
Paperwork Reduction Act of 1995
(‘‘PRA’’)
This action does not impose an
information collection burden under the
PRA. This action contains no provisions
constituting a collection of information
under the PRA.
Regulatory Flexibility Act of 1980
(‘‘RFA’’)
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. 2019–25929 Filed 12–3–19; 8:45 am]
BILLING CODE 7536–01–P
SURFACE TRANSPORTATION BOARD
49 CFR Part 1152
This action will not have a significant
economic impact on a substantial
number of small entities under the RFA.
This action will not impose any
requirements on small entities.
[Docket No. EP 749 (Sub-No. 1); Docket No.
EP 753]
Limiting Extensions of Trail Use
Negotiating Periods; Rails-to-Trails
Conservancy—Petition for Rulemaking
Unfunded Mandates Reform Act of 1995
(‘‘UMRA’’)
AGENCY:
This action does not contain any
unfunded mandate as described in the
UMRA, 2 U.S.C. 1531–1538, and does
not significantly or uniquely affect small
governments.
SUMMARY:
Executive Order 13132 (Federalism)
This final rule does not have
federalism implications. It will not have
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.
Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This final rule does not have tribal
implications as specified in Executive
Order 13175. Thus, Executive Order
13175 does not apply to this action.
List of Subjects in 45 CFR Part 1115
Administrative practice and
procedure, Privacy.
PART 1115—[REMOVED]
For the reasons stated in the preamble,
and under the authority of 5 U.S.C.
552a(f), NEA, NEH (for itself and on
behalf of FCAH, for which NEH
provides legal counsel), and IMLS
■
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amend 45 CFR chapter XI, subchapter D
by removing part 1115.
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ACTION:
Surface Transportation Board.
Final rule.
The Surface Transportation
Board (Board or STB) is adopting a final
rule amending its regulations related to
the National Trails System Act to: (1)
Provide that the initial term for
Certificates or Notices of Interim Trail
Use or Abandonment will be one year
(instead of the current 180 days); (2)
permit up to three one-year extensions
of the initial period if the trail sponsor
and the railroad agree; and (3) permit
additional one-year extensions if the
trail sponsor and the railroad agree and
extraordinary circumstances are shown.
DATES: This rule is effective on February
2, 2020.
ADDRESSES: Requests for information or
questions regarding this final rule
should reference Docket No. EP 749
(Sub-No. 1) et al., and be submitted
either via e-filing or in writing
addressed to Chief, Section of
Administration, Office of Proceedings,
Surface Transportation Board, 395 E
Street SW, Washington, DC 20423–0001.
FOR FURTHER INFORMATION CONTACT:
Sarah Fancher at (202) 245–0355.
Assistance for the hearing impaired is
available through the Federal Relay
Service at (800) 877–8339.
SUPPLEMENTARY INFORMATION: On June
14, 2018, the National Association of
Reversionary Property Owners (NARPO)
filed a petition requesting that the Board
consider issuing three rules related to 16
U.S.C. 1247(d), the codification of
section 8(d) of the National Trails
System Act (Trails Act), Public Law 90–
543, section 8, 82 Stat. 919, 925 (1968)
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(codified, as amended, at 16 U.S.C.
1241–1251). Specifically, NARPO asked
that the Board open a proceeding to
consider rules that would: (1) Limit the
number of 180-day extensions of a trail
use negotiating period to six; (2) require
a rail carrier or trail sponsor negotiating
an interim trail use agreement to send
notice of the issuance of a Certificate of
Interim Trail Use or Abandonment
(CITU) or Notice of Interim Trail Use or
Abandonment (NITU) 1 to landowners
adjacent to the right-of-way covered by
the CITU or NITU; and (3) require all
entities, including government entities,
filing a request for a CITU or NITU, or
extension thereof, to pay a filing fee.
After considering NARPO’s petition for
rulemaking and the comments received,
the Board granted the petition in part as
it pertained to NARPO’s first request
and instituted a rulemaking proceeding
in Limiting Extensions of Trail Use
Negotiating Periods, Docket No. EP 749
(Sub-No. 1), to propose modifications to
49 CFR 1152.29 that would limit the
number of 180-day extensions of the
interim trail use/railbanking negotiating
period to a maximum of six extensions,
absent extraordinary circumstances.
Nat’l Ass’n of Reversionary Prop.
Owners—Pet. for Rulemaking (NPR), EP
749 et al., (STB served Oct. 2, 2018) (83
FR 50,326). The Board, however, denied
NARPO’s petition with regard to its
other requests.
On March 22, 2019, after the comment
period closed in Docket No. EP 749
(Sub-No. 1), Rails-to-Trails Conservancy
(RTC) petitioned the Board in Rails-toTrails Conservancy—Petition for
Rulemaking, Docket No. EP 753, to
institute a rulemaking proceeding to
further revise section 1152.29 to
establish a one-year period for any
initial interim trail use negotiating
period and codify the Board’s authority
to grant extensions of the negotiating
period for good cause shown. Because
Docket Nos. EP 479 (Sub-No. 1) and EP
753 both pertain to the same regulation,
section 1152.29, and concern
procedures for the extension of interim
trail use negotiation/railbanking
negotiating periods, the Board
consolidated the two proceedings. After
carefully reviewing all the comments on
the NPR and the RTC petition, the
Board, in a supplemental notice of
proposed rulemaking, proposed to
establish a one-year period for any
initial interim trail use/railbanking
negotiating period, permit up to three
1 NARPO’s proposed rules only refer to NITUs,
but, presumably, NARPO intended to propose the
same changes to CITU procedures as there are no
substantive differences between CITUs (issued in an
abandonment application proceeding) and NITUs
(issued in an abandonment exemption proceeding).
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Agencies
[Federal Register Volume 84, Number 233 (Wednesday, December 4, 2019)]
[Rules and Regulations]
[Pages 66319-66320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25929]
=======================================================================
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NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES
45 CFR Part 1115
RIN 3135-AA34; 3136-AA40; 3137-AA28
Privacy 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.
-----------------------------------------------------------------------
SUMMARY: This document removes the National Foundation on the Arts and
the Humanities' (the ``Foundation'') regulations implementing the
Privacy Act of 1974. 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 Privacy Act regulations.
DATES: Effective December 4, 2019.
FOR FURTHER INFORMATION CONTACT: Elizabeth Voyatzis, Deputy General
Counsel, National Endowment for the Humanities, (202) 606-8322;
[email protected].
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 NEA, NEH, IMLS, and FCAH (collectively, the ``Foundation's
constituent agencies''). The Privacy Act regulations published at part
1115 within Subchapter A of 45 CFR Chapter XI apply to the entire
Foundation.
As of August 19, 2019, however, the Foundation's Privacy Act
regulations are obsolete because NEA, NEH, and IMLS have each adopted
their own, agency-specific regulations, and FCAH is not required to
implement Privacy Act regulations. On that date, NEH added NEH-specific
Privacy Act regulations to 45 CFR Chapter XI, Subchapter D (45 CFR part
1169), replacing the Foundation's Privacy Act regulations with respect
to NEH. NEA and IMLS had previously added NEA- and IMLS-specific
Privacy Act regulations to 45 CFR, subchapters B and E (45 CFR parts
1159 and 1182), respectively, which replaced the Foundation's Privacy
Act regulations with respect to NEA and IMLS. FCAH relies upon NEA and
NEH for its administration and does not maintain any systems of records
of its own; thus, it has no need or obligation to publish Privacy Act
regulations. See 5 U.S.C. 552a(f) (requiring that only an agency that
``maintains a system of records shall promulgate rules'' implementing
the Privacy Act).
Because the Foundation's Privacy Act regulations are now obsolete,
NEA, NEH, and IMLS are issuing this joint final rule to remove them.
2. Public Notice and Comment
Consistent with the Administrative Procedure Act (APA), the
Foundation's constituent agencies find that there is ``good cause'' to
remove the Foundation's obsolete Privacy Act regulations without public
notice and comment. See 5 U.S.C. 553(b)(3)(B). Public notice and
comment is unnecessary because this final rule is a minor, non-
controversial technical amendment that is unlikely to attract public
comment. Moreover, NEA, NEH, and IMLS previously issued their own
Privacy Act regulations subject to public notice and comment, and at
that time they indicated that the Foundation's regulations would no
longer apply to their specific agency. See 84 FR 34788 (July 19, 2019);
65 FR 46371 (July 28, 2000); and 71 FR 6374 (February 8, 2006).
In addition, the Foundation's constituent agencies find ``good
cause'' to issue this final rule without a delayed effective date. See
5 U.S.C. 553(d)(8). A delayed effective date is not necessary in this
instance because NEA's, NEH's, and IMLS's agency-specific regulations
are already in effect, and thus the public does not need advance notice
to prepare for the removal of the Foundation's obsolete regulations.
3. Regulatory Analyses
Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.
[[Page 66320]]
Executive Order 13771: Reducing Regulations and Controlling Regulatory
Costs
This action is not expected to be an Executive Order 13771
regulatory action because this action is not significant under
Executive Order 12866.
Paperwork Reduction Act of 1995 (``PRA'')
This action does not impose an information collection burden under
the PRA. This action contains no provisions constituting a collection
of information under the PRA.
Regulatory Flexibility Act of 1980 (``RFA'')
This action will not have a significant economic impact on a
substantial number of small entities under the RFA. This action will
not impose any requirements on small entities.
Unfunded Mandates Reform Act of 1995 (``UMRA'')
This action does not contain any unfunded mandate as described in
the UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely
affect small governments.
Executive Order 13132 (Federalism)
This final rule does not have federalism implications. It will not
have 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.
Executive Order 13175: Consultation and Coordination With Indian Tribal
Governments
This final rule does not have tribal implications as specified in
Executive Order 13175. Thus, Executive Order 13175 does not apply to
this action.
List of Subjects in 45 CFR Part 1115
Administrative practice and procedure, Privacy.
PART 1115--[REMOVED]
0
For the reasons stated in the preamble, and under the authority of 5
U.S.C. 552a(f), NEA, NEH (for itself and on behalf of FCAH, for which
NEH provides legal counsel), and IMLS amend 45 CFR chapter XI,
subchapter D by removing part 1115.
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. 2019-25929 Filed 12-3-19; 8:45 am]
BILLING CODE 7536-01-P