81 FR 31873 - Protection of Archaeological Resources
TENNESSEE VALLEY AUTHORITY Federal Register Volume 81, Issue 98 (May 20, 2016)
Federal Register Volume 81, Issue 98 (May 20, 2016)
| Page Range | 31873-31875 | |
| FR Document | 2016-11688 |
[Federal Register Volume 81, Number 98 (Friday, May 20, 2016)] [Proposed Rules] [Pages 31873-31875] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-11688] ======================================================================= ----------------------------------------------------------------------- TENNESSEE VALLEY AUTHORITY 18 CFR Part 1312 Protection of Archaeological Resources AGENCY: Tennessee Valley Authority. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Tennessee Valley Authority (TVA) proposes to amend its regulations for the protection of archaeological resources by providing for the issuance of petty offense citations for violations of the Archaeological Resources Protection Act (ARPA) and the Antiquities Act of 1906 (AA). Amending the regulations such that TVA law enforcement agents are authorized to issue citations will help prevent loss and destruction of these resources resulting from unlawful excavations and pillage. DATES: Written comments must be received on or before June 20, 2016. ADDRESSES: You may submit comments by any of the following methods:Mail/Hand Delivery: Ralph E. Majors, Supervisor, Investigation Unit, TVA Police & Emergency Management, Tennessee Valley Authority, 400 West Summit Hill Drive, WT 2D-K, Knoxville, Tennessee 37902-1401. Email: [email protected]. FOR FURTHER INFORMATION CONTACT: Ralph E. Majors, 865-632-4176. SUPPLEMENTARY INFORMATION: I. Legal Authority These proposed amendments are promulgated under the authority of the TVA Act, as amended, 16 U.S.C. 831-831ee, the Archaeological Resources Protection Act, 16 U.S.C. 470aa-470mm, and the Antiquities Act of 1906, 16 U.S.C.431, 432 & 433. II. Background and Proposed Amendments This proposed rule amends TVA's regulations implementing the Archaeological Resources Protection Act of 1979 (Pub. L. 96-95, as amended by Pub. L. 100-555, Pub. L. 100-588; 93 Stat. 721; 102 Stat. 2983; 16 U.S.C. 470aa-mm) to provide for the issuance of petty offense citations by TVA's law enforcement agents for violations of ARPA or AA. Section 10(a) of ARPA requires the Departments of Interior, Agriculture and Defense and the Tennessee Valley Authority to promulgate such uniform rules and regulations as may be necessary to carry out the purposes of ARPA. The first purpose of ARPA is ``to secure, for the present and future benefit of the American people, the protection of archaeological resources and sites which are on public lands and Indian lands.'' 16 U.S.C. 470aa(b). The uniform regulations for ARPA originally were published on January 6, 1984 to implement the Act of 1979. The uniform regulations were then revised on January 26, 1995 to incorporate the amendments to ARPA promulgated by Congress in 1988. Section 10(b) of ARPA requires each Federal land manager (FLM) to promulgate such regulations, consistent with the uniform regulations under Section 10(a), as may be appropriate for the carrying out of the FLM's functions and authorities under the Act. Thus, Section 10(b) allows individual Federal agencies to tailor the uniform regulations to suit their own particular needs with a view to effectively implementing the authorities under the Act. TVA has adopted the uniform regulations as its own. See 18 CFR part 1312 (1984 and 1995). This proposed rule amends TVA's ARPA regulations by enabling TVA's law enforcement agents to issue petty offense citations for [[Page 31874]] violations of ARPA \1\ or AA \2\ occurring on lands owned by the United States that are entrusted to TVA.\3\ The issuance of such petty offense citations would be consistent with the authority granted to TVA's law enforcement agents under the TVA Act, and advance the effective prosecution of violations of ARPA and AA. --------------------------------------------------------------------------- \1\ The prohibitions under ARPA are set out in Sections 6(a), 6(b) and 6(c) of the Act. See 16 U.S.C. 470ee(a), (b) & (c). Any violation of these prohibitions is subject to the criminal sanctions prescribed in Section 6(d). See 16 U.S.C. 470ee(d). TVA's regulations implementing ARPA replicate these prohibitions and criminal sanctions. See 18 CFR 1312.4. \2\ The AA prohibits, among other things, the excavation, destruction or appropriation of an object of antiquity situated on federal lands without the permission of the head of the agency having jurisdiction over those lands. See 16 U.S.C. 433. Any violation of these provisions is subject to criminal sanctions. Id. \3\ Under Section 21(a) of the TVA Act, ``[a]ll general penal statutes relating to larceny, embezzlement, conversion, or to the improper handling, retention, use or disposal of--property of the United States, shall apply to the--property of the Corporation and to--properties of the United States entrusted to the Corporation.'' 16 U.S.C. 831t(a) (emphasis added). --------------------------------------------------------------------------- Under the TVA Act, the TVA Board of Directors ``may designate employees of the Corporation to act as law enforcement agents'' to ``make arrests without warrant for any offense against the United States committed in the agent's presence'' that occurs ``on any lands or facilities owned or leased by the Corporation.'' See 16 U.S.C. 831c- 3. Based on this authority, the proposed rule amends TVA's regulations for protection of archaeological resources to authorize certain TVA law enforcement agents to issue petty offense citations for the violation of any provision of 16 U.S.C. 470ee or 16 U.S.C. 433. Those TVA law enforcement agents that are designated by the Director of TVA Police and Emergency Management for the purpose of conducting archaeological investigations shall have the authority to issue petty offense citations for ARPA or AA violations committed in the agent's presence on lands owned by the United States that are entrusted to TVA. For any such petty offense committed on lands entrusted to TVA, the citation may be issued at the site of the offense, or on non-TVA land (a) when the person committing the offense is in the process of fleeing the site of the offense to avoid arrest, or (b) to protect the archaeological artifacts involved in the commission of the offense.\4\ The citation will require the person charged with the violation to appear before a United States Magistrate Judge within whose jurisdiction the affected archaeological resource is located.\5\ --------------------------------------------------------------------------- \4\ See 16 U.S.C. 831c-3(c)(2) (authorizing TVA's law enforcement agents to exercise their law enforcement duties and powers on non-TVA lands (1) when the person to be arrested is in the process of fleeing to avoid arrest or (2) in conjunction with the protection of TVA property.) \5\ Section 3401 of Title 18, United States Code, provides that ``any United States magistrate judge shall have jurisdiction to try persons accused of, and sentence persons convicted of, misdemeanors committed within that judicial district.'' 18 U.S.C. 3401(a). --------------------------------------------------------------------------- III. Administrative Requirements A. Unfunded Mandates Reform Act and Various Executive Orders Including E.O. 12866, Regulatory Planning and Review; E.O. 12898, Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations; E.O. 13045, Protection of Children From Environmental Health Risks; E.O. 13132, Federalism; E.O. 13175, Consultation and Coordination With Indian Tribal Governments; and E.O. 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, and Use; E.O. 12988, Civil Justice Reform Act This proposal would amend TVA's regulations for the protection of archaeological resources by providing for issuance of petty offense citations by TVA's law enforcement agents for violations of ARPA or AA. This proposal is not subject to Office of Management and Budget Review under Executive Order 12866. The proposal contains no Federal mandates for State, local, or tribal government or for the private sector. TVA has determined that these proposed amendments will not have a significant annual effect of $100 million or more or result in expenditures of $100 million in any one year by State, local, or tribal governments or by the private sector. Nor will the proposal have concerns for environmental health or safety risks that may disproportionately affect children, have significant effect on the supply, distribution, or use of energy, or disproportionally impact low-income or minority populations. Accordingly, the proposal has no implications for any of the referenced authorities. TVA will continue to appropriately review specific requests in accordance with applicable laws, regulations, and Executive Orders. B. Regulatory Flexibility Act Under the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., TVA is required to prepare a regulatory flexibility analysis unless the head of the agency certifies that the proposal will not have a significant economic impact on a substantial number of small entities. TVA's Chief Executive Officer has certified that this proposal will not have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act. This determination is based on the finding that the proposed amendments are directed toward Federal resource management to help prevent loss or destruction of archaeological resources, with no economic impact on the public. C. Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) This rule does not contain information collection requirements that require approval by OMB under the Paperwork Reduction Act. List of Subjects in 18 CFR Part 1312 Administrative practice and procedure, Historic Preservation, Indians--lands, Penalties, Public lands, Reporting and recordkeeping requirements. For the reasons set out in the preamble, we propose to amend 18 CFR part 1312 as follows: PART 1312--PROTECTION OF ARCHAEOLOGICAL RESOURCES: UNIFORM REGULATIONS 0 1. The authority citation for part 1312 is revised to read as follows: Authority: Pub. L. 96-95, 93 Stat. 721, amended, 102 Stat. 2983 (16 U.S.C. 470aa-mm)(Sec. 10(a) &(b)); Tennessee Valley Authority Act of 1933, as amended, 16 U.S.C. 831-831ee (2012). Related Authority: Pub. L. 59-209, 34 Stat. 225 (16 U.S.C. 432, 433); Pub. L. 86-523, 74 Stat. 220, 221 (16 U.S.C. 469), as amended, 88 Stat. 174 (1974); Pub. L. 89-665, 80 Stat. 915 (16 U.S.C. 470a-t), as amended, 84 Stat. 204 (1970), 87 Stat. 139 (1973), 90 Stat. 1320 (1976), 92 Stat. 3467 (1978), 94 Stat. 2987 (1980); Pub. L. 95-341, 92 Stat. 469 (42 U.S.C. 1996); 0 2. Amend Sec. 1312.1 by adding a sentence at the end of paragraph (a) to read as follows: Sec. 1312.1 Purpose (a) * * * These regulations also enable TVA's law enforcement agents to issue petty offense citations for violations of any provision of 16 U.S.C. 470ee or 16 U.S.C. 433. * * * * * 0 3. Amend Sec. 1312.2 by adding paragraph (c) to read as follows: Sec. 1312.2 Authority (c) Provisions pertaining to the issuance of petty offense citations are based on the duties and powers assigned to TVA's law enforcement agents under 16 U.S.C. 831-831ee. [[Page 31875]] 0 4. Amend Sec. 1312.3 by adding paragraph (j) to read as follows: Sec. 1312.3 Definitions (j) ``Director'' means the Director of TVA Police and Emergency Management assigned the function and responsibility of supervising TVA employees designated as law enforcement agents under 16 U.S.C. 831c- 3(a). 0 5. Add Sec. 1312.22, shown below, to Part 1312 to read as follows: Sec. 1312.22 Issuance of Citations for Petty Offenses Any person who violates any provision contained in 16 U.S.C. 470ee or 16 U.S.C. 433 in the presence of a TVA law enforcement agent may be tried and sentenced in accordance with the provisions of section 3401 of Title 18, United States Code. Law enforcement agents designated by the Director for that purpose shall have the authority to issue a petty offense citation for any such violation, requiring any person charged with the violation to appear before a United States Magistrate Judge within whose jurisdiction the archaeological resource impacted by the violation is located. The term ``petty offense'' has the same meaning given that term under section 19 of Title 8, United States Code. Dated: May 10, 2016. Rebecca C. Tolene, Deputy General Counsel and Vice President, Natural Resources. [FR Doc. 2016-11688 Filed 5-19-16; 8:45 am] BILLING CODE 8120-08-P
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Dodd-Frank Wall Street Reform and $25 multiplied by the number of • Email: remajors@tva.gov.
Consumer Protection Act (Dodd-Frank appraisers who have performed an
FOR FURTHER INFORMATION CONTACT:
Act) (Pub. L. 111–203, 124 Stat. 1376 appraisal for the AMC in connection
(2010)), 12 U.S.C. 3335, 3338 (a)(4)(B)). with a covered transaction in such State Ralph E. Majors, 865–632–4176.
(b) Purpose. The purpose of this since the AMC commenced doing SUPPLEMENTARY INFORMATION:
subpart is to implement section 1109 business.
(a)(4)(B) of Title XI, 12 U.S.C. 3338. I. Legal Authority
(c) Scope. This subpart applies to § 1102.403 Collection and transmission of
annual AMC registry fees. These proposed amendments are
States that elect to register and
(a) Collection of annual AMC registry promulgated under the authority of the
supervise appraisal management
fees. States that elect to register and TVA Act, as amended, 16 U.S.C. 831–
companies pursuant to 12 U.S.C. 3353
and the regulations promulgated supervise AMCs pursuant to the AMC 831ee, the Archaeological Resources
thereunder. Rule shall collect an annual registry fee Protection Act, 16 U.S.C. 470aa–470mm,
as established in § 1102.402 (a) from and the Antiquities Act of 1906, 16
§ 1102.401 Definitions. AMCs eligible to be on the AMC U.S.C.431, 432 & 433.
For purposes of this subpart: Registry.
(a) AMC Registry means the national (b) Transmission of annual AMC II. Background and Proposed
registry maintained by the ASC of those registry fee. States that elect to register Amendments
AMCs that meet the Federal definition and supervise AMCs pursuant to the
This proposed rule amends TVA’s
of AMC, as defined in 12 U.S.C. AMC Rule shall transmit AMC registry
fees as established in § 1102.402 (a) to regulations implementing the
3350(11), are registered by a State or are Archaeological Resources Protection Act
Federally regulated, and have paid the the ASC on an annual basis. Only those
AMCs whose registry fees have been of 1979 (Pub. L. 96–95, as amended by
annual AMC registry fee.
transmitted to the ASC will be eligible Pub. L. 100–555, Pub. L. 100–588; 93
(b) AMC Rule means the interagency
final rule on minimum requirements for to be on the AMC Registry for the 12- Stat. 721; 102 Stat. 2983; 16 U.S.C.
AMCs, 12 CFR 34.210–34.216; 12 CFR month period subsequent to payment of 470aa–mm) to provide for the issuance
225.190–225.196; 12 CFR 323.8 –323.14; the fee. of petty offense citations by TVA’s law
12 CFR 1222.20–1222.26 (2015). By the Appraisal Subcommittee.
enforcement agents for violations of
(c) ASC means the Appraisal ARPA or AA.
Dated: May 16, 2016.
Subcommittee of the Federal Financial James R. Park, Section 10(a) of ARPA requires the
Institutions Examination Council Executive Director. Departments of Interior, Agriculture and
established under section 1102 (12 Defense and the Tennessee Valley
[FR Doc. 2016–11914 Filed 5–19–16; 8:45 am]
U.S.C. 3310) as it amended the Federal Authority to promulgate such uniform
BILLING CODE P
Financial Institutions Examination rules and regulations as may be
Council Act of 1978 (12 U.S.C. 3301 et necessary to carry out the purposes of
seq.) by adding section 1011. ARPA. The first purpose of ARPA is ‘‘to
(d) Performance of an appraisal TENNESSEE VALLEY AUTHORITY
secure, for the present and future benefit
means the appraisal service requested of 18 CFR Part 1312 of the American people, the protection
an appraiser by the AMC was provided
of archaeological resources and sites
to the AMC. Protection of Archaeological which are on public lands and Indian
(e) State means any State, the District Resources
of Columbia, the Commonwealth of lands.’’ 16 U.S.C. 470aa(b). The uniform
Puerto Rico, the Commonwealth of the AGENCY: Tennessee Valley Authority. regulations for ARPA originally were
Northern Mariana Islands, Guam, the ACTION: Proposed rule. published on January 6, 1984 to
United States Virgin Islands, and implement the Act of 1979. The uniform
SUMMARY: The Tennessee Valley regulations were then revised on
American Samoa.
(f) Terms incorporated by reference. Authority (TVA) proposes to amend its January 26, 1995 to incorporate the
Definitions of: Appraisal management regulations for the protection of amendments to ARPA promulgated by
company (AMC); appraisal management archaeological resources by providing Congress in 1988.
services; appraisal panel; consumer for the issuance of petty offense
citations for violations of the Section 10(b) of ARPA requires each
credit; covered transaction; dwelling; Federal land manager (FLM) to
Federally regulated AMC are Archaeological Resources Protection Act
(ARPA) and the Antiquities Act of 1906 promulgate such regulations, consistent
incorporated from the AMC Rule by with the uniform regulations under
reference. (AA). Amending the regulations such
that TVA law enforcement agents are Section 10(a), as may be appropriate for
§ 1102.402 Annual AMC registry fee. authorized to issue citations will help the carrying out of the FLM’s functions
The annual AMC registry fee to be prevent loss and destruction of these and authorities under the Act. Thus,
applied by States that elect to register resources resulting from unlawful Section 10(b) allows individual Federal
and supervise AMCs is established as excavations and pillage. agencies to tailor the uniform
follows: DATES: Written comments must be regulations to suit their own particular
(a) In the case of an AMC that has received on or before June 20, 2016. needs with a view to effectively
mstockstill on DSK3G9T082PROD with PROPOSALS
been in existence for more than a year, ADDRESSES: You may submit comments implementing the authorities under the
$25 multiplied by the number of by any of the following methods: Act. TVA has adopted the uniform
appraisers who have performed an • Mail/Hand Delivery: Ralph E. regulations as its own. See 18 CFR part
appraisal for the AMC in connection Majors, Supervisor, Investigation Unit, 1312 (1984 and 1995). This proposed
with a covered transaction in such State TVA Police & Emergency Management, rule amends TVA’s ARPA regulations
during the previous year; and Tennessee Valley Authority, 400 West by enabling TVA’s law enforcement
(b) In the case of an AMC that has not Summit Hill Drive, WT 2D–K, agents to issue petty offense citations for
been in existence for more than a year, Knoxville, Tennessee 37902–1401.
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violations of ARPA 1 or AA 2 occurring will require the person charged with the TVA’s Chief Executive Officer has
on lands owned by the United States violation to appear before a United certified that this proposal will not have
that are entrusted to TVA.3 The issuance States Magistrate Judge within whose a significant economic impact on a
of such petty offense citations would be jurisdiction the affected archaeological substantial number of small entities
consistent with the authority granted to resource is located.5 within the meaning of the Regulatory
TVA’s law enforcement agents under Flexibility Act. This determination is
the TVA Act, and advance the effective III. Administrative Requirements
based on the finding that the proposed
prosecution of violations of ARPA and A. Unfunded Mandates Reform Act and amendments are directed toward
AA. Various Executive Orders Including E.O. Federal resource management to help
Under the TVA Act, the TVA Board 12866, Regulatory Planning and Review; prevent loss or destruction of
of Directors ‘‘may designate employees E.O. 12898, Federal Actions To Address archaeological resources, with no
of the Corporation to act as law Environmental Justice in Minority economic impact on the public.
enforcement agents’’ to ‘‘make arrests Populations and Low-Income
without warrant for any offense against C. Paperwork Reduction Act of 1995 (44
Populations; E.O. 13045, Protection of
the United States committed in the U.S.C. 3501 et seq.)
Children From Environmental Health
agent’s presence’’ that occurs ‘‘on any Risks; E.O. 13132, Federalism; E.O. This rule does not contain
lands or facilities owned or leased by 13175, Consultation and Coordination information collection requirements that
the Corporation.’’ See 16 U.S.C. 831c–3. With Indian Tribal Governments; and require approval by OMB under the
Based on this authority, the proposed E.O. 13211, Actions Concerning Paperwork Reduction Act.
rule amends TVA’s regulations for Regulations That Significantly Affect
protection of archaeological resources to List of Subjects in 18 CFR Part 1312
Energy Supply, Distribution, and Use;
authorize certain TVA law enforcement E.O. 12988, Civil Justice Reform Act Administrative practice and
agents to issue petty offense citations for procedure, Historic Preservation,
the violation of any provision of 16 This proposal would amend TVA’s
Indians—lands, Penalties, Public lands,
U.S.C. 470ee or 16 U.S.C. 433. Those regulations for the protection of
Reporting and recordkeeping
TVA law enforcement agents that are archaeological resources by providing
requirements.
designated by the Director of TVA for issuance of petty offense citations by
TVA’s law enforcement agents for For the reasons set out in the
Police and Emergency Management for
violations of ARPA or AA. This preamble, we propose to amend 18 CFR
the purpose of conducting
proposal is not subject to Office of part 1312 as follows:
archaeological investigations shall have
the authority to issue petty offense Management and Budget Review under
PART 1312—PROTECTION OF
citations for ARPA or AA violations Executive Order 12866. The proposal
ARCHAEOLOGICAL RESOURCES:
committed in the agent’s presence on contains no Federal mandates for State,
UNIFORM REGULATIONS
lands owned by the United States that local, or tribal government or for the
are entrusted to TVA. For any such private sector. TVA has determined that ■ 1. The authority citation for part 1312
petty offense committed on lands these proposed amendments will not is revised to read as follows:
entrusted to TVA, the citation may be have a significant annual effect of $100
million or more or result in Authority: Pub. L. 96–95, 93 Stat. 721,
issued at the site of the offense, or on amended, 102 Stat. 2983 (16 U.S.C. 470aa–
non-TVA land (a) when the person expenditures of $100 million in any one
mm)(Sec. 10(a) &(b)); Tennessee Valley
committing the offense is in the process year by State, local, or tribal Authority Act of 1933, as amended, 16 U.S.C.
of fleeing the site of the offense to avoid governments or by the private sector. 831–831ee (2012). Related Authority: Pub. L.
arrest, or (b) to protect the Nor will the proposal have concerns for 59–209, 34 Stat. 225 (16 U.S.C. 432, 433);
archaeological artifacts involved in the environmental health or safety risks that Pub. L. 86–523, 74 Stat. 220, 221 (16 U.S.C.
commission of the offense.4 The citation may disproportionately affect children, 469), as amended, 88 Stat. 174 (1974); Pub.
have significant effect on the supply, L. 89–665, 80 Stat. 915 (16 U.S.C. 470a–t), as
1 The prohibitions under ARPA are set out in distribution, or use of energy, or amended, 84 Stat. 204 (1970), 87 Stat. 139
Sections 6(a), 6(b) and 6(c) of the Act. See 16 U.S.C. disproportionally impact low-income or (1973), 90 Stat. 1320 (1976), 92 Stat. 3467
470ee(a), (b) & (c). Any violation of these (1978), 94 Stat. 2987 (1980); Pub. L. 95–341,
minority populations. Accordingly, the
prohibitions is subject to the criminal sanctions 92 Stat. 469 (42 U.S.C. 1996);
prescribed in Section 6(d). See 16 U.S.C. 470ee(d). proposal has no implications for any of
TVA’s regulations implementing ARPA replicate the referenced authorities. TVA will ■ 2. Amend § 1312.1 by adding a
these prohibitions and criminal sanctions. See 18 continue to appropriately review sentence at the end of paragraph (a) to
CFR 1312.4. specific requests in accordance with read as follows:
2 The AA prohibits, among other things, the
excavation, destruction or appropriation of an
applicable laws, regulations, and
§ 1312.1 Purpose
object of antiquity situated on federal lands without Executive Orders.
the permission of the head of the agency having (a) * * * These regulations also
jurisdiction over those lands. See 16 U.S.C. 433. B. Regulatory Flexibility Act enable TVA’s law enforcement agents to
Any violation of these provisions is subject to Under the Regulatory Flexibility Act, issue petty offense citations for
criminal sanctions. Id. violations of any provision of 16 U.S.C.
3 Under Section 21(a) of the TVA Act, ‘‘[a]ll 5 U.S.C. 601 et seq., TVA is required to
general penal statutes relating to larceny, prepare a regulatory flexibility analysis 470ee or 16 U.S.C. 433.
embezzlement, conversion, or to the improper unless the head of the agency certifies * * * * *
handling, retention, use or disposal of—property of that the proposal will not have a ■ 3. Amend § 1312.2 by adding
mstockstill on DSK3G9T082PROD with PROPOSALS
the United States, shall apply to the—property of
the Corporation and to—properties of the United
significant economic impact on a paragraph (c) to read as follows:
States entrusted to the Corporation.’’ 16 U.S.C. substantial number of small entities.
831t(a) (emphasis added). § 1312.2 Authority
4 See 16 U.S.C. 831c–3(c)(2) (authorizing TVA’s 5 Section 3401 of Title 18, United States Code, (c) Provisions pertaining to the
law enforcement agents to exercise their law provides that ‘‘any United States magistrate judge issuance of petty offense citations are
enforcement duties and powers on non-TVA lands shall have jurisdiction to try persons accused of,
(1) when the person to be arrested is in the process and sentence persons convicted of, misdemeanors
based on the duties and powers
of fleeing to avoid arrest or (2) in conjunction with committed within that judicial district.’’ 18 U.S.C. assigned to TVA’s law enforcement
the protection of TVA property.) 3401(a). agents under 16 U.S.C. 831–831ee.
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■ 4. Amend § 1312.3 by adding seeking comments from parties. This Court),1 the Department does not
paragraph (j) to read as follows: modification, if adopted, is intended to currently limit the length of such briefs.
establish word limits for submission of As a result, submissions may contain
§ 1312.3 Definitions case and rebuttal briefs. This action is lengthy or duplicative arguments in
(j) ‘‘Director’’ means the Director of necessary to streamline the process antidumping and countervailing duty
TVA Police and Emergency contained in the current regulation, to proceedings. The review and
Management assigned the function and better align with current Department summarization of these lengthy
responsibility of supervising TVA practices and to reduce the strain on submissions consumes considerable
employees designated as law resources. resources. To reduce the strain on
enforcement agents under 16 U.S.C. DATES: To be assured of consideration, limited resources and streamline the
831c–3(a). written comments must be received no process, the Department proposes
■ 5. Add § 1312.22, shown below, to amending 19 CFR 351.309 to impose
later than June 20, 2016.
Part 1312 to read as follows: word limits on case and rebuttal briefs.
ADDRESSES: All comments must be
The proposed revision would set forth
§ 1312.22 Issuance of Citations for Petty submitted through the Federal
a limit of 25,000 words in total for each
Offenses eRulemaking Portal at http://
party’s case and rebuttal briefs. A party
Any person who violates any www.regulations.gov, Docket No. ITA–
may decide on the number of words it
provision contained in 16 U.S.C. 470ee 2016–0001, unless the commenter does
chooses to allocate among its case brief
or 16 U.S.C. 433 in the presence of a not have access to the Internet.
and rebuttal brief, but the combined
TVA law enforcement agent may be Commenters that do not have access to
total between the two shall not exceed
tried and sentenced in accordance with the internet may submit the original and
25,000 words. Each case brief must
the provisions of section 3401 of Title one electronic copy of each set of
contain a certification by the filing party
18, United States Code. Law comments by mail or hand delivery/
or its representative, indicating the
enforcement agents designated by the courier. All comments should be
number of words used in the brief, and
Director for that purpose shall have the addressed to Paul Piquado, Assistant
the number of unused words remaining
authority to issue a petty offense Secretary for Enforcement &
for the rebuttal brief. Each rebuttal brief
citation for any such violation, requiring Compliance, Room 1870, Department of
must contain a certification by the filing
any person charged with the violation to Commerce, 14th Street and Constitution
party or its representative indicating the
appear before a United States Magistrate Ave. NW., Washington, DC 20230.
number of words used and that the total
Judge within whose jurisdiction the Comments submitted to the Department
combined word limit of 25,000 words
archaeological resource impacted by the will be uploaded to the eRulemaking
has not been exceeded. The word limit
violation is located. The term ‘‘petty Portal at www.Regulations.gov.
will include all attachments, headings,
offense’’ has the same meaning given The Department will consider all
footnotes, endnotes, and quotations
that term under section 19 of Title 8, comments received before the close of
used in the document; it will not
United States Code. the comment period. All comments
include the table of contents, table of
responding to this notice will be a
Dated: May 10, 2016. statutes, regulations and cases cited, and
matter of public record and will be
Rebecca C. Tolene, summary of arguments that preface the
available on the Federal eRulemaking
arguments in the brief, referenced in
Deputy General Counsel and Vice President, Portal at www.Regulations.gov. The
Natural Resources. paragraphs (c)(2) and (d)(2) of the
Department will not accept comments
revised regulation below. In
[FR Doc. 2016–11688 Filed 5–19–16; 8:45 am] accompanied by a request that part or
determining the word count, a party
BILLING CODE 8120–08–P all of the material be treated
may rely on the software program used
confidentially because of its business
to prepare the brief. Briefs in excess of
proprietary nature or for any other
the word count shall be rejected and
DEPARTMENT OF COMMERCE reason.
Any questions concerning file shall be considered untimely.
If an interested party challenges a
International Trade Administration formatting, document conversion,
party’s word count, such a filing must
access on the Internet, or other
be made within 48 hours of the filing of
19 CFR Part 351 electronic filing issues should be
the final version of the case or reply
addressed to Moustapha Sylla,
[Docket No. 160506400–6400–01] brief in ACCESS.2 While parties may
Enforcement and Compliance
not be able to view another party’s
RIN 0625–AB05 Webmaster, at (202) 482–4685, email
business proprietary case brief in
address: webmaster-support@
Modification of Regulation Regarding ACCESS and may have to rely on being
ita.doc.gov.
Written Argument: Establishing Word served the brief by the filing party, we
FOR FURTHER INFORMATION CONTACT: note that 19 CFR 351.303(f)(3)(i)
Limits for Case and Rebuttal Briefs in
Antidumping and Countervailing Duty Myrna Lobo at (202) 482–2371 or contains specific rules for service of
Proceedings Michele Lynch at (202) 482–2879. briefs. Case briefs must be served on
SUPPLEMENTARY INFORMATION: persons on the service list 3 the same
AGENCY: Enforcement and Compliance, day that they are filed with the
International Trade Administration, Background
Department by personal service or by
Department of Commerce. Section 351.309 of the Department’s
mstockstill on DSK3G9T082PROD with PROPOSALS
overnight mail or courier the next day
ACTION: Proposed rule and request for regulations sets forth limits for the
comments. submission of case and rebuttal briefs 1 The United States Court of International Trade
and provides guidance on what should and the United States Court of Appeals for the
SUMMARY: The Department of Commerce be contained in these documents. Federal Circuit also impose word limits on briefs.
2 Enforcement and Compliance’s Antidumping
(‘‘the Department’’) proposes to modify However, unlike other Federal Agencies
and Countervailing Duty Centralized Electronic
the regulation pertaining to written (e.g., the International Trade Service System (‘‘ACCESS’’). ACCESS is available
argument in antidumping and Commission, Department of Labor, or to registered users at https://access.trade.gov.
countervailing duty proceedings and is the Internal Revenue Service Tax 3 19 CFR 103(d)(2).
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Document Created: 2016-05-20 02:00:08
Document Modified: 2016-05-20 02:00:08
| 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 | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Written comments must be received on or before June 20, 2016. | |
| Contact | Ralph E. Majors, 865-632-4176. | |
| FR Citation | 81 FR 31873 | |
| CFR Associated | Administrative Practice and Procedure; Historic Preservation; Indians-Lands; Penalties; Public Lands and Reporting and Recordkeeping Requirements |
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