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. 


daltland on DSKBBV9HB2PROD with RULES
Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Rules and Regulations 2061 

We approved a temporary deviation 

for this event, but later learned 180 days 

will not be enough time to complete the 

work. This temporary rule change to 33 

CFR 117.879 will allow ODOT time to 

complete their scheduled maintenance 

and equipment upgrades. This 

temporary rule suspends the current 

paragraph regarding the Isthmus Slough 

Bridge, and adds a temporary new 

paragraph which amends the operating 

schedule of the Isthmus Slough Bridge 

by authorizing one half of the draw to 

open on signal, and reduces the 

horizontal clearance and vertical 

clearance of the bridge. The temporary 

rule is necessary to accommodate 

painting, preservation, and upgrading of 

its electrical systems. One half of the 

double bascule bridge will have a 

containment system installed on the 

non-functioning half of the span, and 

therefore reduces the vertical clearance 

by ten feet to 18 feet. The horizontal 

clearance with a full opening is 140 feet. 

In single leaf operation, the horizontal 

clearance is reduced to approximately 

70 feet. 

IV. Discussion of Comments, Changes 

and the Temporary Final Rule 

We published a NPRM in October 

2017 with a 30 day comment period, 

and did not receive any comments. We 

approved this temporary rule change to 

33 CFR 117.879 to be in effect from 6 

a.m. on February 26, 2018, through 6 

p.m. on July 31, 2019. This temporary 

rule authorizes ODOT to operate the 

Isthmus Slough Bridge one half of the 

draw on signal if at least 24 hours notice 

is given to the bridge operator, and 

reduce the horizontal clearance and 

vertical clearance of the bridge. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive Orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive Orders, and we discuss First 

Amendment rights of protesters. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

Executive Order 13771 directs agencies 

to control regulatory costs through a 

budgeting process. This rule has not 

been designated a ‘‘significant 

regulatory action,’’ under Executive 

Order 12866. Accordingly, it has not 

been reviewed by the Office of 

Management and Budget (OMB) and 

pursuant to OMB guidance it is exempt 

from the requirements of Executive 

Order 13771. This regulatory action 

determination is based on the ability for 

mariners to transit under the bridge 

because the Isthmus Slough Bridge can 

open half the draw allowing for the 

reasonable needs of navigation. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 1980 

(RFA), 5 U.S.C. 601–612, as amended, 

requires federal agencies to consider the 

potential impact of regulations on small 

entities during rulemaking. The term 

‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard received no comments 

from the Small Business Administration 

on this rule. The Coast Guard certifies 

under 5 U.S.C. 605(b) that this rule will 

not have a significant economic impact 

on a substantial number of small 

entities. While some owners or 

operators of vessels intending to transit 

the bridge may be small entities, for the 

reasons stated in section VI.A above, 

this rule would not have a significant 

economic impact on any vessel owner 

or operator. 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Public Law 104– 

121), we want to assist small entities in 

understanding this rule. If the rule 

would affect your small business, 

organization, or governmental 

jurisdiction, and you have questions 

concerning its provisions or options for 

compliance, please contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT, above. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

C. Collection of Information 

This rule calls for no new collection 

of information under the Paperwork 

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

3520). 

D. Federalism and Indian Tribal 

Government 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a 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. We have 

analyzed this rule under that Order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, this rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. We 

received no (0) comments in the NPRM 

for this section. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. We received 

no (0) comments in the NPRM for this 

section. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guides the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have made a determination that this 

action is one of a category of actions 

which do not individually or 

cumulatively have a significant effect on 

the human environment. This rule 

simply promulgates the operating 

regulations or procedures for 

drawbridges. This action is categorically 

excluded from further review, under 

figure 2–1, paragraph (32) (e), of the 

Instruction. A Record of Environmental 


daltland on DSKBBV9HB2PROD with RULES
2062 Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Rules and Regulations 

1 If a statute that created a penalty is amended to 

change the penalty amount, the Department does 

not adjust the penalty in the year following the 

adjustment. 

Consideration and a Memorandum for 

the Record are not required for this rule. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact the 

person listed in the ‘‘For Further 

Information Contact’’ section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

List of Subjects in 33 CFR Part 117 

Bridges. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

■ 1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05–1; 

and Department of Homeland Security 

Delegation No. 0170.1. 

§ 117.879 [Suspended] 

■ 2. Suspend § 117.879 effective 6 a.m. 

on February 26, 2018, through 6 p.m. on 

July 31, 2019. 

■ 3. Add temporary § 117.T879, 

effective 6 a.m. on February 26, 2018, 

through 6 p.m. on July 31, 2019, to read 

as follows: 

§ 117.T879 Isthmus Slough. 

The draw of the Oregon State 

secondary highway bridge, mile 1.0, at 

Coos Bay, shall operate in single leaf, 

and open half the draw on signal if at 

least 24 hours notice is given. The 

vertical clearance of the non-functioning 

leaf will be reduced up to ten feet. 

David G. Throop, 

Rear Admiral, U.S. Coast Guard, Commander, 

Thirteenth Coast Guard District. 

[FR Doc. 2018–00611 Filed 1–12–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF EDUCATION 

34 CFR Parts 36 and 668 

[Docket ID ED–2018–OGC–0004] 

RIN 1801–AA17 

Adjustment of Civil Monetary Penalties 

for Inflation 

AGENCY: Department of Education. 

ACTION: Final regulations. 

SUMMARY: The Department of Education 

(Department) issues these final 

regulations to adjust the Department’s 

civil monetary penalties (CMPs) for 

inflation. An initial ‘‘catch-up’’ 

adjustment was required by the Federal 

Civil Penalties Inflation Adjustment Act 

Improvements Act of 2015 (2015 Act), 

which amended the Federal Civil 

Penalties Inflation Adjustment Act of 

1990 (Inflation Adjustment Act). These 

final regulations provide the 2018 

annual inflation adjustments being 

made to the penalty amounts in the 

Department’s final regulations 

published in the Federal Register on 

April 20, 2017 (2017 final rule). 

DATES: These regulations are effective 

January 15, 2018. The adjusted CMPs 

established by these regulations are 

applicable only to civil penalties 

assessed after January 15, 2018, whose 

associated violations occurred after 

November 2, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Levon Schlichter, U.S. Department of 

Education, Office of the General 

Counsel, 400 Maryland Avenue SW, 

Room 6E235, Washington, DC 20202– 

2241. Telephone: (202) 453–6387 or by 

email: levon.schlichter@ed.gov. 

If you use a telecommunications 

device for the deaf or a text telephone, 

call the Federal Relay Service, toll free, 

at 1–800–877–8339. 

Individuals with disabilities can 

obtain this document in an accessible 

format (e.g., braille, large print, 

audiotape, or compact disc) on request 

to the contact person listed in this 

section. 

SUPPLEMENTARY INFORMATION: 

Background 

A CMP is defined in the Inflation 

Adjustment Act (28 U.S.C. 2461 note) 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. 

The Inflation Adjustment Act 

provides for the regular evaluation of 

CMPs to ensure that they continue to 

maintain their deterrent value. The 

Inflation Adjustment Act required that 

each agency issue regulations to adjust 

its CMPs beginning in 1996 and at least 

every four years thereafter. The 

Department published its most recent 

cost adjustment to its CMPs in the 

Federal Register on April 20, 2017 (82 

FR 18559), and those adjustments 

became effective on the date of 

publication. 

The 2015 Act (section 701 of Pub. 

Law 114–74) amended the Inflation 

Adjustment Act to improve the 

effectiveness of CMPs and to maintain 

their deterrent effect. 

The 2015 Act requires agencies to: (1) 

Adjust the level of CMPs with an initial 

‘‘catch-up’’ adjustment through an 

interim final rule (IFR); and (2) make 

subsequent annual adjustments for 

inflation. Catch-up adjustments are 

based on the percentage change between 

the Consumer Price Index for all Urban 

Consumers (CPI–U) for the month of 

October in the year the penalty was last 

adjusted by a statute other than the 

Inflation Adjustment Act, and the 

October 2015 CPI–U. Annual inflation 

adjustments are based on the percentage 

change between the October CPI–U 

preceding the date of each statutory 

adjustment, and the prior year’s October 

CPI–U.1 The Department published an 

IFR with the initial ‘‘catch-up’’ penalty 

adjustment amounts on August 1, 2016 

(81 FR 50321). 

In these final regulations, based on 

the CPI–U for the month of October 

2017, not seasonally adjusted, we are 

annually adjusting each CMP amount by 

a multiplier for 2018 of 1.02041, as 

directed by the Office of Management 

and Budget (OMB) Memorandum No. 

M–18–03 issued on December 15, 2017. 

The Department’s Civil Monetary 

Penalties 

The following analysis calculates new 

CMPs for penalty statutes in the order 

in which they appear in 34 CFR 36.2. 

The penalty amounts are being adjusted 

up based on the multiplier of 1.02041 

provided in OMB Memorandum No. M– 

18–03. 

Statute: 20 U.S.C. 1015(c)(5). 

Current Regulations: The CMP for 20 

U.S.C. 1015(c)(5) (Section 131(c)(5) of 

the Higher Education Act of 1965, as 

amended (HEA)), as last set out in 

statute in 1998 (Pub. Law 105–244, title 

I, § 101(a), October 7, 1998, 112 Stat. 

1602), is a fine of up to $25,000 for 

failure by an institution of higher 

education (IHE) to provide information 

on the cost of higher education to the 

Commissioner of Education Statistics. In 

the 2017 final rule, we increased this 

amount to $36,849. 

New Regulations: The new penalty for 

this section is $37,601. 

Reason: Using the multiplier of 

1.02041 from OMB Memorandum No. 

M–18–03, the new penalty is calculated 

as follows: $36,849 × 1.02041 = 

$37,601.09, which makes the adjusted 

penalty $37,601, when rounded to the 

nearest dollar. 


daltland on DSKBBV9HB2PROD with RULES