Freedom of Information Act Regulations and Additional Incidental Technical Amendments to Other IMLS Regulations
| Published date | 26 December 2018 |
| Citation | 83 FR 66163 |
| Record Number | 2018-27219 |
| Section | Proposed rules |
| Court | Institute Of Museum And Library Services |
Federal Register, Volume 83 Issue 246 (Wednesday, December 26, 2018)
[Federal Register Volume 83, Number 246 (Wednesday, December 26, 2018)]
[Proposed Rules]
[Pages 66163-66166]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27219]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 /
Proposed Rules
[[Page 66163]]
NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES
Institute of Museum and Library Services
2 CFR Part 3187
45 CFR Parts 1181, 1182 and 1184
RIN 3137-AA25
Freedom of Information Act Regulations and Additional Incidental
Technical Amendments to Other IMLS Regulations
AGENCY: Institute of Museum and Library Services (IMLS or Institute),
National Foundation on the Arts and the Humanities, NFAH.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This rulemaking would revise the regulations that the
Institute of Museum and Library Services (IMLS) follows in processing
records under the Freedom of Information Act, in part to comply with
the FOIA Improvement Act of 2016, and otherwise would revise all
current IMLS regulations to reflect the agency's change of address,
update outdated information and ensure consistency within each
regulation and across all IMLS regulations. The revisions to IMLS FOIA
regulations would clarify and update procedures for requesting
information from IMLS and procedures that IMLS follows in responding to
requests from the public. The revisions to other IMLS regulations would
update the citation for the Age Discrimination Act of 1975, reflect the
agency's change of address, and update outdated information and to
ensure consistency within each regulation and across all IMLS
regulations.
DATES: Comments are invited and must be received by no later than
January 25, 2019.
ADDRESSES: Send comments to Susan B. Gerson, Associate General Counsel,
Institute of Museum and Library Services, 955 L'Enfant Plaza North SW,
Suite 4000, Washington, DC 20024-2135. Submit electronic comments to
sgerson@imls.gov. Telephone: (202) 653-4712. Facsimile: (202) 653-4610.
FOR FURTHER INFORMATION CONTACT: Susan B. Gerson, Associate General
Counsel, Institute of Museum and Library Services, 955 L'Enfant Plaza
North SW, Suite 4000, Washington, DC 20024-2135. Submit electronic
comments to sgerson@imls.gov. Telephone: (202) 653-4712. Facsimile:
(202) 653-4610.
SUPPLEMENTARY INFORMATION:
I. FOIA and Technical Amendments
The Institute proposes this rulemaking to revise its FOIA
regulations in accordance with the FOIA Improvement Act of 2016 and
otherwise reflect the agency's change of address and update outdated
information. IMLS also proposes to make minor technical amendments to
all other IMLS regulations to reflect the agency's change of physical
address, update contact information, and otherwise facilitate
readability. In the interests of economy of administration, and because
all of the regulations proposed to be removed are outdated and the
technical amendments are minor, they are included in this one
rulemaking.
II. Public Comment Procedures
Comments should be submitted in writing to the address indicated in
the ADDRESSES section of this document. All comments received will be
available upon request for public inspection at Institute of Museum and
Library Services, 955 L'Enfant Plaza North SW, Suite 4000, Washington,
DC 20024-2135. All written comments received by the date indicated in
the DATES section of this document and all other relevant information
in the record will be carefully assessed and fully considered prior to
implementation of the final rule. Any information considered to be
confidential must be so identified and submitted in writing. We will
not consider comments submitted anonymously. However, if you wish us to
withhold your name and/or address, you must state this prominently at
the beginning of your comment.
The regulatory amendments in this proposed rulemaking updates
outdated information and makes technical amendments to improve the
clarity and accuracy of the Institute's regulations. These changes will
ensure that all regulations affected are consistent with current laws.
The public is invited to make substantive comment on any of the changes
in the proposed rule.
III. Matters of Regulatory Procedure
Regulatory Planning and Review (E.O. 12866)
Under Executive Order 12866, the Institute must determine whether
the regulatory action is ``significant'' and therefore subject to OMB
review and the requirements of the Executive Order. The Order defines a
``significant regulatory action'' as one that is likely to result in a
rule that may: (1) Have an annual effect on the economy of $100 million
or more or adversely affect in a material way the economy, a sector of
the economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities; (2) create a serious inconsistency or otherwise interfere
with an action taken or planned by another agency; (3) materially alter
the budgetary impact of entitlements, grants, user fees, or loan
programs or the rights and obligations of recipients thereof; or (4)
raise novel legal or policy issues arising out of legal mandates, the
President's priorities, or the principles set forth in the Executive
Order.
The proposed rule updates outdated information and makes technical
amendments to the Institute's regulations. As such, it does not impose
a compliance burden on the economy generally or on any person or
entity. Accordingly, this rule is not a ``significant regulatory
action'' from an economic standpoint, and it does not otherwise create
any inconsistences or budgetary impacts to any other agency or Federal
Program.
Regulatory Flexibility Act
Because this proposed rule would amend outdated regulations and
make certain technical amendments, the Institute has determined in
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) review that this
proposed rule will not have a significant economic impact on a
substantial number of small entities because it simply makes technical
amendments and amends outdated regulations.
[[Page 66164]]
Paperwork Reduction Act
This proposed rule is exempt from the requirements of the Paperwork
Reduction Act (44 U.S.C. 3501-3521), since it amends existing outdated
regulations and makes only technical amendments. An OMB form 83-1 is
not required.
Unfunded Mandates Reform Act
For purposes of the Unfunded Mandates Reform Act of 1995 (2 U.S.C.
1501-1571), this proposed rule will not significantly or uniquely
affect small governments and will not result in increased expenditures
by State, local, or tribal governments, or by the private sector, of
$100 million or more as adjusted for inflation) in any one year.
Small Business Regulatory Enforcement Fairness Act (SBREFA)
This proposed rule is not a major rule under 5 U.S.C. 804(2), of
the Small Business Regulatory Enforcement Fairness Act. This proposed
rule:
a. Does not have an annual effect on the economy of $100 million or
more.
b. Will not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions.
c. Does not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S.-based enterprises to compete with foreign-based enterprises.
Takings (E.O. 12630)
In accordance with Executive Order 12630, the proposed rule does
not have significant takings implications. No rights, property or
compensation has been, or will be, taken. A takings implication
assessment is not required.
Federalism (E.O. 13132)
In accordance with Executive Order 13132, this proposed rule does
not have federalism implications that warrant the preparation of a
federalism assessment.
Civil Justice Reform (E.O. 12988)
In accordance with Executive Order 12988, the Institute has
determined that this proposed rule does not unduly burden the judicial
system and meets the requirements of sections 3(a) and 3(b)(2) of the
Order.
Consultation and Coordination With Indian Tribes (E.O. 13175)
In accordance with Executive Order 13175, the Institute has
evaluated this proposed rule and determined that it has no potential
negative effects on Federally recognized Indian tribes.
National Environmental Policy Act
This proposed rule does not constitute a major Federal action
significantly affecting the quality of the human environment.
List of Subjects
2 CFR Part 3187
Federal awards, Nondiscrimination.
45 CFR Part 1181
Accessibility, Employment, Nondiscrimination.
45 CFR Part 1182
Privacy Act.
45 CFR Part 1184
Freedom of Information Act.
For the reasons stated in the preamble and under the authority of
20 U.S.C. 9101 et seq., the Institute of Museum and Library Services
proposes to amend 2 CFR part 3187 and 45 CFR parts 1181, 1182, and 1184
as follows:
Title 2--Grants and Agreements
PART 3187--UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES,
AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS
0
1. The authority citation for part 3187 continues to read as follows:
Authority: 20 U.S.C. 9101-9176, 9103(h); 20 U.S.C. 80r-5; 2 CFR
part 200.
0
2. In Sec. 3187.12, in the table in paragraph (a), revise the entry
for ``Discrimination on the basis of age'' to read as follows:
Sec. 3187.12 Federal statutes and regulations on nondiscrimination.
(a) * * *
------------------------------------------------------------------------
Subject Statute
------------------------------------------------------------------------
* * * * * * *
Discrimination on the basis of age..... The Age Discrimination Act of
1975 (42 U.S.C. 6101-6107).
------------------------------------------------------------------------
* * * * *
Title 45--Public Welfare
PART 1181--ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF
HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE INSTITUTE OF
MUSEUM AND LIBRARY SERVICES
0
3. The authority citation for part 1181 continues to read as follows:
Authority: 29 U.S.C. 794.
0
4. Amend Sec. 1181.170 by revising the second sentence of paragraph
(c) to read as follows:
Sec. 1181.170 Compliance procedures.
* * * * *
(c) * * * Complaints may be sent to Director, Institute of Museum
and Library Services, 955 L'Enfant Plaza North SW, Suite 4000,
Washington, DC 20024-2135.
* * * * *
PART 1182--IMPLEMENTATION OF THE PRIVACY ACT OF 1974
0
5. The authority citation for part 1182 continues to read as follows:
Authority: 5 U.S.C. 552a(f).
0
6. Revise Sec. 1182.3 to read as follows:
Sec. 1182.3 Inquiries about the Institute's systems of records or
implementation of the Privacy Act.
Inquiries about the Institute's systems of records or
implementation of the Privacy Act should be sent to the following
address: Institute of Museum and Library Services; Office of the
General Counsel, 955 L'Enfant Plaza North SW, Suite 4000, Washington,
DC 20024-2135.
Sec. 1182.5 [Amended]
0
7. Amend Sec. 1182.5 by removing ``Committee on Government Reform of
the House of Representatives'' and adding in its place ``United States
House Committee on Oversight and Government Reform'' and by removing
``Committee on Governmental Affairs of the Senate'' and adding in its
place ``United States Senate Committee on Homeland Security and
Governmental Affairs.''
Sec. 1182.13 [Amended]
0
8. Amend Sec. 1182.13 by:
0
a. In paragraph (a) introductory text, adding the word ``will'' between
the words ``Institute'' and ``not;'' and
[[Page 66165]]
0
b. In paragraph (a)(2), removing ``45 CFR part 1100'' and adding in its
place ``45 CFR part 1184''.
Sec. 1182.15 [Amended]
0
6. In Sec. 1182.15, amend paragraph (a)(3) by removing ``1182.1'' and
adding in its place ``1182.2''.
0
7. Revise the heading for Sec. 1182.16 to read as follows:
Sec. 1182.16 Procedures to ensure that Institute employees involved
with its systems of records are familiar with the requirements of the
Privacy Act.
PART 1184--IMPLEMENTATION OF THE FREEDOM OF INFORMATION ACT
0
8. The authority citation for part 1184 continues to read as follows:
Authority: 5 U.S.C. 552.
0
9. Revise Sec. 1184.1 to read as follows:
Sec. 1184.1 What are the purpose and scope of these regulations?
(a) These regulations describe how the Institute of Museum and
Library Services (IMLS) processes requests for records under the
Freedom of Information Act (FOIA), 5 U.S.C. 552 as amended. The
regulations in this part apply only to records that are both:
(1) Created or obtained by IMLS; and
(2) Under the agency's control at the time of the FOIA request.
(b) The rules in this part should be read in conjunction with the
text of the FOIA and the Uniform Freedom of Information Fee Act
Schedule and Guidelines published by the Office of Management and
Budget (the ``OMB Guidelines''). Requests made by individuals for
records about themselves under the Privacy Act of 1974, 5 U.S.C. 552a,
are processed under 45 CFR part 1182 as well as under this part.
0
10. Amend Sec. 1184.2 by revising paragraphs (a) and (b), paragraph
(c) introductory text, paragraph (c)(10), the second sentence of
paragraph (c)(11), and paragraph (c)(12) to read as follows:
Sec. 1184.2 What are IMLS's general policies with respect to FOIA?
(a) Presumption of openness. IMLS administers the FOIA with a
presumption of openness. Under this presumption, IMLS makes
discretionary disclosures of records whenever such disclosure would not
foreseeably harm an interest protected by a FOIA exemption or otherwise
be prohibited by law.
(b) Records available at the IMLS FOIA Electronic Reading Room.
IMLS makes records available on its website Reading Room in accordance
with 5 U.S.C. 552(a)(2), as amended, as well as other records that have
been requested three or more times or that, because of the nature of
their subject matter, are likely to be the subject of FOIA requests.
IMLS establishes categories of records that can be disclosed regularly
and proactively identifies and discloses additional records of interest
to the public. To save time and money, and maximize efficiency, IMLS
strongly urges individuals who seek information from IMLS to review
documents available at the IMLS FOIA Electronic Reading Room before
submitting a FOIA request.
(c) Definitions. For purposes of this part, IMLS adopts all of the
terms defined in the Freedom of Information Act, and the OMB
Guidelines, unless otherwise defined in this part.
* * * * *
(10) Review. The examination of a record located in response to a
request to determine whether any portion of it is exempt from
disclosure. Review time includes all of the processing that is
necessary to prepare any record for disclosure, including, as
applicable, redacting portions of the record and marking the
appropriate exemptions. Review costs are properly charged even if a
record ultimately is not disclosed. Review time also includes time
spent both obtaining and considering any formal objection to disclosure
made by a confidential business information submitter under Sec.
1184.9 but it does not include time spent resolving general legal or
policy issues regarding the applicability of exemptions.
(11) * * * Search time includes page-by-page or line-by-line
identification of information within records; and the reasonable
efforts expended to locate and retrieve information from both hard copy
and electronic records.
(12) Working day. A regular Federal work day constitutes a working
day. It does not include Saturdays, Sundays, or Federal holidays.
0
11. Amend Sec. 1184.3 by revising paragraphs (a) and (b) to read as
follows:
Sec. 1184.3 How do I request records?
(a) Where to send a request. You may make a FOIA request for IMLS
records by completing the online prompts in the FOIA Online Portal via
FOIA.gov or via https://www.imls.gov/about/foia-request/form or by
sending an email to foia@imls.gov or by submitting a request in writing
via regular U.S. Mail addressed directly to the FOIA Public Liaison,
Institute of Museum and Library Services, 955 L'Enfant Plaza North SW,
Suite 4000, Washington, DC 20024-2135. Requests may also be sent in
writing via facsimile to the FOIA Officer at (202) 653-4625.
(b) Form of request. Your FOIA request need not be in any
particular format, but it must be in writing, include your name and
mailing address, and should be clearly identified as a Freedom of
Information Act or ``FOIA'' request. You must describe the records you
seek with sufficient specificity to enable the agency to identify and
locate the records, including, if possible, dates, subjects, titles, or
authors of the records requested. Before submitting a request, you may
contact IMLS's FOIA contact or FOIA Officer to discuss the records you
seek and to receive assistance in describing the records. If upon
receiving your request IMLS determines that it does not reasonably
describe the requested records, IMLS will advise you what additional
information is required to perfect your request, or why your request is
otherwise insufficient. You should also indicate if you have a
preferred form or format in which you would like to receive the
requested records.
* * * * *
0
12. Amend Sec. 1184.4 by adding paragraph (c) to read as follows:
Sec. 1184.4 When will I receive a response to my request?
* * * * *
(c) Expedited processing. (1) IMLS must process requests and
appeals on an expedited basis whenever it is determined that they
involve:
(i) Circumstances in which the lack of expedited processing could
reasonably be expected to pose an imminent threat to the life or
physical safety of an individual; or
(ii) An urgency to inform the public about an actual or alleged
Federal Government activity, if made by a person who is primarily
engaged in disseminating information.
(2) A request for expedited processing may be made at any time.
When making a request for expedited processing of an administrative
appeal, the request should be submitted as required by Sec. 1184.6.
(3) A requester who seeks expedited processing must submit a
statement, certified to be true and correct, explaining in detail the
basis for making the request for expedited processing. For example,
under paragraph (c)(1)(ii) of this section, a requester who is not a
full-time member of the news media must establish that the requester is
a person whose primary professional activity or occupation is
information dissemination, though it need not be the requester's sole
occupation. Such a requester also must establish a particular urgency
to inform the public about the government activity involved
[[Page 66166]]
in the request--one that extends beyond the public's right to know
about government activity generally. The existence of numerous articles
published on a given subject can be helpful in establishing the
requirement that there be an ``urgency to inform'' the public on the
topic. As a matter of administrative discretion, IMLS may waive the
formal certification requirement.
(4) IMLS must notify the requester within 10 calendar days of the
receipt of a request for expedited processing of its decision whether
to grant or deny expedited processing. If expedited processing is
granted, the request must be given priority, placed in the processing
track for expedited requests, and must be processed as soon as
practicable. If a request for expedited processing is denied, IMLS must
act on any appeal of that decision expeditiously.
0
13. Amend Sec. 1184.5 by:
0
a. Redesignating paragraphs (c), (d), and (e) as paragraphs (d), (e),
and (f);
0
b. Adding a new paragraph (c); and
0
c. In newly redesignated paragraph (f):
0
i. Removing ``FOIA Officer'' and adding in its place ``FOIA Public
Liaison;'' and
0
ii. Adding a sentence at the end of the paragraph.
The additions read as follows:
Sec. 1184.5 How will my request be processed?
* * * * *
(c) Estimated dates of completion and interim responses. Upon
request, IMLS will provide an estimated date by which the agency
expects to provide a response to the requester. If a request involves a
voluminous amount of material, or searches in multiple locations, IMLS
may provide interim responses, releasing the records on a rolling
basis.
* * * * *
(f) * * * In addition, IMLS will provide information about the
mediation services provided by the Office of Government Information
Services of the National Archives and Records Administration.
0
14. Amend Sec. 1184.6 by:
0
a. Revising paragraph (a); and
0
b. In paragraph (b), removing the term ``Office of Government Services
(OGIS)'' and adding in its place ``Office of Government Information
Services.''
The revision reads as follows:
Sec. 1184.6 How can I appeal a denial of my request?
(a) Submission of an appeal. If your FOIA request has been denied
in whole or in part, or if the agency has not found any records in
response to your request, you may file an appeal no later than ninety
(90) calendar days following the date of the notification of denial.
Your appeal must include a description of the initial request, the
reason for the appeal, and why you believe the agency's response was
incorrect. Your appeal must be in writing, signed, and filed with the
IMLS Director, c/o Office of the General Counsel, 955 L'Enfant Plaza
North SW, Suite 4000, Washington, DC 20024-2135. Appeals may also be
sent via email to foia@imls.gov, or via facsimile to (202) 653-4625.
* * * * *
0
15. Amend Sec. 1184.7 by revising paragraphs (f)(3)(ii) and (g) to
read as follows:
Sec. 1184.7 How will fees be charged?
* * * * *
(f) * * *
(3) * * *
(ii) When IMLS requests an advance payment, the time limits
described in section (a)(6) of the FOIA will begin only after IMLS has
received advanced full payment in full.
(g) Failure to comply. In the absence of unusual or exceptional
circumstances, IMLS will not assess fees if the agency fails to comply
with any time limit set forth in these regulations, unless the agency
has determined that unusual circumstances apply and more than 5,000
pages are necessary to respond to the request.
* * * * *
0
16. Amend Sec. 1184.8 by revising the second sentence of paragraph (b)
to read as follows:
Sec. 1184.8 How can I address concerns regarding my request?
* * * * *
(b) * * * If you seek information regarding OGIS and/or the
services it offers, please contact OGIS directly at Office of
Government Information Services, National Archives and Records
Administration, 8601 Adelphi Road-OGIS, College Park, MD 20740-6001,
Email: ogis@nara.gov, Phone: (202) 741-5770 or toll free (877) 684-
6448, Fax: (202) 741-5769. * * *
Sec. 1184.9 [Amended]
0
16. Amend Sec. 1184.9(b)(2) by adding a comma after ``local''.
Dated: December 12, 2018.
Danette Hensley,
Staff Assistant.
[FR Doc. 2018-27219 Filed 12-21-18; 8:45 am]
BILLING CODE 7036-01-P
