Removal of Freedom of Information Act Regulation Issued by National Foundation on the Arts and the Humanities, 27848-27849 [2023-09054]
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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:
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Fmt 4702
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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
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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
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Fmt 4702
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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
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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]
=======================================================================
-----------------------------------------------------------------------
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