Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Rules and Regulations 2059 

IV. Paperwork Reduction Act of 1995 

This guidance refers to previously 

approved collections of information 

found in FDA regulations. These 

collections of information are subject to 

review by the Office of Management and 

Budget (OMB) under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3520). The collections of information in 

21 CFR part 801 have been approved 

under OMB control number 0910–0485 

and the collections of information in 21 

CFR part 830 have been approved under 

OMB control number 0910–0720. 

Dated: January 9, 2018. 

Leslie Kux, 

Associate Commissioner for Policy. 

[FR Doc. 2018–00550 Filed 1–12–18; 8:45 am] 

BILLING CODE 4164–01–P 

DEPARTMENT OF THE INTERIOR 

National Indian Gaming Commission 

25 CFR Part 575 

Annual Adjustment of Civil Monetary 

Penalty To Reflect Inflation 

AGENCY: National Indian Gaming 

Commission. 

ACTION: Final rule. 

SUMMARY: In compliance with the 

Federal Civil Penalties Inflation 

Adjustment Act Improvements Act of 

2015 (the Act) and Office of 

Management and Budget (OMB) 

guidance, the National Indian Gaming 

Commission (NIGC or Commission) is 

amending its civil monetary penalty 

rule to reflect an annual adjustment for 

inflation in order to improve the 

penalty’s effectiveness and maintain its 

deterrent effect. The Act provides that 

the new penalty level must apply to 

penalties assessed after the effective 

date of the increase, including when the 

penalties whose associated violation 

predate the increase. 

DATES: This final rule will have an 

effective date of January 15, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Contact Armando J. Acosta, Senior 

Attorney, Office of General Counsel, 

National Indian Gaming Commission, at 

(202) 632–7003; fax (202) 632–7066 (not 

toll-free numbers). 

SUPPLEMENTARY INFORMATION: 

I. Background 

On November 2, 2015, the President 

signed into law the Federal Civil 

Penalties Inflation Adjustment Act 

Improvements Act of 2015 (Sec. 701 of 

Pub. L. 114–74). Beginning in 2017, the 

Act requires agencies to make annual 

inflationary adjustments to their civil 

monetary penalties by January 15th of 

each year, in accordance with annual 

OMB guidance. 

II. Calculation of Annual Adjustment 

On December 15, 2017, OMB issued 

guidance to agencies to calculate the 

annual adjustment. See M–18–03 

Memorandum for the Heads of 

Executive Departments and Agencies, 

from Mick Mulvaney, Director, Subject: 

Implementation of Penalty Inflation 

Adjustments for 2018, Pursuant to the 

Federal Civil Penalties Inflation 

Adjustment Act Improvements Act of 

2015 (December 15, 2017). According to 

OMB, the cost-of-living adjustment 

multiplier for 2018, based on the 

Consumer Price Index (CPI–U) for the 

month of October 2017, not seasonally 

adjusted, is 1.02041. 

Pursuant to this guidance, the 

Commission has calculated the annual 

adjustment level of the civil monetary 

penalty contained in 25 CFR 575.4 

(‘‘The Chairman may assess a civil fine, 

not to exceed $50,276 per violation, 

against a tribe, management contractor, 

or individual operating Indian gaming 

for each notice of violation . . .’’). The 

2018 adjusted level of the civil 

monetary penalty is $51,302 ($50,276 × 

1.02041). 

III. Regulatory Matters 

Regulatory Planning and Review 

This final rule is not a significant rule 

under Executive Order 12866. 

(1) This rule will not have an effect of 

$100 million or more on the economy or 

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) This rule will not create a serious 

inconsistency or otherwise interfere 

with an action taken or planned by 

another agency. 

(3) This rule does not involve 

entitlements, grants, user fees, or loan 

programs or the rights or obligations of 

recipients. 

(4) This regulatory change does not 

raise novel legal or policy issues. 

Regulatory Flexibility Act 

The Commission certifies that this 

rule will not have a significant 

economic effect on a substantial number 

of small entities under the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.) 

because the rule makes annual 

adjustments for inflation. 

Small Business Regulatory Enforcement 

Fairness Act 

This final rule is not a major rule 

under 5 U.S.C. 804(2), the Small 

Business Regulatory Enforcement 

Fairness Act. It will not result in the 

expenditure by state, local, or tribal 

governments, in the aggregate, or by the 

private sector of $100 million or more 

in any one year. The rule will not result 

in a major increase in costs or prices for 

consumers, individual industries, 

federal, state, or local government 

agencies, or geographic regions. Nor will 

this rule have significant adverse effects 

on competition, employment, 

investment, productivity, innovation, or 

the ability of the U.S.-based enterprises 

to compete with foreign-based 

enterprises. 

Unfunded Mandates Reform Act 

This final rule does not impose an 

unfunded mandate of more than $100 

million per year on state, local, or tribal 

governments or the private sector. The 

rule also does not have a significant or 

unique effect on state, local, or tribal 

governments or the private sector. 

Therefore, a statement containing the 

information required by the Unfunded 

Mandates Reform Act (2 U.S.C. 1531 et 

seq.) is not required. 

Takings 

Under the criteria in Executive Order 

12630, this final rule does not affect 

individual property rights protected by 

the Fifth Amendment nor does it 

involve a compensable ‘‘taking.’’ Thus, 

a takings implication assessment is not 

required. 

Federalism 

Under the criteria in Executive Order 

13132, this final rule has no substantial 

direct effect 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. 

Civil Justice Reform 

This final rule complies with the 

requirements of Executive Order 12988. 

Specifically, this rule has been reviewed 

to eliminate errors and ambiguity and 

written to minimize litigation. It is 

written in clear language and contains 

clear legal standards. 

Consultation With Indian Tribes 

In accordance with the President’s 

memorandum of April 29, 1994, 

Government-to-Government Relations 

with Native American Tribal 

Governments, Executive Order 13175 

(59 FR 22951, November 6, 2000), the 


daltland on DSKBBV9HB2PROD with RULES
2060 Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Rules and Regulations 

Commission has determined that 

consultations with Indian gaming tribes 

is not practicable, as Congress has 

mandated that annual civil penalty 

adjustments in the Act be implemented 

no later than January 15th of each year. 

Paperwork Reduction Act 

This final rule does not affect any 

information collections under the 

Paperwork Reduction Act. 

National Environmental Policy Act 

This final rule does not constitute a 

major federal action significantly 

affecting the quality of the human 

environment. 

Information Quality Act 

In developing this final rule, the 

Commission did not conduct or use a 

study, experiment, or survey requiring 

peer review under the Information 

Quality Act (Pub. L. 106–554). 

Effects on the Energy Supply 

This final rule is not a significant 

energy action under the definition in 

Executive Order 13211. A Statement of 

Energy Effects is not required. 

Clarity of This Regulation 

The Commission is required by 

Executive Orders 12866 and 12988 and 

by the Presidential Memorandum of 

June 1, 1998, to write all rules in plain 

language. This means that each rule that 

the Commission publishes must: 

(a) Be logically organized; 

(b) use the active voice to address 

readers directly; 

(c) use clear language rather than 

jargon; 

(d) be divided into short sections and 

sentences; and 

(e) use lists and tables wherever 

possible. 

Required Determinations Under the 

Administrative Procedure Act 

In accordance with the Act, agencies 

are to annually adjust civil monetary 

penalties without providing an 

opportunity for notice and comment, 

and without a delay in its effective date. 

Therefore, the Commission is not 

required to complete a notice and 

comment process prior to promulgation. 

List of Subjects in 25 CFR Part 575 

Administrative practice and 

procedure, Gaming, Indian lands, 

Penalties. 

For the reasons set forth in the 

preamble, the Commission amends 25 

CFR part 575 as follows: 

PART 575—CIVIL FINES 

■ 1. The authority citation for part 575 

continues to read as follows: 

Authority: 25 U.S.C. 2705(a), 2706, 2713, 

2715; and Sec. 701, Pub. L. 114–74, 129 Stat. 

599. 

§ 575.4 [Amended] 

■ 2. Amend the introductory text of 

§ 575.4 by removing ‘‘$50,276’’ and 

adding in its place ‘‘$51,302’’. 

Dated: January 9, 2018. 

Jonodev O. Chaudhuri, 

Chairman, 

Kathryn Isom-Clause, 

Vice Chair, 

E. Sequoyah Simermeyer, 

Associate Commissioner. 

[FR Doc. 2018–00505 Filed 1–12–18; 8:45 am] 

BILLING CODE 7565–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2017–0868] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Isthmus Slough, Coos Bay, OR 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

temporarily modifying the operating 

schedule that governs the Oregon State 

secondary highway bridge (Isthmus 

Slough Bridge), across Isthmus Slough, 

mile 1.0, at Coos Bay, OR. To 

accommodate Oregon Department of 

Transportation’s (ODOT) preservation, 

painting and replacement of the bridge 

equipment, ODOT will operate half the 

double bascule span (single leaf). 

Additionally, during the period of this 

work, the non-functioning leaf of the 

span’s vertical clearance will be 

reduced. 

DATES: This temporary final rule is 

effective from 6 a.m. on February 26, 

2018 to 6 p.m. on July 31, 2019. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov. Type USCG– 

2017–0868 in the ‘‘SEARCH’’ box and 

click ‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rulemaking. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Steven M. Fischer, Bridge 

Administrator, Thirteenth Coast Guard 

District Bridge Program Office, 

telephone 206–220–7282; email d13-pfd13bridges@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

Pub. L. Public Law 

ODOT Oregon Department of 

Transportation 

§ Section 

U.S.C. United States Code 

II. Background, Purpose and Legal 

Basis 

On October 24, 2017, we published a 

notice of proposed rulemaking (NPRM) 

entitled Drawbridge Operation 

Regulation; Isthmus Slough, Coos Bay, 

OR, in the Federal Register (82 FR 

49153). We received no comments on 

this rule. ODOT owns and operates the 

double bascule Isthmus Slough Bridge, 

across Isthmus Slough, mile 1.0, at Coos 

Bay, OR. The operating regulation has 

been temporarily modified to 

accommodate ODOT’s painting, 

preservation, and upgrading of the 

bridge electrical systems. Isthmus 

Slough provides no alternate routes to 

pass around the Isthmus Slough Bridge. 

To facilitate this event, ODOT will 

operate the double bascule bridge in 

single leaf mode (half of the span), and 

reduce the vertical clearance of the nonfunctioning leaf. Up to ten feet of 

containment will be installed under the 

non-functioning leaf only, and will 

reduce the vertical clearance to 18 feet. 

Vessels that do not require an opening 

may transit under the bridge at any 

time. We approved a temporary 

deviation on August 4, 2017 (82 FR 

36332), with the same change in bridge 

operations as this rule change. We have 

not received any reports of problems or 

complaints with the subject bridge 

operating under the temporary 

deviation. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority 33 U.S.C. 499. Isthmus 

Slough Bridge, across Isthmus Slough, 

mile 1.0, at Coos Bay, OR, is a double 

bascule drawbridge, and provides a 

vertical clearance of 28 feet in the 

closed-to-navigation position referenced 

to the vertical clearance above mean 

high water tide level. ODOT cannot 

complete scheduled maintenance and 

equipment upgrades unless the 

operating schedule for the subject bridge 

is changed. 


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