Privacy Act Regulations

 
CONTENT
Federal Register, Volume 84 Issue 233 (Wednesday, December 4, 2019)
[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.
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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]
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