[Federal Register Volume 78, Number 112 (Tuesday, June 11, 2013)]
[Rules and Regulations]
[Pages 34920-34922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-13730]
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NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES
Institute of Museum and Library Services
45 CFR Part 1180
RIN 3137-AA21
Technical Amendments To Reflect the Authorizing Legislation of
the Institute of Museum and Library Services
AGENCY: Institute of Museum and Library Services (IMLS), NFAH.
ACTION: Technical amendment; final rule.
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SUMMARY: The Institute of Museum and Library amends its grants
regulations by removing outdated regulations and making certain
technical amendments to reflect Congress' reauthorization of the
Institute of Museum and Library Services under the Museum and Library
Services Act of 2010, as further amended by the Presidential
Appointment Efficiency and Streamlining Act of 2011. The amendments
also reorganize certain regulations to provide greater clarity for
agency applicants and grantees.
DATES: Effective June 11, 2013.
FOR FURTHER INFORMATION CONTACT: Nancy E. Weiss, General Counsel,
Institute of Museum and Library Services, 1800 M Street NW., Suite 900,
Washington, DC 20036. Email: [email protected]. Telephone: (202) 653-
4640. Facsimile: (202) 653-4610.
SUPPLEMENTARY INFORMATION:
I. Technical Amendments and Removal of the Institute's Outdated
Regulations
IMLS amends 45 CFR part 1180 to remove outdated regulations and
make minor technical amendments to reflect Congress' reauthorization of
the Institute of Museum and Library Services with the Museum and
Library Services Act of 2010, Public Law 111-340 (December 22, 2010),
as further amended by the Presidential Appointment Efficiency and
Streamlining Act of 2011, Public Law 112-166 (August 10, 2012). These
revisions are meant to fulfill the Institute's responsibility to its
eligible grant applicants by ensuring that all regulations, policies,
and procedures are up-to-date. The regulations being removed include
regulations relating to programs and requirements no longer in
existence at the Institute as a result of both agency practice and the
Museum and Library Services Act of 2010, Public Law 111-340 (December
22, 2010), as further amended by the Presidential Appointment
Efficiency and Streamlining Act of 2011, Public Law 112-166 (August 10,
2012). In the interests of economy of administration, and because all
of the regulations to be removed are outdated and the technical
amendments are minor, they are included in one rulemaking vehicle.
Section 553 of the Administrative Procedure Act (APA), 5 U.S.C.
553(b)(B), provides that, when an agency for good cause finds that
notice and public procedure are impracticable, unnecessary, or contrary
to the public interest, the agency may issue a rule without providing
notice and an opportunity for public comment. There is good cause for
making this action final without prior proposal and opportunity for
comment because the rule contains minor technical amendments that
provide agency applicants and grantees with greater clarity and
additional flexibility.
II. 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
[[Page 34921]]
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 rule removes a number of outdated regulations and makes
technical amendments to reflect Congress' reauthorization of the
Institute of Museum and Library Services under the Museum and Library
Services Act of 2010, Public Law 111-340 (December 22, 2010), as
further amended by the Presidential Appointment Efficiency and
Streamlining Act of 2011, Public Law 112-166 (August 10, 2012). 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 inconsistencies or budgetary impacts to
any other agency or Federal Program.
Regulatory Flexibility Act
Because this rule removes 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 rule will not
have a significant economic impact on a substantial number of small
entities because it simply makes technical amendments and removes
outdated regulations.
Paperwork Reduction Act
This rule is exempt from the requirements of the Paperwork
Reduction Act, since it removes existing outdated regulations and makes
only technical amendments to reflect Congress' reauthorization of the
Institute of Museum and Library Services under the Museum and Library
Services Act of 2010, Public Law 111-340 (December 22, 2010), as
further amended by the Presidential Appointment Efficiency and
Streamlining Act of 2011, Public Law 112-166 (August 10, 2012). 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.
chapter 25, subchapter II), this rule will not significantly or
uniquely affect small governments and will not result in increased
expenditures by State, local, and 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 rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. This 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 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 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 rule does not unduly burden the judicial system
and meets the requirements of sections 3(a) and 3(b)(2) of the Order.
Consultation with Indian tribes (E.O. 13175)
In accordance with Executive Order 13175, the Institute has
evaluated this rule and determined that it has no potential negative
effects on federally recognized Indian tribes.
National Environmental Policy Act
This rule does not constitute a major Federal action significantly
affecting the quality of the human environment.
List of Subjects in 45 CFR Part 1180
Administrative practice and procedure, Government contracts, Grant
programs-education, Grant programs-Indians, Cooperative agreements,
Federal aid programs, Grants administration, Libraries, Museums,
Nonprofit organizations, Colleges and universities, and Report and
recordkeeping requirements.
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
amends 45 CFR part 1180 as follows:
PART 1180--GRANTS REGULATIONS
0
1. The authority citation for part 1180 continues to read as follows:
Authority: 20 U.S.C. Section 9101 et seq.
0
2. In Sec. 1180.2, add the following sentence to the beginning of
paragraph (b) introductory text:
Sec. 1180.2 Definition of a museum.
* * * * *
(b) The term ``museum'' in paragraph (a) of this section includes
museums that have tangible and digital collections. * * *
* * * * *
0
3. In Sec. 1180.3, revise the definition of ``Board'' to read as
follows:
Sec. 1180.3 Other definitions.
* * * * *
Board means the National Museum and Library Services Board
established by The Museum and Library Services Act of 2003, Pub. L.
108-81 (20 U.S.C. 9105a), as amended.
* * * * *
0
4. In Sec. 1180.37, revise paragraph (a) to read as follows:
Sec. 1180.37 Rejection for technical deficiency--appeal;
reconsideration; waiver.
(a) An applicant whose application is rejected because of technical
deficiency may appeal such rejection in writing to the Director within
10 business days of electronic or postmarked notice of rejection,
whichever is earlier.
* * * * *
0
5. Revise Sec. 1180.55 to read as follows:
Sec. 1180.55 Subgrants.
(a) A grantee may not make a subgrant unless expressly authorized
by the Institute. In the event the Institute authorizes a subgrant, the
grantee shall:
(1) Ensure that the subgrant includes any clauses required by
Federal law as well as any program-related conditions imposed by the
Institute;
(2) Ensure that the subgrantee is aware of the applicable legal and
program requirements; and
(3) Monitor the activities of the subgrantee as necessary to ensure
compliance with Federal law and program requirements.
(b) A grantee may contract for supplies, equipment, and services,
subject to applicable law, including but not limited to applicable
Office of
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Management and Budget (OMB) Circulars and government-wide regulations.
Subpart D--[Removed]
0
6. Subpart D, consisting of Sec. 1180.70, is removed.
Dated: June 5, 2013.
Nancy E. Weiss,
General Counsel, Institute of Museum and Library Services.
[FR Doc. 2013-13730 Filed 6-10-13; 8:45 am]
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