Removal of Freedom of Information Act Regulation Issued by National Foundation on the Arts and the Humanities, 27848-27849 [2023-09054]

Download as PDF 27848 Federal Register / Vol. 88, No. 85 / Wednesday, May 3, 2023 / Proposed Rules section, the standard requests for the production of documents for a party asserting a counterclaim arising under an agreement shall include copies of: (1) The agreement at issue in the counterclaim arising under an agreement, including any amendments or revisions; (2) Documents related to the agreement at issue, including any amendments or revisions and documents related to the validity of and the parties’ performance under the agreement; and (3) Documents relevant to damages arising out of the counterclaim, including documents sufficient to show the damages suffered by the counterclaimant related to violation of the agreement in question. (g) For a counterclaim respondent responding to a counterclaim arising under an agreement. In addition to the information in paragraph (a) of this section, the standard requests for the production of documents for a counterclaim respondent responding to a counterclaim arising under an agreement shall include copies of: (1) The agreement at issue in the counterclaim arising under an agreement, including any amendments or revisions; (2) Documents related to the agreement at issue, including any amendments or revisions and documents related to the validity of and the parties’ performance under the agreement; and (3) Documents relevant to damages, including documents sufficient to show the lack of damages suffered by the counterclaimant related to the counterclaim respondent’s alleged violation of the agreement in question. * * * * * Dated: April 25, 2023. Suzanne V. Wilson, General Counsel and Associate Register of Copyrights. [FR Doc. 2023–09055 Filed 5–2–23; 8:45 am] BILLING CODE 1410–30–P COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED lotter on DSK11XQN23PROD with PROPOSALS1 41 CFR Parts 51–2, 51–3, and 51–5 RIN 3037–AA14 Supporting Competition in the AbilityOne Program; Extension of Comment Period Committee for Purchase From People Who Are Blind or Severely Disabled. AGENCY: VerDate Sep<11>2014 18:28 May 02, 2023 Jkt 259001 Proposed rule; extension of comment period. ACTION: On March 13, 2023, the Committee for Purchase from People Who Are Blind or Severely Disabled (Committee), operating as the U.S. AbilityOne Commission (Commission), published a proposed rule, Supporting Competition in the AbilityOne Program, with a 60-day comment period ending on May 11, 2023. The Commission has determined that a 30-day extension of the comment period, until June 12, 2023, is appropriate. The Commission is taking this action in response to requests for an extension to allow interested persons additional time to submit comments. DATES: The comment period for the proposed rule, Supporting Competition in the AbilityOne Program, published March 13, 2023, at 88 FR 15360, is extended. Electronic comments should be received no later than 11:59 p.m. Eastern Time on June 12, 2023. ADDRESSES: Interested persons may submit comments by using the following method: internet—Federal eRulemaking Portal. Electronic comments may be submitted through https://www.regulations.gov. To locate the proposed rule, use RIN 3037–AA14. Follow the instructions for submitting comments. Please be advised that comments received will be posted without change to https:// www.regulations.gov, including any personal information provided. Accessible Format: On request to the program contact person listed under FOR FURTHER INFORMATION CONTACT, individuals with disabilities can obtain this document in an alternative accessible format. FOR FURTHER INFORMATION CONTACT: Cassandra Assefa, Regulation and Policy Counsel, by telephone at 202–430–9886 or by email at cassefa@abilityone.gov. SUPPLEMENTARY INFORMATION: On March 13, 2023, the Commission published a proposed rule, Supporting Competition in the AbilityOne Program. The proposed rule would clarify the Commission’s authority to consider different pricing methodologies in establishing the Fair Market Price (FMP) for Procurement List (PL) additions and changes to the FMP; better define the parameters for conducting fair and equitable competitive allocations amongst multiple qualified Nonprofit Agencies (NPAs); and clarify the responsibilities and procedures associated with authorizing and deauthorizing NPA. The Commission has received requests for an extension of the 60-day SUMMARY: PO 00000 Frm 00137 Fmt 4702 Sfmt 4702 comment period. The Commission has considered the requests and is extending the comment period for the proposed rule until June 12, 2023. The Commission believes that this extension allows adequate time for interested persons to submit comments. Michael R. Jurkowski, Acting Director, Business Operations. [FR Doc. 2023–09236 Filed 5–2–23; 8:45 am] BILLING CODE 6350–01–P 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 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. AGENCY: 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: generalcounsel@arts.gov. 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. SUMMARY: E:\FR\FM\03MYP1.SGM 03MYP1 Federal Register / Vol. 88, No. 85 / Wednesday, May 3, 2023 / Proposed Rules 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, agencyspecific 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 IMLSspecific 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. lotter on DSK11XQN23PROD with PROPOSALS1 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 VerDate Sep<11>2014 18:28 May 02, 2023 Jkt 259001 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. PO 00000 Frm 00138 Fmt 4702 Sfmt 9990 27849 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] ■ 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] BILLING CODE 7537–01–P E:\FR\FM\03MYP1.SGM 03MYP1

Agencies

[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.

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

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]
BILLING CODE 7537-01-P
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