2070 Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Rules and Regulations 

being removed is outdated and 

unnecessary. 

Small Business Regulatory Enforcement 

Fairness Act (SBREFA) 

This rule is not a major rule under 5 

U.S.C. 804(2), the SBREFA. 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. 

Administrative Procedure Act (Notice of 

Proposed Rulemaking) 

We recognize that under 5 U.S.C. 

553(b) and (c) notice of proposed rules 

ordinarily must be published in the 

Federal Register and the agency must 

give interested parties an opportunity to 

submit their views and comments. We 

have determined under 5 U.S.C. 553(b) 

and 318 DM HB 5.3, however, that 

notice and public comment for this rule 

are not required. We find good cause to 

treat notice and comment as 

unnecessary. As discussed above, the 

document entitled ‘‘Environmental 

Criteria for Electric Transmission Lines’’ 

is no longer used by the NPS to evaluate 

applications for right-of-way permits for 

power transmission lines. The current 

reference in 36 CFR 14.78(b)(6)(ii) is 

potentially confusing for right-of-way 

applicants and its removal will simply 

reflect how the NPS currently processes 

applications. This correction will not 

benefit from public comment, and 

further delaying it is contrary to the 

public interest. 

We also recognize that rules 

ordinarily do not become effective until 

at least 30 days after their publication in 

the Federal Register. We have 

determined, however, that good cause 

exists for all the rule to be effective 

immediately upon publication for the 

reasons stated above. 

Unfunded Mandates Reform Act 

(UMRA) 

This rule does not impose an 

unfunded mandate on State, local, or 

tribal governments or the private sector 

of more than $100 million per year. The 

rule does not have a significant or 

unique effect on State, local or tribal 

governments or the private sector. This 

rule does not impose requirements on 

other agencies or governments. A 

statement containing the information 

required by the UMRA (2 U.S.C. 1531 et 

seq.) is not required. 

Takings (Executive Order 12630) 

This rule does not effect a taking of 

private property or otherwise have 

takings implications under Executive 

Order 12630. A takings implication 

assessment is not required. 

Federalism (Executive Order 13132) 

Under the criteria in section 1 of 

Executive Order 13132, the rule does 

not have sufficient federalism 

implications to warrant the preparation 

of a Federalism summary impact 

statement. A Federalism summary 

impact statement is not required. 

Civil Justice Reform (Executive Order 

12988) 

This rule complies with the 

requirements of Executive Order 12988. 

This rule: 

(a) Meets the criteria of section 3(a) 

requiring agencies to review all 

regulations to eliminate errors and 

ambiguity and write them to minimize 

litigation; and 

(b) Meets the criteria of section 3(b)(2) 

requiring agencies to write all 

regulations in clear language and 

contain clear legal standards. 

Consultation With Indian Tribes 

(Executive Order 13175 and Department 

Policy) 

The Department of the Interior strives 

to strengthen its government-togovernment relationship with Indian 

tribes through a commitment to 

consultation with Indian tribes and 

recognition of their right to selfgovernance and tribal sovereignty. We 

have evaluated this rule under the 

Department’s consultation policy and 

under the criteria in Executive Order 

13175 and have determined it has no 

substantial direct effects on federally 

recognized Indian tribes and 

consultation under the Department’s 

tribal consultation policy is not 

required. 

Paperwork Reduction Act (PRA) (44 

U.S.C. 3501 et seq.) 

This rule does not contain new 

collections of information that require 

approval by the Office of Management 

and Budget under the PRA. The rule 

does not impose new recordkeeping or 

reporting requirements on State, tribal, 

or local governments; individuals; 

businesses; or organizations. We may 

not conduct or sponsor and you are not 

required to respond to a collection of 

information unless it displays a 

currently valid OMB control number. 

National Environmental Policy Act 

(NEPA) 

This rule does not constitute a major 

Federal action significantly affecting the 

quality of the human environment. A 

detailed statement under the NEPA of 

1969 is not required. We have 

determined the rule is categorically 

excluded under 43 CFR 46.210(i) 

because it is administrative, legal, and 

technical in nature. We also have 

determined the rule does not involve 

any of the extraordinary circumstances 

listed in 43 CFR 46.215 that would 

require further analysis under NEPA. 

Effects on the Energy Supply (Executive 

Order 13211) 

This rule is not a significant energy 

action under the definition in Executive 

Order 13211. A Statement of Energy 

Effects in not required. 

Drafting Information: The primary 

author of this regulation was Jay 

Calhoun, Regulations Program 

Specialist, National Park Service. 

List of Subjects in 36 CFR Part 14 

Electric power, Highways and roads, 

Public lands-rights-of-way. 

In consideration of the foregoing, the 

National Park Service amends 36 CFR 

part 14 as follows: 

PART 14—RIGHTS-OF-WAY 

■ 1. The authority citation for part 14 is 

revised to read as follows: 

Authority: 54 U.S.C. 100902; 23 U.S.C. 

317. 

§ 14.78 [Amended] 

■ 2. In § 14.78, remove and reserve 

paragraph (b)(6)(ii). 

Jason Larrabee, 

Principal Deputy Assistant Secretary for Fish 

and Wildlife and Parks, exercising the 

authority of the Assistant Secretary for Fish 

and Wildlife and Parks. 

[FR Doc. 2018–00516 Filed 1–12–18; 8:45 am] 

BILLING CODE 4310–EJ–P 

LIBRARY OF CONGRESS 

U.S. Copyright Office 

37 CFR Parts 201 and 202 

[Docket No. 2017–8] 

Secure Tests: Extension of Comment 

Period 

AGENCY: U.S. Copyright Office, Library 

of Congress. 

ACTION: Interim rule with request for 

comments; extension of comment 

period. 


daltland on DSKBBV9HB2PROD with RULES
Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Rules and Regulations 2071 

1 82 FR 26850 (June 12, 2017). 

2 82 FR 52224 (Nov. 13, 2017). 

3 82 FR 56890 (Dec. 1, 2017). 

1OMB Memorandum M–18–03 (December 15, 

2017). 

SUMMARY: The U.S. Copyright Office is 

further extending the deadline for the 

submission of written comments in 

response to its June 12, 2017 and 

November 13, 2017 interim rules, 

regarding changes to the special 

procedure for examining secure tests, 

and the creation of a new group 

registration option for secure tests, 

respectively. 

DATES: The comment period for the 

interim rules, published on June 12, 

2017 (82 FR 26850), and November 13, 

2017 (82 FR 52224), is extended by an 

additional sixty days. Comments must 

be made in writing and must be 

received in the U.S. Copyright Office no 

later than April 2, 2018. 

ADDRESSES: For reasons of government 

efficiency, the Copyright Office is using 

the regulations.gov system for the 

submission and posting of public 

comments in this proceeding. All 

comments are therefore to be submitted 

electronically through regulations.gov. 

Specific instructions for submitting 

comments are available on the 

Copyright Office website at https://

www.copyright.gov/rulemaking/ 

securetests/. If electronic submission of 

comments is not feasible due to lack of 

access to a computer and/or the 

internet, please contact the Office for 

special instructions using the contact 

information below. 

FOR FURTHER INFORMATION CONTACT: 

Robert J. Kasunic, Associate Register of 

Copyrights and Director of Registration 

Policy and Practice; Sarang Vijay Damle, 

General Counsel and Associate Register 

of Copyrights; Erik Bertin, Deputy 

Director of Registration Policy and 

Practice; or Kevin R. Amer, Senior 

Counsel for Policy and International 

Affairs, by telephone at 202–707–8040 

or by email at rkas@loc.gov, sdam@

loc.gov, ebertin@loc.gov, and kamer@

loc.gov. 

SUPPLEMENTARY INFORMATION: On June 

12, 2017, the U.S. Copyright Office 

issued an interim rule memorializing its 

special procedures for examining secure 

texts.1 On November 13, 2017, the 

Office issued an additional interim rule 

establishing a new group registration 

option for secure test questions.2 The 

Office invited public comment on each 

of these interim rules, and previously 

extended its initial deadline for the 

submission of written comments.3 To 

ensure that members of the public have 

sufficient time to respond, and to ensure 

that the Office has the benefit of a 

complete record, the Office is further 

extending the submission deadline by 

an additional sixty days. Written 

comments now are due no later than 

April 2, 2018. 

Dated: January 9, 2018. 

Sarang V. Damle, 

General Counsel and Associate Register of 

Copyrights. 

[FR Doc. 2018–00549 Filed 1–12–18; 8:45 am] 

BILLING CODE 1410–30–P 

NATIONAL FOUNDATION FOR THE 

ARTS AND HUMANITIES 

National Endowment for the Arts 

45 CFR Parts 1149 and 1158 

RIN 3135–AA33 

Civil Penalties Adjustment for 2018 

AGENCY: National Endowment for the 

Arts, National Foundation for the Arts 

and Humanities. 

ACTION: Final rule. 

SUMMARY: The National Endowment for 

the Arts (NEA) is adjusting the 

maximum civil monetary penalties 

(CMPs) that may be imposed for 

violations of the Program Fraud Civil 

Remedies Act (PFCRA) and the NEA’s 

Restrictions on Lobbying to reflect the 

requirements of the Federal Civil 

Penalties Inflation Adjustment Act 

Improvements Act of 2015 (the 2015 

Act). The 2015 Act further amended the 

Federal Civil Penalties Inflation 

Adjustment Act of 1990 (the Inflation 

Adjustment Act) to improve the 

effectiveness of civil monetary penalties 

and to maintain their deterrent effect. 

This final rule provides the 2018 annual 

inflation adjustments to the initial 

‘‘catch-up’’ adjustments made on June 

15, 2017. 

DATES: Effective date: This rule is 

effective January 15, 2018. Applicability 

date: The adjusted civil monetary 

penalties established by this rule are 

applicable only to civil penalties 

assessed after January 15, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Aswathi Zachariah, Assistant General 

Counsel, National Endowment for the 

Arts, 400 7th St., SW, Washington, DC 

20506, Telephone: 202–682–5418. 

SUPPLEMENTARY INFORMATION: 

1. Background 

On December 12, 2017 the NEA 

issued a final rule entitled ‘‘Federal 

Civil Penalties Adjustments’’ which 

finalized the NEA’s June 15, 2017 

interim final rule entitled 

‘‘Implementing the Federal Civil 

Penalties Adjustment Act Improvements 

Act’’, implementing the 2015 Act 

(section 701 of Pub. L. 114–74), which 

amended the Inflation Adjustment Act 

(28 U.S.C. 2461 note) requiring catch-up 

and annual adjustments to the NEA’s 

CMPs. The 2015 Act requires agencies 

make annual adjustments to its CMPs 

for inflation. 

A CMP is defined in the Inflation 

Adjustment Act as any penalty, fine, or 

other sanction that is (1) for a specific 

monetary amount as provided by 

Federal law, or has a maximum amount 

provided for by Federal law; (2) 

assessed or enforced by an agency 

pursuant to Federal law; and (3) 

assessed or enforced pursuant to an 

administrative proceeding or a civil 

action in the Federal courts. 

These annual inflation adjustments 

are based on the percentage change in 

the Consumer Price Index for all Urban 

Consumers (CPI–U) for the month of 

October preceding the date of the 

adjustment, relative to the October CPI– 

U in the year of the previous 

adjustment. The formula for the amount 

of a CMP inflation adjustment is 

prescribed by law, as explained in OMB 

Memorandum M–16–06 (February 24, 

2016), and therefore the amount of the 

adjustment is not subject to the exercise 

of discretion by the Chairman of the 

National Endowment for the Arts 

(Chairman). 

The Office of Management and Budget 

has issued guidance on implementing 

and calculating the 2018 adjustment 

under the 2015 Act.1 Per this guidance, 

the CPI–U adjustment multiplier for this 

annual adjustment in 1.02041. In its 

prior rules, the NEA identified two civil 

penalties which require adjustment: The 

penalty for false statements under the 

PFCRA and the penalty for violations of 

the NEA’s Restrictions on Lobbying. The 

NEA adjusts the amount of those CMPs 

amount accordingly. 

2. Effective Dates 

The inflation adjustments contained 

in this rule shall apply to any violations 

assessed after January 15, 2018, the 

effective date of this rule. 

3. Adjustments 

Two civil penalties in NEA 

regulations require adjustment in 

accordance with the 2015 Act: (1) The 

penalty associated with Restrictions on 

Lobbying (45 CFR 1158.400; 45 CFR part 

1158, app. A) and (2) the penalty 

associated with the Program Fraud Civil 

Remedies Act (45 CFR 1149.9). 


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