Federal Civil Penalties Adjustments, 58348-58350 [2017-26733]
Download as PDF
<![CDATA[
58348
Federal Register / Vol. 82, No. 237 / Tuesday, December 12, 2017 / Rules and Regulations
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. The EPA will
submit a report containing this action
and other required information to the
U.S. Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. This action is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by February 12, 2018. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Best available retrofit
technology, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Regional haze, Reporting and
recordkeeping requirements, Sulfur
dioxide, Visibility, Volatile organic
compounds.
Dated: December 5, 2017.
Samuel Coleman,
Acting Regional Administrator, Region 6.
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart GG—New Mexico
2. In § 52.1620(e), the second table
titled ‘‘EPA Approved Nonregulatory
Provisions and Quasi-Regulatory
Measures in the New Mexico SIP’’ is
amended by adding an entry for ‘‘City
of Albuquerque Progress Report for the
State Implementation Plan for Regional
Haze’’ at the end of the table to read as
follows:
■
§ 52.1620
*
40 CFR part 52 is amended as follows:
Identification of plan.
*
*
(e) * * *
*
*
EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE NEW MEXICO SIP
Applicable
geographic or
nonattainment area
Name of SIP provision
*
*
*
City of Albuquerque Progress Report for the State
Implementation Plan for Regional Haze.
State
submittal/
effective
date
*
City of AlbuquerqueBernalillo County.
*
6/24/2016
NATIONAL FOUNDATION FOR THE
ARTS AND HUMANITIES
improve the effectiveness of civil
monetary penalties and to maintain
their deterrent effect. This final rule
finalizes the catch-up inflation
adjustment interim final rule required
by the Inflation Adjustment Act.
National Endowment for the Arts
DATES:
45 CFR Parts 1149 and 1158
FOR FURTHER INFORMATION CONTACT:
RIN 3135–AA33
Aswathi Zachariah, Assistant General
Counsel, National Endowment for the
Arts, 400 7th St. SW, Washington, DC
20506, Telephone: 202–682–5418.
[FR Doc. 2017–26661 Filed 12–11–17; 8:45 am]
BILLING CODE 6560–50–P
Effective date: This rule is
effective December 12, 2017.
Federal Civil Penalties Adjustments
National Endowment for the
Arts, National Foundation for the Arts
And Humanities.
ACTION: Final rule.
AGENCY:
ethrower on DSK3G9T082PROD with RULES
SUPPLEMENTARY INFORMATION:
1. Background
The National Endowment for
the Arts (NEA) is adjusting the
maximum civil monetary penalties 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
SUMMARY:
VerDate Sep<11>2014
16:52 Dec 11, 2017
Jkt 244001
On June 15, 2017 the NEA issued an
interim final rule entitled
‘‘Implementing the Federal Civil
Penalties Adjustment Act Improvements
Act of 2015’’ (the IFR) to implement the
required catch-up and annual
adjustments to the NEA’s civil monetary
penalties. (See 82 FR 27431) This rule
finalizes the catch-up adjustment
interim final rule and outlines the
required annual adjustment of civil
penalties in accordance with the 2015
Act, as amended.
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
EPA approval
date
*
12/12/2017, [Insert Federal Register citation].
Explanation
*
2. Overview of Final Rule
The 2015 Act requires agencies to: (1)
Adjust the level of civil monetary
penalties with an initial ‘‘catch-up’’
adjustment through an interim final
rulemaking; and (2) make subsequent
annual adjustments for inflation.
Inflation adjustments will be based on
the percent 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 Office of Management and Budget
has issued two memoranda, providing
guidance on implementing and
calculating adjustments.1
In the IFR, the NEA identified two
civil penalties in its regulations that
require adjustment: (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). The
NEA received no comments in response
to the IFR and the proposed adjustments
and therefore will continue to publish
subsequent annual adjustments in
1 OMB
E:\FR\FM\12DER1.SGM
Memoranda M–16–06 and M–17–11.
12DER1
Federal Register / Vol. 82, No. 237 / Tuesday, December 12, 2017 / Rules and Regulations
accordance with the law or as directed
by the Office of Management and
Budget.
3. Subsequent Annual Adjustments
The 2015 Act requires agencies to
make annual adjustments to civil
penalty amounts no later than January
15 of each year following the
adjustments contained in this final rule.
For subsequent annual adjustments
made in accordance with the 2015 Act,
the amount of the adjustment will have
the same basis as the annual
adjustments previously described in the
IFR (the percent increase between the
CPI–U for the month of October
preceding the date of the adjustment
and the CPI–U for the October one year
prior to the October immediately
preceding the date of the adjustment). If
there is no increase, there is no
adjustment of civil penalties. Therefore,
if the NEA adjusts penalties in January
2018, the adjustment will be calculated
based on the percent change between
the CPI–U for October 2017 (the October
immediately preceding the date of
adjustment) and October 2016 (the
October one year prior to October 2017).
The NEA will publish the amount of
these annual inflation adjustments in
the Federal Register no later than
January 15 of each year.
4. Compliance
ethrower on DSK3G9T082PROD with RULES
Administrative Procedure Act
Section 553 of the Administrative
Procedure Act requires agencies to
provide an opportunity for notice and
comment on rulemaking and also
requires agencies to delay a rule’s
effective date for 30 days following the
date of publication in the Federal
Register unless an agency finds good
cause to forgo these requirements.
However, section 4(b)(2) of the 2015 Act
requires agencies to adjust civil
monetary penalties notwithstanding
section 553 of the Administrative
Procedure Act (APA) and publish
annual inflation adjustments in the
Federal Register. ‘‘This means that the
public procedure the APA generally
requires . . . is not required for agencies
to issue regulations implementing the
annual adjustment.’’ OMB
Memorandum M–17–11.
Even if the 2015 Act did not except
this rulemaking from section 553 of the
APA, the NEA has good cause to
dispense with notice and comment.
Section 553(b)(B), authorizes agencies to
dispense with notice and comment
procedures for rulemaking if the agency
finds good cause that notice and
comment are impracticable,
unnecessary, or contrary to public
VerDate Sep<11>2014
16:52 Dec 11, 2017
Jkt 244001
interest. The annual adjustments to civil
penalties for inflation and the method of
calculating those adjustments are
established by section 5 of the FCPIAA,
as amended, leaving no discretion for
the NEA. Accordingly, public comment
would be impracticable because the
NEA would be unable to consider such
comments in the rulemaking process.
Regulatory Planning and Review
(Executive Order 12866)
Executive Order 12866 (E.O. 12866)
established a process for review of rules
by the Office of Information and
Regulatory Affairs, which is within the
Office of Management and Budget
(OMB). Only ‘‘significant’’ proposed and
final rules are subject to review under
this Executive Order. ‘‘Significant,’’ as
used in E.O. 12866, means
‘‘economically significant.’’ It refers to
rules with (1) an impact on the economy
of $100 million; or that (2) were
inconsistent or interfered with an action
taken or planned by another agency; (3)
materially altered the budgetary impact
of entitlements, grants, user fees, or loan
programs; or (4) raised novel legal or
policy issues.
This final rule would not be a
significant policy change and OMB has
not reviewed this final rule under E.O.
12866. We have made the assessments
required by E.O. 12866 and determined
that this rule: (1) Will not have an effect
of $100 million or more on the
economy; (2) 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; (3) will not create a
serious inconsistency or otherwise
interfere with an action taken or
planned by another agency; (4) does not
alter the budgetary effects of
entitlements, grants, user fees, or loan
programs or the rights or obligations of
their recipients; and (5) does not raise
novel legal or policy issues.
Executive Order 13771
Executive Order 13771 section 5
requires that agencies, in most
circumstances, remove or rescind two
regulations for every regulation
promulgated unless they request and are
specifically exempted from that order’s
requirements by the Director of the
Office of Management and Budget.
This rule is not subject to the
requirements of Executive Order 13771
because this rule is not significant under
Executive Order 12866. Furthermore,
the NEA has requested and has received
an exemption from the requirement that
the agency rescind two regulations for
every regulation it promulgate from the
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
58349
Director of the Office of Management
and Budget.
Federalism (Executive Order 13132)
This rulemaking does not have
Federalism implications, as set forth in
E.O. 13132. As used in this order,
Federalism implications mean
‘‘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.’’ The NEA has
determined that this rulemaking will
not have Federalism implications
within the meaning of E.O. 13132.
Civil Justice Reform (Executive Order
12988)
This rulemaking meets the applicable
standards set forth in section 3(a) and
3(b)(2) of E.O. 12988. Specifically, this
final rule is written in clear language
designed to help reduce litigation.
Indian Tribal Governments (Executive
Order 13175)
Under the criteria in E.O. 13175, we
have evaluated this final rule and
determined that it would have no
potential effects on Federally recognized
Indian Tribes.
Takings (Executive Order 12630)
Under the criteria in E.O. 12630, this
rulemaking does not have significant
takings implications. Therefore, a
takings implication assessment is not
required.
Regulatory Flexibility Act of 1980 (5
U.S.C. 605(b))
This rulemaking will not have a
significant adverse impact on a
substantial number of small entities,
including small businesses, small
governmental jurisdictions, or certain
small not-for-profit organizations.
Paperwork Reduction Act of 1995 (44
U.S.C., Chapter 35)
This rulemaking will not impose any
‘‘information collection’’ requirements
under the Paperwork Reduction Act.
Under the act, information collection
means the obtaining or disclosure of
facts or opinions by or for an agency by
10 or more nonfederal persons.
Unfunded Mandates Act of 1995
(Section 202, Pub. L. 104–4)
This rulemaking does not contain a
Federal mandate that will result in the
expenditure by State, local, and tribal
governments, in the aggregate, or by the
private sector of $100 million or more
in any one year.
E:\FR\FM\12DER1.SGM
12DER1
58350
Federal Register / Vol. 82, No. 237 / Tuesday, December 12, 2017 / Rules and Regulations
National Environmental Policy Act of
1969 (5 U.S.C. 804)
The final rule will not have
significant effect on the human
environment.
in plain and clear language so that it can
be used and understood by the public,
the NEA has modeled the language of
this rule on the Federal Plain Language
Guidelines.
Small Business Regulatory Enforcement
Fairness Act of 1996 (Sec. 804, Pub. L.
104–121)
This final rule would not be a major
rule as defined in section 804 of the
Small Business Regulatory Enforcement
Fairness Act of 1996. This final rule will
not result in an annual effect on the
economy of $100,000,000 or more, a
major increase in costs or prices,
significant adverse effects on
competition, employment, investment,
productivity, innovation, or on the
ability of United States-based
companies to compete with foreign
based companies in domestic and
export markets.
Public Participation
ethrower on DSK3G9T082PROD with RULES
E-Government Act of 2002 (44 U.S.C.
3504)
Section 206 of the E-Government Act
requires agencies, to the extent
practicable, to ensure that all
information about that agency required
to be published in the Federal Register
is also published on a publicly
accessible Website. All information
about the NEA required to be published
in the Federal Register may be accessed
at www.arts.gov. This Act also requires
agencies to accept public comments on
their rules ‘‘by electronic means.’’ See
heading ‘‘Public Participation’’ for
directions on electronic submission of
public comments on this final rule.
Finally, the E-Government Act
requires, to the extent practicable, that
agencies ensure that a publicly
accessible Federal Government Website
contains electronic dockets for
rulemakings under the Administrative
Procedure Act of 1946 (5 U.S.C. 551 et
seq.). Under this Act, an electronic
docket consists of all submissions under
section 553(c) of title 5, United States
Code; and all other materials that by
agency rule or practice are included in
the rulemaking docket under section
553(c) of title 5, United States Code,
whether or not submitted electronically.
The Website https://
www.regulations.gov contains electronic
dockets for the NEA’s rulemakings
under the Administrative Procedure Act
of 1946.
Plain Writing Act of 2010 (5 U.S.C. 301)
Under this Act, the term ‘‘plain
writing’’ means writing that is clear,
concise, well-organized, and follows
other best practices appropriate to the
subject or field and intended audience.
To ensure that this rule has been written
VerDate Sep<11>2014
16:52 Dec 11, 2017
Jkt 244001
DEPARTMENT OF STATE
48 CFR Parts 604 and 642
[Public Notice 9777]
RIN 1400–AE06
The NEA has written this final rule in
compliance with E.O. 13563 by ensuring
its accessibility, consistency, simplicity
of language, and overall
comprehensibility. In addition, the
public participation goals of this order
are also satisfied by the NEA’s
participation in a process in which its
views and information are made public
to the extent feasible, and before any
decisions are actually made. This will
allow the public the opportunity to react
to the comments, arguments, and
information of others during the
rulemaking process. The NEA initiates
its participation in an open exchange by
posting the regulation and its
rulemaking docket on https://
www.regulations.gov.
Finally, Section 2 of E.O. 13563
directs agencies, where feasible and
appropriate, to seek the views of those
who are likely to be affected by
rulemaking. This provision emphasizes
the importance of prior consultation
with ‘‘those who are likely to benefit
from and those who are potentially
subject to such rulemaking.’’ One goal is
to solicit ideas about alternatives,
relevant costs and benefits (both
quantitative and qualitative), and
potential flexibilities. The NEA reaches
out to interested and affected parties by
soliciting comments.
Department of State Acquisition
Regulation; Technical Amendment
Department of State.
Final rule.
AGENCY:
ACTION:
The Department of State
(DOS) is amending the Department of
State Acquisition Regulation (DOSAR)
to add notice that the Department has an
agreement with the Defense Contract
Audit Agency, and to provide a
procedural correction.
DATES: This final rule is effective on
January 11, 2018.
FOR FURTHER INFORMATION CONTACT: Ms.
Colleen Kosar, Policy Division, Office of
the Procurement Executive, A/OPE,
2201 C Street NW, Suite 1060, State
Annex Number 15, Washington, DC
20520. Telephone: 703–516–1685.
email: KosarCM@state.gov.
SUPPLEMENTARY INFORMATION: This
document adds a new subpart 642.1,
including section 642.101(b), to provide
notice of the Department’s agreement
with the Defense Contract Audit Agency
on the conduct of incurred cost audits
for the Department’s costreimbursement contracts. In addition,
part 604 is amended to specify the office
through which audits are coordinated,
from the Office of the Inspector General
to the Audit Team in the Office of
Acquisitions Management’s Quality
Assurance Branch.
SUMMARY:
List of Subjects in 45 CFR Parts 1149
and 1158
Regulatory Findings
Administrative practice and
procedure, Government contracts, Grant
programs, Loan programs, Lobbying,
Penalties.
The Department is publishing this
rule as a final rule, as a rule of agency
procedure or practice.
For the reasons stated in the preamble,
the interim rule amending 45 CFR parts
1149 and 1158 which was published at
82 FR 27431 on June 15, 2017 is
adopted as final without change.
■
Dated: December 7, 2017.
Jillian Miller,
Director of Guidelines and Panel Operations,
Administrative Services, National
Endowment for the Arts.
[FR Doc. 2017–26733 Filed 12–11–17; 8:45 am]
BILLING CODE P
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
Administrative Procedure Act
Regulatory Flexibility, Unfunded
Mandates, SBREFA
The Department of State, in
accordance with the Regulatory
Flexibility Act (5 U.S.C. 605(b)), has
reviewed this regulation and, by
approving it, certifies that this rule will
not have a significant economic impact
on a substantial number of small
entities. This determination was based
on the fact that the amendment in this
rule will not have any cost or
administrative impact on offerors or
contractors. This rule will not result in
the expenditure by State, local, and
tribal governments, in the aggregate, or
by the private sector, of $100 million or
more in any year and it will not
E:\FR\FM\12DER1.SGM
12DER1
]]>Agencies
[Federal Register Volume 82, Number 237 (Tuesday, December 12, 2017)]
[Rules and Regulations]
[Pages 58348-58350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26733]
=======================================================================
-----------------------------------------------------------------------
NATIONAL FOUNDATION FOR THE ARTS AND HUMANITIES
National Endowment for the Arts
45 CFR Parts 1149 and 1158
RIN 3135-AA33
Federal Civil Penalties Adjustments
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 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 finalizes the catch-up inflation
adjustment interim final rule required by the Inflation Adjustment Act.
DATES: Effective date: This rule is effective December 12, 2017.
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 June 15, 2017 the NEA issued an interim final rule entitled
``Implementing the Federal Civil Penalties Adjustment Act Improvements
Act of 2015'' (the IFR) to implement the required catch-up and annual
adjustments to the NEA's civil monetary penalties. (See 82 FR 27431)
This rule finalizes the catch-up adjustment interim final rule and
outlines the required annual adjustment of civil penalties in
accordance with the 2015 Act, as amended.
2. Overview of Final Rule
The 2015 Act requires agencies to: (1) Adjust the level of civil
monetary penalties with an initial ``catch-up'' adjustment through an
interim final rulemaking; and (2) make subsequent annual adjustments
for inflation. Inflation adjustments will be based on the percent
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 Office of Management and Budget has issued two memoranda,
providing guidance on implementing and calculating adjustments.\1\
---------------------------------------------------------------------------
\1\ OMB Memoranda M-16-06 and M-17-11.
---------------------------------------------------------------------------
In the IFR, the NEA identified two civil penalties in its
regulations that require adjustment: (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). The NEA received no comments in response to the
IFR and the proposed adjustments and therefore will continue to publish
subsequent annual adjustments in
[[Page 58349]]
accordance with the law or as directed by the Office of Management and
Budget.
3. Subsequent Annual Adjustments
The 2015 Act requires agencies to make annual adjustments to civil
penalty amounts no later than January 15 of each year following the
adjustments contained in this final rule. For subsequent annual
adjustments made in accordance with the 2015 Act, the amount of the
adjustment will have the same basis as the annual adjustments
previously described in the IFR (the percent increase between the CPI-U
for the month of October preceding the date of the adjustment and the
CPI-U for the October one year prior to the October immediately
preceding the date of the adjustment). If there is no increase, there
is no adjustment of civil penalties. Therefore, if the NEA adjusts
penalties in January 2018, the adjustment will be calculated based on
the percent change between the CPI-U for October 2017 (the October
immediately preceding the date of adjustment) and October 2016 (the
October one year prior to October 2017). The NEA will publish the
amount of these annual inflation adjustments in the Federal Register no
later than January 15 of each year.
4. Compliance
Administrative Procedure Act
Section 553 of the Administrative Procedure Act requires agencies
to provide an opportunity for notice and comment on rulemaking and also
requires agencies to delay a rule's effective date for 30 days
following the date of publication in the Federal Register unless an
agency finds good cause to forgo these requirements. However, section
4(b)(2) of the 2015 Act requires agencies to adjust civil monetary
penalties notwithstanding section 553 of the Administrative Procedure
Act (APA) and publish annual inflation adjustments in the Federal
Register. ``This means that the public procedure the APA generally
requires . . . is not required for agencies to issue regulations
implementing the annual adjustment.'' OMB Memorandum M-17-11.
Even if the 2015 Act did not except this rulemaking from section
553 of the APA, the NEA has good cause to dispense with notice and
comment. Section 553(b)(B), authorizes agencies to dispense with notice
and comment procedures for rulemaking if the agency finds good cause
that notice and comment are impracticable, unnecessary, or contrary to
public interest. The annual adjustments to civil penalties for
inflation and the method of calculating those adjustments are
established by section 5 of the FCPIAA, as amended, leaving no
discretion for the NEA. Accordingly, public comment would be
impracticable because the NEA would be unable to consider such comments
in the rulemaking process.
Regulatory Planning and Review (Executive Order 12866)
Executive Order 12866 (E.O. 12866) established a process for review
of rules by the Office of Information and Regulatory Affairs, which is
within the Office of Management and Budget (OMB). Only ``significant''
proposed and final rules are subject to review under this Executive
Order. ``Significant,'' as used in E.O. 12866, means ``economically
significant.'' It refers to rules with (1) an impact on the economy of
$100 million; or that (2) were inconsistent or interfered with an
action taken or planned by another agency; (3) materially altered the
budgetary impact of entitlements, grants, user fees, or loan programs;
or (4) raised novel legal or policy issues.
This final rule would not be a significant policy change and OMB
has not reviewed this final rule under E.O. 12866. We have made the
assessments required by E.O. 12866 and determined that this rule: (1)
Will not have an effect of $100 million or more on the economy; (2)
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; (3) will not create a
serious inconsistency or otherwise interfere with an action taken or
planned by another agency; (4) does not alter the budgetary effects of
entitlements, grants, user fees, or loan programs or the rights or
obligations of their recipients; and (5) does not raise novel legal or
policy issues.
Executive Order 13771
Executive Order 13771 section 5 requires that agencies, in most
circumstances, remove or rescind two regulations for every regulation
promulgated unless they request and are specifically exempted from that
order's requirements by the Director of the Office of Management and
Budget.
This rule is not subject to the requirements of Executive Order
13771 because this rule is not significant under Executive Order 12866.
Furthermore, the NEA has requested and has received an exemption from
the requirement that the agency rescind two regulations for every
regulation it promulgate from the Director of the Office of Management
and Budget.
Federalism (Executive Order 13132)
This rulemaking does not have Federalism implications, as set forth
in E.O. 13132. As used in this order, Federalism implications mean
``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.'' The NEA
has determined that this rulemaking will not have Federalism
implications within the meaning of E.O. 13132.
Civil Justice Reform (Executive Order 12988)
This rulemaking meets the applicable standards set forth in section
3(a) and 3(b)(2) of E.O. 12988. Specifically, this final rule is
written in clear language designed to help reduce litigation.
Indian Tribal Governments (Executive Order 13175)
Under the criteria in E.O. 13175, we have evaluated this final rule
and determined that it would have no potential effects on Federally
recognized Indian Tribes.
Takings (Executive Order 12630)
Under the criteria in E.O. 12630, this rulemaking does not have
significant takings implications. Therefore, a takings implication
assessment is not required.
Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b))
This rulemaking will not have a significant adverse impact on a
substantial number of small entities, including small businesses, small
governmental jurisdictions, or certain small not-for-profit
organizations.
Paperwork Reduction Act of 1995 (44 U.S.C., Chapter 35)
This rulemaking will not impose any ``information collection''
requirements under the Paperwork Reduction Act. Under the act,
information collection means the obtaining or disclosure of facts or
opinions by or for an agency by 10 or more nonfederal persons.
Unfunded Mandates Act of 1995 (Section 202, Pub. L. 104-4)
This rulemaking does not contain a Federal mandate that will result
in the expenditure by State, local, and tribal governments, in the
aggregate, or by the private sector of $100 million or more in any one
year.
[[Page 58350]]
National Environmental Policy Act of 1969 (5 U.S.C. 804)
The final rule will not have significant effect on the human
environment.
Small Business Regulatory Enforcement Fairness Act of 1996 (Sec. 804,
Pub. L. 104-121)
This final rule would not be a major rule as defined in section 804
of the Small Business Regulatory Enforcement Fairness Act of 1996. This
final rule will not result in an annual effect on the economy of
$100,000,000 or more, a major increase in costs or prices, significant
adverse effects on competition, employment, investment, productivity,
innovation, or on the ability of United States-based companies to
compete with foreign based companies in domestic and export markets.
E-Government Act of 2002 (44 U.S.C. 3504)
Section 206 of the E-Government Act requires agencies, to the
extent practicable, to ensure that all information about that agency
required to be published in the Federal Register is also published on a
publicly accessible Website. All information about the NEA required to
be published in the Federal Register may be accessed at www.arts.gov.
This Act also requires agencies to accept public comments on their
rules ``by electronic means.'' See heading ``Public Participation'' for
directions on electronic submission of public comments on this final
rule.
Finally, the E-Government Act requires, to the extent practicable,
that agencies ensure that a publicly accessible Federal Government
Website contains electronic dockets for rulemakings under the
Administrative Procedure Act of 1946 (5 U.S.C. 551 et seq.). Under this
Act, an electronic docket consists of all submissions under section
553(c) of title 5, United States Code; and all other materials that by
agency rule or practice are included in the rulemaking docket under
section 553(c) of title 5, United States Code, whether or not submitted
electronically. The Website https://www.regulations.gov contains
electronic dockets for the NEA's rulemakings under the Administrative
Procedure Act of 1946.
Plain Writing Act of 2010 (5 U.S.C. 301)
Under this Act, the term ``plain writing'' means writing that is
clear, concise, well-organized, and follows other best practices
appropriate to the subject or field and intended audience. To ensure
that this rule has been written in plain and clear language so that it
can be used and understood by the public, the NEA has modeled the
language of this rule on the Federal Plain Language Guidelines.
Public Participation
The NEA has written this final rule in compliance with E.O. 13563
by ensuring its accessibility, consistency, simplicity of language, and
overall comprehensibility. In addition, the public participation goals
of this order are also satisfied by the NEA's participation in a
process in which its views and information are made public to the
extent feasible, and before any decisions are actually made. This will
allow the public the opportunity to react to the comments, arguments,
and information of others during the rulemaking process. The NEA
initiates its participation in an open exchange by posting the
regulation and its rulemaking docket on https://www.regulations.gov.
Finally, Section 2 of E.O. 13563 directs agencies, where feasible
and appropriate, to seek the views of those who are likely to be
affected by rulemaking. This provision emphasizes the importance of
prior consultation with ``those who are likely to benefit from and
those who are potentially subject to such rulemaking.'' One goal is to
solicit ideas about alternatives, relevant costs and benefits (both
quantitative and qualitative), and potential flexibilities. The NEA
reaches out to interested and affected parties by soliciting comments.
List of Subjects in 45 CFR Parts 1149 and 1158
Administrative practice and procedure, Government contracts, Grant
programs, Loan programs, Lobbying, Penalties.
0
For the reasons stated in the preamble, the interim rule amending 45
CFR parts 1149 and 1158 which was published at 82 FR 27431 on June 15,
2017 is adopted as final without change.
Dated: December 7, 2017.
Jillian Miller,
Director of Guidelines and Panel Operations, Administrative Services,
National Endowment for the Arts.
[FR Doc. 2017-26733 Filed 12-11-17; 8:45 am]
BILLING CODE P
