Removal of Freedom of Information Act Regulations, 53810-53811 [2023-16608]
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Federal Register / Vol. 88, No. 152 / Wednesday, August 9, 2023 / Rules and Regulations
NATIONAL FOUNDATION ON THE
ARTS AND THE HUMANITIES
45 CFR Part 1110
Removal of Freedom of Information
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 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:
lotter on DSK11XQN23PROD with RULES1
SUMMARY:
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
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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.
their recipients; and (4) does not raise
novel legal or policy issues.
2. Compliance
Regulatory Flexibility Act of 1980
(‘‘RFA’’)
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
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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.
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.
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Federal Register / Vol. 88, No. 152 / Wednesday, August 9, 2023 / Rules and Regulations
List of Subjects in 45 CFR Part 1110
I. Background
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.
The Paperwork Reduction Act of 1980
(44 U.S.C. 35, et seq.) imposes a
requirement on Federal agencies to
obtain approval from the Office of
Management and Budget (OMB) before
collecting information from 10 or more
members of the public. The General
Services Acquisition Regulation (GSAR)
at 501.106 includes a table that
identifies all OMB approved control
numbers for GSA (3090 series) and the
Federal Acquisition Regulation (FAR)
(9000 series) that are applicable to GSA
acquisition requirements. As part of the
regulatory review process, GSA realized
that the table required a correction to
the listed OMB control number
pertaining to GSAR clause 552.238–85.
Therefore, within the table at 501.106,
GSA is correcting the OMB control
number from 3090–0303 to OMB control
numbers 3090–0235 and 3090–0306
specific to GSAR Clause 552.238–85.
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.
II. Publication of This Final Rule for
Public Comment Is Not Required by
Statute
[FR Doc. 2023–16608 Filed 8–8–23; 8:45 am]
BILLING CODE 7537–01–P
GENERAL SERVICES
ADMINISTRATION
48 CFR Part 501
[GSAR Case 2022–G518; Docket No. GSA–
GSAR–2023–0021; Sequence No. 1]
General Services Administration
Acquisition Regulation: Update to
OMB Approval Table for Paperwork
Reduction Act
Office of Acquisition Policy,
General Services Administration (GSA).
ACTION: Final rule; technical
amendment.
AGENCY:
The General Services
Administration is issuing this final rule
as a technical amendment to the General
Services Administration Acquisition
Regulation to update the table of
approved acquisition related
information collections from the Office
of Management and Budget under the
Paperwork Reduction Act.
DATES: Effective September 8, 2023.
FOR FURTHER INFORMATION CONTACT: For
clarification of content, contact Mr.
Curtis Hasuchildt, GSA Acquisition
Policy Division, at 817–253–7858 or
GSARPolicy@gsa.gov. For information
pertaining to status or publication
schedules, contact the Regulatory
Secretariat Division at 202–501–4755 or
GSARegsec@gsa.gov. Please cite GSAR
Case 2022–G518.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
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Jkt 259001
The statute that applies to the
publication of the FAR is 41 U.S.C.
1707. Subsection (a)(1) of 41 U.S.C.
1707 requires that a procurement policy,
regulation, procedure, or form
(including an amendment or
modification thereof) must be published
for public comment if it relates to the
expenditure of appropriated funds, and
has either a significant effect beyond the
internal operating procedures of the
agency issuing the policy, regulation,
procedure, or form, or has a significant
cost or administrative impact on
contractors or offerors. This final rule is
not required to be published for public
comment because the change is
technical in nature and makes
conforming updates to the title and
number of a referenced policy
document.
III. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. The Office of Information
and Regulatory Affairs (OIRA) in the
Office of Management and Budget
(OMB) has determined that this is not a
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53811
significant regulatory action and,
therefore, was not subject to review
under Section 6(b) of Executive Order
12866, Regulatory Planning and Review,
dated September 30, 1993.
IV. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., as amended by the
Small Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a ‘‘major rule’’ may take
effect, the agency promulgating the rule
must submit a rule report, which
includes a copy of the rule, to each
House of the Congress and to the
Comptroller General of the United
States. The General Services
Administration will submit a report
containing this rule and other required
information to the U.S. Senate, the U.S.
House of Representatives, and the
Comptroller General of the United
States. A major rule cannot take effect
until 60 days after it is published in the
Federal Register.
The Office of Information and
Regulatory Affairs in the Office of
Management and Budget has
determined that this is not a major rule
under 5 U.S.C. 804.
V. Regulatory Flexibility Act
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) does not apply to this
rule, because an opportunity for public
comment is not required to be given for
this rule under 41 U.S.C. 1707(a)(1) (see
Section II. of this preamble).
Accordingly, no regulatory flexibility
analysis is required and none has been
prepared.
VI. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply because the changes to the
GSAR do not impose recordkeeping or
information collection requirements, or
the collection of information from
offerors, contractors, or members of the
public that require the approval of the
Office of Management and Budget under
44 U.S.C. 3501, et seq.
List of Subjects in 48 CFR Part 501
Government procurement.
Jeffrey A. Koses,
Senior Procurement Executive, Office of
Acquisition Policy, Office of Governmentwide Policy, General Services Administration.
Therefore, GSA amends 48 CFR part
501 as follows:
PART 501—GENERAL SERVICES
ADMINISTRATION ACQUISITION
REGULATION SYSTEM
1. The authority citation for 48 CFR
part 501 continues to read as follows:
■
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]]>Agencies
[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.
-----------------------------------------------------------------------
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]
BILLING CODE 7537-01-P
