83 FR 2070 - Secure Tests: Extension of Comment Period

LIBRARY OF CONGRESS
U.S. Copyright Office

Federal Register Volume 83, Issue 10 (January 16, 2018)

Page Range		2070-2071
FR Document		2018-00549

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.

Federal Register, Volume 83 Issue 10 (Tuesday, January 16, 2018)

[Federal Register Volume 83, Number 10 (Tuesday, January 16, 2018)]
[Rules and Regulations]
[Pages 2070-2071]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-00549]


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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.

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[[Page 2071]]

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 [email protected], [email protected], 
[email protected], and [email protected].

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.
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    \1\ 82 FR 26850 (June 12, 2017).
    \2\ 82 FR 52224 (Nov. 13, 2017).
    \3\ 82 FR 56890 (Dec. 1, 2017).

    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

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

being removed is outdated and required by the UMRA (2 U.S.C. 1531 et National Environmental Policy Act
unnecessary. seq.) is not required. (NEPA)
Small Business Regulatory Enforcement Takings (Executive Order 12630) This rule does not constitute a major
Fairness Act (SBREFA) Federal action significantly affecting the
This rule does not effect a taking of quality of the human environment. A
This rule is not a major rule under 5 private property or otherwise have detailed statement under the NEPA of
U.S.C. 804(2), the SBREFA. This rule: takings implications under Executive 1969 is not required. We have
(a) Does not have an annual effect on Order 12630. A takings implication determined the rule is categorically
the economy of $100 million or more; assessment is not required. excluded under 43 CFR 46.210(i)
(b) Will not cause a major increase in Federalism (Executive Order 13132) because it is administrative, legal, and
costs or prices for consumers, technical in nature. We also have
individual industries, Federal, State, or Under the criteria in section 1 of determined the rule does not involve
local government agencies, or Executive Order 13132, the rule does any of the extraordinary circumstances
geographic regions; not have sufficient federalism listed in 43 CFR 46.215 that would
(c) Does not have significant adverse implications to warrant the preparation require further analysis under NEPA.
effects on competition, employment, of a Federalism summary impact
investment, productivity, innovation, or statement. A Federalism summary Effects on the Energy Supply (Executive
the ability of U.S.-based enterprises to impact statement is not required. Order 13211)
compete with foreign-based enterprises. Civil Justice Reform (Executive Order This rule is not a significant energy
12988) action under the definition in Executive
Administrative Procedure Act (Notice of Order 13211. A Statement of Energy
Proposed Rulemaking) This rule complies with the Effects in not required.
We recognize that under 5 U.S.C. requirements of Executive Order 12988. Drafting Information: The primary
553(b) and (c) notice of proposed rules This rule: author of this regulation was Jay
ordinarily must be published in the (a) Meets the criteria of section 3(a) Calhoun, Regulations Program
Federal Register and the agency must requiring agencies to review all Specialist, National Park Service.
give interested parties an opportunity to regulations to eliminate errors and List of Subjects in 36 CFR Part 14
submit their views and comments. We ambiguity and write them to minimize
have determined under 5 U.S.C. 553(b) litigation; and Electric power, Highways and roads,
and 318 DM HB 5.3, however, that (b) Meets the criteria of section 3(b)(2) Public lands-rights-of-way.
notice and public comment for this rule requiring agencies to write all In consideration of the foregoing, the
are not required. We find good cause to regulations in clear language and National Park Service amends 36 CFR
treat notice and comment as contain clear legal standards. part 14 as follows:
unnecessary. As discussed above, the
Consultation With Indian Tribes PART 14—RIGHTS-OF-WAY
document entitled ‘‘Environmental
(Executive Order 13175 and Department
Criteria for Electric Transmission Lines’’ ■ 1. The authority citation for part 14 is
Policy)
is no longer used by the NPS to evaluate revised to read as follows:
applications for right-of-way permits for The Department of the Interior strives
Authority: 54 U.S.C. 100902; 23 U.S.C.
power transmission lines. The current to strengthen its government-to- 317.
reference in 36 CFR 14.78(b)(6)(ii) is government relationship with Indian
potentially confusing for right-of-way tribes through a commitment to § 14.78 [Amended]
applicants and its removal will simply consultation with Indian tribes and ■ 2. In § 14.78, remove and reserve
reflect how the NPS currently processes recognition of their right to self- paragraph (b)(6)(ii).
applications. This correction will not governance and tribal sovereignty. We
benefit from public comment, and have evaluated this rule under the Jason Larrabee,
further delaying it is contrary to the Department’s consultation policy and Principal Deputy Assistant Secretary for Fish
public interest. under the criteria in Executive Order and Wildlife and Parks, exercising the
We also recognize that rules 13175 and have determined it has no authority of the Assistant Secretary for Fish
and Wildlife and Parks.
ordinarily do not become effective until substantial direct effects on federally
at least 30 days after their publication in recognized Indian tribes and [FR Doc. 2018–00516 Filed 1–12–18; 8:45 am]
the Federal Register. We have consultation under the Department’s BILLING CODE 4310–EJ–P

determined, however, that good cause tribal consultation policy is not
exists for all the rule to be effective required.
immediately upon publication for the LIBRARY OF CONGRESS
Paperwork Reduction Act (PRA) (44
reasons stated above.
U.S.C. 3501 et seq.) U.S. Copyright Office
Unfunded Mandates Reform Act
This rule does not contain new
(UMRA) 37 CFR Parts 201 and 202
collections of information that require
This rule does not impose an approval by the Office of Management [Docket No. 2017–8]
unfunded mandate on State, local, or and Budget under the PRA. The rule
tribal governments or the private sector does not impose new recordkeeping or Secure Tests: Extension of Comment
of more than $100 million per year. The reporting requirements on State, tribal, Period
daltland on DSKBBV9HB2PROD with RULES

rule does not have a significant or or local governments; individuals; AGENCY: U.S. Copyright Office, Library
unique effect on State, local or tribal businesses; or organizations. We may of Congress.
governments or the private sector. This not conduct or sponsor and you are not
ACTION: Interim rule with request for
rule does not impose requirements on required to respond to a collection of
comments; extension of comment
other agencies or governments. A information unless it displays a
period.
statement containing the information currently valid OMB control number.

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Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Rules and Regulations 2071

SUMMARY: The U.S. Copyright Office is extending the submission deadline by Act’’, implementing the 2015 Act
further extending the deadline for the an additional sixty days. Written (section 701 of Pub. L. 114–74), which
submission of written comments in comments now are due no later than amended the Inflation Adjustment Act
response to its June 12, 2017 and April 2, 2018. (28 U.S.C. 2461 note) requiring catch-up
November 13, 2017 interim rules, Dated: January 9, 2018. and annual adjustments to the NEA’s
regarding changes to the special Sarang V. Damle,
CMPs. The 2015 Act requires agencies
procedure for examining secure tests, make annual adjustments to its CMPs
General Counsel and Associate Register of
and the creation of a new group for inflation.
Copyrights.
registration option for secure tests, A CMP is defined in the Inflation
[FR Doc. 2018–00549 Filed 1–12–18; 8:45 am]
respectively. Adjustment Act as any penalty, fine, or
BILLING CODE 1410–30–P
DATES: The comment period for the other sanction that is (1) for a specific
interim rules, published on June 12, monetary amount as provided by
2017 (82 FR 26850), and November 13, Federal law, or has a maximum amount
NATIONAL FOUNDATION FOR THE
2017 (82 FR 52224), is extended by an provided for by Federal law; (2)
ARTS AND HUMANITIES
additional sixty days. Comments must assessed or enforced by an agency
be made in writing and must be National Endowment for the Arts pursuant to Federal law; and (3)
received in the U.S. Copyright Office no assessed or enforced pursuant to an
later than April 2, 2018. 45 CFR Parts 1149 and 1158 administrative proceeding or a civil
ADDRESSES: For reasons of government action in the Federal courts.
efficiency, the Copyright Office is using RIN 3135–AA33
These annual inflation adjustments
the regulations.gov system for the are based on the percentage change in
Civil Penalties Adjustment for 2018
submission and posting of public the Consumer Price Index for all Urban
comments in this proceeding. All AGENCY: National Endowment for the Consumers (CPI–U) for the month of
comments are therefore to be submitted Arts, National Foundation for the Arts October preceding the date of the
electronically through regulations.gov. and Humanities. adjustment, relative to the October CPI–
Specific instructions for submitting ACTION: Final rule. U in the year of the previous
comments are available on the adjustment. The formula for the amount
Copyright Office website at https:// SUMMARY: The National Endowment for
the Arts (NEA) is adjusting the of a CMP inflation adjustment is
www.copyright.gov/rulemaking/ prescribed by law, as explained in OMB
securetests/. If electronic submission of maximum civil monetary penalties
(CMPs) that may be imposed for Memorandum M–16–06 (February 24,
comments is not feasible due to lack of 2016), and therefore the amount of the
access to a computer and/or the violations of the Program Fraud Civil
Remedies Act (PFCRA) and the NEA’s adjustment is not subject to the exercise
internet, please contact the Office for
Restrictions on Lobbying to reflect the of discretion by the Chairman of the
special instructions using the contact
requirements of the Federal Civil National Endowment for the Arts
information below.
Penalties Inflation Adjustment Act (Chairman).
FOR FURTHER INFORMATION CONTACT:
Robert J. Kasunic, Associate Register of Improvements Act of 2015 (the 2015 The Office of Management and Budget
Copyrights and Director of Registration Act). The 2015 Act further amended the has issued guidance on implementing
Policy and Practice; Sarang Vijay Damle, Federal Civil Penalties Inflation and calculating the 2018 adjustment
General Counsel and Associate Register Adjustment Act of 1990 (the Inflation under the 2015 Act.1 Per this guidance,
of Copyrights; Erik Bertin, Deputy Adjustment Act) to improve the the CPI–U adjustment multiplier for this
Director of Registration Policy and effectiveness of civil monetary penalties annual adjustment in 1.02041. In its
Practice; or Kevin R. Amer, Senior and to maintain their deterrent effect. prior rules, the NEA identified two civil
Counsel for Policy and International This final rule provides the 2018 annual penalties which require adjustment: The
Affairs, by telephone at 202–707–8040 inflation adjustments to the initial penalty for false statements under the
or by email at rkas@loc.gov, sdam@ ‘‘catch-up’’ adjustments made on June PFCRA and the penalty for violations of
loc.gov, ebertin@loc.gov, and kamer@ 15, 2017. the NEA’s Restrictions on Lobbying. The
loc.gov. DATES: Effective date: This rule is NEA adjusts the amount of those CMPs
effective January 15, 2018. Applicability amount accordingly.
SUPPLEMENTARY INFORMATION: On June
12, 2017, the U.S. Copyright Office date: The adjusted civil monetary 2. Effective Dates
issued an interim rule memorializing its penalties established by this rule are
special procedures for examining secure applicable only to civil penalties The inflation adjustments contained
texts.1 On November 13, 2017, the assessed after January 15, 2018. in this rule shall apply to any violations
Office issued an additional interim rule FOR FURTHER INFORMATION CONTACT: assessed after January 15, 2018, the
establishing a new group registration Aswathi Zachariah, Assistant General effective date of this rule.
option for secure test questions.2 The Counsel, National Endowment for the 3. Adjustments
Office invited public comment on each Arts, 400 7th St., SW, Washington, DC
of these interim rules, and previously 20506, Telephone: 202–682–5418. Two civil penalties in NEA
extended its initial deadline for the SUPPLEMENTARY INFORMATION: regulations require adjustment in
submission of written comments.3 To accordance with the 2015 Act: (1) The
1. Background penalty associated with Restrictions on
ensure that members of the public have
On December 12, 2017 the NEA
daltland on DSKBBV9HB2PROD with RULES

sufficient time to respond, and to ensure Lobbying (45 CFR 1158.400; 45 CFR part
that the Office has the benefit of a issued a final rule entitled ‘‘Federal 1158, app. A) and (2) the penalty
complete record, the Office is further Civil Penalties Adjustments’’ which associated with the Program Fraud Civil
finalized the NEA’s June 15, 2017 Remedies Act (45 CFR 1149.9).
1 82 FR 26850 (June 12, 2017). interim final rule entitled
2 82 FR 52224 (Nov. 13, 2017). ‘‘Implementing the Federal Civil 1 OMB Memorandum M–18–03 (December 15,
3 82 FR 56890 (Dec. 1, 2017). Penalties Adjustment Act Improvements 2017).

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Document Created: 2018-01-13 02:02:58
Document Modified: 2018-01-13 02:02:58

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Interim rule with request for comments; extension of comment period.
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.
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 [email protected], [email protected], [email protected], and [email protected]
FR Citation		83 FR 2070
CFR Citation		37 CFR 201 37 CFR 202

83 FR 2070 - Secure Tests: Extension of Comment Period

LIBRARY OF CONGRESSU.S. Copyright Office

Federal Register Volume 83, Issue 10 (January 16, 2018)

LIBRARY OF CONGRESS
U.S. Copyright Office